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Agenda 07/26/2011 Item #10F7/26/2011 Item 10.F. EXECUTIVE SUMMARY 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) Immokalee approved on October 26, 2010 (Item 16D3). This 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 amendment between Collier County and the Community Redevelopment Agency (CRA) Immokalee for changes that will include a correction of 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 (item 16D15) for the Community Development Block Grant (CDBG), and authorized its submission to the U.S. Department of Housing and Urban Development (HUD). 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 2010 -2011 entitlement funding letter and agreements to the County. The Board of County Commissioners (BCC) accepted receipt of this entitlement funding on September 14, 2010 (Item I6D12). On October 26. 2010 (Item 16D3) the Chairman approved ten (10) Subrecipient Exhibit A's or Scope of Services. The entire CDBG agreement template was approved previously on April 27, 2010 as part of the Action Plan submission and not included in the October 26, 2010 agenda item. The project which is currently being amended was one of the ten approved Scopes of Services. This amendment to the agreement is necessary to correct an error on page two of the original agreement where the funding amount was listed as $86.000 instead of $212,000 which is the correct amount. This amendment is to also include all travel costs associated with start up of the Immokalee Business Development Center (IBDC); which includes mileage, lodging, and meals that was not included in the original agreement. This amendment does not change the funding amount of $212,000 allocated to the CRA. 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: Eligible costs will be reimbursed consistent with Board policy. This item has been reviewed and approved by the County Attorney's Office and is legally sufficient. This item requires a majority vote. -JBW Packet Page -782- 7/26/2011 Item 10.F. 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. Prepared by: Rosa Munoz, Grants Coordinator Housing, Hunan and Veteran Services Department Packet Page -783- COLLIER COUNTY Board of County Commissioners Item Number: 10.17. 7/26/2011 Item 10.F. Item Summary: 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) Immokalee approved on October 26, 2010 (Item 16D3). This amendment will correct a scrivener's error and revise the scope of services on the original agreement to include travel costs. Meeting Date: 7/26/2011 Prepared By Name: MunozRosa Title: Grants Coordinator.Housing, Human & Veteran Services 6/21/2011 12:00:34 PM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Services Name: MunozRosa 6/21/2011 12:00:36 PM Approved By Name: AlonsoHailey Title: Administrative Assistant.Domestic Animal Services Date: 6/21/2011 2:00:22 PM Name: AckermanMaria Date: 6/27/2011 9:58:29 AM Name: KrumbineMarcv Title: Director - Housing & Human Services. Housing. Human & Veteran Services Date: 6/30/2011 10:58:03 AM Name: CastorenaMargo Date: 7/4/2011 3:03:58 PM Packet Page -784- 7/26/2011 Item 10.F. Name: WhiteJennifer Title: Assistant County Attorney,County, Attorney Date: 7/5/2011 8:07:35 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 7 /5/2011 8:53:21 AM Name: RamseyMarla Title: Administrator, Public Services Date: 7/5/2011 4:37:18 PM Name: KlatzkowJeff Title: County Attorney, Date: 7/15/2011 3:55:58 PM Name: FinnEd Date: 7 /18/2011 1:07:31 PM Name: Pricel-en Title: Administrator - Administrative Services. Date: 7/19/2011 12:13:28 PM Packet Page -78S- 7/26/2011 Item 10.F. AGREEMENT BETWEEN COLLIER COUNTY AND COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE .JOB CREATION — BUSINESS INCUBATOR PROJECT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B -1 O -UC -12 -0016 THIS AGREEMENT is made and entered into by and between Collier County. a political subdivision of the State of Florida, ( "COUNTY "), and the "Collier County Community Redevelopment Agency (CRA) - lmmokalee" a public entity created by Collier County pursuant to Chapter 163, Florida Statutes, having its principal office at 310 Alachua Street, lmmokalee, FL 34142, and its Federal Tax Identification number as 59- 6000558 & DUNS #, 076997790. ( "SUBRECIPIENT "). WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County. pursuant to Title 1 of the Housing and Community Development Act of 1974 (as amended): and WHEREAS, pursuant to the aforesaid agreement. COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need: to improve the quality of life in Collier Count} by providing infrastructure improvements_ public facilities, and other activities which are related to neighborhood /community improvements:. to improve the condition of life for persons who require physical access or other services that meet their individual nccds; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission: and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program with Resolution 2010 -85 on April 27, 2010 - Agenda Item 16D15: and WHEREAS. Resolution 08 -121 was developed following the Collier County Consolidated Plan — Citizen Participation Plan. adopted on January, 9, 2001 with Resolution 01 -02: and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of' the CDBG funds for the activities identified in the Plan: and WHEREAS. the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Fxhibit -'A" of this Agreement. in accord with the approved Consolidated Plan:. and WHEREAS. the COLIN75' desires to cngagc the SUBRECIPIENT to implement such underakinss ofthe CDBG I'rogran as a valid and worthwhile CounIN purpose. 2010 CDBG, WD10 -M lmmokalee CRA .lob Creation - Business Incubator Page I of 28 Packet Page -786- 7/26/2011 Item 10.F. NOW, THEREFORE. in consideration of the mutual promises and covenants herein contained. it is agreed b% the Parties as follows: I (A) "COUNTY" means Collier County. and where applicable, it's authorized representative(s). (B) "CDBG" means the Communitv Development Block Grant Program. (C) "HHV'S'- means Collier Counts Department of Housing. Human and Veteran Services. (D) "HHVS's Approval means the written approval of the Department of Housing. Human and Veteran Services or designee. (E) "SUBRECIPIENT " means the Collier County Communin Redevelopment Agenev (CRA) Immokalec. (F) `HUD" means the U.S. Department of I lousing and Urban Development or a person authorized to act on its behalf. (G) "Lori and moderate income persons means the definition set bN IIUD. (H) "Project' means the work to be performed as set forth in Exhibit -A." 11. SCOPE OF SERVICES The SUBRECIPIENT shall. in a satisfactory and proper manner. as determined by HHVS. perform the tasks necessar to conduct the program outlined in Exhibit "A'" M. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be Juh 1. 2070. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement suhiect to Ill -IVS prior written approval. In anN event. all services required hereunder shall be completed by the SUBRECIPIENT prior to June l:. 2012. Am funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COI?NTY using HUD funding for allowable costs. determined by COUNTY. in an amount not to exceed EIGHTY SIX THOUSAND DOLLARS AND NO CENTS (11. S. 586.000.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees. or shall be put out to competitive bidding under o procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be dandled by the SUBRECIPIENT and monitored by HHVS. which shall have access to all records and documents related to the project. 2010 CDnG WD10 -061 Immokalcc CILA )oh Creation - Business Incubator Paee 2 of 2N Packet Page -787- 7/26/2011 Item 10.F. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by 11HVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70. Fla. Stat.. otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3301 E Tamiami "frail, 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. i'I. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State. and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended. Proposed for debarment, declared ineligible. or voluntarily ° excluded from participation in this transaction by any Federal Department or agency:. and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract. or other covered transaction. with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES- REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable Laws, ordinances, regulations and orders of the State, local and Federal governments. including, but not limited to: 24 CFR 570. as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 2010 CDBG (CD 10-06) Immol:alec CRA Job Creation - Business Incubator Page 3 of -28 Packet Page -788- 7/26/2011 Item 101. 3. Title VI of the 1984 Civil Rights Act. 42 USC 5 2000d. et. seq. 4. 24 CFR 107 - The reputations 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 13086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title V11 of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968. as amended. S. 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, 39 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Propert.% 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 federal]) assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded b} CD13G. (.Sce 42 USC 376a and 24 CFR 135.1 l (c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11635 and 11.5. 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 Flousin, Amendments Act of 1988. 16. OMB Circular A -133 - concernine annual audits. 17. OMB Circular A -12'_ - which identifies cost principles. 18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education. Hospitals and Other Non -Profit Organizations. 2010 CDBG tCD 10 -00) Immokalee CRS. .lob Creation - Business Incubator Paae 4 of 2S Packet Page -789- 7/26/2011 Item 101. 19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112. Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05. as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any. or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida. which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by° representatives of SUBRECIPIENT with full decision- making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement. the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision - malting 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 part fail to submit to mediation as required hereunder. the other party may obtain a court order requiring mediation under L 44.102, F'la. Stat. 2030 CDBG (CD 10-06) Immokalee CRA .lob Creation- Business Incubator Page 5 of 2A Packet Page -790- 7/26/2011 Item 10T. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically- by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County. State. and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder. such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department. Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement. including but not limited to consultant work or services. shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval ofthe HHVS or its designee. E. AMENDMENT'S This Agreement. and any exhibit or attachment. may be amended only by written agreement executed by the governing boards of both parties. except that County representative(s) may approve adjustments between line item amounts. scope clarifications. or an extension of time and schedule that do not change the prgject. or exceed the amount funded by the Count\,. as stated herein. Anc modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION 7 o the maximum extent permitted by Florida law. the SUBRECIPIENT shall indemnify and hold harmless Collier County. its officers and employees from any and all liabilities. damages. losses and costs. including. but not limited to. reasonable attomeys' fees and paralegals' fees. to the extent caused by the negligence. recklessness. or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate. abridge or reduce any other rights or remedies which otherwise mac be available to an indemnified party or person described in this paragraph. This section does not pertain to anv 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?8- F7oridn.Sieuw ra. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding sourec. The SUBRECIPIENT will include a reference to the financial support herein provided by, HHVS in all publications and publicity. In addition. the SUBRECIPIENT will make a good faith effort to reco_rnize HHVS' suppon for all activities mad: possible with funds made available under this *reemem. The SUBRECIPIENT will mount a temporary construction sign for 2010 CD136 WM 0 -061 Immokaler CR.A Job C'reauon- Business Incubator Page 6 of 28 Packet Page -791- 7/26/2011 Item 105. projects funded by HHVS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. 1 -1. TERMINATION In event of termination for any of the reasons identified in sub- sections 1 -3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination. the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of' damages due to the COUNTY from the SUBRECIPIENT is determined. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement. either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.4 1.) 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason. terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CPR 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 tenninated. this Agreement shall be suspended or terminated effective on the date that HUD specifies. I. INSURANCE SUBRECIPIENT shall obtain and carry. at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B-' to this Agreement, J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under anN subsection of this 2010 CDBG (CD10 -06) immokalee CRA Job Creation - Business Incubator Page 7 of 28 Packet Page -792- 7/26/2011 Item 101. contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period. but not in the manner prescribed in these requirements. the SUBRECIPIENT shall he verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the Countv. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twent}° (30) calendar days after the Board of County Commissioners' approval. the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will he acting as an independent agent and that its employees are not Collier CountN employees and are not subject to the County provisions of law applicable to County employees relative to employments. hours of work. rates of compensation. leave, unemployment and employee benefits. V11. ADMINISTRATIVE REOUI REM ENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education. Hospitals and other Non -Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein. utilize adequate internal controls. and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDhEEP1NG The SIBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans. surveys. information. documents. maps. and other data procedures developed, prepared. assembled. or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY bv° the St?BRECIPIENT at any time upon request by the COUNT Y or HHVS. Upon completion of all work contemplated under this A greement copies of all documents and records relating to this Agreement shall he surrendered to ITMIS if requested. In am event the SUBRECIPIENT shall keep all documents and records for six (6) years after expiration of this A_,reement. 'Ihe SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of'HUD Labor Relations. VIBE /MBE. Equal OpportunitN Employment. and I IUD Section 3 reports. pursuant to 24 CFR 570.503.507. and 92 (3)(vi). 2010 ('[)B(, tCD 1(1 -06 ) Immokalec Cl, , Joh Creation - Business Incubator PaLe b of 28 Packet Page -793- 7/26/2011 Item 101. 4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with CDBG funds. in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2." 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law. including files containing contractor payrolls. employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly. the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 7. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS. AUDITS. AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement. and on the resolution of monitoring or audit findings identified pursuant to this A(Treement. The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS. submit information and status reports required by HIIVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or I-IUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as detenmined by HHVS or I -JUD. -- 2010 CDBG (Cl) 10-06) Immokalee CRA Job Creation - Business Incubator Page 9 of- 2S Packet Page -794- 7/26/2011 Item 10.F. D. ADDITIONAL HOUSING. HUMAN AND 'VETERAN SERVICES COUNTS' AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement: (2) All capital equipment expenditures of 51.000 or more: (3) All out -of -town travel (travel shall be reimbursed in accordance with Chapter 1 12. Ficr. Stat. unless otherwise required by CDBG): (4) All change orders: (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A ": and (6) All rates of pay and pay increases paid out of CDBG funds. whether for merit or cost of living. F. PURCHASING All purchasing for services and goods. including capital equipment. shall he made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -] 10. A- 132. 24 CFR Pan 84_ and 24 CFR Pan 85. G. AUDITS AND INSPECTIONS Non - profit organizations that expend 5500.000 or more annual], in federal awards shall have a single or program- specific audit conducted for that year in accordance with OMB A -153. Non - profit organizations expending federal awards of 5500.000 or more under onlN one federal program may elect to have a program - specific audit performed in accordance with OMB A -133. �. Non -profit organizations that expend less than 5500 -000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A- 133. although their records must he available for review (e.g.. inspections. evaluations). These agencies are required b% HHVS to submit "Reduced Scope" audits (c.­.. financial audit. performance audits). They may choose. instead of a Reduced Scope .Audit. to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A -13; app]} or when the SUBRECIPIENT elects to comp)% with OMB A -1 ;3. an audit shall be conducted d fo each fiscal vear for which federal awards attrihutahlc to this contract have been received by 2010 CDBG WD 10-06) Immokalec URA .loh Creation- BusinesR InOUhalOi Page 10 of 28 Packet Page -795- 7/26/2011 Item 10.F. 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 -I 33 do not apply or are not elected. the SUBRL-"CIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS- federal assistance has been received. In either case. each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133. as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly b- the Count. pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of the recordkeeping and audit requirements detailed in this contract. H. PROGRAM - GENERATED INCOME, All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to. income from service fees, sale of commodities. and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHVS, and said plan shall require the prior written approval of HHVS or its designee. Accounting and disbursement of such income shall comply with OMB Circular A -1 10 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. Program Income. as defined by 24 CFR 570.500(a). may be retained by the COUNTS'. Program Income shall be utilized to undertake activities specified in Exhibit "A" of this Agreement.. and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the SUBRECIPIENTrequests and is authorized h} HHVS to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT`s obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include. but not be limited to: making final payments. disposing of program assets Oncludin_ the return of all unused materials, equipment, unspent cash advances. program income balances. and receivable accounts to the COUNTY). and determining the custodianship of records. 2010 CDBG WDl o -o6t Immokalee CRA Job Creation - Business Incubator Page I I of 28 Packet Page -796- 7/26/2011 Item 10.F. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to. discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability. national origin. religion, age, familial status, or sex. upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible- lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of' 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies. equipment. construction. or services. the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women- oxvned 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 b% Collier CountN in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %o ofthe beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city. as defined by HUD, or serves beneficiaries countywide. more than thin ,\ percent ('300/0') of the beneficiaries directh assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Llrban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Lxhibit -'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 Pro ject. has ane personal financial interest. direct or indirect, in the target areas or any parcels therein. Miich would conflict in any manner or def_ree with the performance of this Agreement and that no person having am conflict of interest shall he employed by or subcontracted be the SIJBRECIPIEN7. Any possible conflict of interest on the part of the SUBRECIPIENT or its emplovees shall be disclosed in writing to IIHVS provided. however. that this paragraph shall be interpreted in such a manner so as not to unreasonable impede the statuton requirement that maximum opportunin be provided for employment of and participation os lova and moderate - income residents of the project target area. 2010 CDBG WD I 0 -061 Immokalee. CRIB Job Creation- Business Incubator Page 12 of 28 Packet Page -797- 7/26/2011 Item 10.F. E. PUBLIC ENTITY CRIMES As provided in § 287.131 Fla. Slat by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates. suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a), Fla. Stat. F. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). G. CERTIFICATION REGARDING LOBBYING The undersigned certifies. to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan. the entering into of any cooperative agreement, and the extension. continuation, renewal. amendment. or modification of any Federal contract, grant, loan. or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract. grant, loan. or cooperative agreement. the undersigned shall complete and submit Standard Form -LLL.. "Disclosure Form to Report Lobbying." in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants. contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. H. REAL, PROPERTY Any real property acquired b} 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 propert) . -- -010 CDRG(CD I0 -06) Immokalee CRA Job Creation - Business Incubator Pa,-,e 13 of 28 Packet Page -798- 7/26/2011 Item 10. F. Any real property within the SUBRECIPIENT control. which is acquired or improved in whole or part with CDBG funds in excess of S25.000. must adhere to the CDBG Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements_ L Clean Air Act. 41 USC 7401. et seq. 2. Federal Water Pollution Control Act. .13 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 am 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.- %1'10N The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966. as amended (16 USC 470) and the procedures set forth in 36 CFR 800.. Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. X. CONDITIONS FOR _RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.2000 specifies the limitations on CDBG funds. XI. REVERSION OF ASSETS Upon expiration of the .Agreement. the SUBRF:CIPIEN"I shall transfer to the COUNTY anx CDBG funds on hand at the time of expiration. anc accounts receivable attributable to the use of CDBG funds. and any non- expendable personal property that was purchased with CDBG funds. Am' real property under SUBRECIPIENT control will be covered hr the regulations 24 CFR 570.503(B)(8). 2010 CDBG (CD 10-06) Immokalce CRA Joh Creation- Basinesc Incuhator Page 14 of 28 Packet Page -799- 7/26/2011 Item 10.F. X11. SEVERARILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shad] not affect the validity or enforceability of any other section or part thereof. XI11. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -eight (28) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties. covenants, or undertakings other than those expressly set forth herein. -- 2010 CDBG (CD 10-06) Immokalec CRA Job Creation- Business Incubator Wage I J of 2R Packet Page -800- 7/26/2011 Item 10.F. IN WITNESS WHEREOF. the Subrecipient and the Comity. have each. respectively, by an authorized person or agent. hereunder set their hands and seals on this _ day of !fit he-r— . 20�. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK. CLERK COLLIER..CQUNTY. FLORIDA 'rry r �'fSE�A�LL''f Firs��t�Wi�tness�' Type/print witness name Second Ritness tom- '2' jc- -c-,C� lar- Type /print witness name l B\: FRED M . COYL.E. CHAIRMAN Collier County Community Redevelopment Agent (CRA) Immokalee Bv: Subrecipient Signature Pennv`S. Phillippi. Executive Director Type print Subrecipient name and title Approved as to form and legal sufficiency: �I Colleen M. Greene assistant Counn AttorncN 2010 CDRG rCDI0 -06) hnmokal -C CRA .lob Creation - Business lnouhamr Pa2C 1 b OI 2-S Packet Page -801- 7/26/2011 Item 101. EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE JOB CREATION — BUSINESS INCUBATOR PROJECT A. PROJECT SCOPE: On April 27`1', 2010 the BCC approved the HUD Action Plan allocating funding for this initiative. Community Development Block Grant (CDBG) funding will be used for the start up and two year operational costs for the Immokalee Business Development Center (IBDC). This follows approval of the Interlocal Agreement for the Immokalee Business Development Center between Collier County Airport Authority and the Collier County Community Redevelopment Agency (CRA) at the BCC meeting on March 9. 2010. The IBDC is a joint project between the CRA and the Collier County Airport Authority Board (CCAA) to use existing buildings at the Immokalee Airport (IMM) b7 establishing a business development center. Funds will be used to pay 100% salary and benefits in accordance with BCC board policy for the manager of IBDC and an administrative assistant who are Collier County employees. Funds will also be used for normal start-up expenses in the following categories: office equipment and supplies. office operating expenses_ office furnishings, professional and marketing fees or expenses. Operational and maintenance and /or lease charges associated with vehicles for the director or administrative assistant will be covered. In the Action Plan for this program the intended outcome of this funding is to create a minimum of 5 low /moderate positions and the above noted funds are utilized to reach this goal. It is important to clarify the 5 positions are an outcome of the businesses occupying the IBDC. this funding is helping to establish. When the CRA establishes the firms. they will then hire people to work for them in various capacities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to improve economic opportunities for low income persons. 2010 CDBG WD 10-06) Immokalee CRA .lob Crearion- Business Incubator Page 17 of 28 Packet Page -802 - M C. D. 7/26/2011 Item 10.F. BUDGET Collier County Housing. Human and Veteran Services is providing Two Hundred and Twelve Thousand Dollars ($212.000.00) in CDBG funding for the project scope described above. Line Item Description CDBG Funds Start Up and Operation of Immokalee Business Development Center $ 212.000.00 TOTAL 5212,000.00 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. PRO.IECT WORK PLAN The following Project work Plan is in effect for program monitoring requirements only and as such, is not to be used as a payment schedule. Date Start Date End Work Plan 07/2(110 12/2010 Hire Administrative Assistant 0712010 03 201 ] Establish office functions 0712010 04/2011 i Hire Manager 07/2010 06!2012 Conduct Marketing .Activities 07(2010 1 06'2012 I Education -Nevy Business,1ritrepreneurs 07!201(1 ! 06/201' 1 Secure Tenants 12;2010 1 06'2012 Demonstrate creation of 5' jobs PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Pavment Schedule Start Up and Operation of lmmokalee I Ipon monthly invoicing of allowable Business I.)evelopment Center expenses up to $190.800 > LM1 Jobs filled Upon invoice ofallowable expenses and verification of', filled positions release final payment of up to K!.200 2010 CDBG (CD I (1 -061 Immokalec CRA Joh Creation- Husinees Incubato- Pate 18 of 28 Packet Page -803- EXHIBIT "A -l" CHANGE BY LETTER Sir- COLLIER COUNTY GOVERNMENT iuman and veteran hervtces Date Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: 7/26/2011 Item 101. User Name Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # By copy of this letter. the above referenced contract is being issued a zero dollar (50.00) 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 Count} is not relieving vour 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. F Additional Staffing Categories Professional Position(s) Hourly Rate(s) Draw against Allowance (specify allowance item and identifi, specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist. Purchasing Department Suzanne Boothb). Clerks Grants Department 2010 CDBG (CD10 -06) Immokalec C Rfs Job Creation- Business hicubala PaL)e 19 of 28 Packet Page -804- 7/26/2011 Item 10.F. EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier Count. c/o Housing. Human and Veteran Services Department. 3301 E. Tamiami Trail. Bidg T1 Suite 211. Naples, Florida :4112. Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440. Florida %/ tiles. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300.000 per occurrence for combined Bodily lujury 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 S,rAGF. (IF APPLICABLE) In addition to the insurance required in 1 — 3 above. a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legalh obligated to pay as damages from claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONS "FRUCHON PHASE (if APPLICABLL) In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction �. Completed Value Builders Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier Counts and the SUBRECIPIENT'. 6. Flood Insurance shall be provided foi those properties found to be within a flood hazard zone. in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. �)PF.lZA7lUL 1AQA�AGE,44 =T'T PH,4St (li - +I'P:JC :4BL:i 2010 CDW, (CDl0 -061 immokalec CRh Jnh Creation- BUSIDeSl Incuhator Page 20 of 28 Packet Page -805- 7/26/2011 Item 10.F. 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 Liabilit}° coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. S. Property Insurance coverage on an `All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. 2010 CDBG WD10 -06) Immoka)ec CRA Job Creation- Business Incubator Page 21 of 28 Packet Page -806- 7/26/2011 Item 10.F. EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS Enter additional requirements here, IF NONE EXIST, state "There are no additional grant requirements." 2010 CU136 (CD 10-06) Immokalee CRA .loh Creation- business Incubator Page 22 of 28 Packet Page -807- 7/26/2011 Item 10.F. EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -la Release and Affidavit Form D -2 CDBG Monthly Progress Report 2010 CDBG (CD 10 -06) Immokalee CRA Job Creation- Business Incubator Page 2: of 28 Packet Page -808- 7/26/2011 Item 10.F. SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: RFOUEST FOR PAYMENT Subrecipient Name: Collier Count\ Communitv Redevelopment Aeenev- lmmokalee (CRA) Subrecipient Address: 310 Alachua Street. Immokalee FL ,414' Project Name: Job Creation - Business Incubator Project Project No: CDl (1 -06 Payment Request 4 Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount .Awarded 2. Sum ofPast Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous unpaid Requests ?. Amount of Todav"s Request 6. Current Grant Balance (initial Grant Amount Awarded Less Sum of all requests) S S S S S S 212.000.00 1 certify that this request for payment has been drawn in accordance with the teens and conditions of the Agreement between the COUNTY and us. as the SUBRE.CIPIENT. i also certify that the amount of the Request for Payment is not in excess of current needs. Sianature Title Authorizing Grant Coordinator Supervisor Dept Director 2010 CURE (CUI 0-06) Immokalec CRA lob Creation- Business Incubator Date (approval authorin under 514.999) (approval required $15.000 and above) Pa-oc 24 of 28 Packet Page -809- 7/26/2011 Item 10.F. SCHEDULE "D -la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its subcontractors. material -men, successors and assigns, that all charges for labor, materials.. supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed. have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. SUBRECIPIFNT Witness: BY: Print name and title STATE OF COUNTY OF BY: ITS: DATE: President The foregoing instrument was acknowledged before me this — day of 2009, by , as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit. Corporation or Municipality . Fle /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) 2010 CDBG (CD10 -06) Immokalee CRA Job Creation- Business Incubator ('Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Page 25 of' 29 Packet Page -810- 7/26/2011 Item 105. SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete./orm.for past month and submit to Housing, Human Veteran Service's staff br the I ff, of the following month. Status Report for Month of Date: Project Name Economic Development .lob Creation - Business Incubator Project Project Number CD10- 06 Activitv Number 379 Subrecipient: Collier Count% Community Redevelopment Aeenev- ]mmokalee (CRAI Contact Person Penny S. Phillippi. Executive Director Telephone: 239 -252 -2310 Fax: _39 -252 -3970 E -mail: Penm Phi liiupiwCollieram.nci 1. Activity Status /Milestones (describe an} action taken. relating to this project. during the past month(: 2. What events /actions are scheduled for the next hvo 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 ICD10 -06) (mmokalee CRA Joh Creation - Business lncuhmm Pafle 26 of 28 Packet Page -811- 7/26/2011 Item 10.F. Name of Contractor or Subcontractor. Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) (31- i0 "0) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However. if one person received TWO services this counts as TWO SERVICE, UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or `,persons "). Enter the number of beneficiaries in the blank space and in Box 1. " INCOME Of the households or persons assisted. are extremely low- income income (0 -30%) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in Box °4 " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box]. This project assisted number in box ".i" below. BOX 1 Total Number of Households or Persons Assisted FEMALE HEAD OF HOUSEHOLD Female Head of Households REGARDLESS of income. Enter this BOX 2 BOX 3 I BOX 4 Extremely I Very Low Income Low Income 1,ow Income (51 -80 "o) (0 -3011,0 (31- i0 "0) -'° 2010 CDBG (CD 10-06) Immokalee CRA .lob Creation- Business Incubator Page 27 of 2b Packet Page -812- BOX 5 Female Head of Household 7/26/2011 Item 10.F. Subrecipient's must indicate total beneficiaries for Race AND EthnicitN Definitions of Race: White: A person having origins in any of the original peoples of Europe. the Middle East. or North Africa. Black or African - American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East. Southeast Asia. or the Indian subcontinent including. for example. Cambodia. China. India. Japan. Korea, Malaysia. Pakistan. the Philippine Islands. Thailand. and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples ol'North and South America (including Central America). and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii. Guam. Samoa. or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban. Mexican. Puerto Rican_ South or Central American. or other Spanish culture or origin. regardless of race. Tabulation Table of Race and Ethnicitc Beneficiaries 7— Race 1 # Total ; # Hispanic White --_ Black or African American Asian — — — American Indian or Alaskan Native I Native Hawaiian or Other Pacific Islander _ American Indian /Alaska Native and White Asian and White Black/African American and White American Indian, Alaskan Native and Black. African American Other Multi- Racial 2010 CDBG (CDIO -boi Immokalee CRA ioh Creation- Business Incubator Page '-S of 2�, Packet Page -813- 7/26/2011 Item 101. Amendment No. 1 to the Agreement Between Collier County and Collier County Community Redevelopment Agency (CRA) Immokalee Job Creation — Business Incubator Project Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 10 -UC -12 -0016 THIS AMENDMENT, dated , 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- 10 -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 stAkethroughs. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs. determined by COUNTY, in an amount not to exceed EIGHTY SIX TWO HUNDRED AND TWELVE THOUSAND DOLLARS AND NO CENTS (U. S. $86 212,000.00) for the services described in Exhibit "A." EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE JOB CREATION — BUSINESS INCUBATOR PROJECT Funds will be used to pay 100% salary, end benefits, and travel costs in accordance with BCC board policy for the manager of IBDC and an administrative assistant who are Collier County employees. Funds will also be used for normal start-up expenses in the following categories: office equipment and supplies, office operating expenses, office furnishings, professional and marketing fees or expenses. All travel costs associated with start up of the IBDC• mileage lodging meals etc. Operational and maintenance and/or lease charges associated with vehicles for the director or administrative assistant will be covered. * r : .ndment No. I CD10 -06 enmuniry Redevelopment Agency (CRA) Immokalee Job Creation — Business Incubator Project Page I Packet Page -814- 7/26/2011 Item 10. F. ! The Subrecipient agrees that this amends the original Agreement. All other terms and conditions of the Agreement shall remain in force. IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY have signed Amendment No. I to the Agreement as of the date fast written above. ATTEST: Dwight E. Brock, Clerk of Courts By: _ Deputy Clerk Dated: (SEAL) First Witness Type /print witness name Second Witness Type /print witness name Approved as to form and legal sufficiency: Jennifer B. White ^ Assistant County Attorney v Amendment No 1 CDt0.06 Community Redevelopment Agency (CtA) Immokalee Job Creation — Business Incubator Pmjeu Page 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: -- FRED W. COYLE, CHAIRMAN Collier County Community Redevelopment Agency (CRA) - Immokalee By Subrecipient Signature Jim Colctta. Chairman Type/print Subrecipient name and title Packet Page -815-