Agenda 06/14/2011 Item #16D5
Agenda Changes
Board of County Commissioners Meeting
June 14, 2011
WITHDRAWN PER STAFF DURING AGENDA CHANGES
Item 16D5: Recommendation to approve and authorize the Chairman to sign an amendment
to the 2010 Community Development Block Grant (CDBG) Sub recipient Agreement with the
Community Redevelopment Agency (CRA) Immokalee approved on October 26, 2010 (Item HiD6)
(Item 16D3). This amendment will correct a scrivener's error and revise the scope of services on the
original agreement to include travel costs. The scope revision will not increase the previously
awarded grant total. (Commissioner Henning's request)
Withdraw Item 16B2: A Resolution by the Board of County Commissioners of Collier County,
Florida, designating the parcels of land depicted in the attached Exhibits A-G associated with the
Immokalee Enterprise Zone as a Brownfield Area of Collier County for the purpose of economic
development and environmental rehabilitation; authorizing the County Manager or his designee to
notify the Department of Environmental Protection of said designation; and providing for an
effective date. (Staff's request - wasn't advertised)
Move Item 16C1 to Item 101: Recommendation to reject all quotes for Lift Station 103.01
Rehabilitation Project and re-quote Project 70046. (Commissioner Fiala's request)
Move Item 16K4 to Item 16F5: Recommendation that the Board of County Commissioners adopt a
Resolution fixing the date, time and place for the Public Hearing for approving the Special
Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay
Municipal Service Taxing and Benefit Unit. (Staff request - under County Attorney Report in error)
Move Item 17 A to Item 8A: This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all participants are required to be
sworn in. PUDZ-2007-AR-12292: Cope Reserve RPUD -- An ordinance amending Ordinance
Number 2004-41, the Collier County Land Development Code, which includes the comprehensive
zoning regulations for the unincorporated area of Collier County, Florida by amending the
appropriate zoning atlas map or maps; by changing the zoning classification of the herein described
real property from the Estates (E) Zoning District to the Residential Planned Unit Development
(RPUD) Zoning District for a project to be known as the Cope Reserve RPUD. The project
proposes a total of 43 single-family detached dwelling units in Section 8, Township 50 South, Range
26 East, Collier County, Florida, consisting of 14.3:1: acres; and by providing an effective date.
(Commissioner Fiala's request)
Move Item 17G to 8B: Recommendation to adopt an ordinance amending Chapter 49 of the Collier
County Code of Laws and Ordinances, relating to economic development, which will establish
additional criteria to be evaluated (1) when there is a request to lessen or waive certain
requirements in existing economic development ordinances and programs, and (2) when there is an
application seeking grants and/or other incentives which fall outside existing economic development
ordinances and programs. (Commissioner Hiller's request)
Note:
Item 10C: Recommendation to award a construction contract in the amount of $25,935,470.53
$24,905,238.93 to Astaldi Construction Corporation and reserve $3,315,000.00 on the purchase
order for funding allowances, for a total of $28,220,238.93 for ITB No. 10-5342 - "SR 84 (Davis
Boulevard) Radio Road to Collier Boulevard; SR/CR 951 Intersection improvements; Collier Blvd
(SR/CR 951) North to Magnolia Pond Drive; and CR 951 North to the E Golden Gate Canal",
Project No. 60073 and Project No. 60092. (Staffs request - typographical error in dollar amount)
Item 16E2: There was a page omitted from the back up documents on the monthly change order
report. "Under item 6 of the change order report, the cost of the added service is 17 cents per
member (employee or dependent) per month". (Staff's request)
Time Certain Items for Tuesday, June 14:
Item 9B to be heard at 9:45 a.m.
Item 9C to be heard immediately following Item 9B
Item 9F to be heard at 1 :05 p.m.
Item lOB to be heard at 10:45 a.m.
Item 10F to be heard at 2:00 p.m.
Item llA to be heard at 12:00 noon-Closed Session
Item lIB to be heard at 1 :00 p.m.
Time Certain Items for Wednesday, June 15:
Item 10D to be heard at 10:00 a.m.
Item 10E to be heard at 9:00 a.m.
6/14/2011 9:48 AM
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6/14/2011 Item 16,D.5,
EXECUTfVES~NL\RY
Recommendation to approve and authorize the Chairman to sign an amendment to the 2010
Community Development Block Grant (CDBG) Subrecipient Agreement with the Community
Redevelopment Agency (CRA) lmmokalee approved on October 26, 2010 (Item 16D6). Tb~
amendment will correct a scrivener's error and revise the scope of services on the original
agreement to include travel costs.
OBJECTIVE: Acquire Board of County Commissioners' (BCC) approval of the amendm$1l
between Collier County and the Community Redevelopment Agency (CRA) ImmokWee for
changes that will include a correction from a scrivener's error on the agreement and the addition of
travel costs.
CONSIDERATIONS: On April 27, 2010, the Board adopted Resolution No. 2010~85
approving the 2010-2011 Action Plan Otem 16D 15), and authorized its submission to the U.S.
Department of Housing and Urban Development (BUD). A listing and description of proposed
projects, the amount of funding for each project, and the Subrecipient Agreement template for
each type of grant were also included in the Action Plan submission.
On August 6, 2010, HUD provided the FY 20 1 0~20 11 entitlement funding letter and agreements
to the County in the amount of $3,376,051. The Board of County Commissioners (BCC)
accepted receipt of this entitlement funding on September 14, 2010 (ItemI6DI2). The
subrecipient agreement was approved and signed by the Chainnan on October 26, 2010 Otem
16D6). This amendment is necessary to correct a scrivener's error on page two of the agreement
where the funding an10unt should have been stated as $212,000 and not $86,000 as written.
Also, the amendment also includes all travel costs associated with start up of the IBDC; mileage,
lodging, and meals which was omitted in the original agreement. The travel costs, mileage,
lodging, meals are reimbursable only in accordance with Board policy.
FISCAL IMPACT: None. No general funds are associated with this CDBG Subrecipient
Amendment.
GROWTH MANAGEMENT IMPACT: The CDBG project associated with this subrecipient
Amendment will help meet the goals, objectives and policies set forth in the Housing Element of
the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient. This item requires a majority vote.-JBW
RECOMMENDATION: To approve and authorize the Chainnan to sign an amendment to the
2010 Community Development Block Grant (CDBG) Subrecipient Agreement with the
Community Redevelopment Agency (CRA) Immokalee.
Prepared by: Rosa Munoz, Grants Coordinator
Housing, Human and Veteran Services Department
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6/14/2011 Item 16.0.5.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5.
Item Summary: Recommendation to approve and authorize the Chairman to sign an
amendment to the 2010 Community Development Block Grant (CDBG) Subrecipient Agreem~nt~,~
with the Community Redevelopment Agency (CRA) Immokalee approved on October 26} 201.Q!.i;1
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(Item 16D6). This amendment will correct a scriveners error and revise the scope of servlc~~nA"'.
the original agreement to include travel costs.
Meeting Date: 6/14/2011
Prepared By
Name: MunozRosa
Title: Grants Coordinator,Housing, Human & Veteran Services
5/19/2011 4:30:00 PM
. Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: MunozRosa
5/19/2011 4:30:01 PM
Approved By
Name: CastorenaMargo
Date: 5/20/201110:51:52 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 5/20/2011 1:47:36 PM
Name: KrumbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Veteran Services
Date: 5/20/20] 1 4:48:50 PM
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Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 5/23/20]] 3:04:]8 PM
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6/14/2011 Item 16,0.5.
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.."..,~~
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/23/2011 3:27:49 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 6/1/2011 8:59:42 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/1/2011 3:44:29 PM
NatTIe: IsacksonMark
Title: Director-Corp Financial and Mgrnt Svs,CMO
Date: 6/6/2011 10:31 :53 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 10:55:00 AM
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6/14/2011 Item 16.0.5.
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Amendment No.1 to the Agreement
Between Collier County and
Collier County Community Redevelopment Agency (CRA) Immokalee
Job Creation - Business Incubator Project
Catalog of Federal Domestic Assistance # 14.218
HUn Grant # B-IO-UC-12-0016
THIS AMENDMENT, dated ,2011 to the above-referenced Agreement shall
be by and between the parties to the original Agreement, Collier County Community Redevelopment Agency
(CRA) Immokalee" a public entity created by Collier County pursuant to Chapter 163, Florida Statutes, having its
principal office at 310 Alachua Street, Immokalee, FL 34142, and its Federal Tax Identification number as 59-
6000558 & DUNS #, 076997790, ("SUBRECIPIENT").
RE: HUD Grant - B-IO-UC-12-0016; IDIS #379, CDBG Job Creation - Business Incubator Project, Catalog of
Federal Domestic Assistance #14.218
The following change to the above referenced Agreement has been mutually agreed to by the Subrecipient and the
County. The additions to the existing language in the Agreement are shown herein by underlining: deletions from
the Agreement are shown by striketRrol:l~s.
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IV.
CONSIDERATION AND LIMITATION OF COSTS
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The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY, in an amount not to exceed EIGHTY SIX TWO HUNDRED AND TWELVE
THOUSAND DOLLARS AND NO CENTS (U. S. $~ 212.000.00) for the services described in Exhibit "A."
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EXHIBIT" A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
JOB CREATION - BUSINESS INCUBATOR PROJECT
Funds will be used to pay 100% salary, fl:Hd benefits, and travel costs in accordance with BCC board policy
for the manager of IBDC and an administrative assistant who are Collier County employees. Funds will
also be used for normal start-up expenses in the following categories: office equipment and supplies, office
operating expenses, office furnishings, professional and marketing fees or expenses. All travel costs
associated with start up of the mDC: mileage. lodging. meals etc. Operational and maintenance and/or
lease charges associated with vehicles for the director or administrative assistant will be covered.
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.endment No.1 CDIO-06
Community Redevelopment Agency (CRA) lmmokalee
Job Creation - Business Incubator Project
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6/14/2011 Item 16.0.5. I
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The Subrecipient agrees that this amends the original Agreement. All other terms and conditions of the Agreement
shall remain ~n force.
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IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY have signed Amendment No.1 to the
Agreement a~ of the date flrstwritten above.
A TrEST: ,
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
By:
, Deputy Clerk
(SEAL)
Collier County Community Redevelopment
Agency (CRA) - Irnmokalee
Dated:
First Witne~s
By:
Subrecipient Signature
Type/print )\'itness name
Jim Coletta. Chairman
Type/print Subrecipient name and title
Second Witness
Type/print ritness name
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Approved ~s to form and legal sufficiency:
Jennifer Ii;. White
Assistant qounty Attorney
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Amendment No 1 CD ~O-O6
Community Redevelopment Agency (eRA) Immokalee
Job Creation - BusinesS Incubator Project
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6/14/2011 Item 16.0.5.
AGREEMENT BET'VEEN COLLIER COUNTY
AND
CO~ITYREDE'~LOPMENTAGENCY(CRA)~OKALEE
JOB CREATION - BUSINESS INCUBATOR PROJECT
Catalog of Federal Domestic Assistance # 14.218
BUD Grant # B-I0-UC-12-0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ("COUNTY"), and the "Collier County Community
Redevelopment Agency (CR..!\.) -lmmokalee" a public entity created by Collier County pursuant to
Chapter 163, Florida Statutes, having its principal office at 310 Alachua Street, Inunokalee, FL 34142,
and its Federal Tax Identification number as 59-6000558 & DUNS #, 076997790,
("SUBRECIPIENT").
'WHEREAS, the COUNTY has entered into an agreement with the United States Department
of Housing and Urban Development (HUD) for a grant for the execution and implementation of a
ConU11Unity Development Block Grant Program in certain areas of Collier County, pursuant to Title I
of the Housing and Conununity Development Act of 197 4 (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 altematively 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 individuallleeds; and to provide for long range community improvements by
assessing ClUTent conditions and planning long range improvement progran1s 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 \-villi Resolution 2010-85 on April 27, 201 O-Agenda Item 16D15; and
\\'HEREAS, Resolution 08-121 was developed following the Collier COlmty Consolidated
Plan - Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01-02; and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for
Federal Fiscal Year 2010-2011 for the CDBG Program and the use of the CDBG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUB RECIPIENT desire to provide the activities specified
in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and L
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertaldngs of the CDBG Program as a valid and worthwhile County plU-pose.
2010 CDBG (CDIO-06)
Immokalee CRA
Job Creation-Business Incubator
Page 1 of28
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6/14/2011 Item 16.0.5.
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 Vvntten approval of the Department of Housing, Human
and Veteran Services or designee.
(E) .'SUBRECIPIENT" means the Collier County Community Redevelopment Ag:ency
(eRA) Imrnokalee.
(F) .'HUD" means the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(G) i "Low and moderate income persons" means the definition set by HUD.
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(H) i "Project" means the work to be perfOl1lled as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The! SUB RECIPIENT shall, in a satisfactory and proper manner, as detel1llined by HHVS,
perform th~ tasks necessary to conduct the program outlined in Exhibit ..A."
III. TIlVrE OF PERFORMANCE
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Thei effective date of the Agreement betvv-een HUD and Collier County shall be July 1, 2010.
TIle servic~s of the SUB RECIPIENT shall be undertaken and completed in light of the purposes oftrus
Agreementj Subrecipients are authorized to incur eligible expenses after that date and prior to
execution <;>f this Agreement subject to HHVS prior written approval. In any event, all services
required he~eunder shall be completed by the SUBRECIPIEl\TT prior to June 15,2012. Any funds not
obligated by the expiration date of this Agreement shall automatically revert to the COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
TIl~ SUBRECIPIENT shall be reimbursed by the COUJ\TTY using HUD funding for allowable
costs, deteIjrnined by COUNTY, in an anlount not to exceed EIGHTY SIX THOUSAl\TD DOLLARS
AND NO GENTS CD. S. $86,000.00) for the services described in Exhibit "A."
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Allinlprovements specified in Exhibit "A" shall be perfonned by SUBRECIPIENT employees,
or shall beiput 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 iand qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored py HHVS, which shall have access to all rel::ords and docmnents related to the project.
10ID CDBG (<;:010-06)
Immokalee eRA
Job Creation-ausiness Incubator
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6/14/2011 Item 16.0.5.
The County shall reimburse the SUBRECIPIENT for the perfOlmance 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 fi.-equently than once per month. Payment will be made
upon receipt ofa proper invoice and in compliance with ~ 218.70, Fla. Stat., otherwise knoVvTI as the
"Local Govemment 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
IffiVS at its office, presently located at 3301 E Tarniarni 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. llvlPLEMENTATlON OF PROJECT
TIle SUBRECIPIENT shall implement this Agreement in accordance \vith applicable Federal,
State, and COtUlty 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 fTOm
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 SUBRECIPlENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from pmiicipating in this covered transaction.
C. LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply \vith any applicable laws, ordinances, regulations and
orders of the State, local and Federal govemments, including, but not limited to:
1. 24 CFR 570, as anlended - The regulations governing the expenditure of Community
Development Block Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
2010 CDBG (CDlO-06)
Immokalee CRA.
Job Creation-Business Incubator
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6/14/2011 Item 16.D.5.
3.
Title VI of the 1984 Civil Rights Act, 42 USC S 2000eI, et. seq.
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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 OppOltunity"), as amended by Executi\'e
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 ~ 20DOe, ct. 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. HUn Form 4010 must be included in all construction contracts
funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)).
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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.
16.0MB Circular A-133 - concerning annual audits.
17. O:MB Circular A-122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higber Education", Hospitals and Other Non-Profit Organizations.
2010 CDBG (<;:010-06)
Immokalee c~
Job Creation-f\usiness Incubator
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6/14/2011 Item 16.D.5.
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 10 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 e}".1:ent 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
jmisdiction on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes behveen the palties, the parties shall make a good faith
effOlt to resolve any such disputes by negotiation. TIle negotiation shall be attended by
representatives of SlJBRECIPIENT 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 paIties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit COUli 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 herelmder, the other party may obtain a court
order requiriilg mediation under S 44.102, Fla. Stat.
2010 CDBG (CDlO-06)
Immokalee eRA
Job Creation-Business Incubator
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6/14/2011 Item 16.0.5.
D.' SUBCONTRACTS
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An~ work or services subcontracted by the SlJBRECIPIENT shall be specifically by \\Titten
contract or ~greement, and such subcontracts shall be subject to each provision of tlus Agreement and
applicable County, State, and Federal guidelines and regulations. Prior to execution by the
SUBRECmIENT of any subcontract hereunder, such subcontracts must be submitted by the
SUBRECI~IENT to HHVS for its review and approval. which will specifically include a detcrnlination
of complial1ce vvith the terms of the attached Scope of Services set forth in Exhibit "A."
Tlu~ 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. ReiIpbursements for such services will be made at SUBRECIPIENT cost. None of the work or
services co'\'ered by tlus Agreement, including but not limited to consultant work or services, shall be
subcontract~d by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval
of the HHV1S or its designee.
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E.! AMENDMENTS
Thi~ Agreement, and any exhibit or attachment, may be anlended only by v.TItten agreement
executed by the governing boards of both parties, except that County representative(s) may approve
adjustment$ between line item amounts, scope clarifications, or an ex"tension of time and schedule that
do not change the project, or exceed the amount funded by the County, as stated herein. Any
modificatiops to this contract shall be in compliance with the County Purchasing Policy and .
Administrative Procedures in effect at the time such modifications are authorized.
F. j INDEMNIFICATION
To ~le maximum extent pemlitted by Florida law, the SUBRECIPIENT shall indemnify and
hold harml~ss Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, Vlcluding, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by ~he negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or
anyone employed or utilized by the SUBRECIPIENT in the perfornlance of this Agreement. This
indernnific~tion obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to all indemnified party or person described in this
paragraph. !This section does not pertain to any incident arising from the sole negligence of Collier
County. Th!e foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set fqrth in Section 768.28, Florida Statutes.
G. GRANTEE RECOGNITION
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All ifacilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding; source. The SUB RECIPIENT will include a reference to the fmancial supp0l1 herein
provided by HHVS in all publications and publicity. In addition, the SUB RECIPIENT "vill mal.:e a
good faith: effort to recogIuze HHVS' support for all activities made possible with funds made
available upder this AgI'eement. The SUBRECIPIENT will mount a temporary construction sib'll for
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2010 CDBG (~D10-06)
lmmokalee C~
Job Creation-Business Incubator
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projects funded by HHVS. This design concept is intended to disseminate key infornlation 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 ternlination for any of the reasons identified in sub-sections 1-3 as follows, all
finished or unfmished 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 ternnnation, the SUBRECIPIENT shall
not be relieved of liability to tbe COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may \vitbhold any payment to the
SUBRECIPIEl\TT for set-off purposes until such time as the exact anlount of damages due to the
COUNTY fi'om the SUB RECIPIENT is detemlined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper mamler its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations
of this Agreement, either party sball thereupon have the right to ternlinate this Agreement in whole or
part by giving written notice of such tennination to the other party and specifying therein the effective
date of termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may. at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the otber party. Upon
telmination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this
Agreement tlu'ough 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 telminated, tIns Agreement shall be suspended
or temlinated effective on the date that HUD specifies.
1. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times dming its performance under the Contract
Documents, insurance of the t)'pes and in the amounts described herein and further set forth in Exhibit
"B" to this Agreement.
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUB RECIPIENT of its liability and obligation under tIllS subsection or under any subsection of this
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contract. The contract is contingent upon receipt of the insurance documents Vvithin fifteen (15) .
calendar days after the Board of County Commissioners' approval. If the Insurance certificate is
received w~thin the specified period, but not in the manner presc.ribed in these requirements, the
SUBRECIPiIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar da~'s to submit a corrected Certificate to the County.
If t~e SUB RECIPIENT fails to submit the required insurance documents in the manner
prescribed ~ these requirements within twenty (20) calendar days after the Board of County
Commissio~ers' approval, the SUBRECIPIENT 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 ~e 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,
unemploynient and employee benefits.
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VII. AD~lINISTRA TIVE REQUIREMENTS
A. i FINANCIAL MANAGEMENT
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The i SUBRECIPIENT agrees to comply 'with OMB Circular A-ll 0 (Uniform Administrative
Requireme*s for Grants and Agreements \vith Institutions of Higher Education, Hospitals and other
Non-Profit prgaIDzations) and agrees to adhere to the accounting principles and procedures required .
therein, utiliize adequate internal controls, and maintain necessary source doclID1entation for all costs
incurred. I
B. DOCUlv1ENTATION 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 SUB RECIPIENT 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 l-ffiVS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be sUlTendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records for SLX (6) years after expiration
ofthis Agreement.
3. The SUB RECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, ""BEtrvrnE, Equal Opportunity Employment, and
BUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
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4.
The SUB RECIPIENT 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 fonn 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 shoV\,-ing contractor compliance with the Contract Work Hours and
Work Safety Law. Sinlilarly, the SUBRECIPIENT shall maintain records showing
compliance v..':ith federal purchasing requirements and with other federal requirements
for grant implementation.
6. If indirect costs are charged, the SUB RECIPIENT will develop an indirect cost
allocation plan for detelmining 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 SUB RECIPIENT 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 [mal 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 accmate reports
required by this Agreement, and on the resolution of monitoring or audit fmdings identified pursuant to
this Agreement.
The SUBRECIPIENT agrees that HHVS will cany out peIiodic monitOling 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 infolluation and status reports required
by HHVS or BUD 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 deternlined by HHVS or BUD.
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D. ADDITIONAL HOUSING. HUMAN AND VETERA..N SERVICES. CO"(JNTY. A..ND .
HUb REQUlRE1\1ENTS
Th~ SUBRECIPIENT agrees to utilize funds available under tIns Agreement to supplement
ratn;er than supplant funds othervvise available for specified activities.
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E. WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1 ,000 or more;
(3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter
112, Fla. Stat. unless othern'ise required by CDBG);
(4) All change orders;
(5) All requests to utilize unconm1itted funds after the expiration of this agreement
for programs described in Exlnbit "A"; and
(6) All rates of pay and pay increases paid out ofCDBG 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 \"lith the procedures prescribed by the Federal .
Managemebt Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR PaIt 85.
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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-B3.
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 goveming the program in which
they participate.
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\\'hen the requirements of OMB A-I 33 apply, or when the SUBRECIPIENT
elects to comply with O!\1B A-133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by
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the SUBRECIPIENT. A copy ofthe audit report must be received by HHVS no
later than six months following the end ofthe SUBRECIPIENT's fiscal year.
4.
If an audit is required by Section G of this contract, but the requirements of
OI\1B A-133 do not apply or are not elected, the SUBREClPIENT may choose
to have an audit perfolmed 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 tIns 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 SUBRECIPIENT shall include in all HHVS approved subcontracts each of
the recordkeeping and audit requirements detailed in tIns contract.
H. PROGRl\M-GENERATED INCOME
All income eamed by the SUB RECIPIENT from activities financed in whole or in part by
funds provided heretmder 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 \\'l-itten
approval of HHVS or its designee. Accounting and disbursement of such income shall comply with
OMB Circular A-ll 0 (UInform Adnnlnstrative Requirement for Federal Grants) and other applicable
regulations incorporated herein by reference.
Program Income, as defmed by 24 CFR 570.500(a), may be retained by the COUNTY.
Progranl Income shall be utilized to undeliake activities specified in Exhibit "A" of this Agreement,
and all provisions of tIns Agreement shall apply to stated activities. Any Program Income received by
the SUBRECIPIENT or its sub-contractors shall be retumed to the COUNTY unless the
SUBREClPIENT requests and is authorized by HHVS to utilize unconmlirted funds.
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities dUling tIns 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, progranl income balances, and receivable accounts to the COUNTY), and
detennining the custodianship of records.
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VIII. OTHER PROGR.o\M REQUIREMENTS
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A.
OPPORTUNITIES FOR RESIDENIS .AND CIVIL RIGHTS COMPLIANCE
Thd SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected tp, discrimination under any activity carried out by the performance of this Agreement on the
basis of ra~e, 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 ithe greatest extent feasible, lower-income residents of the project areas shall be given
opportuniti~s for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded cqntracts in comlection \vith the project. The SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITYrwOMEN-OW1\TED BUSINESS
ENTERPRISES
In tile procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall
make a positive effort to utilize small business and minority/women-o'\.vned business enterprises of
supplies arid services, and provide these sources the maximum feasible oppOltunity to compete for
contracts t~ be perfornled pursuant to this Agreement. To the max.imum e),.'1ent feasible, these small
business arid minority/women-ovv'Iled business enterprises shall be located in or oVvned by residents of
the CDBG iareas designated by Collier County in the Annual Consolidated Plan approved by I-IUD. .
C. PROGRAM BENEFICIARIES
At ~east fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be 10'1\;- and moderate- income persons. lfthe project is located in an entitlement city, as defined
by BUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries
directly a~sisted 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 tlus Abrreement.
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D.: CONFLICT OF INTEREST
Th~ SUBRECIPIENT covenants that no person who presently exercises any fi.ll1ctions 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
perfoTInange 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
SUBRECrfIENT or its employees shall be disclosed in writing to HHVS provided, however, that this
paragraph lshall be interpreted in such a maImer so as not to unreasonably impede the statutory
requireme* that maximum opportunity be provided for employment of and participation of low and
moderate-~come residents ofthe project target area.
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E.
PUBLIC ENTITY CRIMES
As provided in S 287.133, Fla. Stat. by entering into this Agreement or perfonning any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will peIform hereunder, have not been placed on the convicted vendor list maintained
by the State of Florida DepaItment of Management Services v..rithin the 36 months immediately
preceding the date hereof. TIns notice is required by S 287.133 (3)(a), Fla. Stat.
F. DRUG-FREE WORKPLACE REQUIREl\1ENTS
The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with
the Drug-Frce Vlorkplace 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 aI1Y Federal contract, graIlt, 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 all 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 comlection \vith this Federal contract, graIlt, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Fonn-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 aIld disclose accordingly.
H. REAL PROPERTY
Any real propelty acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of CDBG including, but not limited to, the provisions on use and disposition of property.
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Any real p~operty 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. ENVIROl\~NTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
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In accordance \vith tile requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the SUB RECIPIENT shall assure that for activities located in an area identified by FEMA as
having spe~ial flood hazards, flood insurance under the National Flood Insurance Program is obtained
and mainta.ined. 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. i LEAD-BASED PAINT
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Thd SUBRECIPIENT agrees that any construction or rehabilitation of residential structures
with assist~nce provided under this contract shall be subject to HUD Lead-Based Paint Poisoning
PreventioniAct found at 24 CFR 570.608.
D. HISTORIC PRESERVATION
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Th~ SUB RECIPIENT agrees to comply with the Historic Preservation requirements set forth in
the Nation~l 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. :
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X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CD13G funds may not be used for religious activities or provided to primarily religious
organizatiotls. Section 24 CFR 570.2000) specifies the limitations on CDBG funds.
XI. REVERSION OF ASSETS
Up611 expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any
CDBG fu~ds on hand at the time of expiration, any accounts receivable attributable to the use of
CDBG nmps, and any non-expendable personal property that was purchased with CDBG funds. Any
real prop~rty under SUBRECIPIENT control Vv111 be covered by the regulations 24 CFR
570.503(B)(8).
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XII. SEVERABILITY
Should any provision of the Agreement be detenllined to be unenforceable or invalid, such a
detemlination shall not affect the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
Oliginal, and such cOlU1terpalis will constitute one and the sanle instrument.
XIV. ENTIRE lJNDERST ANDING
This Ab'Teement and its provisions merge any prior agreements, if any, between the parties and
constitutes the entire understanding. The parties hereby acJrJ10wledge that there have been and are no
representations, walTallties, covenants, or undertakings other than those expressly set forth herein.
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IN WITl'{ESS 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
6c.k hpr ,20m.
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER.CQUNTY. FLORIDA ~I
,~ 11 . . :' ~\
-/'t..f-dL ~JJ. (_~""v'1.s;t.
By:.oJ . .~,''''1:
FRED W. COYLE, CHAIRI\MN
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Second \Vitness
(~~11Qz.,,~~ ~
.~' \j ~. )/D "\
D '!/ ~11)"V~ ~ I +.-J 7 J'J
Type/prin~ witness name l
Collier County Community Redevelopment Agenc
(eRA) Immokalee
t ) ,.. ."
.. J i }.. 1.; ." A
... /, ,-\ .._1./ )?":/' I, , ,iJ! ,
Bv. ;' ,., ") 7. 'J'Z . ;" ,rf __/i .i'l ' '1' ( n /1 .,
J. ~,- , !' (~-[..... _01.. If, ,.,. J!..,...o"" '-. ..I!
Subrecipiknt Si'gnature - :Ii
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pennvi Phillippi. Executive Director
Type/print Subrecipient name and title
C/Jt~Jt~,6-fCtn{ G\(cE
Ch(l~he ?3.efc~nCDLH-t
Type/print witness name
.
Approved as to form and legal sufficiency:
e~/;1/}~
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Colleen M. Greene
Assistant County Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COl\1MUNITY REDEVELOPMENT AGENCY (CRA) IMIVIOKALEE
JOB CREATION - BUSINESS INCUBATOR PROJECT
A. PROJECT SCOPE:
On April 2th, 2010 the BCC approved the HUD Action Plan allocating funding for this
initiative. Community Development Block Grant (CDBG) funding will be used for the start up
and two year operational costs for the Immokalee Business Development Center (IBDC). This
follows approval oftbe Interlocal Agreement for the Immokalee Business Development Center
between Collier COlmty Airport Authority and the Collier County Community Redevelopment
Agency (CRA) at the BCC meeting on March 9, 2010. The IBDC is a joint project between
the CRA and the Collier County i\irport Authority Board (CCAA) to use existing buildings at
the hnmokalee l\irport (IM1\.1) by establishing a business development center.
Funds will be used to pay 100% salary and benefits in accordance with Bec board policy for
the manager of IBDC and an administrative assistant who are Collier County employees.
Funds will also be used for nonnal start-up expenses in the following categories: office
equipment and supplies, office operating expenses, office furnishings, professional and
marketing fees or expenses. Operational and maintenance and/or lease charges associated with
vehicles for the director or administrative assistant will be covered.
In the Action Plan for this program the intended outcome of this funding is to create a
minimum of 5 low/moderate positions and the above noted fl.Ulds are utilized to reach tIns goal.
It is important to clarify the 5 positions are an outcome of the businesses occupying the IBDC
this funding is helping to establish. Vlhen the CRA establishes the firms, they will then hire
people to work for them in various capacities.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to inlprove economic opportunities for low income persons.
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B.
BUDGET
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ColFer County Housing, Human and Veteran Services is providing Two Hundred and Twelve
Th~mand Dollars ($212.000.00) in CDBG funding for the project scope described above.
Line Item Description
Start Up and Operation of
lmmokalee 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 "VORK PLAN
:
Thd following Project Work Plan is in effect for program monitoring requirements only and as
such, is not to be used as a payment schedule.
Date Start Date End Work Plan
97/2010 12/2010 Hire Administrative Assistant
07/20] 0 03/2011 Establish office functions
07/2010 04/2011 Hire Manager
07/2010 06/2012 Conduct Marketing Activities
07/2010 I 06/2012 Education-New Business/Entrepreneurs
~7/2010 06/2012 Secure Tenants
l2/2010 06/1012 Demonstrate creation of 5 jobs
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D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable Payment Schedule
S,tart Up and Operation of ImTIlokalee Upon monthly invoicing of allowable
~usiness Development Center expenses up to $190,800
si LMI Jobs filled Upon invoice of allowable expenses and
! verification of 5 filled positions release final
, payment of up to $2l ,200
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EXHIBIT "A-I"
CHANGE BY LETTER
~ COLLIER COUNTY GOVERNMENT
Collier County Housing, Human and Veteran Services
Public Services Division
Date
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
Contact Name
Name afFirm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date
shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights,
including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should
circumstances warrant with regard to the referenced contract.
r
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identif~y specific items and quantities)
r Otber: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
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EXHIBIT "B"
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INSURANCE REQUIREMENTS
Thd SUBRECIPIENT shall fumish to Collier County, c/o Housing, Human and Veteran
Services Department, 3301 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s)
ofInsuranc~ evidencing insurance coverage that meets the requirements as outlined below:
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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 occurre~ce for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to this coverage.
3., Automobile Liability Insmance covering all owned., non-owned and hired vehicles used
in connection v.rith this contract in an anlOUl1t not less than $300,000 per occurrence for combined
Bodily InNry and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In apdition to the insurance required in 1 - 3 above, a Certificate of Insurance must be provided
as follows: i
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4.! Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
desi&'1l professional employed by the SUBRECIPIENT in an anlount not less than $300,000 per
OCCUD"ence! providing for all sums which the SUBRECIPIENT and/or the design professional shall .
become legally obligated to pay as damages from claims arising out of the services performed by the
SUBREC~IENT or any person employed by the SUBRECIPIENT in connection with this contract.
This insur~nce shall be maintained for a period of two (2) years after the certificate of Occupancy is
issued. .
CONSTRuctiON PHASE (IF APPLICABLE)
In addition to the insurance required in 1 - 4 above, the SUBRECIPEINT shall provide or
ca~e its Subcontractors to provide original policies indicating the foHowing types of insurance
coverage ppor to any construction:
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5. I Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one h$ndred (100%) percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. i Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an! amount not less than tile full replace values of the completed structure(s) or the ma.ximum
amount oficoverage available through the National Flood Insurance Program (NFIP), whichever is
greater. TIie policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided
as such tim~ that he buildings' walls and roof exist.
OPERA TIO~!l\1ANAGEMENT PHASE (IF APPLICABLE)
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2010 CDBG (~DI0-06)
Immokalee C~A
Job Creation-~usiness Incubator
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6/14/2011 Item 16.0.5.
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 Propeliy damage. Collier County must be shown as an additional insured
':<v'ith respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an an10unt not less than one
hundred (l00%) of the replacement cost of the property. Collier County must be sho\vn as a Loss
payee with respect to this coverage A. T .I.M.A.
9. Flood Insurance coverage for those properties fOW1d 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.
2010 CDBG (CDlO-06)
lmmokalee CRA
Job Creation-Business Incubator
Page 21 of28
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EXHIBIT "C"
.illDITIONAL CDBG GRANT REQillREMENTS
6/14/2011 Item 16.0.5.
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Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requireme~ts. "
2010 CDSO CCDlO-06)
Immokalee CAA
Job Creation-~usiness Incubator
Page 22 of 28
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D-l
D-la
D-2
2010 CDBG (CDlO-06)
Immokalee eRA
.Tob Creation-Business Incubator
6/14/2011 Item 16.0.5.
EXHIBIT "D"
REOillRED Sli'BMITT ALS
Request for Payment
Release and Affidavit Form
CnBG Monthly Progress Report
Page 23 of 28
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6/14/2011 Item 16.0.5.
SCHEDULE "D-l"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUESTFORPAY~1ENT
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SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Communitv Redevelopment Al.!encv-Immokalee (CRt\.)
Subrecipient Address: 310 Alachua Street. Immokalee. FL 34142
Project Name: .Tob Creation-Business Incubator Proiect
Project No: CDIO-06
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant 'Amount Awarded
2. Sum afPast Claims Paid on this Account
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3. Total Grant A.mount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amo$t of Previous Unpaid Requests
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5. AmoJnt of To day's Request
6. Cun-ent Grant Balance (Initial Grant Amount Awarded
Less ~um of all requests)
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I c~rtify that this request for payment has been drawn in accordance "vith the tenns and
conditions iofthe 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
Date
Title
Authorizing Grant Coordinator
(approval authority under $14,999)
(approval required $15,000 and above)
Superviso~
Dept Director
2010 COBG (1=010-06)
Immokalee CRA
Job Creatjon-~usjness Incubator
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Page 24 of 28
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6/14/2011 Item 16.0.5.
SCHEDULE "D-la"
RELEASE AND AFFIDAVIT FORM
TIle SUBRECIPIENT certifies for itself and its subcontractors, matenar~men, successors and
assigns, that all charges for labor. materials, supplies, lands. licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed.
have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final)
Request for Payment.
SUBRECIPIENT
Witness:
BY:
BY:
ITS:
President
DATE:
Print name and title
. STATEOF
COUNTY OF
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The foregoing instrument was acknowledged before me this _ day of
2009, by , as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally knoVvTI to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
2010 CDBG (CDlO-06)
lmmokalee CR..<\.
Job Creation-Business Incubator
Page 25 of 28
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6/14/2011 Item 16.0.5.
SCHEDULE "D-2"
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CDBG MONTHLY PROGRESS REPORT
C01~pleteformfor past month and submit to Housil1g, Human Veteran Sen'ice's sfqlfby tlie
1 rI" of the jollolt-'blg month.
Status Repqrt for Month of
Submittal Date:
Project Name
Economic Development Job Creation-Business Incubator Proiect
Project Number CDI0- 06
Activity Number 379
Subrecipient:
Collier County Community Redevelopment A2:ency-Immokalee (CRA)
Contact Person
Penny S. Phillippi. Executive Director
Telephone:
239-252-2310
Fax: 239-252-3970
E-mail: iPennvPhillippi@.Colliemov.net
1. ; Activity Status/Milestones (describe any action taken, relating to this project, during
the past month):
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2. \"hat events/actions are scheduled for the next two months?
3. Describe any aff'rrmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to this project.
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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 contrfcts executed this month (if applicable):
2010 CDBG (qD10-06)
Immokalee CR!A
Job Creation-~usiness Incubator
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Page 26 of28
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6/14/2011 Item 16.0.5.
Name of Contractor or Amount of Contractor Race Etlmicity
Subcontractor, Address & Phone Contract FederalID (see definitions (see delmitions
Number Number on following on following
page) page)
For projects that serve a particular clientele, please complete tbe 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 T\VO
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 afbeneficiaries in the blank space and in Box 1. "
INC01\1E
Of the households or persons assisted, are extremely low-income income (0-30%) of the
ClilTent Median Family Income (MFI). Enter this number in Box "2. "
Oftbe 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 CUlTent Median
Family Income (MFI). Enter this number in Box "4. ..,
NOTE: The total of Boxes 2, 3 alld 4 should equal the Ilumber ill Box 1.
FE1VI.ALE HEAD OF HOUSEHOLD
This project assisted
number in box "5" belmi'.
Female Head of Households REGARDLESS of income. Enter this
BOX 1 BOX 2 BOX 3 BOX 4 BOX 5
Total Number of Ex.-n-emely Very Low Income Female Head of
Households or Low Income Low Income (51-80%) Household
Persons Assisted (0-30%) (31-50%)
1010 CDBG (CDIO-06)
Immokalee CRA
Job Creation-Business Incubator
Page 27 of28
Packet Page -1632-
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6/14/2011 Item 16.0.5.
I.~ ..
Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv
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Definitions: of Race:
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\Vhite: 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 Indi~l subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Paldstab, the Philippine Islands, Thailand, and Vietnanl.
Ameridm 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
attachrrient.
Native fIawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii~ Guam, Samoa, or other Pacific Islands.
Definition~ of Ethnicity:
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Hispank 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 Ethnicitv Beneficiaries
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.;R3.c.e: "s"'c.-/.c}'":.7 "~~,*
-:;3#Totab<O #His"--'aniC
\Vhite
Black ot- African American
Asian
Americ~n Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
Amcridm Indian/Alaska Native and White
Asian a,zd \Vbite
Black/African American and ~7]llte
Americ n Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
2010 COBO tco I 0-06)
lrnrnokalee eRA
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Job CreatiOD"Busilless lncubator
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