Agenda 10/25/2011 Item #16D 2Agenda Changes
Board of County Commissioners Meeting
October 25, 2011
MOVE ITEM 16D2 TO ITEM 10J: RECOMMENDATION TO APPROVE AND
AUTHORIZE THE CHAIRMAN TO SIGN SIX (6) SUBRECIPIENT
AGREEMENTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME)
PROJECTS PREVIOUSLY APPROVED FOR DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) FUNDING IN THE 2011 -2012 ACTION
PLAN APPROVED BY THE BOARD ON JULY 269 2011 (STAFF REQUEST
RELATED TO MOVING ITEM 16D4)
Continue Item 16A1 to the November 8 2011 BCC Meetin • Recommendation to award Bid #11 -5700 for
"Devonshire Boulevard Landscape & Irrigation Refurbishment Project" to Ameri -Pride Inc. in the amount
$267,214.37. Funded by residents of Radio Road Beautification MSTU (Staff request concerning the vendor)
Continue Item 1 O to the November 8 2011 BCC Meetin • Recommendation to approve an Underground Facilities
Conversion Agreement with Florida Power & Light Company for "Phase One" of the Vanderbilt Beach Municipal
Service Taxing Unit (MSTU') Utility Conversion Project stipulated by Florida Public Service Commission Tariff
Section 6 and approve payment of $1,806,091 to FPL cover construction cost for the underground utility conversion.
Move Item 16A11 to Item 1OG: Recommendation to approve and authorize the Chairman to sign an Amendment to
the Agreement for Fee Payment Assistance, between Collier County and Lucy Salon, Inc., providing repayment of
Fee Payment Assistance funds over a five -year period. (Commissioner Hiller's request)
Move Item 16B3 to Item 13115: Recommendation the Board of County Commissioners approve transfer of
administrative and management duties for the Immokalee Beautification Municipal Service Taxing Unit from
Growth Management staff to Immokalee Community Redevelopment Agency (CRA) staff effective October 1, 2011;
direct Budget Office to discontinue the annual transfer of funds from Immokalee Beautification MSTU (Fund 162)
to MSTD General Fund (Fund 111), and the Board of County Commissioners, acting as Community Redevelopment
Agency authorize creation of a Full Time Employee position (MSTU Project Manager) for FY12; authorize
Executive Director to advertise the position; hire a qualified applicant; and approve necessary budget amendment.
(Commissioner Henning's request)
Move Item 16D4 to Item 10H: Recommendation to acknowledge receipt of entitlement funds from U.S. Department
of Housing and Urban Development for FY 2011 -2012 and approve the associated budget amendments. Once
received, HHVS will bring the entitlement agreements and certifications to the BCC for signature. Funds include
$2,114,463 for the Community Development Block Grant (CDBG), $502,126 for the HOME Investment
Partnerships Program (HOME) and $94,611 for Emergency Shelter Grant (ESG). (Commissioner Hiller's request)
Move Item 16D5 to Item 10I: Recommendation that the Board of County Commissioners approve a one -time
exception to the State Housing Initiatives Partnership (SHIP) 2006 -2009 Local Housing Assistance Plan (LHAP)
policy establishing first -time homebuyers as one of the requirements for down payment and closing cost assistance.
Approval will address and correct monitoring concern for the SHIP Program. (Commissioner Hiller's request)
Move Item 16F1 to Item 1OF: Recommendation that the Board of County Commissioners review and approve the
proposed FY2011 -2012 Action Plan for Leo E. Ochs, Jr., County Manager. (Commissioner Hiller's request)
n
10252011 Item 16.D.2.
=Lft �
Reenmmendation to approve and authorke We Chabman 0 sip sk (6) SubrecWient
Agreements be tie Community Developmcat Bloch Grant (CDBG) and Home Invmtotev[
Parttmship Proposes (HOME) Projects previously approved for Deparmrett of DOnekg
and Urban Development (BUD) famdfug k the 2011 -2013 Action Pbm approved by We
Board July 26, 2A1l(Aemd ]Been
OBJECTIVE: Recommendation in aegrow and auWOrim the Chaisson, m age ak (6)
SubredPierrt Agreements for the Commuity Dewkrymen[ Blo& Grant (CDBG) and Home
Invesoaent Pmmership Pregame (HOME) Projects test were Previously approved for Deperturent
Of Housing and Udun Development (HUD) fending in the 2011 -2012 Action Plan.
CDNSmERATIONS: On July 26, 2011, the 6oaal of County Commissioners adopted
Resolution No. 2011 -136 appmviog a Five-Year HIM Consolidated Plan and One -Year HI1D
Action Plen(Agada hem NO 10 H). Agenda Hem NO 10 H ores fOrmaly Agenda Item No. 16
D14. Sbe aPpmvd Action Plan contains the descripom of each propmd grojuse, smomt of
funding for each project, and the SubmcipiW Agreemmd templme for each type of gem that
was included in the Action Plan submission.
The below Praises are on O Action Plan lid.. The Board apProvd sub recipimt agement
mnpkk has been aced. Approval of the submsipirn ageemam will allow Hmmag, Hlman
�. and Vmaan SerVICOS in admirdsler, implement, and reuniter the mojxb outlined is the Aramal
Action Plan. 'The remaining projems conmiad in the 2011 -2012 Actim Plan will be prmatd
mthe Board An mmidemtion m frtere meetings.
Subrcrlpk:o[
PMJMNw�
Faadin
Amouetd
Smrce
Fandin
1. GuedalnpeCmva arc.
Jab Creation Project
CDBG
$25,110
L Collier Comely Homing
Tames Bmd RentslAssiemice
HOME
530,00
Andunity
(TBM )-Pmjat
3. Collier Caumy Homing
AdmwStretimofH067E TBRA
CDBG
S"' o
Authority
project
0. Cm ®miry Rakeelopvnat
Immokelee CRA-fSmawalk
CDBG
$140,00
Agenry(l ) Innnowee
Project
5. Drvid Uwrdrce Caw
Amtiliary POwer/Emagercy
CDHU
$115,00
Back-Up Gemvor
6. Shelter fm Ahurm Women @
Enwrp Y Shelves GPuntinp
FSG
$94,fi11"
Clmdren
&AtlmWmatim
mere amen = eau trams m Wa cwt me titl¢reot ft ne whit was estimmd in the Action
Plm and (toll fending will he provided by HI1D in two installment: the $%,611 is the amour¢
^ daliceudmthe Hovoeleea Shelter.
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10/25/2011 Item 16.D.2.
FISCAL IMPACT: Approval of these subreci lent a
0 s am avail will have no additional effect
on ad 1705) valorem f or general Pond dollars. ent grant tunas am available within the Housing Grants
Pond Partnership for ram (HO Community Development Block ncy Grant S (CDBG - 3ESG -Home Investment
Partnership Program (HOME -331 JJ), and Emergency Shelter Grant (ESG - 331 79) Projects W
cover these expenses,
GROWTH MANAGEMENT IMPACT: Implementation of these sobrecipient grant
agreements will further the Soak, objectives and policies of the County's Growth Management
Plan.
LEGAL CONSIDERATIONS This item is legally sufficient and requires a m prime vote. -
1BW
RECOMMENDATION Approve and authenu me Chairman to sign six (6) Subreclpient
Agreements for CDBG and HOME projects previously approved for HOD funding in the 2011-
2012 Action Plan,
Propardi Rosa Munoz, Grans Coordinator
Housing, Human and Veteran Services Department
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10/2512011 Item 16.D.2.
COLLIER COUNTY
Board of county Cnmmisaioners
Item Number: 16.D.2.
Item Summary : Recommendation to approve and authorize the Chairman to sign six (6)
Subredpient Agreements for the Community Development Block Grant (COBG) and Home
Investment Partnership Program (HOME) projects previously approved for Department of
Housing and Urban Development (HUD) funding in the 2011 -2012 Action Plan approved by the
Board on July 26, 2011 (Agenda Item Number 10H).
Melling Dale: 10/25/2011
Prepared By
Name MunozRosa
Title: Gams CoordinamgHOusing Human & Veteran Senores
929¢0114:55.56 PM
Submitted by
Tide: Grunts CoommatocHousing, Human & Veteran Scrr ices
Name: MmozRaN
9/29/20114:55:5] PM
Approved By
Name: NelsonTOna
Tide: Administrame Assistant, Senlor,Parks & Recreation
Dale 10/10/3011 9,36:1 ] AM
Tame. AckermanMada
Dale'. 10/10/2011 123246 PM
Name: GranWmberley
Title: Interim Director, HHVS
Date. 0/120011 5 41:34 PM
Name: CastormaMargo
Doc 10113/2011 1005:59 AM
Packet Page 1791
Name: FoordMarlme
Title: Grant Development & Mine Coordinator, Grants
Des, 10/1312011 11:03:02 AM
Name: Ramseyelarla
Title: Administrator, Pablic Services
Date'. 10/13/2011123910 PM
Name: WhiteoennlRr
Title: Assistant County Atmmey,County Attorney
Dale. 10/14/2011 3,12 05 PM
Name; KlaltkowleR
Title: County Attorney,
Dale: 10/14/2011 334 N PM
Name: SamlevTherese
Title Management/Budget Analyst, SeniogOffiee of Management & Budget
Date, 10/19/2011 9:4217 AM
Name: PDyrChe l
Tide: Management/ Budget Analyst Senim O yce ofManagemem & Budget
Date, 10/18/2011 11:12:41 AM
Name Klalakowleff
Tide County Atlomey,
Date' INIB/201I 14414PM
Name: Ochal.eo
Title: County Manager
Date 10/182011 3 03'.29 PM
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10/25/2011 Item 16.D.2.
10125/2011 Item 16.D.2.
AGREEMENT BETWEEN COLLIER COUNTY
AND
GUADALUPE CENTER, INC.
JOB CREATION PROGRAM
Catalog of Federal Domestic Assistance d 14.218
HUD Grant # B -1 UUC -12 -0016
THIS AGREEMENT is made and around into by and between Collier County, a political
subdivision of the Stare of Florida, ( "COUNTY'), and the 'Guadalupe Center, Inn" a non- secradan
private not - for -profit corporation existing under the laws of the State of Florida, having its principal
office at 509 Hope Circle, Immsiddi e, FL 34142, and its Federal Tax Identification number as 59-
261 7151& DUNS p 783946084, ( "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 Collin County, pursuant to Title I
of the Housing and Community Development Act of 1994 (as amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undettaking certain activities to
primarily benefit low and moderate income persons and neighborhoods and to alternatively use
Community Development Block Grant (CDBG) funds for. alum 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 aeighborhood/eommunity ^
improvements; to improve the condition of life for persons who require physical access or other
services that meet their individual needs; and to provide for long range community improvements by
assessing current conditions and planning long rutge improvement programs as des bed in the
Consolidated Plan submission, and
WHEREAS, the Board of County Commissioners of Collier County approved the Fiscal Year
2011 to Fiscal Year 2016 Collier County five Year Consolidated Plan and One -Year Action Plan
for Federal Fiscal Year 2011 -2012 for the CDBG Program with Resolution 2011 -136 on July 26, 2011 -
Agenda Item I OH; and
WHEREAS, Resolution 08-121 was developed following the Colder County Consolidated
Plan— Citizrn Participation Plan, adopted on January 9, 2001 with Resolution 01 02; and
WHEREAS, HUD has approved the CourrCs Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2011 -2012 for the CDBG Program and the use of the CDBG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in Exhibit "A" ofthis Agreement, in accord with the approved Consolidated Plau; and
WHEREAS, the COUNTY desires to engage the SGBRECIPIENT to implement such
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10/25/2011 Item 16.D.2.
undertakings of the CDBG Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by fire Parties as follows:
1. DEFINITIONS
(A) "COUNTY" means Collier County, and when applicable, it's authorized
represeeativedy)
(B) " CDBG" means the Community Development Block Grant Program.
(C) HHVS" means Collier County Department of Housing Human and Veteran Services.
(D) "HHVS 'a Approval' means the written approval of the Department of Housing, Human
and Veteran Services or designee.
(E) " SUBRECIPIENT" means Guadalupe Center, Inc.
(F) "HUD" means the U.S. Department of Housing and Urban Decampment or a person
authorized to act on its behalf
(G) "law and moderate income persons" means the definition set by HUD.
(H) "Project" meanstheworkmbeperfonnedassmfor Chin Exhibit "A"
IL SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
111. TI.MEOFPERFORMANCE
The effective date of the Agreement between the Guadalupe Center, Inc. and Collier County
shall he October 25, 2011. The services of the SUBRECIPIENT shall be undertaken and completed in
light of the purposes of this Agreement All services required hereunder shall be completed by the
SUBRECIPIENT prior to October 25, 2012. Any funds not obligated by the expiration date of this
Agreement shall automatically revert to the COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed TWENTY FIVE THOUSAND AND
OOII00 DOLLARS (U.S. $25,000) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT anploy"s,
or shall be put out to competitive bidding under a procedure acceptable to the COUNTY end Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
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10/25/2011 Item 16.D.2.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but, not more frequently than once per month. Payment will be made
upon receipt of a proper invoice and in compliance with § 218.90, Fla Shoe, 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 3334 E Tamiami Trail, Suite 211, Naples, Florida 34112, and
to the SUBRECPIENT when delivered to its offiCC at the address listed on page one (1) Of this
Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHV S' Policies and
Procedures memoranda.
Should a project receive additional binding 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 cevi6es 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, met 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 ounned 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 govemments, including, but not limited m.
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (CLAD) funds,
2. 24 CFR 58 The regulatons pn ec Bing the Environmental Review procedure.
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Page 3 of 28
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10/25/2011 Item 16.D.2.
3. 'Title VT of the 1964 Civil Rights Act, 42 USC §20004, at. seq-
4, 24 CFR 107 - The regulations issued pursuant m Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
S. Executive Order 11246 ( "Equal Employment Opportunity"), as amended by Executive
Orders 11395 and 12066 - which establishes hiring goals for minorities and women no
projects assisted with federal funds.
(. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1992, 42 USC § 2000e, et. seq.
Z 24 CPR 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(6)(5).
11. Uniform Releasing Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Pans 3 and 5 - Regulations which prescribe the payment of prevailing wages
and the use of apprentices and trainee on federally assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts
fimded by CDBC. (See 42 USC 276a and 24 CUR 135A 1(c)),
13- Executive Order 11914 - Prohibits discrimination with respect to me handicapped in
federally assisted projects
14. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79 -45 - which press be goal percentages for participation of minority
businesses in Community Development Block Grant Contacts.
15. Public taw 100- 430 - the Fair Housing Amendments Act of 1988.
16. ONB Circular A -133 - concerning annual audits.
17. OMB Circular A -122- which identifies cost pnneiples.
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10/25/2011 Item 16D.2.
18. 24 CPR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non Profit Organizations
19, 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State
and Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, at seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply wish me laws
referenced herein shall constitute a breach of this agreement, and me County shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Flo, do 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 employer, as set forth in Chapter 112, Part BI, Florida Statutes,
Collier County Ethics Ordinance No, 2004 -05, as wass ded, and County Administrative
Procedure 5311,
23. Order of Precedence- In the event of any conflict behsam or among the arms of any of
the Contract Documents, the terra 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 fire Supplemental
Conditions, if any, or the Agreement, the conflict shall be rcmlved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
24. Veins - Any suit or action brought by either party to this Agreement against the otter
party relating to or arising oat of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which ceotts have sole and exclusive
jurisdiction on all such anyone
25. Dispute Resolution- Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the patties, 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 anthonty and by
COUNTY S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of SUBRECIPIENT with full decision - making
authority and by COUNTY'S staff person who would make the presentation of any
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10/25/2011 Item 16.D.2.
settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under § 44.102, Fla. Stet
26, The DEVELOPER/SPONSOR shall comply with Section 3 of the Housing and
Community Development AU of 1968, as amended, 12 U.S.C. 190lu (section 3).
Section 3 of me HUD Act of 1968 requires, to the greatest extent feasible, that
re cipients of HUD Ponds (and their contractors and subcontractors) provide jobs and
other commie opportunities to low- income persons, particularly public housing
eadenta. Section 3 helps create employment for low -income persons and provides
contracting opportunities for businesses that are owned by low- income people or that
provide employment to low- income people. Contract administration shall be handled
by the DEVELOPER/SPONSOR and monitored by the COUNTY, which shall have
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be sufferer 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 HHV S for its review and approval, which will specifically include a dnermination
of compliance with the terms ofthe smelled Scope of Services set forth in Exhibit A."
This review also includes ensuring that all consultant contracts and fee schedules meat the
minimum standards as established by the Collier County Purchasing Department, Florida Statutes and
HUD. Reimbursements for such services will be made at SUBRECPIENT cost. None of the work or
rvmes 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 written approval of the
HHV S or its designee.
H. AMENDMENTS
This Agreement, and any exhibit or ataclnnernt, may be amended only by written agreement
ced ed by the governing boards of both parties, except that County representmive(s) may approve
adjustments between line item amounts, scope clarifications, or an extension of time and schedule that
do not change the project, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
E INDEYINIFICAT1ON
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and
hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and pamlemis fees, to the extent
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10/25/2011 Item 16.D,2.
caused by the negligence, recklesmess, or intentionally wrongful combat of the SUBRECIPIENT or
anyone emploved or utilized by the SUBRECIPIENT in the performance of this Agreement. This
indemnification obligation shall not be coretr ted to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an inderrwfied party or person described in this
padxmgmh. This section does not pertain to any incident arising from the sole negligence of Collier
County. The foregoing indemfufication shall not constitute a waiver of sovereign Immunity beyond the
limits set forth in Section 96828, Florida Smnnee.
G. GRANTEE RECOGNITION
All facilities purchased or coaatructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a
good faith effort to reoognne HHVS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for
projects funded by HHVS. This design concept is intended to disseminate key information regarding
the development team as well as Equal Housing Opportunity to the general public The construction
sign shall comply with applicable County codes.
H. TERMINATION
In event of termination for any of me reasons identified in sub sections 1 -3 as follows, all
finished or unfifushed documems, 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 me 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.
If through any cause either party shall fail to fulfill in timely and proper manter 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 effttfive
date oftennlnation. (See24CFR8643)
2. TERMINATION FOR CONVENIENCE
At any time during the teem of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon tire (10) working days written notice to the other party. Upon
lamination, the COUNTY shall pay me SUBRECIPIENT for services rendered pursuant to this
Agreement through and including the date of termination. (See 24 CUR 85.44 -)
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10/25/2011 Item 16.D.2.
3. TERMINATION DUE TO CESSATION
N the event the grant to me COUNTY under Title 1 of fie Housing and Community
Development Act of 1974 (as amended) Is suspended or terminated, this Agreement shall be suspended
or eminated effective on the date that HUD specifies.
I. INSURANCE
SUBRECRIENT 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 form in EM bit
"B'to this Agreement.
I. SUBRECREENT LIABILITY OBLIGATION
Compliance with the th
insurance requirements in Exhibit "e" shall not relieve e
SGBRECIPIENT of its liability and obligation under this substation or under any subsection of this
contract. That contract is contingent upon receipt of the insurance documents within fifteen (15)
calendar data after the Boom of County Commissioners' approval. If the Insurance certificate is
received within the specified period, but not in the manner prescribed in these requirements, the
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five ill
calendar days to submit a compared Certificate to the Comfy.
If the SUBRECIPIENT fails to submit the d insurance documents in the manner
quil
pre bed in Nest approval. SUBRECIPIENT within twenty (20) in default of after the Board io County
Commissioners' epProval, fM1e SL'BRECIPIENT shell be in default oP the terms and conditions of the
contract,
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its
employed are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A-110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other
Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required
therein, ounce adequate imemal controls, and maintain necessary source documentation for all costs
incurred
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10/25/2011 Item 16.x.2.
B. DOCUMENTATION AND RECORDKEP,PING
1. The SUBRECIPIENT shall maintain all records required by CDBG.
2. All reports, plans, surveys, infrmnation, 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 me COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Upon completion of all work
contemplated order this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHVS if requested. In any event me
SUBRECIPIENT shall keep all documents and records for six (6) years after expiration
of Ibis Agreement.
3. The SUBRECIPIENT shall submit mports as required to assist the COUNTY in the
HUD Se HUD
ction 3reports, pursuant Relations,
24 CFR570 02, 509, and 92 CUv), p oyment, and
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 fulfllmmt of their obligations regarding the Project.
'Me progress reports shall he submitted on the form Exhibit D. Schedule "D -2."
51 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 c s- referen ing. 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 dust
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.
t. 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 arc eligible under
HUD Income Guidelines.
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2011 CnnC(CIM1 OvIrlimi
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Page 9 of 28
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10/25/2011 Item 16.D.2.
9. The SUBI ECIPIENT further agrees that HHVS shall be the final whiter on the
SUBRECH IENT's compliance with the above.
C. REPORTS AUDITS ANDEVALU TIONS
Reimbursement will be contingent on the timdy receipt of complete and accurate reports
required by Us Agreement, and on the resolution of monitoring or audit findings identified pursuant to
this Agreement.
The SUBRECPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required
by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING HUMAN AND VETERAN SERVICES COUNTY AND
HUD REQUIREMENTS
The SUBRECIPIENT agrees t0 utilize funds available under this Agreement to supplement
rather than supplant Ponds otherwise available for specified activi ties.
E. WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement,
(2) All capital equipment espevdiNres of S 1,000 or more;
(3) All out- of-town travel (travel shall be reimbursed in accordance with Chapter
112, Fla. Slat. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of tins agreement
for programs described in Exhibit 'A ", and
(6) All rates of pay and pay increases paid out of CDBG Ends, whether for merit or
cost of living.
F. PURCHASNG
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a wrinen contract and in conformity with the procedures prescribed by the Federal
Managemwt Circulars A -110, A -122, 24 CFR Part 84, and 24 CPR Pan 85.
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2011 CDnG (CD;1 04) req'ar
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Page 10 of 28
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10/25/2011 Item 16.0.2.
O. AUDITS AND INSPECTIONS
1. Non -profit organizations that expend 8500,000 or more atmually in federal
wards shall have a single or program specific audit conducted for that year in
accordance with OMB A -133. Non -profit organizations expending federal
wards of 8500,000 or more under only one federal program may elect to have a
program specific audit performed in accordance with OMB A -133.
1 Noo-profit organizations that expend less than 8500,000 annually in federal
wards shall be exempt Rom an audit conducted in accordance with ONE A-
133, although their records must be available for review (e.g., inspaturry
evaluations). These agencies are required by HHVS to submit "Reduced Scope'
audits (e.g_ financial audit, performance audits). They may choose, instead of a
Reduced Scope Audit, to have a program audit conducted for each federal award
in accordance with federal laws and regulations governing the program in which
they participate.
a. When the requirements of OMB A -133 apply, or when the SUBRECIPIENT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by
the SUBRECIPIENT. li copy of the audit re must be received by HHVS no
teraror than six months following the end of me SU SURRECIPIENT's fiscal year.
4. If an audit is required by Satien O of this contract, but the requirements of
OMB A -133 do not apply or are not elated, the SUBRECIPIENT may choose
to base an audit performed either on the basis of the SUBRECIPIENT's fiscal
year or on the basis of the period during which HHVS -frdeml 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.
S. The SUBRECIPIENT shall maintain all contract surds in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and property 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
die Tecordkeeping and audit requirements detailed in this contract
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EwnomSOe elopmmWOb Carmen Artistry
Page 11 of 28
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10/25/2011 Item 16.D.2.
H. PROGRAM- GENERATED INCOME
All income earned by the SUBRECRIENT fie, activities finanocal in whole or in part by
funds provided hereunder must be reported m HHVS. Such income would include, but not be limited
to, income from service fees, said of commodities, and rental or usage fees. The SUBUC21ENT
shall report its plan to utilize such income to HHVS, and said plan shall require the written approval of
HHVS or its designee. Accounting and disbursement of such income shall comply with OMB Circular
A -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations
incorporated herein by reference.
Program Income, as defined by 26 CFR 590.500(a), may be retained by the COUNTY.
Program Income shall be utilized to undertake activities specified in Exhibit "A' of this Agreement,
and all provisions of this Agreement shall apply to stated activities. Any Program Income received by
the SUBRECIPIENT or its sub - contractors shall be Diamond to the COUNTY unless the
SUBRECRIENT requests and is authorized by HHVS to utilize uncommitted hands
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the Demo of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of =cards.
VIII. OTHER PROGRAM REOLIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECRIENT agrees that no person shall be exoluded from the benefits of, or be
subjected to, discrimination under my activity carried out by the performance of this Agreement on the
basis of raw, color, disability, national origin, religion, age, familial stems, 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 raiding in me project areas shall be
warded contracts in connection with the p ject. The SUBRECRIENT 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, concoction, or acreo es, the SLBRECIPIENT sbali
make a positive effort to utilize small business and minonty /womerrvowned business enterprises of
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Page 12 of 28
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10/25/2011 Item 16.D.2.
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 mornitylwomen owned business enterprises shall be located in or owned by residents of
the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty om pecent (51 %) of the beneficiaries of a p sect funded through this Agreement
mustbelow- andmoderate income persons If the project is located in an entitlement city, asdefined
by HUD, or series beneficiaries countywide, more than thirty percent (30%) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or its
municipalities moderating in the County's Urban County Qualification Program. The project shall
assist beneficiaries as defined above for the time period designated in Exhibit 'A' ofthis Agreement.
D. CONFLICT OF INTEREST
The SUBRECIPIENT co Hants that no person who presently ex any [opinions or
responsibilities in conaectiou with the Project, has any personal financial interest, direct or inducer, in
me target areas or any parcels therein, which would conflict in any manner or degree with the
performance of this Agreement and that no person having any conflict of interest shall be employed by
or subcontracted by the SUBRECIPIENT. Any possible conflict of invest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this
pamgraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement That maximum opportunity be provided for employment of and participation of low and
moderate income residents of the project must area
E- PUBLIC ENTITY CRIMES
As provided in § 287.133, Fla Star by entering into this Agreement or performing any work in
furtherance heaof, 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 hemof This notice is required by § 287.133 (3)(a), Fla Slat.
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 (61 USC 701),
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, than
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Page 13 of 28
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10/25/2011 Item 16.D.2.
L No Federal appropriated funds have been paid or will be
paid, by orce behalf of the
undersigned, to any person for influencing or attempting r influence an ogress, or
an employee any agency, a ofCon Member es Congress,, an Officer ith or employee of any Fade or
employee of a Member of Congress grain m connection an with the awarding of any Federal
contract, of an making of any Federal grant, add making of any, coati loan, to emoing
into amendment, any wopamlve agreement, end the tract, gra , ]atin, or c r coal,
ement, or modification of any Federal contrast, 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 atrempting 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 wit this Federal contract, grant, loan, o
cooperative agreement, the undersigned shall complete and submit Standard Forms-ILL,
"Disclosure Form to Report Lobbying," in accoMance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
ward documents for all sub -awards at all tiers (including subcontrams, sub - grants
contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly
H. REALPROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated harem, and approved by the COUNTY in accordance with Ne Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of CDBO including, but not limited to, the provisions on use and disposition of property.
Any real property within the SUBRECIPIENT control, which is acquired or improved in whole orpart
with CDBO funds in excess of $25,000, must adhere to the CDBO Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirementsu
1. Clean Air Act, 41 USC 7401, el seq.
2 Federal Water Pollution Control Act, 33 USC 1251, ed Obi, as amended.
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the SUBRECIPIENT shall assure tat for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under Ne National Flood Commove Program is obtained
and maintained. If appropriates, a letter of map amendment (LOMA) may be obtained from FEMA,
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10/262011 Item 16.D.2.
which would satisfy this requirement option reduce the cost of said Rood insurance.
C, LEAD BASED PAINT
The SCBRECIPIENT agrees that any construction or rehabilitation of residential structures
with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning
Prevention Act found at 24 CFR 590,608.
D. HISTORIC PRESERVATION
The SCBRECH ENT 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 500, Advisory Council on Historic Preservation Procedures for Protection of Historical
Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG fonds may not be used for religious activities or provided to primarily religious
organizations. Section bl CFR 5] 02000) specifies the limitations on CDBO funds.
XI. REVERSION OR ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any �..�
CDBG funds on hand at the time of expiration, any accounts receivable mmbuddle to the use of
CDBG funds, and any Don expendable personal property that was purchased with CDBG funds. Any
real property under SUBR6CIPIENT control will be covered by the regulations 24 CFR
570.503(B)(8).
XH. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
SHE COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-seem (27) enumerated pages, which include the exhibits
referenced herein, shall be expected 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 wore understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set form herein.
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10/25/2011 Item 15.D.2.
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10/2512011 Item 16.D.2.
EXHIBIT "A'
SCOPE OF SERVICES
GU.ADALUPE CENTER, INC.
Economic Development-Job Creation Activity
A. PROJECT SCOPE
On July 26, 2011, doe BCC approved the HUD Action Plan allocating funding to hire an
administrative staff position to its development office due to the expansion of its programs.
In the Action Plan for this program the intended outcome of this funding is to provide an
economic opportunity by the creation of a permanent new staff position. The Guadalupe
Center s goal is to hire an Immokalee resident who is low to moderate income or unemployed.
Guadalupe will hire a new, permanent, full -time development assistant, who will help the
development department raise necessary funds to operate programs on a year -round basis and
will perform functions in an administrative assistant capacity. The new person will receive
training in administration, fundraising snRw are, development procedures, budgeting, all micro
soft office software and training on all office equipment. This grant will pay for salary and
benefits for one permanent full -time Development Assistant Admiminafive Assistant st," 100 %.
The Guadalupe Center will retain a development assktion admin assistant position for a period
of two years after the completion of the comtrart requirements.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective through this Economic Development Opportunity.
The SUBRECIPIENT will be responsible for the following.
The creation and maintenance of the income eligibility file on the new position, and
documentation that the person /household is eligible under HUD Income Guidelines.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing Twenty -Pion Thousand
Dollars and 00 /100 fS25 000.001 in CDBG finding for the project scope described above
Line Item Description CDBG Funds
Salary & Benefits
Development Assistant/Adminimmtive
Assistant @ l00% $25,000.00
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Page 17 of 28
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10/25/2011 Item 16.D.2.
TOTAL
szs,000.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administratice Procedures in effect at the time such modifications are authorized.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended a be used as a payment schedule.
Date
Date Work Plan
11
012012
Recruit
11
032012
Hire one full time development assistant
11
06'2012
Interim evaluation at 90 days alter selection
11
102012
Completion IOob Creation Pry act
12
102014
Retention Period Ends
D. PAYMENT SCHEDULE
^ The following table details the project deliverables and payment schedule.
Deliverable Pa ment Schedule
Pnploymem of one Upon monthly invoicing ofallowable expenses
permanent fill -time position
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Page 18 of 28
Packet Page IBM
1025/2011 Item 16.D.2.
EXHIBIT ^A -1°
CHANGE BY LETTER
COLLIER C005TY GOVERNMENT
C 11' C Houser Iluma and Venerun Services IEer Nome
Publir Services Dir ion Atldren
NYPLES, FLORIDA Zip code
PHONE: Ncyr) Phone p
Date FAX (2J9) Fax 0
Contact ame
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract Nand Title of Cataract
Project it
PumaxwOri
Dear Comae Name
Eywpy of Try loom, the above rebalanced coalition rs bangisuued a can dollar (SO .00) change as lndeatW below'.
F The above rcfucueed common time is hereby extended by Numbrr of days wlmde, days. The new completion data
shelf be on or before month mod date, Yell
Do cnending this contract, the County Is art rd'eafng your firm of its chromium to perform work In a umdy and
ensfaemry mmmer or any wose9oences it ahm, from falling to do se- Cohn Ommor hereby reserves all legal rights,
notable, but not limited far right' to lateral, suspend or elect any other aPprookte coarse(,) of action should
circumstances winner with regard to the m! W contact
r
Additional slWYng Gleeor s em[cssmntil eusnion(') xwrly Rally)
r Draw enact, Allowaree(spmH 111013, Item and idadfy specific nuns and gnantrrz)
r other Scope chmoctians as lMmnficdm Schedule 31, Cisficallonsln Capo, bliachno
Sincerely
Yourm
Title
m. Conti act She, Va Name Contract Share IV, Purchasing likonmem
Surame, Coombs, Clerk's Films Depavnmt
1011 Clpeeeonr
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Page 19 of 29
Packet Page -1801-
10/25/2011 Item 16.D.2.
EXHIBIT 'B"
INSURANCE REQUIREMENTS
The SUBRECBPENT shall fumish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tomiamy Trail, Bldg H Suite 211, Naples, Florida 34112, Cestitieate(s)
of Insurance evidencing insurance coverage that meets the requirements as outlined below:
L Workers'Compeneation as required by Chapter 44(h Florida Science
2. Public Liability Insurance on a comprehensive basis in an amount no less than 5300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to Jus coverage.
3. Automobile Liability Insurance covering aft owned, non-owned and lured vehicles used
in connection with this contract in an amount not less than 5300,000 per occurrence for combined
Bodily Injury and Property Damages
DESIGN STAGE(IF APPLICAELE)
In addition to the Incomes required in I —3 above, a Carifica d 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
oce sum and/o
providing for all s which the SUBRECIPIENT r the design professional shall
become legally obligated to pay as damages fro claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is
Issued.
CON9P CION PHASE (IF APPLICAEL6)
In addition to the insurance required in I — 4 above, the SUBRECIPIINT shall provide or
cause its Subcontractors b provide original policies indicating the following types of insurance
coverage prior In any construction:
5. Completed Value Builder's Risk Insurance on an 'All Risk" basis in an amount not less
than one Imndred (100 %) percent of the insurable value of the buildings) or strucmre(s). The policy
shall be in the time of Collier County and the SUBRECPIENT.
6. Flood insurance shall be provided for those properties found to be within a Flood haysrd
zona, in an amount not Icas than the full replace values of the completed swcmre(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 foss Payee AT.IMA. This policy will be provided
as such time that he buildings' wells and roof exist.
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Page 20 of 28
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10/25/2011 Item 16.0.2.
OPERATION /MANAGEMENT PxASe (IF UVI- ICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must
he kept in farce throughout the duration of me loan and/or Contract
]. Public Liability coverage in an amount not less than 81,000,000 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 covemae 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.1M A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the struchunds) or the maximum amount of coverage available
through the National Flood Insurance Program (NFIP). The policy must show Collier County as a
Liss Payee AT LIMA.
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Page 21 of 28
Packet Page -1803-
n
10/25/2011 Item 16.D.2.
ExxTelr °c^
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
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Page 22 of 28
Packet Page -18W-
10/25/2011 Item 16.D.2.
EXHIBIT "D^
REQUIRED SUBMITTALS
D -1
Request for Payment
D -la
Release and ARdavit Form
D -2
CDBG Monthly Progress Report
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Page 23 of28
Packet Page -1805
10/25/2011 Item 16.D.2.
SCHEDULE "D -1^
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERV)CES
REQUEST FOR PAYMENT
SECTION I- REQUEST FOR PAYMENT
Subreepient Name: Guadalupe Center, I
Subrecipimt Address, 509 Hope Circle. linorkalec, FL 34142
Pmject Name. Economic Development-inth C Program
P jmtNO: CD1104 Payment Request
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims paid on this ACCO00I $ 25,000
S
3, Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account g
4. Amount ofPrcvtons Unpaid Requests
5
5. Amount of Today's Request
fi- Current GnNBalau(initial Grant Amount Awarded
Less Sum of all requests)
$
I country that this request for palmrent has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that
the amount of the Request for Payment is not in excess of current needs.
Signature
Authorizing Grant Coordinator
cupervtsor (approval authority under $14,999)
Dept Director. (approval required $15,000 and above)
oec (CDT] 44) P,q =r
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Page 24 of28
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10/25/2011 Item 16.D.2.
SCHEDULE"D-la°
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subeoutracrnm, material man, successors and
signs, that all charges for labor, materials, supplies, lands, Iterates and other expenses for which
COUNTY might be sued or for wbch u 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'a (monthly /final)
Request for Payment.
SUBRECIPIENT
Witness: BY:
DATE:
Printnan,
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009, by as of
A throw Nm- Por-Profit. or Corporation mMunicipality on beralfof
Choose Not- For -Profit, Corporation or Muniolpahty . Fle'she is personally known to me OR has
moduced as identification and who did (did cop take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public State of.
Commission No.:
coveeluw Tow, l\
2011 CDBO t (Dnra/ Pvgo
Emuoma Dcmr^ ItJb Covoon Aa.Niy
Page 25 of 28
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1 012 512 01 1 Item 16.D.2.
n
SCHEDULE "D -2"
CDRC MONTHLY PROGRESS REPORT
Complete form for past month and sabmh to Housing, Human and Veteran Seraice's st ffby
the lU" fthefollowing month.
Status Regain for Month
Project Name Ecov m'a Deve -J b Pr
Project Number CDII -04 Activity Number XXX
SubrwipienC Guadalupe Center Inc
Contact Person Lisa Morse Vice President f Development Jennifer
Telephone: 239- 659- 7120or239-658 -1999 Fax 239-657-7712
E -mail: Imome'nuuadalpoe center . or IW dalmeccnen net
I. Activity StatuWMilestones(describe any action taken, relating to this project, during
the pant morl
2. what events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to The outcome measures listed on the application
for this project.
5. Identify any potential issues that may cause delay.
New contracts executed this month (if applicable):
Name of Contractor or
Amount of
Contractor
Race
Ethnicity
Sake Address Phone
Contract
Federal lD
becdefinitions
(seedefinitions
ec Cour
201 E ma6(C ]IauPr %p
EwnomuO ,a'Pmm4/La Cruaun Am'a,
Page 26 of 28
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10/252011 Item 16.D.2.
Number Number on following on following
page) page)
For projects that serve a particular clientele, please complete the following information by
entering the appropriate numbs in the blank spaces and in the ehact 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
smites this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either
"households" or"personsr). Enter the number ofben hctaries in the blank space and in Box I
INCOME
Of the households or persons assisted, arc 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, very low-income (31 -50 %or me eurmn0 ^
Median Family Income (MFI). Enter this number in Box "3.'
Of Nose households or persons assisted, are low -income(51-80%ofthecurcent Median
Family Income, (MIT). Enter ons number in Box "4'
NOTE: The total of Boxes 2,3 and 4 should equalth s number in Box].
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income Eirtcothis
umber in box "5 "be ou
came 1p,ro e,
2011 Crop flul1 0) Posen
harbor; DeMopmmHob Gonoo Aamiry
Page 27 of 28
Packer Page -1809-
BOX
BOX
BOX
BOX
BOX
Total Number of
Extremely
Very
Low prepare
Female Head of
Households or
Low Income
e
Low Income
51 -80%
Household
Persons Assisted
(0.30 %)
(31 -50 %
came 1p,ro e,
2011 Crop flul1 0) Posen
harbor; DeMopmmHob Gonoo Aamiry
Page 27 of 28
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10125/2011 Item 16.D.2.
Subrecinienfa must indicate total beneficiaries for Race ANDEM1
Definitions of Race:
While: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa
Black or A&icm.Amuican: A person having origins In any of the black racial groups of Africa.
Asian: A person having onions in any of the original peoples of the For 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 off ortM1
and South America (including Central America), and who maintains tribal affiliation or oommunity
attachment.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people or
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispame orLatino'. 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 Ethnicits Berieffidaries
ace
p Total
# Hispanic
White
African American
� Indian or Native
awaiian or ONu Pacific Islander
Other
K�meanmd
American IWmNAlaska Native and White
Asian White
Gwv American and White
n IndiaNAlaskan Native and Black/African American
alti- Racial
TOTAL:
umdaoPa ca m,
2011 conc(COl I or) Pryc,
Page 28 of 28
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10/2512011 Item 16.D.2.
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY, INC.
TENANT BASED RENTAL ASSISTANCE ([BRA) PROJECT
Catalog of Federal Domestic Assistance S 14,239
HUD Grant k M- 1I -UC -12 -0017
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, hereinafter mfened to as "COUNTY', and "Collier County
Housing Authority, Inc. a special independent district of the State of Florida, created in accordance
with marble Statute Section 421.27 et seq," a private not- far -profit corporation existing under me
laws of the State of Florida, having its principal office at 1800 Fmmworker Way, Immokalee,
Florida 34142 and with offices at 5251 Golden Gate Parkway, Naples, FL 34116, and its Federal
Tax Identification number as 59- 1490555 & DONS X 040977514, C`SUBRECTIENT ").
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD) as
provided by the Cranston- Gofaalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioner' of Collier County approved the Fiscal
Year 2011 to Fiscal Year 2016 Collier County Five -Year Consolidated Plan and One -Year
Action Plan for Federal Fiscal Year 2011 -2012 for the CLEO Program with Resolution 2011 -136
on July 26, 2011 -Agenda Item JOB, and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2011 -2012 for the HOME Program and the use of the HOME funds for the
activities identified is the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities
specified in this Agreement, in accord with the approved One Year Action Plan; and
WHEREAS. the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the HOME Pmgmm as a valid and worthwhile County purpose
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
I. DEFINITIONS
(A) "COUNTY means Collier County, and where applicable, it's authorized
naresentative(s)
(B) 'ROME" is the HOME Investment Partnerships Program as described in 24 CFR
Pan 92, under the authority of 42 USC 3 535h and 12701- 12839,
(C) `FRDS` means the Housing, Human and Veteran Services Department of Collier
County.
(D) `SUBRECIPIENT means THE COLLIER COUNTY HOUSNG AUTHORITY
ME (HM U -0o
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10/25/2011 Item 16.D.2.
(E) 'HHVS APPROVAL" means the written approval of the Housing, Human and
Veteran Services Department or designee.
(F) 'HUD" means the Secrewy of the U.S. Deparunem of Housing and Urban
Development or a person aumonzW to act on Its behalf.
(G) "Low and moderate income persom ^means the definition set by HUD.
(H) "PROJECT" means the work to be performed as set forth in Exhibit "A ".
(1) 'AGENCY" means HHVS, the HOME administering Agency of Collier County.
For the purpose of this Agreement and all administration of HOME funds, the
AGENCY shall act on behalf of the COUNTY in the execution and fiscal and
Programmatic control of Otis agreement.
(J) 'FEE" is the amount of money the COUNTY agrees to pay and the
SUBRECIPIENT agrees to accept as payment in full for all the professional and
technical services rendered pursuant to this Agreement to complete the WORK as
further defined in Section Ili, Scope of Work
(K) "WORK" - is all the professional and teelmlral services to be rendered or provided
by the SUBRECIPIENT as described here
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform
the tasks necessary to conduct the program outlined in Exhibit "A. ' and shall submit each request
for reimbursement using Exhibit "9" along with the monthly submission of Exhibit "E,' all of
which are attached herein and made a part hermf.
111. TIME OFPERFORMANCE
The effective date of this Agreement between The Colter County Hous'nv Authority and Collier
County shall be October 25, 2011. The services of the SUBRECIPIENT shell be undertaken and
completed in light of the purposes of this Agreement All services required hereunder shall be
completed by the SUBRECIPIENT prior to October 25, 2013. Any funds not obligated by the
expiration date of Ws Agreement shell automatically revers to the COUNTY, as set forth in Section
AT below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using federal funds for allowable costs,
determined by COUNTY, in an amount not to exceed THREE HUNDRED THOUSAND AND
00 /100 DOLLARS (U.S. $300,000) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or
shell be put out to competitive bidding under a procedure acceptable to the COUNTY and federal
requirements The SUBRECIPIENT shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT
and monitored by the COUNTY, which shall have access to all records and documents related to the
Project.
2011 HOME Mr p
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10/25/2011 Item 16.D.2.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHVS
at its office, presently located at 3339 E. Trumann Trail, Suite 211, Naples, Florida 34112, and to
the SOBRECPIENT when delivered to its office at the address listed on page one of this
Agreement.
VI. GENERAL CONDITIONS
A, IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State,
and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and
Procedures memoranda.
Should a project receive additional Ending after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification
from the binding 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 Suite, local and Federal governments, including, but not limited m:
1. 24 CFR Part 92.206, HOME Investment Partnership Program - The regulations
goveming the disbursement of HOME funds.
2. 24 CFR 58- The regulations prew Sing the Environmental Review procedure.
3- Title VI of the 1964 Civil Rights Act, 42 USC § 2000d, en sag.
4. 24 CPR 107 - The regulations issued pmsvaut to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
5. Executive Order 11246 C`Fqued Employment Opportuniy-, as amended by
Executive Orders 11375 and 12086 - which establishes hinng goals for minorities
and women on projects assisted with federal funds.
2011 HOMF(mM 1101)
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6.
Title VII of me 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1992, 42 USC § lashed, M. seq_
7.
24 CPR 135 — Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended. The SUBRECIPIENT shall comply
with Section 3 of the Housing and Community Development Act of 1968, as
amended, 12 U.S.C. 1701u (section 3). Section 3 of the HUD Act of 1968 requires,
to the greatest extent feasible, that recipients of HUD Ponds (and their commuctore
and subcontractors) provide jobs and other economic opportunities to low- income
persons, particularly public housing residents. Section 3 helps create employment for
low -income persons and provides contracting opportunities for businesses that are
caned by low -income people or that provide employment to low- income people.
Contract administration shall be handled by the SUBRECIPIENT and monitored by
the COUNTY.
8,
Age Discrimination Act of 1975.
9,
Contract Work Hours and Safety Standards Act, 40 USE 327 -331
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 1990,
^
as amended.
12.
29 CPR Paris 3 and 5 - Regulations which prescribe the payment ofprevailmg wages
and the use of apprentices and trainees on federally assisted Po jders as mandated by
the Davis Bacon Act HUD Farm 4010 must be included in all construction
contracts funded by CDBG/HOME. (See 42 USC 276a and 24 CFR 135A Hc)).
13,
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted Roberts
14.
Executive Order 11625 and U.B. Department of Housing and Urban Development
Crswlar Leper 79 -45 - which prescribes goal percentages for participation of
minority businesses in Community Development Block Grant Contracts.
15.
Public Law 100- 430 - the Fair Housing Amendments Act of 1988.
16.
OMB Circular A -133 - concerning annual audits_
17.
OMB Circular A -122 - which identifies cost principles
18.
24 CFR 84 - Uniform Administrative Requirements for Grans and Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations.
19.
24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments
2011 ROME onto
I cop
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20. Immigration Reform and Centel Act of 1986 as located at 8 USC 1324, at ceq. and
regulations relating thereto. Failure by the SUBRECV LENT to comply with the laws
referenced herein shall constitute a breach of Ws agreement, and the County shall
have the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statuses.
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
into of value W any County employee, as set forth in Chapter 112, Part 111, Florida
Statutes, Collier County Ethics OMin since No. 2004 -05, as amended, and County
Administrative Procedure 5311,
21 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 terra of all otter Contract Documents, except the moms of any
Supplemental Conditions shall take precedence over me Agreement. To the extent
any comfort in the mans of the Contract Documents carrot be resolved by
application of the Supplemental Conditions, if any, or the Agreement, the conflict
shell be resolved by imposing the more snort or costly obligation under the Compact
Documents upon the Contractor at Owner's discretion.
24. Vwua - Any suit or action brought by either parry to this Agreement against the
other party relating to or ancierm out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have sole
and exclusivejunsdiction 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 petits, the parties shall make a good
faith elTort 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 circulation, 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 agreedahpan Circuit Court Mediator certified by the State of Florida. The
mediation shall be anevded by representatives of SUBUCIPIENT 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 parry fail to submit to mediation say d required 2, Fla Sea, the
other party may obtain a watt order requiring mediation under §44.102, F(o- Smr.
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by women
contract or agreement, and such subcontracts shell be subject to each provision of this Agreement
2011 noNE(nor I Fap
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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 me
SUBRECIVIENT to HHVS for its review and approval, which will specifically include a
determination of compliance with the terms ofthe attached Work Program set forth in Exhibit "A,'
This review also includes ensuring that all consultant contracts and fee schedules meat me
minimum standards as established by me Collier County Purchasing Department, Florida Shares,
and HUD. Reimbursements for such services will be made at SUBRHCIPIENT cost. None of the
work or services covered by this Agreement, including but not limited to consultant work or
services, shall IN subcontracted by the K BRECIPIENT or reimbursed by the COUNTY without
written approval of the HHVS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or spectrum, 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 accounts, scope clarifications, or an extension of time and schedule
that do not change the project, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
F- INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIBNT 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 Moron s' fees and paralegals' fees, to the extent
used by fie negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or
anyone employed or utilized by the SUBR cCIPIENT in the performance of this Agreement. This
indemnification obligation shall not be constmat to negate, abridge or reduce any other rights or
medics which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of Collier
County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond
the limits set fort in Section 768.28, e(orlda crocuses
G. GRANTEE RECOGNITION
All facilities purchased or concocted pursuant to this Agreement shall be clearly identified as to
funding source. The SOBRECIPIENT will include a reference to the financial support herein
provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a
good faith effort to recognize HHVS' support for all activities made possible with funds made
available under this Agreement The SUBRECIPIENT will mount a temporary construction sign
for projects funded by HHVS. This design concept is intended to disseminate key information
regarding the development team as well as Equal Housing Opportunity to the general public. The
concoction sign shall comply with applicable County codes.
^ H. TERMINATION
2m1 HOME(HNILUp
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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 retuned to HHVS or the COUNTY. In the event of termination, the SUBRECTIENT
shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by vittue
of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any
payment to the SUBRECIPIENT for set -off puryoses until such time as the exact amount of
damages due to the COUNTY from the SUBRECIPIENT is determined.
L TERMINATION FOR CAUSE
If introgh 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 flue other party and
specifying theme= the effective date of termination. (See 24 CPR 85,43)
2. TERMDNATION FOR CONVENIENCE
At any time during me term of this Agreement either were 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 ofterminate m (See 24 CFR 85.44.)
3, TERMINATION DUE TO CESSATION
N the event the grant to the COUNTY under Title I of the Housing and Commodity
Development Act of 1994 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
L INSURANCE
SLBRECIPIENT 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 father act Toth to
Exhibit `TY'te this Agreement.
I. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance mquirements in Exhibit "D" shall not relieve the SUBRECIPIENT
of its liability and obligation under this subsection or under any subsection of this contract. The
contract is contingent upon receipt of the insurance documents within fifteen Hal calendar days
after the Board of County Commissioners' approval. If the Insurance cenifieade is received within
the specified period, but not in the manner prescribed in mass requirements, the SUBRECTIENT
shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to
submit a corrected Certificate to the Comfy
-
HOME HIM I IAp
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.� If the SUBRECIPIENT fails to submit the required insurance documents in the meMer prescribed
in these requirements within twenty (20) calendar days after the Board of County Commissioners'
approval, the SUBRECIPIENT shall be m default of the terms and conditions of contract
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and an not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation,
(cave, unemployment and employee benefits,
VIL ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other
Non -Profit Organizations) and agrees to adhere to the accounting principles and procedures
required therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records required by the HOME
Federal Regulations for a pound of six years (6) years after expiration of Its
Agreement_
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed prepared, a s embled, o completed by the
SUBRECIPIENT for the Purpose of this shall be made available
to the COUNTY by the SUBRECIPIENT at any time upon request by
HHVS. Upon completion of all work contemplated under this Agreement
copies of all documents and records relating to this Agreement shall be
surrendered to HHVS if requested.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY
in the preparation of HUD Labor Relations, is, BE/MBE, Equal Opportunity
Employment, and HUD Section 3 reports, pursuant to 24 CFR 570502, 509,
and 92 (3)(vi).
4. SUBRECI %ENT shall submit momhly beneficiary reports to HHVS using
Exhibit "E".
5. The SUBRECIPIENT shall maintain records showing compliance with the
Davis Bacon Law, including files containing contractor payrolls, emplovee
interviews, Davis Bacon wage rates, and administrative cross- remadminng.
SUBRECIPIENT shall maintain records showing contractor compliance with
mu xom[plmpAp
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the Contract Work Hours and Work Safety Law. Similarly, the —�
SUBRECIPIENT shall maintain booms showing compliance with federal
purchasing requirements and with other federal requirements for grant
implementation.
6. Indirect Costs: If indirect costs are charged, the SUBRECIPIENT will
develop an indirect cost allocation plan for determining the appropriate
Developer's share of administrative costs and shall submit such plan m the
County for approval, is a form specified by me County.
7. Failure to adequately maintain any former HOME funded project may
exult in the delay of processing reimbursement requests for ongoing
activities or in the forfemare of future HOME funds.
8. The SUBRECIPIENT will be responsible for the creation and
einternme of income eligible files on clients served and documentation
Fiat all households are eligible under HUD Income Guidelines.
9. The SUBRECIPIENT burden agree that HHVS Shall be the final
arbiter on the SUBRECIPIENT's compliance with the above.
C. REPORT$ AL DITS AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this
Agreement_
D. ADDITIONAL HOUSING- HUMAN AND VETERAN SERVICES. COUNTY
AND HUD REOUIREMENTS
The SUBRECIPIENT agrees to utilize funds available motor this Agreement to supplement miner
than supplant funds otherwise available for specified activities.
E. WRITTEN APPROVALS SUMMARY
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of 81,000 or more;
(3) All out-of town travel; (travel shall be reimbursed in ac cordance with §
112.061, Fla. Soo_ unless otherwise required by HOME);
(4) All change orders ; and
(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 HOME finds, whether for
merit or cost of living. ^
IDII HOME (HM iwp
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F. PURCHASNG
All purchasing for services and goods, including capital equipment. shall be made by purchase
order or by a wrihm contract and in conformity with the procedures prescribed by the Federal
Management Cimulars A -110, A -122, 24 CPR Part 84, and 24 CFR Pan e,5, which we incorporated
herein by reference.
G. AUDITS AND INSPECTIONS
1. Non- profit organizations drat expend 5500,000 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 pmgmm-
specific audit performed in accordance midi OMB A -133.
1 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 (cg-
financial audit, performance audits). They may choose, nodded of a Reduced Scope
Audit, to have a program audit conducted for each federal award in accordance midi
^ federal laws and regulations governing the program in which they participate.
3. When the requirements of OMB A 133 apply, or when the SUBRECIPIENT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal year
for which federal awards witabutablc to this contract have been received by the
SUBRECIPIENT. A copy of the audit rcpon must be received by HHVS no later
tllan eix months following the end of the SUBRECIPIENT `s fiscal year.
4. If an audit is required by Section O of this contract, but the requirements of
OMB A -133 do not apply or are not elected, the SUBRECIPIENT may choose to
have an audit performed either on the basis of the SUBRECIPIENT 's fiscal year or
on the basis of the period during wbich HHVS- federal assistance has been received.
In either case, each audit shall cover a time period of not more Man mtlhre months
and an audit shall be submitted covering each assisted period until all the assistance
received from Mis 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 Mis 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 renect all revenues and expenditures of rands provided
directly or boundary by Me County pursuant to the terms of this Agreement.
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6. The SUBRECTPIENT shall include in all HHVS approved subcontracts used
to engage subcontractors to carry out any eligible substantive programmatic services,
as such services are described In this contract and defined by HHVS, each of the
cord - keeping and audit requirements detailed in this contract. HHVS shall, in its
sole discretion, determine when services are eligible substantive programmatic
services and subject to the audit and recardkeeping requirements described above,
H- PROGRAM GENERATED INCOME
All income earned by the SUBRECINENT from activities financed in whole or in pan 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 winners approval of
the HHVS Department or designee. Accounting and disbursement of such income shall comply
with OMB Circular A -1 to (Oviform Administrative Requirement for Federal Grants) and other
applicable regulations incorporated herein by reference.
Program Income, as defined by 26 CFR 92.503 for HOME fiords, may be retained by the Agency.
Program Income shall be utilized to undertake activities specified in "Exhibit "A"' of this
Agreement, and all pmvisiom of this Agreement shall apply to stated activities. Any Program
Income received by the SUBRECNIENT or its subcontractors shall be returned to me COUNTY
unless the SUBRECIPIENT requests and is authorized to utilize uncommitted fiords.
1. GRANT CLOSEOLT PROCEDURES ^ I
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to; making final
Payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY), and
thiamine, the custodianship of records.
V111. OTHER PROGRAM REQUIREMENTS
A. OPPORTLDTHES FOR RESDEN'I S AND CIVIL RIGHTS COMPLIANCE
The SUBRECTIENT agrees that no persons shall be excluded from the benefits of, or be subjected
to, discrimination under any activity eartied out by the performance of this Agreement on the basis
of race, color, disability, national origin, religion, age, familial stands, or sex Upon receipt Of
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement
The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development
Act of 1968, as amended, 12 U.S.C. I]Plu (section 3). 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 ]coated in or owned in substantial part by
persons residing in the project areas shall be awarded contracts in connection with the project.
Contract administration shall be handled by the SUBRECIPIENT and monitored by the COL 'fY,
which shall have access to all records and documents related to the project.
2011 ImPledmil 01)
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B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED
BUSMESS ENTERPRISES
In the procurement of supplies, equipmenq construction, or services, rite SUBRECIPIENT shall
make a positive eRon to mince small business and minority /women-owned business enterprises of
supplies and services, and provide Head 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 HOME areas designated by Collier County in the Annual Consolidated Plan approved by
HUD.
C. PROGRAM BENEFICIARIES
At least fifty one percent (51 %) of fee beneficiaries of a project funded through this Agreement
must be very, low, low- income persons. If the project is located in an enritlement city, as defined by
HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or
nicipalities participating in the County 's Chan County Qualification Program. The project
funded under this Agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement The SUBRECIPIENT shall provide written
verification of compliance to HHVS upon HHVS request
D. CONFLICT OF INTEREST
The SUBRECIPIENT covereacts that no person who presently exercises arty functions or
responsibilities in connection with me Project, has any personal financial interest, direct or mainven,
in the target areas or any parcels therein, which would conflict in any broader or degree with the
performance of this Agreement and that no person having any conflict of interest shall be employed
by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the pan of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS (See24 CFR 92 356).
E. PUBLIC ENTITY CRIMES
As provided in Sheldon 259.133, Fla. Scar., by entering into this Agreement or performing any work
in furtherance hereof, the SUBRECIPIENT cenill that it, He affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the Slate of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by Section 289.133(3) (a), Fla. Set.
F. DRUG -FREE WORKPLACE REOUIREMENTS
The SUBRECIPIENT must certify that it will provide drug-fire; workplaces in accordance with the
Drug -Free Workplace Act of 1985 (41 LSC 901).
�. G. CERTIFICATION REGARDING LOBBYING
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The undersigned certifies, to the best of his or her knowledge and belief, that:
I. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for infatuating 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,
netnews at, ammdmeu4 r
o modification of any Federal contract, grant, loan, or
cooperative agreement.
1 If any funds offer 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 tiffs Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -
LEE, "Disclosure Form to Report Lobbying', in accordance with its In:wetions,
3. The undersigned shall require that the language of this certiGCation be included in
the award documents for all sub -awards at all tiers (including subcontracts,
subgrants, contracts under grants, loans, and cooperative ageeements) and that all
SUBRECIPIENT'S shall certify and disclose accordingly.
H. REALPROPERTY
Any real properly 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 part 24, shall be subject
to the provisions of the CDBG /HOME Regulations including, but not limited to, the provisions on
use and disposition of property. Any real property within the SUBRECIPIENT 's control, which is
acquired or improved in whole or pal with CDBG/HOME funds in excess of 525,000, must adhere
to the CDBG /HOME Regulations at 24 CPR 570_505.
TIC ENVIRONMENTAL CONDITIONS
The SUBRECIPIENT agrees to comply with the following requirements:
A. AIR AND WATER
1. Clean Air AU, 41 USC 7401, er seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq. as amended.
B. FT 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 none identified by FEMA as
OME(HMI IAp
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having special Flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained_ If appropriate, a letter of map amendment (LAMA) maybe obtained from
FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance.
C. LEAD BASED PAINT
The SUBRECPIENT agrees that any construction or rehabilitation of residential structures
with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning
Prevention Act found an 24 CPR 92355.
D. HISTORIC PRESERVATION
The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set
Foods in 36 CFR 500, Advisory Council on Historic Preservation Procedures for Protection of
Historical Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may not be used for religious activities or provided to primarily religious
organizations. 24 CFR 92.257 specifies the limitations on HOME funds for Gish based activities.
XI. REVERSION OF ASSETS
Upon expiration ofthe Agreement, the SUBRECIPIENT shall transfer to the COUNTY any HOME
funds on hand at the time of expiration and any accounts receivable attributable m the use of HOME
fonds. 24 CFR 92.504(2)(vii),
XIL SEVERdBILITV OF PROVISIONS
If any provision of this Agreemcm is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -five (25) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counmlperts, each of which shall be dawned to be an
original, and such counterparts will coust mte one and the same instrument
2011 h0suo su 01)
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XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any poor agreements, if any, between the parties harem
and constimtes the entire understanding. The parties hereby mmowldge that there have been and
we no representations, warranties, covenants, or undertakings other than those expressly set forth
herem.
2011 HOME (HM I IAp
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Item 16.D.2.
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10/25/2011 Item 16.D.2.
EXHIBIT "A'
SCOPE OF SERVICES
COLLIER COUNTY HOUSING AUTHORITY, INC.
HOME
TENANT BASED RENTAL ASSISTANCE (TBRA) PROJECT
A. PROJECT SCOPE
On July 26, 2011, the BCC approved the HUD Action Plan allocating binding for this
initiative. Home Investment Partnerships Program (HOME) binding will be used for the
Tenant Bred Rental Assistance (TBRA) Program which will provide assistance to a
minimum of forty (40) households persons. The actual number of assisted
householdalismons will be determined by actual assiclance amounts.
In the Action Plan for this program the intended outcome of this funding is to administer the
Tenant -Based Rental Assistance ("BRA) pregnant for the Purposes of providing assistance
to low income households /persons with rent, security deposits, and utility deposits for a
period of up to two (2) year. The maximum amount of funds for the security deposit may
not exceed two months' rent for the unit and can only be applied for by me tenant. .4
written agreement regarding the terms and conditions of me security deposit must be
maintained by the SUBRECIPIENT for review by Housing, Human and Veteran Services
(HHVS) stall The utility deposit assistance may be provided in conjunction with a security
deposit and/or monthly rental assistance. The utility deposit assistance may be used only for
utilities permitted under the Section 8 utility allowance.
* * ** e'* NOTE.. ^ *At least SON, of the total clients assisted must be at or below 60% of
the area median income for Collier County and the remaining 10% cannot exceed 80% of
the area median income for Collier County.
The project activities ai11 meet the U.S. Department of Housing and Urban Developments
national objcetive to provide safe, dece r, affordable housing.
The SUBRECIPIENT will be responsible for the following:
a. The creation and maintenance of income eligibility files on clients served and
documentation that all households are eligible under HUD Income Guidelines.
It. Prior to occupancy. the SUBRECIPIENT shall require and maintain income
qualification and proof of legal residency for all households. The SUBRECPIENT
shall maintain these tiles for HHVS shift review upon request. The anticipated
anal household income of the participant shall be verified and not exceed the
income limits as mandated by the U.S. Department of Housing and Urban
Development (HUD).
c
The SUBRECIPIENT shall require and maintain BUS inspections and Lead Based
Paint documentation (when applicable).
lot I HOME HIM II -0p
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d. Match funding of 25% is required for this activity. The SUBRECIPLENT must
provide documentation regarding match funding for Purposes of the HOME
program. The match funding will be met by the SUBRECIPIENT, through a
partnership with the David Lawrence Center, who will provide referrals, case
management and wrap around mental health starriucs through a state grant to
qualified individuals, including collaborating with other community agencies.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing Three Hundred
Thousand Dollars (53300,000.00) in HOME binding for the project scope described above.
The 25% mashing [ands requirement of 555,000.00 is bung met by the CCHA; through a
state grant to the David Lawrence Center in the amount of $93,463. The match funds must
be shown in writing as invoices are presented (i.e. 25% of every invoice is adjusted for the
25% until the $55,000.00 is met.
Line Item Description HOME Fonds Matching Funds
Rent S 300,00000 $ 75,000.00
Security Deposit
Utilities
Total HOME Funding $300,000.00
Total Match $ 55,000.00
Funding
TOTAL PROJECT AMOUNT $ 375,000.00
Any modifications to this contract shall be in compliance with me Comity Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
C. PROJECT WORK PLAN:
The following Project Work Plan is iu effect for program monitoring requirements only and
as such, is not intended to be used as a payment schedule.
D.
Date Start
Date End
Work Plan
IN0uZuril
10/2012
1 Begin rental, security deposit and utility assistance
10/012011
11 10/2013
1 Completion ofall TDRA assistance
D.
PAYMENTSCHEDULE'
lboment Schedule
Providing TDRA
Upon monthly invoicing ofallowable expenses
The following table details tltepr
feet deliverables and payment
schedule.
Deliverable
lboment Schedule
Providing TDRA
Upon monthly invoicing ofallowable expenses
End of Exhibit "A"
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EXHIBIT °B°
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I REQUEST FOR PAYMENT
SUBRECIPTENT Name: Collier County H Authority, Inc
SUBRECTIENT.Address: I SOU Fartnwnrker V, are, Immokalce. Fl. I4142 _
Project Name: Tarrant Based R IA (TERM
PrgeclNO: RMIILI Payment Request
Dollar Amount Requested: S
SECTION II: STATUS OF FUNDS
L Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
J. Total Gmut Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Precious Unpaid Requests
5. Amount of Today's Request
6- Current Grant Balance Qnitial Grant Amount Awarded Less
Sum of all mquesta)
]00,000
b
S
s
I cerify that this request for neimbureanent has from drawn in accordance with the terns and conditions of
the Agreement betwem the County and us as die Sub recipient l also certify 0atthe amount of the Request
for Reimbursement is not In excess of cutrrnt needs.
Title
Authorizing Grant Coordinator
SupervisoR (mmo,al inalsonov under 54999)
Dept Director ( required $l "000 and eborcl
End of Exhibit B
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E%HIBIT °C'
ADDITIONAL HOME GRANT REOUIREMENTS
A. The designated HOME assisted units of this PROJECT will meet the affordability
requirements as found in 24 CFA 92252 (rental). The SUBRECIPIENT shall collect and
maintain Project beneficiary information penaiuing to household size, income levels, racial
characteristics, and the presence of Female Headed Households in order to determine low
and moderate - income benefit i cumulative and individual m Income
documentation shall be in a form consistent with HOME requirements as stated in the HUD
Technical Guide for Determining Income and Allowances Under the HOME Podartion. The
HOME program rusquires tenant income certification that they 1'
and the Domain is in compliance with initial wxwwncv requirements Tamant Jncnmc
MUST bere-examined atmually, and subboded W HHVS
B. In the selection of occupants for PROJECT units, the SUBRECIPIENT shall comply with
all nondiscrimination requirements of 24 CFR 92.350. Such procedures are subject to
approval by HHVS. The SUBRECIPIENT will implement affirmative marketing
procedures as required by 24 CFR 92351. Such procedures are subject to approval by
HHVS.
C The SUBRECIPIENT shall assure compliance with 24 CFR 92.251 as relams to Property
Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFA
92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CPR 92355
and 24 CPR Part 35.
End of Exhibit C
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EXHIBIT "Do ^
NSURANLE REQUIREMENTS
The SUBRIECIPIENT shall banish to Collier County, No Housing, Human &
Veteran Services Department, 3339 E Tamiami Trod, Suite 211, Naples, Florida
34112, Cello (s) of Insurance evidencing insurance coverage that meets the
requhements re outlined below:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
Ha I Public Liability Insurance on a comprehensive basis in an amount no less than
S30i per occurrence for combined Bodily Injury and Property Damage.
Collier County must be shown as an additional insured with respect to this
coverage.
(c) 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 STACIE LF APPLICABLE)
In addition to the insurance required in (1) — (3) above, a Certificate of Insurance must
be provided as follows:
(d) Professional Liability Insurance in the name of me SUBRECIPIENT or the
licensed design professional employed by the SUBRECTIENT in an amount
not less than S3oi per oc ce providing for all sums wbich the
SUBRECIPIENT and/or the design professional shall become legally obligated
to pay as damages fro claims drying out of the services performed by me
SUBRECIPIENT or any person employed by the SUBRECIPIENT in
transaction with this contract. This insurance shall be maintained for a period
of two (2) years after the certificate of Occupancy is issued.
CONSTRGCTON PHASE (IF APPLICABLE)
In addition to the insurance required in (1) — (4) unit, the SUBRECIPIENT shall
provide or cause its Subcontractors to provide original policies indicating the following
types of insurance coverage prior to any construction:
(n) Completed Value Builder's Risk Insurance on an "All Rlskr basis in an amount
not less than one handrcA (100 %) percent of the insurable value of the
building(s) or stmctnre(s). The policy shall be in the reme of Collier County
and the SUBRECIPIENT.
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Exhibit "D "Xi ntiwW
(f) Flood Insurance shall be provided for those progenies found to be within a
flood hazard some, in an amount not less than the full replace values of the
completed struck re(s) or the maximum amount of coverage available through
the National Flood Insurance Program (FTE), 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.
OPERAi ory /MAn'AafMEBT PxnsE(P APPLICABLE)
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
(g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence
for combined Bodily Injury and Property damage. Collier County must be
shown as an additional insured with respect o this coverage.
(h.) 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
most be shown as a Loss payee with respect to this coverage A.T.I.MA.
(.) Flood Insurance coverage for those properties found to be within a flood hazard
one for the full replacement values of the struomro(s) of the maximum amount
of coverage available through the National Flood Examine Program (NPIP).
The policy must show Collier County as a Loss Payee A.T.I.M_A,
End of Exhibit "D'
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'ATTACHMENT E° I
Complidefarm forpav month andmbmlua Housing, Human and Venerator Services stanybe, the Is" of
thefollow.ngmnath.
Slams Report for Month of Sub ®tul Date
Ptojces Neme Protect
Project Homier civil 01 Activity Number XXX
SUBRECNIENT- CuIlar County Housing Authority, Inc
Contact Person Psmamlda Santa or Accra Edison
Telephone 239657 -3649 Fax 23mo57-9232
E-mail F.dmnccha
1. Activity StatuslMileston < s (de 3e any action taken, relating m this pmjem, during the past
ma ifil
2. Whatments/actions are scheduled for the next two months(
3. Describe any affirmative marketing you have implemented regarding this project Pl ease
list and attach any recent media coverage of your organization relating to this project.
d. List any additional data relevant to the outcome measures listed on the application for this
project.
5. Identify any potential issues that ntay, cause delay.
IDI I HOME HIM I IAp
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n Exhibit E, Continued
New leases executed this
Name, Address, and Unit N'umber of Applicant
Revt/Seeuriry
Deposit
Utility
Deposit
'°
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4. For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank space and in the chair below. Complete the below
chart for NEW clients saved this month. DO NOT DUPLICATE clients served in previous
months. You may provide data by either households or persons served. However, if one person
6ec
eived 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 ofbeneficiaries in the blankbeace and in box "i."
INCOME
^ Of the households orpersod assisted, extre rely low - income income (0- 30° %)of
the current Median Family Income(MFU Enter this number in box '2,
Of the households or pemons assisted, am very Law - income(31- 50 %)ofthecufrem
Median Familylnwme(INFp. Enter this number inbox'3
Oftlembomeholds orpemmrs assisted, arelow
- income (51- 80 %)of thn curmnt
Median Family Income (MFE. Enter this number In box "4. "
,NOTE. Themtat fboxes 2, 3 und4shouldequalthenumber inbox 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter
oh rnumber In box °5" below.
Exhibit E, Continued
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Exhibit E, Continued
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SPONSOR must indicate l burner6clarids for Race AND Emicov
PeRnRlvms of Race:
I White: A person having ranges in my of the original peoples of Europe, the Middle East, or NOnh
Africa.
2. Black or Afncan- American: A person having origins in any of the black racial groups of Africa.
3, Asian: A parson having ongins in any of the original peoples of the For East, Southeast Asia, or the
Indian subco including, for ample, Cambodia, China, Lathe, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Incurred, and Vernon.
4. American Indian or Alaska Haaive:.A person having origins wary of the original posples of Nods and
South Americe[mrJUding Central Banner), and who maintains ruled affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander A person having ongins in any of the original people of
Ham all, mram, Samoa, or other Pacific Islands.
Primitives of Ethnicity:
L Hispanic of Latin, A person of Cuban, Mexican, PUam mcm, South or Central American, or other
Spanish culture or orign, regardless of race
Tabulation Table of Roca Rod 8[b 1l Bendfidarics
R u
#Tool
His a
While
Black or Af ream American
Asia
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian Alaska Native and Wtdte
Asian and Whim
Black/Alliean American and White
American Indian Alaskan Native and Black/A bread American
Other Multi-Racial
TOTAL:
End of Exhibit E
2011 HDSF (I l cap
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r. AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY, INC.
TENANT BASED RENTAL ASSISTANCE (TRRA) PROJECT
Catalog of Federal Domestic Assistance # 14,218
HUD Grant # B- 11 -0C -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Floods, ("COUNTY "), and the "Collier County Housing Authority, Inc. a
special independent district or the State of Florida, created in accordance with Florida Stamm Section
421.27 at seq. having its principal office at 1800 Farmworkers Way, Imm dirdee, Florida 34142 and
with offices at 5251 Golden Gate Parkway, Naples, FL 34116, and its Federal Tax Identification
number as 59- 1490555 and DUNS #, 040971514 ( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department
of Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I
of the Housing and Community Development Act of 1974 (as amended): and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities m
primarily benefit low and moderate income persons and neighborhoods and to alternatively use
Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent
community need; to improve the quality of life in Collier County by providing infrastructure
improvements, public facilities, and other activities which are related to neighborhood/eommunity
impr0vemrkils; to improve the condition of life for persons who require physical access or other
services that meet their individual needs; and to provide for long range community improvements by
assessing correct conditions and planning long range improvement programs as describod in the
Consolidated Plan submission; and
WHEREAS, the Board of County Commissioners of Collier County approved the Fiscal Year
2011 to Fiscal Year 2016 Collier County Five Year Consolidated Plan and One-Year Action Plan
for Federal Fiscal Year 2011 -2012 for the CDBG Program with Resolution 2011.136 on July 26, 2011
Agenda Item IOH; and
WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated
Plan— Citizen Participation Plan, adopted epistolary 9, 2001 with Resolution 01 -02 and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Yew 2011 -2012 for the CDBG Program and the use of the CDBG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIEN'f desire to provide the activities specified
in Exhibit'A" of this Agreement, in accord with the approved Consolidated Plan; and
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WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
underud:ings of the CDBG Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" can s Collier County, and where applicable, it's authorized
repasentative(s ).
(B) "CDBG" means the Community Development Block Grant Program.
(C) ` HHVS" means Collier County Department of Housing, Human and Veteran Services.
(D) " HHVS' sApproval "meansthewnitenapprovalofthe Departmentof Housing ,Human
and Veteran Services or designee
(E) " SUBRECIPIENT" means THE COLLIER COUNTY HOUSING AUTHORITY.
(F) "HUD' means the U.S. Department of Housing and Urban Development or a person
announced to act on its behalf
(G) "Low and moderate income parsons means the definition set by HUD.
(H) "Pmjeu"means the work to be permCned se set forth in Exhibit `A,"
H. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper Cro mer, as determined by HHVS, ^
perform the tasks necessary to conduct the program outlined In Exhibit "AY
III. TIME OF PERFORMANCE
The effective dale of the Agreement between THE COLLIER COUNTY HOUSING
AUTHORITY and Collier County shall be October 25, 2011- The services of the SUBRECIPIENT
shall be undertaken and completed in light of the purposes of this Agreement. All services required
herewder shall be completed by the SUBRECIPIENT prior to October 15, 2013. Any Finds not
obligated by the expiration date ofthis Agreement shall automatically revert to the COUNTY_
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed THIRTY THOUSAND AND 00 1100
DOLLARS (U.S. $30,000) for services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be per named by SUBRECIPIENT employees,,
or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the SUBRECTPIENT and
monitored by HHVS, which shall have access to all records and documents related m the protect.
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The County sham reimburse of me SUrk acks s accepted for the d approved of this Agreement upon
the
completion o or phial completion re the work lacks as accepted and approved by HHVS pursuant w the
submittal as monthly progress reports. Payments shell be made to the SU Payment ill b when
requested as work progresses ce a not more frequently than once per month. Payment will n made
upon receipt of a nt Pro invoice and in compliance with § l be 218,70,
ma Fla. Star, otherwise known as the
"Local Government Prompt Payment Act" No payment will be made whit approved by HHVS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
HHVS at its once, presently located at 3339 E Tamiaml Trail, Suite 211, Naples, Florida 34112, and
to tlm SUBRECIP]ENT when delivered to its office at the address listed on page one (1) of this
Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECNIENT shall implement this Agreement in accordance with applicable Federal,
Smtq 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, me
SUBRECIPIENT shall notify HHVS in winner within thirty (30) days of eceiving nodfieation 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 contact, or other covered transaction, with a person who is
similarly retained 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
1. 24 CFR 570, as amended - The regulations governing The expenditure of Community
Development Block Grant (CDBG) funds.
2. 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
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3, Tills VT of the 1964 Civil Rights Act, 42 USC$ 2000d, et. srg. ^
C 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 OpperlumA"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC $ 2000e, 0.. seq.
7. 24 CPR 135 - Regulations outliving requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8- Age Discrimination Act of 1975.
A Contract Work Hours and Safety Standards Act, 40it SC327 -332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(h(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages
and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts
funded by CDBG- (See 42 USC276a and 24 CFR 13511(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. Executive Order I lb25 and U S. Department of Housing and Urban Development
Circular Lever 79A5 - which prescribes goal percentages for participation of mimnty
businesses in Community Development Block Grant Contracts.
15. Public Law 100- 430 -the Fair Housing Amendments Act of1988-
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 -which identifies cost principles.
18, 24 CFR 84 Uniform Administrative Requirements for Grans and Agreements with
hstitHions of Higher Education, Hospitals and Other Non -Profit Organizations.
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19, 24 CPR 85- UNform Administrative Requirements for Grants and Agreements to State
and Local Govemmrnts.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, at reqr and
regulations relating thereto. Failure by the SURRECIPIENT m comply with fire 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 Gigs 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, Pan III, Florida Statutes,
Collier County Ethics Ordinance No 2004 -05, as amended, and County Administrative
Procedure 5311.
23. Order of Precedence- In the event rif any conflict between or among the terms of any of
the Contract Documents, the terms of me Agreement shall take precedence over the
terms of all other Contract Documents, except me terms of any Supplemental
Conditions shall take precedence over the Agreement To the extent any conflict in the
terms of fire Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be msolved by imposing the
m snout or costly obligation under the Contract Documents upon the Contractor at
Owne[ s discretion.
24. Venue- Any suit or action brought by either parry 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 cxoludove
jurisdiction on all such matins
25. Dispute Resolut ion - Priortothe initiation of any action or processing permitted by this
Agreement to resolve disputes between the patties, the parties shall make a good faith
efion to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBR CIPIENT 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 scent of depositions in my litigation between the parties arising out of this
Agreement, the Circuit C shall Mediator ro resolve the dispute of Florida. Mediation before an
shah be tt Circuit Coun Mediator cof SU by the State of Flo The mediation
shall be and by O representatives person n who would m with full decision ion of y
authority and by COUNTY'S staff LDIT who would make the presentation of any
settlementmit to at mediation as required COUNTY'S boats for ew parry Should either a court party
fan re submit ro mWion u as yoired hereunder, the od,et pony may obtain a coon
order requiring mediation coder § 44.102, Fla. Stet,
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26. The DEVELOPER/SPONSOR shall comply with Section 3 of the Housing and
Community Development Act of 1968, as amended, 12 USA. Hold (section 3).
Section 3 or the HUD Act of 1968 reports, to the greatest extent feasible, that
recipients of HUD funds (and their contractors and subcontractors) provide jobs and
other economic opportunities to low-income persons, particularly public housing
residents. Section 3 helps create employment for low- income persons and provides
contracting opportunities for businesses that arc owned by low -income people or that
provide employment to low -income people. Contact administration shall be handled
by the DEVELOPER/SPONSOR and monitored by the COUNTY, which shall have
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreem ad, 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
SU'BRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the
SUBRECMIENT to HE'S for its review and approval, which will specifically include a determination
of compliance with the terms of the arranged 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. Renouncement for such services will be made at SUBRECIPIENT cos. Noneofthewodror
services vered by this Agreement, including but not limited to consultant work or services, shall be ^
subcontracted by the SUBRECPIENT or reimbursed by the COUNTY without writes approval of the
HHV S or its dwigua.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards or both parties, except that County repesenative(s) may approve
adjusments between line item amounts, scope clarifications, or an extension of time and schedule that
do not choose the project, or xeeed the amount funded by the County, as sated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Admmistmtiva Procedures in effect at the time such modifications are authorized
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECPIEN'r shall indemnify and
held harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and coons, including, but not limited to, reasonable allome) s' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the SU'BRECIPIENT or
anyone employed or utilized by the SUBRECPIENT in the performance of this Agreement. This
Indemnfifeation obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available m an indemnified party or person described in this
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paragraph. This section does not penmen many incident arising from the sole negligence of Collier
County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits ad both in Section 76828, Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchased of concocted situation to this Agreement shall be dearly identified as
to (ding source. The SUBRECIPIENT will include a reference to flit financial support herein
provided by HHVS in all publications and publicity. In addition, the SUBRECNIENT will make a
good faith effort to recognize HHVS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for
projects funded by HHVS. This design concept is intended to disseminate key information regarding
Par development team as well as Equal Housing Oppommary to the general public. The concoction
sign shall comply with applicable County codes.
H. TERMINATION
To event of termination for any of file reasons identified in sub - sections 1 -3 as follows, all
fw'sbed or unfinished documents, data studies, sun evs, drawings, maps, models, photographs, reports
prepared, and capital equipment secured by the SUBRECIPIENT with fords under this Agreement
shall be removed to HHVS or hie 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 setoff purposes until such time as the exact amount of damages due to hie
COUNTY Gam the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If though any cause either party shall fail to fulfill in timely and proper comber its obligations
under this Agreement, or if either party shall violate any of the cos anards, agreements, or stipulations
of this Agreement, eieier party shall thereupon have the right to terminate this Agreement in whole or
pat by giving written notice of such termination to the otM1er party and specifying therein the effective
date of termination (See 24 CAR 85.431
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 Q0) working days written notice to the other patty. Upon
termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this
Agreement through and including me date of termination (See 24 CER 85 44)
3. TERMINATION If ME TO CESSATION
In the event the grant to due COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended orterminard, this Agreementshall be suspended
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or terminated effective on the date that HUD specifies. ^
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its p rrfomtence coder the Contract
Documents, insurance of the types and in the amowts described herein and further set forth in Exhibit
"B° to this Agreement
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this
contract. The contact is contingent upon receipt of the insurance documents within fifteen (IM
calendar days after the Board of County Commissioners approval. If the Insurance certificate is
received within the specified period, but not in the manner proscribed in these requirements, the
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a contacted Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the m
prescribed in these requirements within twenty (20) calendar s days after the Boats of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the
contract.
K. INDEPENDENT AGENT AND EMPLOYEES ^
The SUBRECIPIENT agrees that it will be acting as ar independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
VII. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A—I10 (Unifmm Administrative
RequiretneNs for Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Nan -Profit Organizations) and spooks to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source doeumarmho r for all costs
mwred.
B. DOCUMENTATION AND RECORDKEEPIOU
1. The SUBRECIPIENT shall maintain all records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
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r. developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Upon completion of all work
contemplated undar this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHVS if requested. In any event me
SUBRECIPTENT shall keep all documents and records for six (6) years after expirafion
ofthis Agreement.
3, The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CPR 590.502, 507, and 92 (3)(v B,
4, The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS
outlining the slams of specific activities under the pioneer Each report must account for
the total activity for which the SUBRECIPIENT is paid with CDBO funds, in part or in
whole, and which is required in fulfillment of mar obligations regarding the Pryect.
The progress reports shall be submitted on the form Exhibit "D," Schedule `D -2."
�. The SUBRECIPIENT shall maintain records showing compliance with the Basis
Bacon Law, including files containing contractor payrolls, employee interviews, Davis -
Bacon wage rates, and administrative crass referencing. SUBRPCIPIENT 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.
fi. If indirect costs are charged. the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECTIENT'S share of
administrative costs and shall submit such plan to me COUNTY for approval, in a farm
specified by the COUNTY.
9. Failure to adequately maintain any former CDBO funded prmect 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
SUBRECIPIEN I's compliance with the above.
C. REPORTS AUDITS AND EVALUATIONS
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Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to
this Agreement.
The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECH'IENT shall, upon the request of HHVS, submit information and status reports required
by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING HUMAN AND VETERAN SERVICES COUNTY AND
HUD REOUIREMENTS
The SUBRPAIPIENT agrees to utilize funds available under this Agreement to supplement
rather than supplant foods otherwise available for specified activities
E. WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIFIENT pursuant to this Agreement;
(2) All capital equipment expenditures of SI,000 or more;
(3) All outb6rown travel (novel shall be reimbursed in accordance with Chapter
112, Fla. Stan unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of Its agreement
for programs described If Exhibit `A", and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or
cost of living.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A -122, 24 CFR Pon 84, and 24 CFR Part 85.
G. AEDITS AND INSPECTIONS
1. Non -profit organizations that expend $500,000 or more annually in federal
wards shall have a Smile or program specific audit conducted for that year in
ewrdance with OMB A -133. Non - profit o gam izations expending federal
wards of $500,000 or
it more under only one federal OMB may elect m have e
program - specific audit performed in accordance with OMB A -133.
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n 2. Non misfit organizations that expand less than $500,000 annually in federal
wards 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 regdued 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
3. When the requirements of OMB A -133 apply, or when the SUBRECIPIFNT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal
Year for which federal awards attributable to this contract have been received by
the SUBRECIPTENT. Acopy 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 0 of this contract, but the requirements of
OMB A -133 do not apply or are not elected, the SUBRECIPIENT may choose
to have an audit performed either on the basis of the SUBRECIPIF,NT 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
Nan twelve months and an audit shall be submitted covering each assisted
period until all the assistance received from this contract has been reported.
Each audit shall adhere to all other audit standards of OMB A -133, as these may
^ be limited to cover only those services undertaken pursuant to the terms of this
contract. A copy of the audit report must be received by HHVS no later than six
months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the terms of Its Agreement.
6, The SUBRFCIPIENT shall include in all HHVS approved subcontracts each of
the reeofdkeeping and audit requirements detailed In this contract.
All income tamed by the SUBRECIPTENT from activities financed in whole or in part by
fluids provided hereundermust be reported to HHVS Such inwmewouldinclude, but not be limited
to, income from service fees, sale of commodities, and rental or usage fees. The SU612ECIPIENT
shall report its plan to utilize such income to HHVS, and said plan shall require the wman approval of
HHVS or its isperice. Accounting and disbursement of such income shall comply with OMB Circular
A -110 (Uniform Administrative Requiremeut for Federal Grants) and other applicable regulations
incorporated herein by reference.
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Program Income, as defined by 24 CPR 510.500(a), may be retained by the COUNTY. -�
Program Income shall be utilized to undertake activities specified in Exhibit "A" of this Agreement,
and all provisions of this Agreement shall apply to stated activities. Any Program Income received by
the SUBRECNIENT or its sub- contramots shall be rammed to be COUNTY unless the
SUBRECIMENT requests and is authorized by HHVS to utilize uncommitted funds.
1. OR ANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout equirements ore
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the remm of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records.
VIII. OTHER PROGRAM REOUIREMENTS
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 be greatest feasible extent eligible business
concerns located in or owned in substantial pelt by persona residing in the project areas shall be
warded 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 minorityfoomeu-owned business enterprises of
supplies and services, and provide these sources the maximum feasible opportunity to compete for
contracts to be perfertned pursuant to this Agreement. To the maximum extent feasible, these small
business and minority /women owned business enterprises shall be located in or owned by residents of
the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of be beneficiaries of a project funded through this Agreement
must be low- and moderator income persons. If the project is located in an entitlement city, as defined
by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or in
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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° ofthis Agreement.
D. CONFLICT OF INTEREST
The SUBRECBtENT covenants that no portion who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in
the target areas or any parcels therein, which would conflict in any manner or degree with the
performance of this Agreement and that no person having any conflict of interest shall be employed by
or subcontracted by the SUBRECTU NT. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this
paragraph shall be interpreted in such a merest so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation of low and
moderate - income residents of the project target area
E. PUBLIC ENTITY GNOMES
As provided in § 257.133, Fla_ Star by entering into this Agreement or performing any work in
furtherance hereo[ the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
resultants who will perform hereunder, have net been placed on me convicted vendor list maintained
by the State of Florida Department of Management Settlers within the 36 months immediately
preceding the date hereof, This notice is required by ( 287.133 (3)(a), Fla. Star
^ F. DRUG -FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify Nat it will provide drug free workplaces in accordance with
the Drug Free Workplace Act of 1988 (41 USC 901).
The undersigned certifies, to the beat of his or her knowledge and belief, ldnL
I. 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, Rise making of any Federal grant, the making or any Federal loan, Ne 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 my feuds 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 employee of a
Member of Congress in wrma ton wild this Federal contract, loan, or
Adinm m.B err mr
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cooperative agreement the undersigned shall complete and submit Standard Form -LLL, ..
"Disclosure Tom, to Report lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
ward documents for all sub - awards at all tiers (including subcontracts, sub - gran,
onsets under grants, loans, and ooperaove agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
H. REAL PROPERTY
Any real primary 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 CPR 24.101, shall be subject to the
provisions of CDBG including, but not limited to, the provisions on use and disposition of property.
Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part
with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CPR 570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the fallowing requirements:
1. Clean Air Act, 41 USC 7401, et req.
1 Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1993 (42 USC
4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as
hiring special flood hazards, flood insurance under the National Flood Insurance Program 15 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 dodo insurance
C. LEAD -BASED PAINT
The SUBRECIPIENT agrees that any construction or rehabilitation of residential 5womres
with assistance provided under this contract shall be subject to HUD Lead -Based Palm Poisoning
Prevention Act found at 24 CFR 570508,
D. HISTORIC PRESERVATION
The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth
in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical
Properties.
Adwe Cwum, me
udom TBRA COS,.,
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X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primaNy religious
organizations. Section 24 CFR 570.2000) specifics the limitations on CDBG funds.
XI. REVERSION OF ASSETS
Upon expiration of me Agreement, the SUBRECIPIENT shall transfer to the COUNTY any
CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of
CDBG funds, and any nomexperchdam peta0rul property that was purchased with CDBG funds. Any
real property under SUBRECIPIENT control will be covered by the regulations 24 CFR
590.503(13)(8).
XIL SEVERABILITV
Should my provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not off= the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such countermen; will constione one and the same instrument
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
onstimtes the entire understanding. The parties hereby acknowledge that them have been and are no
reformulations, warranties, covenants, or undenakigs other than more expressly set form herein.
which COse 2r the
IIOb1E TBM Pmgem
2011 union (Cut 108) Page ISof28
Father Page-185(d
10/2512011 Item 16.D.2.
10/252011 Item 16.D.2.
EXHIBIT "A'
SCOPE OF SERVICES
COLLIER COUNTY HOUSING AUTHORITY, INC.
Administration Costs of the
Tenant Based Rental Assistance (TBRA) Program
A. PROJECT SCOPE:
On July 26, 2011, the BCC approved the HUD Action Plan allocating Community
Development Block Grant (CDBG) bonding for this initiative. This CDBG flooding will be
used for the Administrative Costs associated with the Tenant Based Rental Assistance (TBRA)
Program which will provide assistance to a minimum of forty (40) householdepesons.
In the Action Plan for this program the intended outcome of this CDBG funding is m provide
assistance for the administration costs of the Tenant Based Rental Program which the Housing
Authority administers. The amount of THIRTY THOUSAND DOLLARS AND NO CENTS
(530,000) will be utilized with this funding for salaries, and benefits.
^ The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to provide safe, decent, affordable housing.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing Th'rtv Thousand Dollars
and no OOt100 (S30.000.00) in CDBG funding for the project aeepe returned above.
Line Item Description CDBG Funds
Salaries &Benefits
TARA Administration $ 30,000.00
TOTAL 530,000.00
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.
Ad, Cwn ml ffie
Home reap emsam
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10/25/2011 Item 16.D.2.
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
Dn[e Shrf
Date End
Work Plan
10/2011
102012
Perform administration functions lot me HOME TBRA
Program
10 /JAI1
102012
iovwitn sthrougeTBRA and
oilWancothmugh
Dcmovstrurity&i
utility TDBA
rwml,security &utility
payment requests
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Staff to administer the TBRA
program
Upon monthly invoicing of allowable
expenses up to $30,000
Admen con. crm.
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EXHIBIT -A-1-
CHANGE BY LETTER
"A
COLLIER
COUNTY GOVEH
Home, and Van nEery ion
Lxr Nem e Coliry Annually
NAPLES, FLORIDA Zip code
PHONE: (259) Phone
Date FAX (239) Fee B
Conran Name
Name of Firm
Add....
RE: Zoo Behar Comi Change Notification
Re: Conned R mtl Title of Common
Fortune
Purchase Order
Dear Clean Name:
By copy of in,, Into, the above referenced emnoun being Issued a z,m dollar ($HOO) change as Ind'maled bef,,
r The above mlamadw men time is Tali Cumbi by Number of days Tmi day. The new completion dare
,hell be Or mbefore month and all Yen,.
By emending tb'n Neon, the County Is not thieving your firm of Its able viola to pcAem: work In mely and
ia(Smi mi or any consequences rout from falling to do an Color County hereby reserves all legal noire
ncluding, bat not limited du lights to terminate au,p,,d or elect any other appmpnam coevcf) of lion should
ownsanasuartant whh Pero tha observed could.
r
Additbnel 5mfing Cmegones ProRSS'onal POritio(,) Hourly Rams)
r Dow agvn.I Arde nce(spedry Abuse" title and idenh'fs spem'fm'items ad quanwire)
r Other Scope Ga finanons re midel din Schedule B 1, L(Cmdcatios in SCOW, Mora edt.
Sinwrey,
You e
Title
cc. Contract SpeelnlinNotion' COn n Speciatl.tt, 1`1111,1,119 D m
epannee
Samuel Marks, Clerk's Gram, Department
All ten, ter the
ROME LEA Pmgtam
2011 CDDC (cou 108) Pope 19of28
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10/25/2011 Item 16.D.2.
EXHIBIT °B^ ^
INSURANCE REOUIREMENTS
The SUBRECIPIENT shall fumish to Collier County, on Housing, Human and Veteran
Servleea Depaemenq 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificates)
of Insurance evidencing insurance coverage that meets the re tuiremen¢ as outlined below:
I. Workers' Compensstion as required by Chapter 440. Florida S[mures.
2, Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily injury and Property Damage. Collier County must be shown as An
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used
in mection with this contract in an amount not less than $300,000 par occurrence for combined
Bodily Injury and Properly Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 -3 above, a Certificate of Insurance must be provided
as follow o
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 sus which the SUBRECIPIENT and/or the design professional shall
become m
legally obligated to pay as damages [To claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUIR ECE'IENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is
Issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 —4 above, the SUBRECIPENT shall provide or
cause its Subcontractors to provide original policies indicating the fallowing types of insurance
coverage prior to any construction.
Completed Value Builder's Risk Insurance on an All Risk° basis in an amount not less
Nan one hundred (100 %) percent of the insurable value of me buildmg(s) or smsmre(s). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance Shall be provided for those properties found to be within a Flood hmard
zone, in an punt not less than the NII replace values of the completed structure(s) or the maximum
cunt of coverage available through the National flood Insurance Program (NIFT), whichever is
greater. The policy will show Collier County as a Loss Payee A.T.1.M.A. This policy will be provided
as such time that he buildings' wal is and roof exist.
OPERATIONATTAGENPNT PHASE (IF APPI.I ABLE)
Ad,,, CwE.IF, us
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After the Construction Phase is completed and occupancy begins, the following insurance most
be kept in force throughout the duration of me loan and/or Contract
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury, and Properly damage. Collier County must be shown as an additional insured
with respect to this coverage.
81 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 LM A.
9. Flood Insurance coverage for those properties found to be within a Flood hazard zone
for the full replacement values of the snudure(s) or the maximum amount of coverage available
through the National Flood insurance Program (NPIP). The policy must show Collier County as a
Loss PayeeA.T.I.M.A-
n teas
Home innA empram
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10/25/2011 Item 16.D.2.
EXHIBIT ^C' ^
ADDITIONAL CDBG GRANT REOEIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
n
HOME r
TB RA Ten. e, "ea,,,
zuu conelcou -oei Page 22 of 28
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10/25/2011 Item 16.D.2.
EXHIBIT ^D"
REOUIRED SUBMITTALS
D -1
Request for Payment
D -la
Release and Affidavit Form
D -2
CDBG Monthly Progress Report
Ad,, cons m,me
HOME TeRA PmMmm
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10125/2011 Item 16.D.2.
SCHEDULE "DID"
^
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I, REQUEST FOR PAYMENT
Subreeipient Names Collier County H nv Authority
Subrecipient Address: 1800 Famarevorkers Way. Immokalee
FL 34142
Pirudd Namw Administration Costs for did TBRA Prouram
Pri No CD11 -08 Payment RequestM
Dollar Amount Requested: 5
SECTION II: STATUS OF FUNDS
1. Grant. Amount .Awarded
$ S30,00
2. Sum of Past Claims Paid on this Account
3. Total Awarded Less Sum
OCPast Claims Paid On this Amount
Past Clams Paid
$ �
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Awarded
Less of reques(InitialGrantAmouvt
Less Sum o[ e1I requests)
$
1 certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and u4 as the SUBRECTIENT. l also certify that
me amount of the Request for Payment is not in excess of current needs.
Signature Date
Title
Authonzing Grant Coordinator
Supervisor (approval authority under $14,999)
Dclat Director (approval required $15,000 and above)
caws, a",w rbrmr
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SCHEDULE -D-la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT rectifies for itself and its subcontractors, material men, successom and
assigns, that all charges forlabor, materials, supplies, lands, licenses and other expanses for which
COUNTY might be sued or for wblab 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.
SLBRECIPIENT
Witness: BY
Print name and title
STATEOF
COUNTYOF
The foregoing instrument was acknowledged before me this day of
2009, by as of
A Choose Not- For -Pmfip or Corporation or Municipality on bebalfof
Choose Nat- For - Profit, Corporation or Municipality . Hdshe is personally known 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, Slate of
Commission No
+omt m Caeu f,, ma
QTBPArmymn
2011 COac(CroI Wo Page 25of28
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10/25/2011 Item 16.D.2.
SCHEDULE 'Dl
CDRG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human and Veteran Service's smffby
the loa of the following rool
Status Report for Memo of Submittal Date:
Project Number CDIO -XX Activity Number XXX
Telephone tax:
E -mail:
1. Activity Status/Milumnes(describe any action taken, relating to this prance, during
me past month):
2. What eventslactions are scheduled for the next two months!
J. 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.
J. 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):
Adll Curtnt ro. rim
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10/25/2011 Item 16.D.2.
Name of Contractor or
Subcontractor, Address
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
Fall ry
(see deHnc; oLs
ou following
ETU,i�rj umber of
2xlmmely
Very
E
page)
page)
seholds nr
Low Income
Inwm
Household
For projects that serve a particular Hientulo 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 hendfits households or persons. Please circle one territory brother
" honseholds" or "personz'3. Enter the number ofbeneficiaries in the blank space and in Box J.
INCOME
Of the households or persona assisted, am momenely low -income income (oao %)ofthe
cument Median Family income (ART Enter this number in Box' 3"
Of the households or persons assisted, vary low-income (31-50%) of the current
Median Family Income (MFA Enter this number in Box "3. '
Ofthese households orpersons assisted, —are low-income (51- 80 %)oftheiurreut Median
Family Income (MFG. Enter this number in Box "4."
NOTE: The total of Boxes 2,3 and )should equalehe number in Box 1.
FEMALE HEAD OF HOUSEHOLD
Then project assisted Female Head of Households REGARDLESS of income. Enter this
umber inbox "5' below.
OXI
BOX2
OX3
BOX
ETU,i�rj umber of
2xlmmely
Very
E
F
Female Head of
seholds nr
Low Income
Inwm
Household
Ad", Coos RVM1e
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m11 CING[ni wet Page 27of28
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10/2512011 Item 16.D.2.
Persona Assisted (b -30%) (9I -50%7
sb reciplent's nmes; indicate hostal b f' frRece AND EtM1nicity
Definitions of Race:
White: A pension having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
Black or AMcan- American: A person having origins in any of the black racial groups of Africa.
Asian: A pecan having roams in any of the original peoples of Far East, Southeast Asa o
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 perm having origins in any offhe original peoples of NoM
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 onguld people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Cation A person of Cuban Mexican, Puerto Rican, South or Central American, or �..�
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race
#Total
#H's av
African American
n Indian or Alaskan Native
awaiian or Other Pacific Islander
n IadiarvAlaska Native and White
*Black/Affican
d White
Biean American andWhite
n Indian/Alaskan Native and B laek/AGican American
ulti- Racial
TOTAL:
na so coal many
HOME ran 0Pmw,-
cDHG(Coiws) Page 28of28
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10/25/2011 Item 16.D.2.
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
IMMOKALEE CRA- CROSSWALKS
Catalog of Federal Domestic Assistance# 14218
HUD Grant # B-11 -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 "Collin County Community
Redevelopment Agency (CRA) -br mokalee,' a public entity created by Collier County pursuant to
Chapter 163, Florida StaNtes "having its principal office at 1320 N Lath Street, Unit 1, Immokaled FL
34142, and its Federal Tan Identification number as 59- 6000558 and DUNS #, 0)6995]90
CSUBRECIPIENT').
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 contain areas of Collier County, pursuant to Title I
of the Housing and Community Development Act of 1954 (as amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to
pnmarily benefit low and moderate income Persons and neighborhoods and to alternatively use
Community Development Block Grant (CDBG) Ponds for slum or blight treatment or for an urgent
commonly need; to improve the quality of life in Collier County by providing infrastructure
improvements, public facilities, and other activities which me related to neighembood /community
improvements; to improve the condition of life for persons who require physical access or other
services that mete their individual needs; and to provide for long range community improvements by
assessing current conditions and planning long range improvement programs as described in the
Consolidated Plan submission; and
WHEREAS, the Board of County Commissioners of Collier County approved TO Fiscal Year
2011 to Fiscal Year 2016 Collier County Five -Year Consolidated Plan and One Year Action Plan
for Federal Fiscal Year 20I 1 -2012 for the CDBG Program with Resolution 2011 -136 on July 26, 2011 -
Agenda Item IPH; and
WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated
Plan — Gutzon Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and
WHEREAS, HUD has approved me County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in Exhibit "A" ofthis Agreement, in accord with the approved Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRBCIPIENT to implement such
^ undertakings of the CDBG Program as a valid and worthwhile County purpose.
Immoka"Cmi Cm, 0, AS
2011 CDBG s7mi ro ttgtru Page Iof28
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10/25/2011 Item I&D.2.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein ^
sentenced, it is agreed by the Patties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, ids authorized
representative(s)
(B) "CDBG" means the Community Development Block Grant Program.
(C) " HHVS" means Collier County Department of Housing, Human and Vernon Services.
(D) "HHVS 's Approval" means the wriRCn approval of the Department of Housing, Human
and Veteran Services or dasignw.
(E) "SUBRECIPIENT' means Collier County Community Redevelopment Atrocity
(CRA) — Immokalte
H) "HUD" means the U S. Department of Housing and Urban Development or a person
authorized to act on its behalf
(0) "LOW and moderate income persons' means the definition set by HUD.
(H) 'Rrojecf'means the work to be performed as set forth in Exhibit "A"
IL SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "AP
HF. TIME OF PERFORMANCE
The effective dare of the Agreement between Collier Counts Community Redevelopment
Agency (CRA) - Immokales, and Collier County shall be October 25, 2011. The services of due
SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All
services required hereunder shall be completed by the SUBRECIPIENT prior to October 25, 2012.
Any funds not obligated by the expiration date of this Agreement shall aopmatiwlly revert to the
COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by Ae COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed ONE HUNDRED FORTY THOUSAND
AND 00 /100 DOLLARS (U.S. $100,000) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees,
or shall be put out to competitive bidding under a Fmcedura acceptable to the COUNTY and Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
mAA,i Cans1ormxlks
2011 C)B0(C)l ins) Plim Paget 2of28
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10/25/2011 Item 16.D.2.
The County shall reimburse me SUBRECTIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but, not more frequently than once per month. Payment will be made
upon receipt of a Roper invoice and in compliance with $ 218.70, Fla Shn, 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 3339 E Tamiami Trail, Suite 211, Naples, Florida 34112, and
to fire SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this
Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHVS Policies and
Procedures memoranda.
r-� 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 parlicipanug in aids covered transaction.
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
The SEBRECNIEN I agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal got contents, including, but not limited to
1. 24 CFA 570, as amended - The regulations goveoing the expenditure of Community
Development Block Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the P viremuental Review procedure,
mokeieecaALm make
2011 CDDU (CD1 cos) Pam Page 3of28
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3. Title VT of the 1964 Civil Rights Act, 42 USC § 200(x, et. seq.
4, 24 CPR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
5. Executive Order 11246 ("Equal Employment Opportunity'), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972.42 USC § 20001 R. seq.
7. 24 CPR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as emended.
8. Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USE 327 -332,
10. Section 504 of me Rehabilitation Act of 1973, 29 USC 776(6)(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CPR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages .
and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis Bacon Act HUD Tom 4010 must be included in all construction contacts
funded by CDBG. (See 42 USC 276a and 24 CPR 135A HN).
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 Contacts.
15. Public Law 100430- me Pair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
I8. 24 CPR 84 - Uniform Administrative Requirements for Cramer and Agreements with
Institutions of Higher Education, Hospitals and Other Non Profit Organizations.
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19. 24 CPR 85- Common Administrative Requirements for Ganes and Agreements m Start
and Imenl Gas commerce.
20. Immigration Region and Control Act of 1986 as located at 8 USC 1324, et eel and
regulations relating therein. Failure by the SUBRECIPIENT to comply wilt 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, Flat raa Stamees.
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 many County employee, as set forth in Chapter 112, Part Ill, Florida Statutes,
Collier County Ethics Ordinance No. 2004 -05, as amended, and Cowry Administrative
Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among lee terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except me terns 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 Pre Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contact Teamsters upon the Contractor at
Owner's discretion.
24. Venue- Any suit or action brought by either party to this Agreement against the ether
puny relating to or brain. out of this Agreement must be brought in the appropriate
federal or sate 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 amended by
representatives of SUBRECTIENT 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 officinal. Failing resolution, and prior to the
confloaccionarrit 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
gam -upon Circuit Court Mediator acetified by the State of Florida The mediation
shall be amended by representatives of SUBRECIPIENT with full decismer - making
authority and by COUNTY'S staff person who would make the presentation of any
settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
ordernequiriug mediation order § 44.102, Fla. Seat.
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26. The DEVELOPER/SPONSOR shall comply with Section 3 of the Housing and
Community Development Act of 1968, as amended, 12 US C. 170lu (section 3).
Section 3 of the HUD Act of 1968 requires, to the greatest extent feasible, that
recipients of HUD funds (and their contractors and subcontractors) provide jobs and
other economic opportunities to low -boome persons, particularly public housing
residents. Section 3 helps create employment for low- income persons and provides
contracting opportunities for businesses that are owned by low- income people or that
provide employment to low- income people. Contract administration shall be handled
by the DEVELOPER' SPONSOR and monitored by the COUNTY, which shall have
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 HHV S for its review and approval, which will Specifically include a determination
of compliance with theterms of the attached Scope of Services set form In Exhibit 'A'
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimuna standards as established by the Collier County Pumbasiag 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 written approval of the ^
HHV S or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by wintan agreement
executed by the governing boards of both parties, except that County representanx e(s) may approve
adjustments between line item amounts, scope clarifications, or an extension of time and schedule that
do not change me project, or exceed the amount model by me County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifiations are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and
hold formless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
used 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 command to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of Collier
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County. The foregoing indemnification shall not constitute waiver of ievereign immunity beyond me
limits set forth in Section '68.28, Florida Sai
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a
good faith effort to recognize HHVS' support for all activities made possible with Ponds made
available weer this Agreement The SUBRECIPIENT will mount a temporary construction sign for
projects funded by HHVS. This design concept is intended to disseminate key information regarding
the development team as well as Equal Housing Opportunity ro the general public. The concoction
sign shall comply with applicable County assay.
H. TERMINATION
In event of termination for any of the reasons identified in subsections 1 -3 m 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 renamed 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 virue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any current to cite
SUBRECIPIENT for set -off purposes =mil such time as the exact amount of damages due to me
COUNTY from the SUBRECIPIENT is determined.
If through any cause either party shall fail to finfill in lamely and proper manner its obligations
under this Agreement, or if either party shall violate any of the envenoms, agreements, or stipulations
of this Agreement, either party shall thereupon have the right In terminate this Agreement in whole or
part by giving ecru m notice of such termination to the other party and specifying therein the effective
date of termination. (See 24 CPR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time dude, the term of this Agreement, either party may, at its option and for any
reassam, 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 day
Agreement through and including the date of termination. (See 24 CUR 85.44.)
3. TERMINATION DOE TO CESSATION
In the event the grant to the COUNTY under Tide I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended
or terminated effective on the date that HUD specifies.
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L INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in line amounts described herein and further set forth in Exhibit
"B" to this Agreement
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit °B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this
contact 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 commerce is
received within the specified period but not in the manner prescribed in these requirements, the
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a connected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the matmer
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the
contract.
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its �.
employees are not Collier County employees and arc not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
VII. ADMINISTRATIVEREODIREMENTS
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 prostitutes required
therein, utilize adequate Internal consols, and maintain oemssary source documentation for all costs
recurred.
I. The SUBRECIPIENT shall maintain all records required by CDBG.
_. 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 COLNTY by the SUBRECIPIENT at
any time upon request by the COUNrY or HHVS. Upon completion of all work ^
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contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHVS if mgnested. In any event the
SUBRECIPIENT shall keep all documents and records for six (6) years after expiration
of this Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBEMIBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570502, 507, and 92 (3)(vi).
4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS
riddling 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 pan or in
whole, and which is required in fulfillment of their obligations regarding the Project.
The progress reports shall be submitted on the fort Exhibit TD," Schedule'D -2 "
5. The SUBRECIPIENT shall maintain species 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 me 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 indheer 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
ofprocessin reimbursement requests for ongoing activities or in the forFimreof 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 Ouidelines.
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 tins association, and on the resolution ofmoui cring or audit findings identified pursuant to
this Agreement.
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The SUBRECIPIENT agrees that HHVS will arty out periodic monitoring and evaluation activities as ^
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required
by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL A01 JMNG HUMAN AND VETERAN SERVICES COUNTY. AND
HUD REQUIREMENTS
The SUBRECMIENT agrees to utilize Ponds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
E. WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement,
(2) All capital equipment expenditures of$1,000 or more;
(3) All out -of -town travel (travel shall be combursed in accordance with Chapter
112,F1a. Stan unless otherwise required by CDBG);
(4) All change ounces;
(5) All requests to utilize uncommitted Ponds after the expiration of this agreement
for propounds described in Exhibit W; and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or ^
cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
under or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A -122, 24 CUR Part 84, and 24 CFR Part 85.
1. !Jon -profil organizations that expend 5500,000 or more annually in fedeal
wards shall have a single or program specific audit conducted for that year in
accordance with OMB A -133. Non -profit organizations expending federal
wards of $500,000 or more under only one federal program may elect to have a
program specific audit performed in accordance with OMB A -133.
2. Nonprofit organizations that expend less than $500,000 annually in federal
wards shall be exempt from an audit conducted in accordance with OMB A-
133, although their records must be available for review (rag-, 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 ^
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in accordance with federal laws and regulations governing the program in which
they participate.
3. When the requirements of OMB A -133 apply, or when the SUBRECIPIENT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by
dwSUBRUECTIENT
months ll copy of the 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
OMB A -133 do not apply or are not elected, fie SUBRECIPIENT may choose
Ed have an audit perfotmcd either on the basis of the SUBRECIPIENT's fiscal
year re or
on the basis of the period during which HHVS -federal assistance has
been twelve Its either case, each audit shall cover a time period c not more
than twelve months and an audit shall be submitted con act has each assisted
period until all the adhere received from this contract has been reported.
Each audit shall adhere to all other
services audit standards p OMB A-133,
to the as these may
be limited m cover only those services undertaken pursuant m the later a this
conchs llcopy ofthe audit report must be received by HHVS no later iFan 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
auRCiently and properly reflect all revenues and expenditures of funds ded
pro
directly onndirecrly by the County pursuant to the canna 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 pan by
Ponds provided hereunder must he reported to HHVS. Such income would include, but not be limited
m, income from service Ices, sale of commodities, and rental or usage fees. The SUBRECIPIENT
shall report in plan to utilize such income to HIIVS, and said plan shall require the wmien approval of
HHVS or its designee Accounting and disbursement of such income shall comply with OMB Circular
A -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations
incorporated herein by reference.
Program Income, as defined by 24 CFR 590500(a), may be retained by the COUNTY.
Program Income shall be utilized to undertake activities specified in Exhibit "A" of this Agreement,
and all provisions of this Apartment shall apply to stated activities. Any Program Income received by
the SUBRECWMNT or its subcontractors shall be returned to the COUNTY unless the
SUBRECIPIENT requests and is authorized by ml to utilize uncommitted funds.
f GRANT CLOSEOUT PROCEDURES
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SUBRECIPIENT's obligation to the COUNTY Shall not end until all closeout requirements are ^
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the term of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records.
VIII. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIME LF agrees that no person shall be excluded from be benefits of, or be
subjected m, 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 me right to terminate this Agreement.
To the greatest extent feasible, lower income residents of the p ject states shall be given
opportunities for training and employment, and to the greatest feasible extent eligible business
concems located in or owned in substantial pan by persons residing in the project areas shall be
warded 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 SUBRECIFIENT shall
make a positive effort to utilize small business and mmmrityiwomenmened business enterprises of
supplies and services, and provide these sources the maximum feasible opportunity to compete 1'or
convects to be performed parsuant to this Agreement. To the maximum extent feasible, these small
business and sommity/womavbwned business enterprises shall be located in or awned by residents of
the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
C, PROGRAM BENEFICIARIES
At least fifty one percent (51 %) of the beneficiaries of project funded [hough 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, mom than thirty percent (30 %) of the beneficiaries
directly assisted under Ibis Agreement must reside in unincorporated Collie County or
municipalities participating in the Count) s Urban County Qualification Program. The project shall
assist beneficiaries as defined above for the time period designated in Exhibit W' ofthis Agreement.
D. CONFLICT OF INTEREST
The SUBRECIPIBNT covenants that no person who presently ex env fractions or
responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in
the target areas or any parcels maxim, which would conflict in any manner or degree with the r,
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performance of this Agreement and that no person having any conflict of interest shall be employed by
or subcontracted by the SUBRECTIENT Any possible conflict of interest on the pan of the
SUBRECIPTENT or its employees shall be disclosed in writing to HHVS provided, however, that thus
paragraph shall be interpreted in such s not to unreasonably impede the statutory domain as
requirement that maximum opportunity be provided for employment of and Participation of low and
moderate- income residents of the project target area.
E. PUBLIC ENTITY CRIMES
As provided in § 287.133, Faa. Star by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIBNT 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 § 2ST133 (3)(a), Fla. Star
The SL BRECIPIENT must sanity that it will provide drug -free workplaces in accordance with
the Doug-Free Workplace Act of 1988 (41 USC201).
G. CERTIFICATION REGARDING f ORRVINO
The undersigned certifies, to the best of his or her knowledge and belief, that
1. No Federal appropriated Ponds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or sampling 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 fiords 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 n 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 me instructions.
3. The undersigned shall require that the language of this certification be imduded in the
award documents for all sub- awards at all tiers (including subcontracts, sub- grants,
enacts under Rivals, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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H. REALPROPERTY
Any reel property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COIINTY in accordance with the Uniform Ridenour Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CPA 24.101, shall be subject to the
provisions of CDBG including, but not limited to, the provisions on use and disposition of property.
Any real property within the SUBRECTIENT control, which is acquired or improved in whole or pan
with CDBG funds in excess or 525,000, most adhereto the CDBG Regulations at 24 CPR 5]0.505.
IN ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements.
1. Clean Air Act, 41 USC 7401, at seq.
_. Federal Water Pollution Control Act, 33 USC 1251, it say, as emended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Divencr Protection Act of 1973 (42 USC
4002), tm SUBRECIPIENT shall assure that for activities located in an area identified by TEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained If appropriare, a letter of map amendment L OMA) may be obtained from TEMA,
which would satisfy this requirement and /or reduce the cost of said flood insurance.
C. LEAD-BASED PAINT
The SUBRECIPIENT agrees that any conavucdon or rehabilitation of residential structures
with asaismnoe provided under this contract shall be subject to HUD Lead -Based Paint Poisoning
Prevention Act found at 24 CFR 570.608.
D. HISTORIC PRESERVA'LION
The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set both in
the National Historic Preservation Act of 1966, as amended (16 USC 490) and the procedures set Toth
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
izations. Section 24 CPR 590.2000) specifics the limitations on CDBO funds.
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XI. REVERSION OF ASSETS
Upon expiration of He Agreement, the SUBRECIPIEJT shall transfer to the COUNTY any
CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of
CDBG funds, and any nomexpendable personal property Nat was purchased arm CDBG funds. Any
real property Ruder SUBRECIPIENT control will be covered by the regulations 24 CUR
510.503(B)(8),
XH. SEVERABILITY
Should any provision of Ne Agreement be determined to be uo mmuses able or invalid, such a
determination shall not affect the ralidity, or enforceability of any other section or part Hereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -eight (28) enumermed pages, which Nclude He exhibits
referenced herein, shall be executed in me (2) nominations, 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 my prior agreements, if any, between the parties and
constitutes the entire understanding. The parties hereby acknowledge Nat there have been and are no
representations, warranties, covenants, or undertakings other than Hose expressly set ford herein.
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IN WITNESS WHEREOF, the Subrecipient end the Cowty, Rave each, respectively, by an authorized
person or agent hereunder set their bends and.scals on this day of
zo_
ATTEST: BOARD OF COUR COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNT', FLORIDA
By:
FRED W. COl'I.E, CHAIRMAN
Deter:
(SEAL)
First Witness Collier County Community Redevelopment Agency
(CRA)ImmolWee
By:
Subrecipient Sigrumre
Type /Print ximcss name lion Colette. Chairman Collier County
Comm�nN Redevelopment Aerncv
Ty
pefprint Subrecipient Sarno and title
S=rs! Witness
Typc/pnor oitnessn� a Approved�ss to�foyrm and legal sufficiency:
Iewife Whife
Assistant County Anorret
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EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDE VELOPMENTA GENCY (CRd) IMMOKALEE
Immokalee CRA- Crosswalk Upgrades
A. PROJECT SCOPE:
On July 26, 2011, to BCC approved the HUD Action Plan allocating fording for this
initiative. Community Development Block Grant ( CDBG)binding will be used to upgrade six
(6) existing crosswalks along South First Street to In Pavement Flashing Lights Crosswalk
Warning System ( "Flashing Crosswalk "), in addition, the CRA is making enhancements to the
two "midblock" crosswalks along Main Street (State Read 29) with same or similar upgrades
as on South First Street, as per the Action Plan.
The Immokalee CRA realizes that there is a very strong community education component tied
to the overall success of the crosswalk upgrade in these amas. This will be accomplished via
public workshops before and after implementation of the subject project. These
workshops will be conducted in English. Spanish and Couple.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective of low and moderate income area benefit.
The detailed project scope will be contained in the bid specifications of me contractor awarded
the project's contract. The project construction contract will include details sufficient to
document to number, amount, and costs associated with all activities. The Immokalee CRA
Manager will manage each step of the project.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing One Hundred Fort v
Thousand. Dollars and 00,100 H1140,00000 in CDBG funding for the project scope described
above.
Line Item Description CDBG Funds
Crosswalk Upgrades $140,000.00
TOTAL $140,000.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Adminisnative Procedures in effect at to time such modifications are authorized.
mmeuvlc cnALIlosaks
Boll soon (CD I ors) Frorw Page 17of28
Packet Page 1886
10125/2011 Item 16.D.2.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
Date Start
Date End
Work Plen
101011
012012
BeglnProwrement vie @e Purchasing Deparnnent for the
Desi�NAnaI sis Services
102011
012012
Award Contracgs)
102011
03/2012
Condoot Traffic/Pedcstrian Analysts
10/2011
012012
Design Impmvemenrs
10/2011
092012
Obtain Pemdts
10/2011
07/2012
CovduetProcmement for IDStellution Service
1012011
08/2012
Award Contract(s)
102011
69/2012
Begin Crosswalk Installation and associated activities
102011
102012
Complete installation ofmosswalka
Final Inspections (ifa livable
102011
10/2012
Completion ofPollow -up Impact Analysis and project
closeout
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule
Deliverable
Payment Svheit
Upgrades to eighge)
Upon monthly invoices percommmom schedule of
walks in lmmokulee,
values
FLSs
CRA
b
2011 cost tCm l 05) V,qm PaaeISnf28
Packet Page 1981-
10/25/2011 Item 16.D.2.
/v EXHIBIT -A-l"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier CO Human and yeeran$eevm User Name
Publie Services Mind Address
NAPLES, FLORIDA Zip ad,
PRONE: (239) Phone a
Dart FAX (139) ldi
Cabinet Name
Name of such
Address
RE: Zara Dollar Constar Change artificial,
He Contract a and Title of Contract
Project
Purchase Order#
By mi Ifdus lenm, [be abwcmfempaid comremis bn'ng Ismrd auxo dollar (10.00) charge 11 [ndiraed below
F The ffiwe aftrenttd contract nmc is hereby extended by Number of does nalrndar days. The new nompinloo dam
shall be on or before month end state, Year
By ,leading this mmrecl, the Cowb la not coring yoof fmm of is continuum to perform work in a lmely and
sachicmry manner or any w. concepts heading from (slang to do so. Collier Commy hereby mttrves all legal tlgM;
iw'lud a, bra not limned m right' to modMon, suspend or start any cthe, appropriate courses) of aznoo shooed
circumstances warrant and regard to the offerabi cantmu
r
naaluanal Staffing CSmgadcx Puri eaalann(a) xaaar xmga)
r Draw against Allol(aryvry allowance han m idearfy apamd items amend quantnlm)
r Other Scope Clmm,anons as midemilir lnsch dwnA 1, "Claclenions in $rape ", parmhwL
s nemry,
Your e
Ade
oa. ContractSpeeimet Name Comrea Specialist, Purchasing Dopanmwt
Income Bmthby, (ped'a Onn6 Dcpanmwt
ohala C RA-Goclak,
2011 Clam BT1305) Emi Page 19of28
Packet Page -1882-
10/25/2011 Item 16.D.2.
EXHIBIT "B" ^
INSURANCE BEOUIREMENTS
The SUBRECIPIENT shall fumish to Collier County, c/o Housing, Human and Veteran
Senesces Department. 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Ce tifcate(s)
of Insurance evidencing insurance coverage that meets the requirements as outlined below:
L Workers' Compensation as required by Chapter 440, Cut ider Statutes.
_. Public Liability Insurance on a comprehensive basis in an amount no less than 5300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non owtied and hired vehicles used
in connection with this contract in an amount not less than S300,000 per occurrence for combined
Bodily htjury and Property Damage.
DESIGN STAGE (IF APPLIGm£)
In addition to the insurance required in I —3 above, a Certificate of Insurance must be pros -0ded
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT iv an eant not less than $300,000 per ^
occurrence providing for all sums which the SUBRECIPENT and/or the design professional shall
become legally obligated to pay as damages fro claims arising out of the services Performed by the
SUBRECIPIENT or any proven employed by the SUBRECIPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certitieate of Occupancy is
Issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any concoction:
5. Completed Value Builder's Risk Insurance on an 'kit Risk' basis in an amount not less
than one hundred (100 %) percent of the insurable value of the buildingby or suueture(S). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for lose properties found to be within a flood hazard
zone, in an aunt not less than the lull replace values of the completed summands) or the maximum
aunt 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.LM.A. This policy will be provided
as such time that he buildings' walls and roofcxist.
OPERATION /MAFAGFMENT Pit ASS (IF APPLICABLE)
Immoh1mCR4 Cme,lka
2011 CDBG lent 1-05)rntim Page20of28
Packet Page -1883-
10/25/2011 Item 16.D.2.
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of due loan and /or Contract
9, Public Liability coverage in an amount not less than $1,000.000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss
Payee with respect to this coverage A LM.A.
9. Flood Insurance coverage for Nose properties found to be within a flood hazard zone
for Be full replacement values of the strucNre(s) or me maximum amount of coverage available
through the National Flood insurance Program (NFIP). The policy must show Collier County as a
Loss Payee A.T1MA.
11"Aaw CRALmnwvlk5
2011 COnc (CD I wsl Fraw Page 21of28
Packet Page 18"
10125/2011 Item 16.D.2.
EXHIBIT "C' ^
ADDITIONAL CDBG GRANT REOUIREMENTS
Enter addit omd requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
lk,
2011 wa CDUG(rn 11 -09P'01"1 Pace 220f28
Packet Page -1885
10/25/2011 Item 16.D.2.
EXHIBIT 'De
REOUIRED SUBMITTALS
D -1
Relustfor Payment
D -la
Release and Affidavit Form
D -E
CDBG Monthly Progress Report
wMAdwC A.Cmsswak5
2011 cnna<CD1 wn Pmjeo Page 23of28
Packet Page -18g6-
10/25/2011 Item 16.D.2.
SCHEDULE °Dl" ^
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION 1, REOUEST FOR PAYMENT
Subreeipient Name: Community Redioodoemocnit A (CRA) Immokalee
SubrApient Address: 1320N 15" Screci, Unit 1, lmmokaue PL 34142
Project Nama: Immokalee CRA Crosswalks
Projouldic CDII -05 Payment Request
Dollar Amount Requested: $
1. Grant Amount Awarded
$ 140,000
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $ �
4. Amount of Pre; tons Unpaid Requests
5
S. Amount of Today's Request
6. Concert Grant Balance (Initial Grant Amount Awarded
Lass Sum of a ll
requests) $
I certify that this formed for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUDRECTIENT. I also certify Nat
the amount of the Request for Payment is not in excess ofcutrern needs.
Date
Tide
Authorizing Grant Coordinator
Supervim (approval authority under $14,999)
D pt Director (approval required $15,000 and above)
mokolceCPA -Cm,m lks
2011 CDSC tom wD V,y.a Page 24of28
Packet Page 1887-
10/25/2011 Item 16.D.2.
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,
box been satisfied and paid.
This Release and Affidavit is -Ivan in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
SUBRECIPIENT
Witness: BY
DATE:
Print name and title
STATEOF
COUNTY OF
The foregoing instmment w'as acknowledged before me this day of
2609, by ' as of
A Choose Not -For Profit, or Corporation or Municipality on behalf of
Choose Not -For Profit, Corporation or Municipality . He/She is personally known to me OR has
produced _ as identification and who did (did not) take an oath.
My Commission Expires
(Signature)
Name:
(Legibly Pureed)
(AFFIX OFFICIAL SEAL) Notary Public, Stale oC
Commission No.:
Immoknkv CAA-Cmgwp45
2011 Crow (0) 11 05) ricrac Page 25of28
Packet Page-1888-
10/25/2011 Item 16.D.2.
SCHEDULE "D-2r
CDBG MONTHLY PROGRESS REPORT
Complete form for part month and submit an Housing, Human and Veteran Service's staff by
welt" ofthe foDawing month.
StaNS Report for Month of Submittal Date:
Proj act Name Immokalee CR, Crosswalks
Project Number CDII -05 Activity Number XXX
Telephone
E -mail:
Fax
1. Activity Status /Milestones(describe any action taken, relating to this project, during
the past month):
2. what events /actions are scheduled for the next two months?
3. Diatribe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organizadon relating to this project.
3. 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.
Ne" contracts executed this month (if applicable):
Name of Contractor or
Amountof
Contractor
Race
PtWicitv
Subcontractor. Address in Phone
ContraU
Federal lD
gesedednitions
(seedednitions
m CaALmamuas
2011 c Don ¢m:.0D erl,"t Page 26of28
Packet Page 1889-
W
10/25/2011 Item 16.D.2.
Number
BOX2
Number
on following
page)
on following
Page)
Total Number of
Extremely
Vmy
Low Income
Frmalc HCad of
Households or
Low Income
e
Lose Income
(51-80d
Household
For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank spaces and in due 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. Bossism, if one person received TWO
services this unions as TWO SERVICE UNITS:
This project benefits households or persons. Please circle one category (either
''households' or `Persons ). Enter the number ojberceficlaries In the blank space and in Box 1."
INCOME
Of the households or persons assisted, are extremely low - income income P 30 %)ofthe
vent Median Family Income(MFL, Enter this number In Box' 2."
Of the households orpemons assisted, are very low -income (31- 50 %)ofthecurent
Median Family became (MET- Enter they number in Box 3."
Of these households or persons assisted, am low - income(51- 80 %)ofthecurrou Median
Family Income (MFI)- Enter this number in Box "A"
NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this
umber in box "5" below.
BOX
BOX2
BOX
BOX
BONS
Total Number of
Extremely
Vmy
Low Income
Frmalc HCad of
Households or
Low Income
e
Lose Income
(51-80d
Household
Persons Assisted
ereG(A Cmr,.slo
2011 cDna¢D ices) Yugo Page 27of28
Packet Page 1890
10/25/2011 Item 16.D.2.
9 M1 indicate total beneficiaries for Race AND Ethnicity ^
Definitions of Race:
White: A person having Name in any of the original peoples of Europe, the Middle East, or North
Africa.
Black or AGCan- Amerimm A person having origins in any of the black racial groups of Africa.
Asian: A person having origins in any of the original peoples offm Par East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakiutan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the anginal peoples of North
and South America (including Central America), and who maintains amal affiliation or community
attachment.
Native Hawaiian or Other Pacific Islander: A person having copies 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, Puetto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and EBmieite Beneficiaries
Rate
#Total
#Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
I Native Hawaiian or Other Pacific Islander
American lndiaNAlaska Native and White
Asian and White
RSalk,A'room American and White
American Pro ra Alaekan Native and black/ African American
Other Multi- Racial
TOTAL:
ma,hk.
2ou China (Ca wnayRt Page 28of29
Packet Page -1991-
10/25/2011 Item 16.D.2.
AGREEMENT BETWEEN COLLIER COUNTY
AND
David Lawrence Mental Health Center, Inc.
d /b /a David Lawrence Center
Emergency deck -Up Generator
Catalog of Federal Domestic Assistance F 14,21 S
IiUD Grant 9B- 11 -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 "David Lawrence Mental Health Center,
Inc. d /b /n/ David Lawrence Centre,° a pdvate not- for -profit connotation existing under the laws of
the State of Florida, having its principal office at 6095 Bathey Lane, Naples FL 34116, and its
Federal Tux Identification number as 59-2206025 and DUNS 4, 096580782 ( "SUBRECIPIENT" F
WHEREAS the COUNTY has entered into an agreement with the United States Department
of Housing and Urban Development (1 ND) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I
of the Housing and Collateral Development Ad of 1974 (as amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to
pnmarhy benefit low and moderate income persons and neighborhoods and In alternatively use
Community Development Block Great (CDBG) funds for: slum er blight treatment or for an urgent
commonly need: to varnoe the quality of life in Collier County by providing infrastructure
improvements, public facilities, and ether activities which arc related to neiytborhood/communip-
Improvements, to improve the condition of life for persons who require physical access or other
se es that meet their individual needs; and to provide for long range community improvements by
assessing cartel( 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 Fiscal Year
2011 to Fiscal Year ]016 Collier County Five-year Consolidated Plan and One-Year Action Plan
for Federal Fiscal Year2011 -2012 for the CDBG Program with Resolution 2011-136 on July 26,201 U
Agenda Item 1013; and
WHEREAS, Resolution 08 -121 was deselooel followvtn the Collier County Consolidated
Plain Citizen Panicipadon Plagadopted on Jauuary9,2001 with Resolution0l -02;and
WHEREAS, HUD has approved the County's Consolidated Plan OncYmr Action Plan for
Federal Fiscal Year 20112012 for the CDBG Program and the use of the CDHG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to proside the activities specified
in Exhibit °A' of this Agreement in accord with the approved Con almated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
�-. undertakings of the CDBG Program as a solid and wvr[hw$ile County partisan
enal,
Aa�nTO (Cm I-051
sran'0,w, :n- .,,enrynart- unaaver,ar pager near
Packet Page -1892-
10/2512011 Item 16.D.2.
Now, THEREFORE, in consideration of the mutual promises and reservoir; herein
contained, it is agreed by the Parties a follows:
1. DEFINITIONS
(A) "COUNTY' means Collier County, and where applicable, its authorized
representati(s),
(B) ' CDBG' means the Community Development Black Grant Program.
(C) " HHVS, means Collier County Department of Housing, human and Veteran Services
(D) HHVS'S Approval "means the written approval of the Department of Trustee. Human
and Veteran Services or designe
(E) "SUBRECTIENT means David brashness Mental Health Cutter Inc d/h/a David
Lawacmc Ccmera/k/a DLC
(F) HUD' means the U.S. Department of Housing and Urban Development or a person
a narircd to act on its behalf
(G) LOW and moderate income persons' rs the definition set by HUD.
(H) Protect " means the work tO be performed as set form in 6vhibit'A'
IL SCOPE OF SERVICES
The SUBRECTPTEN'T shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit `A "
111. TIME OF PERFORMANCE
The effective dale of the Agreement between DLC and Collier County shall be October 25,
2011, The services Of the SURRECIPIENI' shall be undertaken and completed in light of the purposes
of this Agreement. NI services required hereunder shall be completed by the SCBRECIPIENT prior
to October 25, 2012 Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRU'CIP1ENT shall be reimbursed by the COUNTY using HUD fimdinu for allowable
costs, determined by COUNT "IY. in an amount not to cockW One Hundred Seventy Five Thousand
Dollars and 001100 (995.0001 for the services described in Exhibit "A."
All improvements specified in Fshibit' ' shall be performed by SUBRECIPIENT employees,
r shall be put out to competitive bidding harder a procedure acceptable to the COL TTY and Federal
or
the SURRECIPIENT shall enter into contract for improvements with the lowest
respoicke and qualified bidder- Contract administration shall be handled by the SEBRECIPIE ST and
monitored l y HHVS. which shall have access to all records and documents related m the project .
Cerra
ntaunulrDir -nn)
mewaora rorrvre. s ku k L o aoncia or Page 2 of '18
Packet Page -1893-
10/25/2011 Item 16.D.2.
The County shall reimburse the SUBRECIPIENT for the Performance of this Agreement upon
completion or partial completion of the work tusks as accepted and approved by HHVS ptmsnam to me
submittal of monthly progress @ports. 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 propor invoice and in compliance with $ 218,70, Fla Sol, otherwise (mown as the
"Local Government Prompt Payment Act" No payment s lI be made until approved by HHVS.
V. NOTICES
All notices required t0 be given under this Agreement shall be sufficient when delivered to
HHVS at its office, presently located at 3339 E Tamiaml "rail, Suite 211, Naples, Flonda 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. IMPLEMENTAT ON OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and Counts laws, ordinances and codes and out the procedures outlined in HHVS Policies and
Procedures reemomnda
Should a project receive additional funding after the commencement of this Agreement the
SUBRECIPIENT shall l its 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
fury -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 ini or voluntarily eveluded from participation in
this rtanuaoti0n by em Federal Department or agency, and, that the SUBRECIPIENT shall not
knowingly enter into Us lower her contract or other covered completion, with a person who is
similarly debarred or suspended from participating in this covered transaction
C LOCALANII FEDERAL RULES MOULATIONS AND LAWS
The SUBRECU FN'I agrees to comply with any applicable Taws, ordinances, regulations and
orders Rude State local and Federal gosco ments, including but not limited to
I. 24 CFR 570, as amended - The regulations governing the expenditure of Commodity
Development Block Grant (CDBG) funds,
2. 24 CFR 58 - The regulations prescribing the Emdnntnenml Review procedure.
m t11
oeG tuhC �.ozl
aw ...nonce,...>nmwon GHlmor Page 3of28
'aekef Page -1894
1025/2011 Item 16.D.2.
3. 1itle V1 of tire 1964 Civil Rights Act. 42 USC § 2000d, of rery
4. 14 CPR 109 - The regulations issued pursuant to Eeewtne Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
5. Executive Order 11246 ('Equal Employment Opportunity b as amended by Executive
Orden 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds -
fi- title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opponwity Act of 1972, 42 CSC §Mot, or sog.
7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and
Urban Deehrodant Act of 1968, as amended.
8- Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
K. Section 504 of Rehabilitation Act of 1993, 29 USC 776(6) (5).
11. Uniform Relocation Assindsmee and Real Property Acquisition Policies Act of 1990. as
amended
h_. 29 CUR Parts 3 and 5 - Regulations as pro scribe me payment of prevailing wages
and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all Concoction contracts
fended b) CDBO. (See 42 USC 276a and 24 CPR 135.11(c)).
13, Executive Order 11914 - Prohibits disorientation "bli respect to the handicapped in
federally assisted ptyetls
14- Executive Order 1168 and U.S. Department of housing and Urban Development
Circular lotion 79 -45 - which prescribes goal paerntaaes for panicipation of minority
businesses in Community Development Block Gram Contracts.
15. Panic kaw 100430- file pairHousing Amendments Act (of 1988-
16. OMB Circular 4 i33 - concerning annual audits.
17 OMBCircular A -122 - which identities cost principles.
18. 24 CI 'R 84 - Uniform Administrative Requirements for Crams and Agreements with
Institutions of Higher Education, Hospitals and Offer Non -Profit Organizations.
valid 11 c C....
r.
�e [cm cost
Jau I LoN vov,r Emasons -munwn crnavor Page 4of28
Packet Page 1695-
10/25/2011 Item 16.D.2.
19. 24 CFR 85- Uniform Admmustrative Re is for Grams and Agreements to State
and Lacel Governments. 9oirunut
20- Immigration Reform and Control Act of 1966 as located at 8 USC 1324, of sear and
regulations relating mettle. Failure by the SL BRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the Cowry shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Smrmes.
22. Prohibition Of Gins To County Employees No organimtion or individual shall offer
or give, either directly or indirectly. any favor, gin, loan, fee, Senate or ether item of
saluc m any County employee, as set forth in Chapter 112, Part Ill, Florida Statures,
Collier County bihies Ordinance No. 2004 -05, as amended, and County Adminisun ve
Procedure 5311.
21 Order of Precedence- In the event of any conflict between or coning the terms of env of
the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the mrm-s of any, Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
trump 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 Unarmed Documents upon the Contractor at
Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the otter
party relating to or causing out of this Agreement must be brought in me appropriate
federal or state courts in Collier County, Florida, whidt courts have sole and exclusive
jurisdiction on all such matters.
25. Dispute Resolution - Priortothe 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 - malting authority and by
COUNTY'S staff person who would make the presentation of any settlement reacted
during negotiations to COUNTY for approval. Failing resolution, and prior to Iho
commencement of depositions in any litigation between the parties arising cot of this
Agreement, the panics Shall atempt to resolve the r ispute though Mediation before an
agreed upon Circuit Court Mediator car ified by the State of Florida. The mediation
shall be attended by representatives of SUBRECIPIENT with fall dedsiommaking
authority and by CODhTY'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 In mediation as required hereunder, the other party may obtain a court
order polmi ng mediation under § 44.102, Fla said
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Au'flvri em =>nnawo vt111mr Pace 5of28
Packet Page 1896
10/25/2011 Item 16.D.2.
26. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community
Development Act of 1968, as amended 12 U S.G 1701u (scatter 3). Section 3 of the
HUD Act of 1968 requires. to the greatest extent feasible, that reaipha s of HUD funds
(end their contractors and subcontractors) preside jobs and other economic
opportunities to too income persons, particularly public housing residents. Section 3
helps create employment for low- income persons and provides contracting
opportunities for businesses that are owird by low -income people or that provide
employment to low income people Contract administration shall be handled by the
SUBRECIPIENT and monitored by the COUNTY.
D. SUBCONTRACTS
Any work or services subcontracted by the SLBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this Aviaement and
applicable County, State, and Federal guidelines s and regulation Prior to execution by the
SUBRECIMENT of any subcontract hereunder, such subcontracts must be submitted by fire
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
HUD �um standards as extablished by the Collier County Purchasing Depart ment, Florida Statutes and
Reimbumemers for such services set[ be made at SUBRECIPLENT post None ofthe work or
services council by this Agreement, including but not limited to consultant work or services, shall be
subconraued by the SUHRECIPIENT or reimbursed by the COUNTY without urittw approval nettle
f]11VS of its desivncc.
F. AMtNDMEN IS
This Agreement, and any exhibit or attachment. may be amended only by written agreement
executed by the governing boards of both patties, except that County mprceentative(s) may approve
adjustments between line item nmaunta, scope clarifications, or an extension of time and schedule that
do not change the project, or teed the amount funded by the County, as stated hernia Any
modifications to this contract shall be in ompliance with the County Purchasing, Policy and
Administrative Procedures in effect at the time such modifications we authorized.
P. INDEMNIFICATION
To the maximum extent permitted by Florida law- the SUBRECIPIIHI shall indemnify and
hold harmless Collier County, its officers and employees from any and all liabilities. damages, losses
and costs, including, but not limited m_ reasonable wtomeys' fees and paralegals' fees, to the extent
erred by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENF or
on
employed or utilized by the SUBRECIPIETT in the performance of this Agreement This
indemnification obligation shall not be confrod to cattle, abridge or reduce any other rights or
paragraph which action do mny be aain to la to ci indemnified pony or ale negligence igence o C this
paragraph- lTis senior does not pertain ro any incident arising from the sole mgligeuce of Collier
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County. The foregoing indemnification Fl Florida snail not coustimte a waiver of sovereign immunity heymtl the
limits set forth th Section 968. ?8, F(a #da SSmu[es.
All facilities purchased or constructed pursuant to this Agreement shall be dearly identified as
to funding sources 'file SUBRLCIPIENT will include a reference to the Ill ... until support herein
provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a
good faith effort to reeognim HFIN S' support for all activities made possible with funds made
available under this .Agreement. The SUBRECIPIENT will mount a temporary construction cities for
projects funded by HHVS This design improper is intended to disseminate key information recording
the development team as well as Equal Housing Opportunity, to the general public_ The concoction
sign shall comply with applicable County codes.
II 'ITRyMbATION
In even of termination for any of the reasons identified in this Section H, as follows, all
finished or nominated documents, data studies, surveys, drawfog4 maps, models, photographs, reports
prepared, and capita equipment secured be the SUSELCIPIENT with funds under this Agreement
shall be returned to HHVS or the COUNTY. In the event of termination, the SCBRECIPIENT shall
not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
brush of due Contras by the SUBITILU P1ENT, and tba COUNTY may withhold any payment to the
SUBRFCIPIENT for setoff purposes until such time as the exact amount of damages due to the
COUNTY from the SUBRECIPIENT is determined_
1. iLRMINATION FOR CAUSE
If through any cause either patty shall fail to fulfill in timely and pope partner its obligations
under this Agreement. or if either party shat .,bleu any of the covenap6, agreements, or stipulations
of this Agreement, either parry shall thereupon have the right to terminate this Agreement in in note or
pan by giving wfincn notice of such termination to the other party and specifying therm the effesivc
dare of lamination. (See 24 CFR 85 43.)
1 TERMINATION FOR CONVENIENCE
At any time doting the term of this Asraement, either party may, at Its option and for any
returnee this Agreement upon ten p0) world._¢ day s Britten notice to the other party- Upon
termination, The COUNTY shall pay the SUBRFCIPIENT for rercicns rendered pursuant to this
Agreement through and including the date of esrsnination. (See210FR85.44.)
In the event the clan to the COUNTY under Title I of the Hotting lard Communaute
Develop ntel Act of 1974 (as amended) is suspended m lminatcd, this Agreement shall be suspended
or terminated efrediye on the date that I IUD specifies_
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1. INSURANCE
SUBRECIPIENT shall obtain and carp=, atall times senior 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. SUBRbCIPIFNT LIAml,lJY OBLIGATION
Compliance wish the insurance requirements in Exhibit "B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this
onneen "I he contract is contingent upon receipt of the insurance documents cadre firvzn Na)
calendar days after the Board of County Commissioners' approval. If me Insurance certificate is
received wlNio the specified period, but not in the marina prescribed in these requirements, the
SUBRECIPIENI shall be verbally notified of the deficiency and shall have on additional five (5)
calendar days to submit a canceled (Ancestry to the County.
If the SUBRECIPIF.NT fails to submit the required macrame documents in the manner
prescribed in these requirements wohin County (20) calendar cars after the Board of County
Commissioners approval, the SUBRPCIFIENT shall be in default of the terms and conditions of the
contract
K. INDEPENDENT ANENT AND ENPLOYEFS
The SUBRECIp1EIAT agrees that it will be acting as an independent agent and Nat its
employees ere not Collier County employees and are not subcnr to the County provisions of Ima
applicable to County employees relative to employments, hours of work, rates ofcompensatiou, leave,
uncnrployment and employee benefits.
V'll. ADMINISTRATIVEREOUIREMENTS
A. FINANCIAL MANAOEMENT
The SUERECIPIENT agrees to comply s�ith OMB Circular A -110 (Uniform Administrative
Requirements for Gmnts and Agreements with Institutions of Higher Education. Hospitals and other
Nor -Profit Oruar&atlons) and areas to adhere to the accounting principles and procedures inquired
therein, utilize adequate internal controls, and maintain necessary source dowmenmtien for all costs
mcum1
B. DOCUMENT Af ON SAND RFCORDKEBPITG
the Sl @RCCIPIFNT shall maintain all records required by ODBG
All reports, pleas, s ry -gs, information. documents, maps. and other data
SFBIdp(I developed, propose of assembled, or completed by the
the COUNTY T for to purpose ofrhis Aerecvy t shall he made available e
the COUNTY by Nc SUBRf +.CIPIENT at any time upon request by the
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COUNTY or Upon of all work contemplated order this
copies of
Agreement copies of all documents and
documents records relating to this Agreemcvt shall
be surrendered to HHVS if requested. In any etiyea the
n ay u shall
of documents after ex,rIPIENT
keep ell documenm end records for six (6) years after expiration of this
Agreement.
3.
The SUBRECIPIFNF shall submit reports as required to assist the COUNTY in
the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity
Pmploymen4 and HIID Seenov3 orromrs, pumrantto 24 CFR 5]0902, 50), and
92 (3)(vi).
4.
the SUBRECIPIENT shall submit detailed monthly progress reports to HHVS
outlining the stews of specific activities under the p elect. Each report must
account far the total amii ip- for which the SUBRECIPIENT is paid with CDBG
funds, in pan or whale, and which is required in fulfillment of their
obligations regarding the The progress reports shall be submitted on the
le "D-t.
form Exhibit "D,' Schedule "D -2"
5.
The SUBRECIPIENT shall maintain records shoving compliance with the
Davis -Bacon Lew, including files containing contractor payrolls, employee
imetviews, Davis -Hawn wage pairs, and administrative c -referencing
SUBRECIPIENT shall maintain records shoving contractor compliance with
the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal
requirements and wide other federal tegviranetrtx for grant
im plement
implemcmmron.
6.
If indircm costs are Charged, the SUBRECIPIENT will doelor an indlmet cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of
administrative cans and shall submit such plan to the COUNTY for approval, in
a form specified by the COUNTY.
Z
Failure to adequately maintain any former CDBG funded project may result in
the delay of prompting reimbursement requests; for cocaine emivities or in the
forfeiture of future CDBG funds.
8.
the SUBRECIPIENT will he responsible for the creation and maintenance of
income eligible files on clients saved and documentation that all households are
eligible under HUD Income Guidelines
9,
The SUBRECIPIENT filter agrees that HU V S shall be the final arbiter on the
SUBRECIPHUT'a compliance with the above
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10/25/2011 Item 16.D.2.
C. REPORTS, AUDITS AT) EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
The SUBRE(IPIHTf agrees that HHVS will carry out Periodic monitoring and evaluation
activities as determlpcd necessary. The continuation of this Ae} cement is dependent upon
satisfacWry evaluations The SUHRECIPIENI shall, upon the request of HHVS, submit
information said status reports required by HHVS or IND to enable HHVS to evaluate said
progress and to allow for completion of report required. The SUBRECIPIEN'I shall allow
HHVS or HIT) to monitor the SUBRECIPIEN1' on site. Such cite visit may be scheduled or
unscheduled as determined by HHVS or HLD.
D. ADDITIONAL HOUSING_ HUMAN AND VETERAN SERVICES. COINTY. AND
HUD REQUIREMENTS
The SUBRENPIENT agrees to utilize funds available under this Agreement to Supplement
rather than supplant funds otherwise available for Specified activities
E. WRITTEN APPROVALS
(I) All subcontracts and agreements proposed to be entered into by the
SIIBRECIPIBN I 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
112, Fla sta( unless thfu sc required by CDBGf
(4) All change orders;
(5)
All requests to utilize uncommitted funds after the expiration of this agreement
for programs described in Fe lubit °A "; and
(t7 All rates of pay and pay increases paid out of CDBG funds, whether for merit or
Cost of living
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a xvitten contract and conformity with the procedures prescribed by the Federal
m
Managemnt Circulare A�I 10, A -122, 24 CFR Part 84, and 24 CFR Part 85.
Ch AuhirSAND INSPEC'f1OV5
I. Nonprofit omail her expend 5500.000 or more annually in fetlrrul
curds shop have a single or provam- specific audit conducted fur that year in
ordmr rod, OMB A -133. Non -profit o eatioas cxpendinp federal
.cards of$500,000o under only one federal pro Beet to harea
fic audits ma}
ptagmm -sped performed in accordance w31h OMB A -133. .�
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2. Non - profit or izations that expend less than 4300,000 annually in federal
wards shall be exempt fi an an audit conducted in accordance with OMB A-
133, although their records must be available for re w (erg, inspections,
evaluations). These agencies are required by HHVS to submit "Reduced Scope'
audits (e.g., ficaruand audit, perfortnenee audits). They may choose, instead of a
Reduced Scope Audit, to have a program audit conducted for each federal award
in accordance wilt federal lams and regulations governing the program in which
the),
o. When the requirements of OMB A -133 apply, or when the SUBRECIPIBNT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by
the SUan six months llwn of heend of report most be SUBRECIPIE T'ssto HHVS no
later than six months following the eve of the SUBIIECIPIENT9 fiscal year.
4. If at audit is cquired by Section G of this contract, but the requirements of
OMB A -133 do not apply or are not elated the SUBRFCIPIENT may choose
to have an audit performed either on the basin of the SCBRECIPIENT's fiscal
year or on the basis of the period during which HHVS - federal assistance has
been ved In cities case, each audit shall orser a time period of not more
than twelve months and an audit shall be submi0ed covering each assisted
period until all the assistance ur caved from this contract has been repotted.
Each audit shall adhere to all other audit standards of OMB A -131, 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.
-.
Ile SUBRECIPIENI shall maintain all contract records in accordance with
generally accepted accounting principles, procedures and practices which shall
mufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the terms of this Agreemun.
6. The SIIBRECTIENT shall include in all HHVS approved subcontracts each of
the IccoNkeeping and audit requirements detailed in this contract
All income earned by the SUBREY:IPIENT floor activities financed in whole or in part by
funds Provided scrambler must be reported to HPIVS. Such income would include, but not be limited
me from senice fees sale of commodities, and rental or usare fees. The SU13RLCIPIENT
shall re en its Plan to I lure such income to 111INR and said plan shall require the written approval of
IIIIVSor ledeifine. Accounting and disbursement ofsveh income shall comply with OMB Circular
A-1 10 (Uniform Adirimptmfivu Requirement for Federal Grants) and other applicable regulations
incorporated herein by reference.
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Prouram Income, as defined by 24 CPR 570500(a), may be retained by the COUNTY.
Program Income shall be utilized to undertake activities specified in Exhibit' A' of this Agreement,
and all provisions of this Agreement shall apply to stated activities. Any Program Income received by
the SUBRECIPIENT or its sub - contractors shall be resumed to the COUNTY unless the
SUBRECIPIENT requests and is amheaived by IiHVS to milize t ncommined funds.
SCBRECIPIENT a 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 asset (including the return of all unused materiels, equipment,
unspent cash advances, program ground balances, and receivable accounts to the COUNTY), and
determining the custodianship of records.
VIII. OTHER PROGRAM REQUIREMENTS
A- OPPORI'UNIIIES 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 earned out by the performance of this Agreement an the
basis of race, color, disabiliC. national origin, religion, see, familial status, or sex. Gpon receipt of
evidence of such discrimination, tie COUNTY shall hate theright to famous this Agreement
To the greatest extent feasible, lower income residents of the project areas shall be given
opportunities for training and employ cram and to the greatest feasible extent eligible business
concerns located in or coned in substantial pan by persons residing in the project areas shall be
waxed contracts in connection with the project heSITRECIPIE.NT shall comply with Semion3 of
the Hcu sing and Community Development AU of 1968.
B. OPPORTlNIIIES FOR SMALL AND MMORITY/WOMEV OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction. or services, the SUBRECIPIENT shall
make a finance ehffitl to utilize small business and minority /womenrowned business enterprises of
supplies and se and provide these sources the maximum feasible opportunity to compete for
contracts m be performed pursuant to this Agrccment To the maeimum extent feasible, these small
business and mina &v /woman -owned business enterprises shall be located in or nomad by residents of
the CDBG areas destructed by Collier County in the Annual Consolidated Plan approved by III I),
C PROGRAM I4ENEFICIARIES
At (cast fifl)-mo percent (s1%) offl e beneficiaries of a project funded through this Agreement
must be low and moderate- income persons. If tie project is located in an entitlement city, m defined
by HUD, or serves beneficiaries counpaide, more than thirty percent (30 %) of the beneficiaries
directly assisted under this Agriemmn must reside in unincorporated Collier Count- or
municipalities participating in the County's Urban County Qualification Program- The project shell
assist bcncfinaries as defined ahote for the time second designated in Exhibit "V of this Agreement ^
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D. CONFLICT OF INTEREST
The SUBRECIPIENF covenants that no person who presently exercises any barriers or
responsibilities in connection with this Project has any personal financial interest, direct or indirect, in
the mar et areas or any parcels therein, which would conflict in any manner or degree with the
performance of this Agreement and that no person having any conflict of interest shalI be employed by
or subcontracted by the SUBRECIPIENT. Any passible conflict of interest on the pert of the
SOBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this
paragraph shall be interpreted in such a s not to unreasonably impede the statutory manner
m
requirement that maximu opportunity be provided for as
of and participation of low and
moderate - income residents of the project target area
E. PUBLIC ENTITY CRIMES
As provided in § 26]133, Fla Not by entering into this Agreement or performing any woda in
furtherance hereof the SUBRECIPIENI cenlfics that it, its affiliates, suppliers, subcontractors and
consultants who wil I perform hereunder, have not been placed on the comicted vendor list maintained
by the Sete of Florida Department of Management Sun ices within the 36 months immedialety
preceding the date hereof. This notice is required by § 269133 (3)(a), Fla Sml.
'rre' R DRUG -FREH WORKPLACE kEOUIREMEVTS
The SUBRECIPIENT most realty that it will provide dmg-free workplaces in accordance with
the Dmg -Free Workplace Act of 1996 (41 USC 901).
G. CERTIFICATION REGARDING LOBBYING
The undersigned earned. to the best ofhis or her know-0cdge and belief, that
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
radical, tied. to any person for Influencing or attempting in influence am officer or
employee of any agency, a Menberof Congress, an officer or employee of Congress, or
coemploy of a Member of Congress in coeetion with the awarding of any Federal
penetration ntract, the making of any federal great the making of any Federal loan, the entering
into of a cooperative agreement and the extension, contraction, renewal.
amendment, or modification of any federal contract, grant Iran, or cooperative
meat.
_. 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 nay agency,
a Member of Congress, an o%cor or eanplseee of Congress, or n employee of a
Member of Congress in connection with this Federal moralEant loan, o
cooperative lateral the undersigned shall complete and submit Standard Form -LLL.
'Diselomm Fomt b Repum Labhyjng" in accordance with is instructions
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10/25/2011 Item 16.D.2.
3. The underaigned shall require that the language of this cettiflcation be Included In the
wand documents for all sub awards at all tiers (including subcontracts, subgrama,
contacts under grants, loans, and chaperon" agreements) and Nit all
SUBRECIPIENTS shall eettlfy and disclose accordingly.
H. REAL PROPERTY
Any mal proper acquired by due SUBRECIPIENT for the purpose of carrying on the prejuety
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.
Ant real property within the SUBRECIPIENT control, which is inquired or improved in whole or part
with CDBG funds in excess of $23 000, must adhere to the CDBG Escalations at 24 CFR 570305,
IN. ENVIRONMENTAL CONDITIONS
A. _ 14 RAND WATER
The SUBRECIPIENT agrees to comply with the following requirements-
L Clean Air Act, 41 USC 9401, at say,
2. Federal Water Pollution Control Act, 33 USC 1251 ,et. ray- as amended
_
IF FLOOD DISASTER PROTECT I ON
In amordanot isith the requirements of the I loud Disaster Protection Act of 1973 (42 USC
4002), the SUBRECIPIENT shall waste that for activities located in an area Identified by I LA A as
having special flood hazards, flood insurance undo- the National Flood Insurance Program is obtained
and maintained If appropriate, a letter of map amendment (LOMA) may be ohnamed from FEMA.
which would satisfy this requirement and/or reduce the cost of said hood insurance.
(1. LEAD BASED PAINT
the SLBRECIPH N'I anew that any construction or rehabilitation Of residential strictures
with assistance provided under this contract shallls subienct In HUD Lead -Baud Paint Poisoning
Prevention Act fund at 24 CFR 571)608,
2 I ISTORIC PRESLRVATION
The SUBIrLo-WIEFT agrees to comply with me Historic Preservation mquitemwts set forth in
the National I Istore Powers often Act of 1966, as amended (16 USC 470) and the procedures set forth
in 36 Cl IT 800, Advisory Council on Ifismdc Premraafion Procedures for Protection of IT isrodcal
Properties
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X. CONDITIONS FOR RELIGIOUS ORG ANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious
izations_ Sectinn 24 CFR $]02000) specifies the lim0adons on CDBG funds.
M. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any
CDBO funds on hand at the time of expiration, any accounts receivable attnbmnble to the use of
CDBG funds, and any non- expendable personal property that was purchased with CDBG funds. Any
real property under SITBRECIPIENT control will be covered by the regulations 26 CFR
5705o3(B)(8).
XII. SE.VERAEBILITV
Should any provision of the Aynument be determined to be unenforceable or invalid_. Such a
determination shall not affect the tulidio an emforceability ofain) other section or pan thereof.
XIIL COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of Twemvlbjht(2g) enumerated pag which include the exhibits
referenced herein, shall be executed in my (2) commonplace, ach of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XIV. ENTIREUNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitute the entire understanding. The panics hereby acknowledge that there have been said arc no
representations, warrwrties, covenants, or undertakings other than those expressly set forth herein.
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V
W PM1TNESS IYHEREOF, the Subreoipiem and the Cowry, have each, respectildv, by en
auNoeiedymoamagwt, Feeewdmset rhe'v F
Fends and seals on Wis dry of
20
David Lawrence Mental Health Center, Inn
P,r W y "
"/a David d.awr nce Carter, a prNate not- for -proDl
otrporsfion existing under the DWS of the State of
Florida
n
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TOPe /punt witnus name T
Tyafpriht Subrerpicnt name and tills
ATTEST: B
BOARD OF COUNTY CAhAdI5510NEItS OF COLLIER
DWIGHT E: BROCK, CLERK C
COUNN, FLORIDA
Deputy God FRED W. COYLE, CHNRMAN
Dined:
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10/25/2011 Item 16.D.2.
EXHIBIT "A"
SCOPE OF SERVICES
David Lawrence Center
Auxiliary Power /Emergence Back -up Generator
A. PROJECT SCOPE'
On July 26, 2011, the BCC approved the HUD Action Plan allocating funding for this
initiative. Commonly Development Block Grant (CDB(b funding will be used for the
purchase and installation of a back -up denuamrts),
In the Action Plan for this program the intended outcome of this funding is to uprande David
Lawrence Center's current ability to provide auxiliary power is several key buildings at its
ni vnpus by purchasing equipment and installing connectivity that will provide the
capacity to generate full power to acute care, outpatient and administrative officer in lire event
of a power failure.
Activities /inmuaervices may include but not be limited to, purchase, installation, demolition,
tapir and/or I'eplacen ent of the fellowinm the purchase of equipment stmemral items,
electrical, accessibility and exterior improvements as well as associated labor and sup ualsion
The detailed project scope will be contained in the sQlase le of values awarded in the projects
construction contract The project contract will include details sufficient to document the
number, amount and costs associated with all activities.
The Project activities will mast the U.S. Department of Housing and Urban Development's
national ubjectire to benefit law and moderate income persons and improve the
quality /quantity - ofiwighborhood facilities for low- income persons
R BUDGE,'[
Collier County Housing, Human and Veteran Services is providing One Hundred Seventy Par
EedyLnd. (5175000.001 in CDBG funding for be project scope described above_
Line Item Description CDBG Fonds
Purchase and Installation Activities $ 17r.000Ao
TOTAL $175,000.1m
Any modifications to this contract shell he in compliance with the County Purchasing Policy
and Administrative Procedures in ctfoct m the time such modifications are authorized
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10/2512011 Item 16.D.2.
The following Project Work Plan is in effect for program monitoring requirements only and ae
such, is not intended to be used as a pavment schedule
Date Start
Dale End
Work Plan
11/2011
(/2012
Prepare bid documents
01/2012
032012
Procure eligible eontreawds)& conduct preconsVOCtion
onference
Obtain permits
03/2012
05/2012
052012
07,2012
Begin improver tsand associated activities
082012
092012 ,Complete final inspections and project close out
U. PAY EIST SCHEDULE
The following table details the project deliverables and payment schedule
Ddiverairies I Pavment Schedule
Purchase and Installation I submission of monthly invoices on AIA C]02-
'ALPA—c'tit tivities 1992 bacon or equivalent document per contractor's
Schedule of values. supporting docninents must
he rovided as back p
ascand malsuadnn Final mi(Snsoo.o0 ) toleosea upon ceniera¢
itie s d final salver of l int
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10/25/2011 Item 16,D2.
EXHIBIT "A -I"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENde
curter COU vxnu[m Flu m ay In User Te
ranee se,ah,. n�.drmn
Address
NAPLES, FLORIDA Zip made
PHON E (239) Phan, p
Dare FAX (299) Fax W
Cmna,IN,
Nam, ofFirm
Andres
RE. Zero Dollar Counters Change Sentim1on
Rat Contract a ad Ills of Contract
Project#
Purchase Order#
Dear Contact Name:
B, wry of this Jolter the a have m! icontract is being i "I'd 4 bro dollar (So DO) change as awarded below-
F TM abode "far" d winners time Is John) exmndad by Nation of day, os ndar dajs The new w r inn date
shall be on or before month sad di You,,
By Orating this summer, dad Cody is not rehevag your fmm me its chgadons to perform wask in a timely and
,lisfauory maonm hr my consequences resulting Los fling urn do so. Collier County hat me call legal ghts,
oading, bur m Ihn¢d m ,his tarot or ctct , other appropriate co sots) of art,,, should
eowmna oessarram limited
raged m the Prreteoad contrast
r
Aaadiaal Stamog Cdr cs Pmoi,bbal Pami Naaay Ratc(s)
E Drawagahm Allowance (spcobr aloune hem and idea 'nc irmsana
.farm handle lo)
Other: Erop, CounflMom am identified in Schedule x- L "CniffiCemiam 11 Scope". boyach,d)
9nmr llg
tine e
Tide
cc Contact Tmalist Name Commd Smi'tlet PUrthasing Denatured
Suamne DooNby, Clod IGadh DTudirem
mI Ilow"a a„mr
2f I I CDx(d(CUl Ird
Au. p Unad mefp,wry oars -Ip oa,to,sr Page 19 of 28
Packet Page -1
10/25/2011 Item 16.D.2.
EXHIBIT 'm^
INSURANCE REQUIREMENTS
The SURRECIPIENT shall furnish to Collier County, c/o Housing Human and Veteran
Services Department, 3339 F. Hanson Trail, Bldg H Suite 211, Naples, Florida 34112, Cettibcarev)
of Insurance evidencing insurance coverace that meets the requirements as outhroci below:
Workers' Compensation as required by Chapter 440, Florida Smmres.
_- Public Liability Insurance on a comprehensive basis in an amount no less than 4304000
per occurrence for combined Bodily Injury and Property Damage. Collier County must M shown as an
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned. non owned and hired vehicles used
in contention with this contract in an amount not less than 5300,000 per occurrence for combined
Bodily Injury and Prettily Dnmape.
DES 6N STAGE (IP APPLICABLE)
In addition to the insurance required in I —3 above, a Certificate of Insurance must be provided
as follows_
4. Prefssicaol Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the R13RECIPIFNI in an amount not less than $300,000 per
occurrence pnwiding for all sums which the SUFNECIPIENi' andlor the design professional shall
became hagelly obligated to pay as dames fro claims arising out of the sells ices pesfomted by the
SUBRECIPIENT or any person employed by the SUBRECIPIEM' in connection with this contract.
This insurance shall be maintained for a period of two (2) )cars after the eenificate of Occupancy is
Issued.
CONS list i ON PHAtF (IF APPLICABLE)
In addition to the insurance required in I — 4 above, the SITBRECIPEIN'r shall pro -ide or
cause is Subcontractors to provide original policies indicating the following types Of in UrmCe
enserage prior o any construction:
S. Completed Value Builder's Risk Insurance on an All Rick' basis in an amount not less
than one hundred 0 00 0) percent of the insurable value of the Laht ing(s) or sddremre(s} I he policy
shall be in the name at Collier County and the SUBRECIPILNT.
6, Flood Insurance shall be provided for those properties found to be within a flood hazed
Zone. all an rant not less than the full replace values of the completed Nimmons) or the mm:imum
amount co
of veraae available through the National Flood Insurance Program (NF[P), whichever is
realer. 11c policy will show Collier Ut anty as a Loss Pace A T LM.A. This policy will fee provided
sock time that he buildings' walls and roof uses,
OPERAToWN1lNhy fEa pAss(tE APPI. FABLE)
Nil CDdG q Q Dl I
Awlunr pm,,,Lussc.m esa nn a,ato.
Page 10of28
Packet Page -1911-
v
10/25/2011 Item 16.D.2.
ABfo the
hicod the Phase is ofdueloaandoccupancybegins, the following insurance must
he kept in force throughout the duration of the loan anNor Contract
7, Public Liability Coverage in an amount not less than $1,000,000 per occununce for
ombined Bodily Injury and Properly damage. Collier County must be shown as an additional insured
¢i1M1 respect to this cowergge.
& 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.LLM_A.
A Flood Insurance coverage for those pmpendw found to be within a Flood hazad one
for the full replacement values of the stmenu'c(s) or the maximum rumored of coverage available
through the National Flood Insurance Pmgem (NFIP). The policy must show Collier County as a
Loss Payee A, F.1 N4
aCDnn lMI I did)
Amlllvraww¢'FCiycno eoPt- I:POrnawv Pace 21of28
Packet Page -1
10/25/2011 Item 16.D.2.
EXHIBIT 'C"
ADDITIONAL CDBG GR,4NT REQUIREMENTS
Enter additional requirements here, IF NONE, EXIST, state "There are no additional grant
requirements."
Packet Page 1913
r-.
E -WIBIT °D•
REQUIRED SUBMITTALS
D -1
Request for Payment
D -]a
Release and Affidavit Farm
D-E
CDDG Monthly Progress Report
m lCD1 1�ortl
n m Pll"T. CT9=1 emA Oa cros,aml Pae oa of28
Packet Page 1914
10/25/2011 Item 16.D.2.
10/25/2011 Item 16.D.2.
SCHEDULE "D -1"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
Subrecipient Name David Lawrence Centex
Suhreupient AdAesc 6975 Bathes Lane Naples FL 34116
P jestName: lonergenurvRark-up(terceratter
Projectlau CDII -06 Payment Request
Dollar Amount Requested 5
SECTION IC STATUS OF FUNDS
1.
Grant Amount Awarded
$
175,000
2.
Sum ofPast Claims Paid on Ibis Account
s
3.
'Total Grant Amount Awarded Less Sum
_
Of Past Claims Paid on this Account
$
4.
Amount of Previous Unpaid Requests
S
5.
Amount of Today's Request
6.
entreat Grant Balance (In1t181 Orion Amount Avoided
Less Sum of all requests)
$
I cenify that this request for payment has been drawn
in accordance with the
terms and
conditions
of Agreement hetwecn the COUNTY mad us, as the
SUBRECIPIEN f- 1 also
camp that
the
amount of Vie Request for ferment is not in excess of current
needs
Signature
Ifle
Authorizing Grant Coordinator
SuPer'laor __ (approval authomY under $14,999)
Dept Director (approval educed $1 and Oro) c)
Dills mCcnvr
n1OS
n... awt P,... r,su,mennp nice -u u Gm ... vr Pace 24of28
Packet Page 1915
v
10/25/2011 Item 16.D.2.
SCHEDHLE"Dda"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT codifies 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 (night be filed,
have been satisfied and paid.
This Release and Affidavit is given in interaction with the SUBRECIPIENt s (monthly /final)
Request for Payment.
SUBRECIPIENT
Witness: BY
Print name and title DATE:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of _
30 by az of
A Not-For-Profit Profit ov behalf of David Lawmen id Center Ha/She is
e
did (did y known n me OR has produced _ as identification arrd who
did (did not) take an oath. -
My Commission Expires' _
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Publiry Slate of
Commission No..
±alI Cm G it 011 -a,)
AIMILar vo,.ammr,gc„y nick - LP6":.amr Paee25of29
Packet Page 1916-
10/25/2011 Item 16.D.2.
SCHEDULE °D-2"
CDRG MONTHLY PROGRESS REPORT
Loth ➢felel rmJor past month add submit to Housing, Human and Crieran Service's staff by
the ld° tmetnowing month.
Status Report for Month of Submittal Date:
Project Name barrette Bad -up Genem or
Project Number CD11 -00 Activity Number XXX
Subreciplenl: David Lawrence Center
Contract Perna Sort Gehennever
Telephone: 239- 354 -1420 Fs-
I. Safe try Sm [ns /Milestones(describe rev amtion taken relating to this project, during
the pest mouth).
_. What eventsections are scheduled for the next Me months?
3. Describe any atFrmative marketingrou have implemented repyrling this project.
Please list and attach any recent media coverage of your organization relating to this project.
4. Lisa any additional data relevant to the outcome measures listed on the application
for this project.
9. Identify any potential issues that may cause delay.
Dada ... mwr
2011 CDBC runt HIa)
au v-oern.mrry.... o,1, Lpracia Page 26of28
Packet Page 1917
10/25/2011 Item 16.D.2.
n
New contracts exeeufe0 this month
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Cannoneer
Federal ID
Number
piece
(see definitions
on fellow ing
Njumchy
(see definitions
on following
F 60X1
I1OX2
page)
peRe)
BOX3
BOX4
BOXi
ToolVmnhroF
For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank spaces and in the chain below. Complete the below Chan
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
'Phis project benefits households of persons. Please circle one category (either
'households -car "persons'), Boer she number ofbenecharles In the blank space and in Bas
INCOME
Of the households or persons assisted, _ are extremely low - income income (0 -30 %) of the
current Median Family Income(MFE, Leer this number, in Box "2."
Of the households or persons usisted, re very join income (31 -50 %) of the current
Median Family Income (MITI Enter this number in Box'3.'
Of these households or persons insisted, _ a re lnw m
- incoe(51 -80%) of the commit Median
Family lncore(ME). £morons number in Bas "4"
NOTE.- The total of Boxes 2, 3 and d should equal she number he Box
FEMALE HEAD OF HOUSEHOLD
This project assisted
Female head of Households REGARDLESS of income. lenry, ons
another in box' S "
belie.
F 60X1
I1OX2
BOX3
BOX4
BOXi
ToolVmnhroF
Exnvnely
Very
Loss Income
Pcmale Head of
Households er
Lmrincome
fowIncome (>I -g0 %)
Household
20 11 C1mG ND 11 06)
A11 e 1.1ru.mrag.r,3 eorc -De erecaer Pjmc 22 of28
Packet Page -19IS-
10/25/2011 Item 16.D.2,
Peeaona AUisted (0.3tl%) (31- s0' /e)
Subrceioient's must intlieele total beneficiaries for Race AND Ethnieity
Definitions of Base-
White: A person having origins in any of tire original peoples ofBurope, Me Middle Beat, or North
Africa.
Black or African- American: A person hating 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 Asin, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the original Peoples of North
and South America (including Control America), and who maintains tribal affiliation or nommuni:y
attach mi.
Native Hawaiian or Other Pacific Islander. A person having origins in any of the original people of
Hawaii, Farm, Samoa, or ether Pacific Islands.
Definitions of E @nieih:
Hispanic or Latino: A person of Cuban, Mexicen, Puerto Rican, South or Central American, Or
other Spanish culture or origin, regardless of race.
Tabulation Table of Rare and Ethnicit, Beneficiaries
Race h" - .
.'p Total
White.
Black or African American
Asian
American Indian or Alaskan Native
—_ ._ _ .__
Native HmveilavA OtM1erPacificld W
Whit _ _
_..
_
madrAfrican Anicarcen and White
Owld Lonw,,,,,, ate
o¢oi wal
nmm.,o am.,nmmug�„R nerd oy nmavor Page 28 of 28
Packet Page 1919-
10/25/2011 Item 16.D.2.
AGREEMENT BETWEEN COLLIER COUNTY
AND
SHELTER FOR ABUSED WOMEN & CHILDREN
Catalog of Federal Domestic Assistance # 14.231
HUD Grant # S- 11 -UC -12 -0024
THIS AGREEMENT, is entered into this day of 20, by and
between Collier County, a political subdivision of the State of Florida, ( "COUNTY") and
SAWCC, MC, a private not- fo>pmfit corporation existing under the laws of the State of
Florida, having its principal office, at P.O. BOX 10102 NAPLES, FL 34101, and its Federal Tax
Identification number as far 59- 2952895, & DUNS # 836680769 (SHELTER FOR ABUSED
WOMEN &CHILDREN" or "SURRECIPIENT ").
WHEREAS, Collier County has entered into an agrccavem with the United States Department of
Housing and Urban Development ("HUD') for a grant for the execution and implementation of a
Emergency Shelter Grant ("ESG') Pmgam in certain areas of Collier County, pursuant the
Stewart B. McKinney Homeless Assistance Act (24 CFR 596); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to
primarily benefit homeless individuals in Collier Comity with the use of ESG funds; to improve
fire quality of life in Collier County by providing assistance for anergency- transitional shelter
clients at -risk of becoming homeless ins described in the Consolidated Pon 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 2011 -2012 for the ESG
Program by Resolution No. 2011 -136, on July 26, 2011 Item IOH; and
W HEREAS, HUD approved the County's Consolidated Plan One Year Action Plan for Federal
Fiscal Year 2011 -2012 for the ESG Program and the use of the ESG funds for the activities
identified in the Plan; and
WHEREAS, COUNTY and the SUBRECIPIENT desire to provide the activities specified in
Pan II of this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, COUNTY desires to e nge "SHELTER FOR ABUSED WOMEN &
CHILDREN" es implement such undertakings of the ESG Program as valid and worthwhile
County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein remained,
it is agreed by me Parties as follows:
1. DEFINITIONS
(A) "COUNTY" is Collier County, and where applicable, ifs authorized
repres mative(s)-
(B) "ESG is the Emer gency Shelter Grant Program as defined in 24 CFR 576,
2ou -2012 -ESG Page 1of27
SAWCC
Packet Page -1920
10/25/2011 Item 16.D.2.
(C) "HHVS" is the Department of Housing, Human & Veteran Services of Collier
County.
(D) ''SUBRECIPIENT" is 'SHELTER FOR ABUSED WOMEN & CHILDREN
a/ka/SAWCC."
(E) "HHVS 's Approval" is the written approval of the Department of Housing,
Human & Veteran Services or designee.
(F) "HUD" is the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(G) "Homeless " is the term as defined in 42 OSC 11302.
(H) "Emergency Shelter" means any facility, the primary purpose of which is to
provide temporary or transitional shelter for the homeless in general or for
specific populations offing homeless. (24CPR506.3)
(1) " Project is the work to be performed asset forth in Exhibit "A ".
(I) "Essermal services" includes services concerned with employment, health, drug
abuse and education. (24 CFR 5]6.3)
11. SCOPE OF SERVICES
The SUBRECIPIENT shall, is a satisfactory =it proper manner, as determined by HHVS,
perform the lasks necessary to conduct the program outlined in Exhibit A,- and shall submit
each request for reimbursement using Exhibit 'B" along with the submission of monthly
progress reports, Exhibit "D,'* all of which are attached herein and made a pant hereof.
III. TIME OF PERFOIA ANCE
The effective date of the Agreement between SAWCC and Collier County shall be October 25,
2011. The services of the SUBRECIPIENT shall be undertaken and completed in light of the
purposes of this Agreement. All services requited hereunder shall be completed by the
SUBRECIPIBNT prior to October 24, 2012. Any funds not obligated by the expiration date of
this Agreement shall automatically revert to the COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SURRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by HHVS, in an amount not to exceed NINETY TWO THOUSAND TWO
HUNDRED FORTY SIX DOLLARS AND 00/100 ($92,246) for the sendces described in
Exhibit 'A'
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees,
or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements The SUBRECTPIENT shall enter Imo contract for improvements with the
lowest responsive and qualified bidder. Contract administration shall be handled by the
SUBRECIPIENT and monitored by HHVS, which shall have access to all fronds and
documents related to the project
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
mesa Page 2of27
snwcc Packet Page 1921-
10/25/2011 Item 16.D.2.
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant
to the submittal of monthly progress reports- Payments shall be made to the SUBRECIPIENT
when requested as work progresses, but not more frequently than once per month. Payment will
be made upon receipt of a proper invoice and in compliance with § 21890, Fba Sag, otherwise
known as the "Local Goverment Prompt Payment AG" No payment will be made until
approved by HHVS.
V. NOTICES
All entities required to be given under this Agreement shall be sufficient when delivered to
HHVS at its office, presently located at 3339 Parisian Trail East, H Suite 211 Naples, FL 34112,
and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of
this Agreement.
W. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPTENT shall implement this Agreement in accordance with applicable Federal,
Slaty 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 Ibis Agreement, the
SUBRECI %ENT shall notify HHVS in writing within thirty (30) days of receiving notification
from the finding source and submit a cost allocation plan for approval by HHVS or its designee
within forty -eve (45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT certifies that neither it, nor its principal$, 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 SUBRECTPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended firm participating in this covered transaction.
C. LOCAL AND FEDERAL RULES. REGULATIONSAND LAWS
The SUBRECTIENT agrees to comply with any applicable laws, ordinances, regulatiom and
orders of the State, local and Feder al governments, including, but not limited to
1. 24 CFR Part 576, as amended - The regulations governing the expenditure of
Emer gency Shelter Grant funds.
1 24 CPR 58 -The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et seq.
1011- 1012.eSC Page 3of27
SAWCC
Packet Page 1922-
10/2512011 Item 16.D.2.
4. 24 CFR 109 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
a. Executive Order 11246 (`Equal Employment Opportunity'), as amended by
Executive Orders 11373 and 12086 - which establishes hiring goals for minorities
and women on projects assisted wish federal Ponds.
6, Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC 4 201 et. seq.
7. 24 CPR 135 — Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8. Age Discrimination Act of 1995.
9. Contract Work Hours and Safety Standards Act, 40 USE 329 -332,
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 996(6)(5).
IL Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
12. 29 CPR Pans 3 and 5 - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as
mandated by the Davis Bacon Act. HUD Fortn 4010 must be included in all
construction contracts funded by CDBG. (Sae 42 USC 276a and 24 CFR
135'11(c)y
13. Executive Order 1 1914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development
Cumdar Leher 79 -45 - which prescribes goal percentages for participation of
minority businesses in Community Development Block Grant Contracts.
15. Public Law 100430- the Fah Housing Amendments Act of 1988.
16, OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122- which identities cost principles.
18. 24 CPR 84 - Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non -Profit
Organizations.
1011 201, Page 4of27
6AWCC
Packet Page 1923
10/25/2011 Item 16.D.2.
19.
24 CPA 85- Uniftrm Administrative Requirements for Grouts 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 disereton to unilaterally terminate this agreement
immediately.
21.
Chapter 112, Florida Smmres.
22.
Evolution Of Gifts To County Employees -No organization or individual shall
often or give, either directly or indirectly, any favor, gift, Tom, fee, service or
other item of value to any County employee, as set Coach in Chapter 112, Part ITT,
Florida Statures, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311,
23.
Order of Precedence - In the event of any wntlet between or among the terms of
any of the Contract Documents, the terms of the Agreement shall rake precedence
over the terms of all other Contract perms ts, 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 cammt be resolved by
application of the Supplemental Conditions, if any, or Agreement, the conflict
shall be resolved by imposing the more inner or costly obligation under the
Contract Documents upon the Connector at Owner's discretion.
24.
Venue- Any suit or action brought by either parry to this Agreement against the
other party relating to or arising out of This Agreement must be brought in die
appropriate federal or state tours in Collier County, Florida which courts have
said and exclusivejunsdection on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding command
by this Agreement to resolve disputes between the parties, The parties shall make a
good faith chart to resolve any such disputes by negotiation. The negotiation
shall be amended by representatives of SUBRECIPIENT with full decision -
making maturity 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 depositione 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 oeritied by die Stale of Floncia. The mediation shall be aneuded
by representatives of SUBRECIPIENT wild full decisiou-making authority and
by COINTY'S stiff person who would make the presentation of any settlement
reached at mediation to COUNTY'S board for approval. Should either party fail
to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under 444.102, Fla. Sine
art IN1' -156 Page 5of21
SAWCC
Packet Page -1924-
10125/2011 Item 16.D.2.
26. The DEVELOPER/SPONSOR shall comply with Section 3 of the Housing and
Community Development Act of 1968, as amended, 12 U.S.C. 1901 u (section 3).
Section 3 of the HUD Act of 1968 requires, to the greatest extent feasible, Oat
recipients of HUD foods (and then contractors and subcontractors) provide jobs
and other economic opportunities to low- income persons, particularly public
housing residents. Section 3 helps cream employment for low -income persons and
provides contracting opportunities for businesses that are owned by low- income
people or Oat provide employment to low income People. Contract
administration shall be handled by the DEVELOPER/SPONSOR and monitored
by the COUNTY, which shall have
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 regulation 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 speeifcally
include a determination of compliance with the terms of the attached Scope of Services set faith
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 HOD. 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 wnuen approval of the HHVS or its designee
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards or both patties, except that County representative(s) may
approve adjustments between line item amounts, scope clarifications, or an extension of time and
schedule that do not change the project, or exceed the amount funded by the County, as stated
herein_ Any modifications to this contract shall be in compliance with the County Pu¢haaing
Policy and Administrative Procedures in effect at the time such modifications are authorized
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers and employees mom any and all liabilities, damages, losses
and costs, including, but not limited W. reasonable attorneys fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of
this Agreement This indemnification obligation shall not be construed to nagate, abridge or
reduce any other rights or remedies which otherwise may be available to an thdemnified party or
20112012 Eso Page 6of27
$AWCC
Packet Page -1925-
10/25/2011 Item 16.D.2.
person described in this paragraph. This section does not pertain to any incident arising from the
sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 76828, F(mdda Statures.
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to
funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHVS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign
for projects funded by HHVS. This design concept is intended to disseminate key Information
regarding the development team as well as Equal Housing Opportunity to the general public.
The constructed sign shall comply with applicable County codes.
TERMMATION
In event of termination for any of the reasons identified in subsections 1 -3 as follows, all
handed or whittled documents, data studies, surveys, drawings, maps, models, photographs,
reports printers, 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 breech of the Contract by the SUBRECIPIENT, and the COUNTY
may withhold any payment o the SUBRECIPIENT for set -off purposes until such time as the
exact amount of damages due in the COUNTY from the SUBRECIPIENT is determined.
I, TERIdINATIONFORCAUSE
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 Agreement i of hole Agreement, either party shall thereupon have the right he
terminate this Agrcemem to whole or pan ve giving wnuw nonce of such termination to the
other Troy and s0eriNing therein @e effective date of ermintion. (See 24 CFR 85.41 J
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 pan;.
Upon lamination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the dam of termination (See 24 CFR 85.44.)
I. TERMMATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
-� Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
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suspended or terminated effective on the dam that HUD specifies.
T. INSURANCE
SUBRECIPIENT shall obtain and tarty, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts desenbed herein and further set forth in
Exhibit "C" to this Agreement.
J. SUBRECPIENT LIABILITY OBLIGATION
Compliance with the insurance requvemwts in Exhibit C shall not relieve the SUBRECIPIENT
of its liability and obligation under this subsection or under any subsection of this contract. The
contract is contingent upon cradle[ of the in w 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 copper proscribed in these requirements, fie
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a captured Certificate to the County.
If the SUBRECIPIENT fails te submit the required insurance documents in the m
theatrical in these mquiremants within twenty (20) calendar days after the Board of County
Commissioners 'approval, the SUBRECIPIENT shall be in default of terms and conditions of .-.
the contract
K NDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that, in all matters relating to this Agreement it will be acting as an
independent agent and that its employees are not Collier County employees and are not subject
W the County provisions of the law applicable to County employees relative to employment,
hours of work, rates of compensation, leave, unemployment compensation and employee
benefits.
L. MATCH REQUIRED
Subrecipieat must match ESG grant funds dollar for dollar pursuant to 24 CFR 576.51. The
march funds can come from the grantee or recipient agency or organization; other federal, state,
and local grants; and from in -kind contributions.
VII. ADMINISTRAVTIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECPIENT 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 require
therein, utilize adequate internal controls, and maintain necessary source documentation for all costs
Page 8 of 27 ESG
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^ mcmred.
B. DOCUMENTATION AND RECORDKEEPRJG
1. The SUBRECIPIENT shall maintain all rxords as required by ESC.
2. All reports, plans, shr%cyr, information, documents, maps, and other data
procedures developed, prepared, assembled, ab completed by the y the SUBRECIPIENT for the
purpose of this Agreement shell be made available ro the COUNTY by the S ark contemplated
at
any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated of under this e Agreement if sled, documents and records
SUBR relating m this Agreement shall be
rendered to HHVS if requested fo any event, the SU Agreement.
TENT shall keep all documents
and stands Pon four (4) years agar expiration of this Agreement.
3, The SUBRECIPIENT shall submit reports as required W assist the COUNTY in
the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and
HUD Section 3 organs;
4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS
outlining the stams of specific activities under the project Each report must account for the total
activity for which foe St, BREGIPIENT is paid with ESO finds, In pert or in whole, and which Is
required in bulfillmem of their obligations regarding the Project The progress reports shall be
^ submitted on the form Exhibit U.
5. The SUBRECTIENT shall maintain records showing compliance w ith the DaN is
Bacoor Law, including Jules containing contractor payrolls, employee interviews, Davis -Hawn
wage rates, and administrative coma - 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 giant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIEN9'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 ESG funded project may result in the
delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
ESG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of
income eligible files on clients served and documentation that all households me eligible coder
HUD Income Guidelines- The SUBRBCIPIPNT must ensure confidentiality of records
featuring to provision of family violence prosention or treatment services as set foM in 42 USC
113)5(c)(5T
^ 9. The SUBRECIPLENT brother agrees that HHVS shall be the final arbiter on the
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SUBRECIPIENT 'a com eenecwifithe above.
C. REPORTS. At AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
D. ADDITIONAL HOUSING & HUMAN SERVICES COUNTY. AND HUD
REOUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to
supplement rather than supplant fends otherwise available for specified activities.
E. WRITTEN APPROVALS
(1) All suboontfaa¢ and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to Its Agreement;
(2) All capital equipment expenditures of S 1,000ormom;
(3) All change orders; and
(4) All requests to utilize uncommitted funds after the expiration of this agreement
forpmgcams described in Exhibit A, and
(5) All rates of pay and pay increases paid out of ESG funds, whether for merit or
cost of living.
F. PCRCHASMO
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity wife the procedures prescribed by the Federal
Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 95, which are
incorporated herein by reference.
G. AUDITS AND MSPECTIONS
1. Non -profit organizations that expend $500,000 or more annually in federal
wards shall have a single or program - specific audit conducted for that year in accordance with
OMB A -133. Non -profit organizations expending federal awards of $500,000 or more under
only one federal program may elect to have a program - specific audit performed in accordance
with OMB A -133.
2. Nim -profit organizations that expend less than $500,000 annually in federal
wards shall be exempt from an audit conducted in accordance with OMB A -133, although their
ecoMs 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 ^
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may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the program in which
they participate.
3. When the requirements of OMB A -133 apply, or when the SUBRECIPIENT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which
federal awards attributable to this contract basso been received by me SUMUCIPIENT. A copy
of tine audit repent must be received by HHVS no later Ihan six months following the and of the
SUBRECIPIENT 'a fiscal year
4. If an audit is required by Section G of this contract, but the requirements of OMB
A -133 do not apply or are not elected, me SUBRECIPIENT may choose to have an audit
performed either on the basis of the SUBRECIMENT's fiscal year or on the basis of the Fero]
during which HHVS-federal assistance has been received. to 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 smites 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 redact all revenues and expenditures of fiords provided directly or indirectly by the
County pursuant to the teems of this Agreement.
6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of
the record - keeping 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
Famished hereunder must be reported to HHVS. Such income would include, but not be limited
to, income from servithe fees, sale of commodities, and rental o e fees. The
a
SUBRECIPIENT shall report is plan to nHH such income to HHVS, and Id Accounting shall plan
requve the prior such inc approval of the HHVS OMB or 0fUnicc. Accounting and
disbursement of each income shall amply wr OMB ble regulations A -110 (Uniform Administrative
Requirement for Federal Grants) and cite applicable raw latioers inootpommd herein by
reference.
Program Income, as defined by 24 CFR 570 500(sl for ESG funds may be retained by the
Agency. Program lnerme 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 on hand at or received by the SUBRECIPIENT or its subcontractors after the expiration
of this Agreement shall be returned to the County no later than Mirty (30) days after such
expiration, subject as any SUBRECIPIENT requests to utilize uncommitted funds,
r�
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H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are
ompleted. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the remm of all unused materials, equipment,
=spent cash advances, program income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial Area, or sox be excluded form the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement.
Upon receipt of evidence of such documentation, the County shall have the right to laminate this
Agreement.
The SUBRECIPIENT shall wmplv with Section 3 of the Housing and Community
Development A t £1968 as mended 12 U S C IOptu fseet on 31 Section 3 of the HUD Act
of 1968 requires, to to feasble that recipients of HUD funds (and their
contractors d subcontractors) Provide -ohs and other rion pporwv t es nr low- ivcomc
particularly bl housing residents. Section 3 helps create employment for low-
income commit and provides contracting opportunities for businesses that are owned by low-
income peopl h 'd 1 ow-income People Contract administration shall
be handled by the SUBRECIPIENT and monitored by the COUNTY.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED
BUSINESS EN PERPRISES
In the procurement of supplies, equipment, construction, or s W implement this
Agreement, the SUBRECIPIENT shall make a positive effort to unlit small business and
minarrity/wramort-owned business enterprises of supplies and services and provide these sources
the maximum feasible opportunity W compere for contracts to be performed pursuant to this
Agreement To the maximum extent feasible these smell business and minority /women- owned
business enterprises shall be located in or owned by residents of the PSG areas designated by
Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
Those persons who are homeless or who are at risk of becoming homeless as defined in 42 USC
113(11 `^
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D. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in formeatim with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels tarpon, which would conflict in any manner or degree
with the performance of this Agreement and that no person having any conflict of interest shall
be vnployed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on
the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS
provided, however , that this paragraph shall be interpreted in such a mariner so as not to
unreasonably impede the stammry requirement that maximum opportunity be provided for
employment of and participation of low and moderate -incorre residents of the pryecttarget area.
E. PUBLIC ENTITY CRIMES
As provided in § 289.133, Fla. Star, by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT ocrtiGes 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 priding the date hereof This notice is required by§ 287J33(3)(a), Fla. Stan.
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide onto
fiee workplaces in accordance with the Drug Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDMG LOBBYRJG
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 or 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 contra d,
gain loan, or oopeative 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, on officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grans loan, or cooperative agreement, the
undersigned shall complete and submit Standard Fmm -LLL, "Disclosure Form to Report
Lobbying ", in accordance with its instructions.
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3. The wdersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall
certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying me the Projects
stated herein, and approved by the COUNTY in accordance with me Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CPR 24.101, shall be
subject to the provisions of the ESG Regulations including, but not limited to, the provisions on
use and disposition ofpmperty. Any real property within the SUBRECTPIENT round, which is
acquired or improved in whole or Part with ESG funds in excess of 825,00, must adhere to the
ESG Regulations at 24 CPR 570305.
IX. ENVIRONMENTAL CONDITIONS
The SUBRECIPIENT agrees m comply with the following requirements:
A. AIR AND WATER
1. Clean Air Act, 41 USC 7401, e(.seg.
2. Federal Water Pollution Control Act, 33 USC 1251, es Seq., as amended.
B. FLOOD DISASTER PROTECTION
To accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), the SUBRECTIENT 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 TEMA, which would satisfy this requirement and/or reduce the cost of said flood
C LEAD -BASED PAINT
The Subrocipicnt agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning
Prevention Act found in 24 CUR 576.57tc).
D. 141STORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements sat forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth is 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties. ^
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R CONDITIONSFOR RELIGIOUS ORGANIZATIONS
PSG funds may not be used for religious activities or provided to primarily religious
organizations. 24 CUR 576.23 specifies the limitations on ISO funds for faith based activities,
and is herein incorporated by reference.
XL REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBBECIPIENT shall rrdnsfer to rise COUNTY any ESG
funds on band at the time of expiration, any accounts rmeivable attributable to the use of ESG
funds, and any non - expendable personal property that was purchased with ESG funds. Any real
property under SUBTECIPIENT central that was acquired or improved in whole or in part with
ESG foods in excess of Twenty -five Thousand Dollars (525,000) will be covered by the
regulations 24 CET Pan 590.503(B)(8).
XIL SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would than continue W conform to the Ionia and requirements
of applicable law.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of Many seven (27) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed W be
an original, and such counterparts will eonstime one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto
and constrains the enure understanding. The patties hereby acknowledge that there have been
and are no representations, withantroy covenants, or undertakings other than those expressly set
form herein.
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WITNESS our Hands and Seals on this day of 20
(SUBRECIPIGNT SEAL)
ATTEST:
DWIGHT E. BROOK CLERK
By:
Deputy Clcfk
Approval se to fa= and
legal sufficiency:
Jennif B. White A2�
Assinant County Attorney C�
SA WCC, INC
BY:
LINDA OBERIMUSY,, EXECUTNE
DIRECTOR
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY
FRED W. COYLE. CHAIRMAN
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EXRIBIT °A°
SCOPE OF SERVICES
1011 ESC
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
The purpose of the activities pursuant m this Agreement is to provide assistance for operational and
administrative costs, in order an benefit this emergency shelter's clients This grant will provide
funding for salaries for a Maintenance Administrator, Security Guard, and Administrative Salary costs
In addition to salaries, Maintenance expenses will also be covered, as broken down in the budget
below.
B. BUDGET:
Linehan: ESG Funds MATCH
Operating UP TO 100% OF TOTAL GRANT
Maintenance Administrator - 100 %of salary $36,050.00
Security Guard - 100 %of salary $23,490.00
Payment for shelter maintenance , operation, $30,431.00
repairs, security, equipment, insurance, utilities,
food and furnishings.
Administration 25% of Grant to SAWCC for $2,365.00
Administration Salary
SAWCC MATCH $92,246.00
TOTAL GRANT AMOUNT AWARDED TO $92,246.00
SAWCC
Administration 2.5° o of Grant to HHVS $2,365.00
HHVS MATCH S 236500
TOTAL ESG GRANT FUNDS RECEIVED $94,611.00
Any indirect costs charged must be consistent wiN the conditions of this Agreement If indicant costs
ra charged, the SUBRECIPIENT, as Sumedpient, will develop an indirect cost allocation plan for
determining the appropriate Subrccipiem's share of administrative costs and shall submit such plan to
�..� HHVS, onbehalfof the County, as the Grantee, for HHVS'sapproval, in a form specified by HHVS.
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C. STAFFING Provide list staff and time commitments W be allocated to each activity specified in A
Wrteoct Scope) and BB d get) above, if applicable.
le FORMER PROJECTS: Failure to adequately maintain any former ISO forded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future ESG
funds
P. WORT: SCHEDULE: The time frame for completion ofthe outlined activities aball be October 24,
2012.
Tkrty percent (30 %) of the funding must be expended by December 30, 2011
Sixty percent (50 %) of the funding must be expanded by March 31, 2012
One hundred percent (100 %) of the funding must be expended by October 04, 2012
TASKS
START DATE
ENDDATE
Opemtienal and
administrative tests
October 25, 2011
October 24, 2012
Please note that if any of these activit@s excerd the rimedne by tore months a revised work schedule
must be submitted to HAT'S.
G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports m HHVS Outlining
the status of specific activities under the project. Each report must account for me total activity for
which the SUBRECIPIENT is reimbursed with SSG funds, in part or in whole, and wlilch is scoured
in fulfillment of their obligations regarding the Project The progress reports shall be submitted on the
form "Exhibit D' The progress reports shall be used as an additional basis for HHV S's approval of
invoices, etc for reimbursement.
H, 01JTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE
OUTCOMES
ACTIVITY
INDICATORS
Safe, decent
Affordability through the
03C Homeless Facili ties
Implementation ofthe
tempomry /emergency
direct services to the
Emergency Shelter Grant
shelter, food & clothing
shelter for safer and
for operating mid
to homeless persons.
accent emergency
administrative services.
housing to homeless
individuals.
I. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Pa went Schedule
Staff m administer the ESG Grant
program
Upon monthly invoicing of allowable
expenses up to 592,246
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EXHIBIT °B'
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST
Subremipienl Neme SAWCC
Subne piem Address: P.O. Box 10102, Naples PL 34101
Project Namm Essential services d0 (PSG)
Project No: ESII -01 Payment RequestA
Dollar. Amount Requested: $
SECTION If STATUS OF FUNDS
I. Grant Amount Awarded
$ 92,246
1 Sum of Past Claims Paid on this Account
3. Total Grant Sum
Of Past Claims Paid on this Account
Claims Pan on Account
t
$
4, Amount of Pre sous Unpaid Requests
5. Amount of Today's Request
S
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
S
9- If applicable amount held as retainage to date
by tor County, if not retained by the sum- rescipient
$
1 certify that this request for Disorient has been drawn In accordance
with the terms and conditions of the
Agreement between the County and us as the Sub recipient
I also certify that the mount of the Request for
Payment is not in excess ofourrent needs.
Sin anne
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required 515,000 and above)
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EXHIBIT °C" ^
INSURANCE REQUIREMENTS
The DEVELOPER SPONSOR shall famish to Collier County, eu Housing and Human Services
Department, 3339 Tamlami Trail E, Suite 211, Naples, Florida 34112, Ceirfusants) of
Insurance evidencing insurance coverage that knife the requirements as outlined below.
(a) Workers Compensation as required by Chapter 440, Florida Studies.
(b.) Public Liability Insurance on a comprehensive basis in an amount no less than S300,000
per occurrence for combined Bodily Injury and Property Damage Collier County must be
shown as an additional insured with respect to this coverage.
(c) Automobile Liability Insurance cevering all owned, non -awned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence for
combined Bodily Injury and Property Damage.
DESIGN STAGE (IP APPLICABLE)
In addition to me insurance required in (1) —(3) above, a Certificate of Insurance must be provided
as follows'.
(d) Professional Liability Insurance in the name of the DENS Pf 'SPONSOR or the
licensed design professional employe by the DEVELOPEWSPONSOR in an amount not
less than $300,000 per occurrence providing for all sums which the
DEVELOPER SPONSOR and /or the design professional shall become legally obligated to
pay as damages for claims arising out of the services performed by the
DEVELOPERNPONSOR or any person employed by tire DF.VELOPERSPONSOR in
connection with this contact. This insurance shall be maintained for a period of two (2)
years after the ceni6Cale of Occupancy is issued.
CONSTRUC I [ON PHASE (IF APPLICABLE)
In addition to the insurance required in (1) — (4) above, the DEVELOPERSPONSOR shall provide
or se its Subcontractors to provide original policies indicating the following types of insurance
cow erase prior to any construction:
(e) Completed Value Buddei s Risk Insurance on an "All Risk' basis in an amount not less
than one hundred (100 %) percent ofthe insurable value of the building(s) or swraum(s).
The policy shall be in the name of Collier County and the DEVELOPERSPONSOR.
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Exhibit C, Continued
(f) Flood Insurance shall be provided for those properties found to be within a flood hazard
some, cunt not less than the fall replace values of the completed mixtures) or
the maximum amount of coverage available through the National Flood Insurance
Program (N M), whichever is greater. The policy will show Collier Cowry as a Loss
Payee A.T.LM.A. This policy will be provided as such time that he buildings' walls and
roof exist.
OPERA T ONMANAOEMENi PHASE (IF APVtICABLE)
After the Construction Phase is completed and occupancy begins, me following insurance must be
kept in force throughout the duration of the loan and /or Contract
(g.) Public Liability coverage in an mount not less Loon $1,000,000 per occurrence for
combined Bodily 1 jury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
OF) Property Insurance coverage on an 'All Risk basis in an amount net less than one
bundred] (100 %) of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.1 M.4.
(i.) 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 hisumnce Program (NFIP). The policy must show
Collier County as a Loss Payee A T.I M.A.
End of Exhibit C
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EXHIBIT "D^ ^
COLLIER COUNTY HOUSING AND HUMAN SERVICES
2010 ESC MONTHLY PROGRESS REPORT
Complete f res impost month and seemed to Housing & Human Services s( ffby the no ofolefalowing month
Status Report for Month of Submittal Date:
Project Name Essential Sand Operating
Project Number 2511 -01 ActM(y Number
9ubrescipiena SAWCC
Contact Person Mamn Sanders
Telephone 239 -260 -1350 Pax:239- xxx -xxxx
E mail nnsand lcsshaelterorg
1. Activity Status /Milestones (desenbe any ninon taken, relating N this project, during the past month):
2. What events /actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding M6 project Please list
and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to We outcome measures listed on the application for this
project.
5, list additional issues that may cause delay.
2011.20111 Esa Page 22of29
SAWCC
Packet Page -1941-
10/25/2011 Item 16.D.2.
fi. New contracts executed this month (if applicable):
Name of Contractor r
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal lD
Number
Race
gee dmmenm on
following page)
Etbniciry
(see deflations on
following page)
1511 80c
7. For projects that serve a particular clientele, please complete the following information by entering the
appropriate number in the black spaces and in the chart below. Complete the below chart for NEW clients
cried this month. DO NOT DUPLICATE clients served in previous momhs. 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 crunchy, ather "houserholds'sir
"persons "). Emer the namher ofben hcunieu In the blank space and in box "l. "
INCOME
Of the households or persons assisted,__ are extremely low - income income (0-30%) of the cunent
Median Family Income (MFL. Enter this number in box "1"
Of me households or pereou assisted, re very low- iremic 31 -50 %) of the current Median
Family Income Evi Enter this number in box "3"
Ofthese households orpersois assisted, are low income (51 -80 %) of the current Median Family
Inoome(MFT). Fnairmssnumbrrinhox "4."
NOTE: The mmlofbrows 2,3 and 4 should equalrhe number in box
FEMALE HEAD OF HOUSEHOLD
This Protect assisted Female Heed of Households REGARDLESS of income. Enter this number
in box "5" below.
N
2011 Co Page 23of27
snwcC
Packet Page -1942-
BOX 4
Box 5
1511 80c
N
2011 Co Page 23of27
snwcC
Packet Page -1942-
10/26/2011 Item 16.D.2.
ESG Prozram Services
HOUSING AND SERVICES THIS ACIVITY PROVIDES:
Indicate Pro a and Sernic s Rith an "X^
#Total
Emergency Shelter Facilities
Vouchers Fos Shdlem
Drop in Center
Food Pantry
Menial Health
Alcohol l Dump Program
Child Care
Transitional Housing
Outreach
Soup Kitchen Meal Distribution
Health Care
HN /AIDS Smviuu
Employment
Homeless Prevention
(,her
^I[ awa chose OTHER Urge a description of M1 (15 Characters)
BENEFICIARY COUNT ESTIMATES:
Residential Services
#Total
AVERAGE NUMBER SERVED DAILY ADAM -If shelter
provides overnight acwmmodadons type in an estimate of the
average number of adults served daily.
AVERAGENUMBER SERVED DAILY CHILDREN If shelter
provides overnight accommodations type in an ofamate of the
average umber of children served daily.
AVERAGE NUMBER SERVED YEARLY If shelter provides
emighl accommodations type the memiSP number of protons
erved ymdy. Base number on ihelsersons served not number of
visils
Non- Resideatal generate#Total
AVERAGE NUMBER SERVED DAILY ADULTS —If yom shelter
des not hm might accommodation, tope thee over count of
ardent persons served daily. If a permit Is served t orethen
once deny, include each visit the e
w11101,ran Page 24of27
$.SWCC
Packet page -1943-
10/25/2011 Item 16.D.2.
Subrecioieut must indicate total beneficiaries for Race AND Ethuicity
Definitions of Race;
White: A person having origins in any of the orgind 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 Is original peoples of the Par East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malayes,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or commodity
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:
L Hispanic or Latina: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
On this table you approximate the racial and ethnic background of residential persons only that are served by
your facility. You must enter racial and ethnic chmacteristics for the same "Avenge Number Served
yearly" that you entered on the previous table.
Race
# Total
# Hispanic
White
Black or African American
Asia
American Indian orAlaslmu Native
Isative Hawaiian or Other Pacific Islander
American lndleNAlaska Native and White
Asian and White
BlaekAfiiwn Ammican said White
Arai term Alisman Native and Black/Afiican American
Olhcr Mulfi- Racial
TOTAL:
2011 '0121 Page 25of27
snwCC
Packet Page -19"
10/25/2011 Item 16.D.2.
ESG DEMOGRAPHIC FOR BENEFICIARIES:
Residential Services
%Male
%Female
Unaccompanied 18 and went
vomh 18 and under.
Unaccompanied Under I81
by adults over IS ea
Families with children Headed
by,
%Male
%Female
Single IS and Over Single From families with children headed by
an adult 18 and over?
Wbatisvouriesd ate Percentage of the remoulation ed Its ns
Type the following d t the erce tag of persons d on an average day
who fall into certain categories:
On An Averse day %Pt Ne Po elation served who are
wk
Youth IPand antler- Single parent families with children headed by a
vomh 18 and under.
Tao Parents 18 and over -Iwo parrot families with children headed
by adults over IS ea
Two Parents under IS-Two parent families with children hwded by
vonths under the age of
Wbatisvouriesd ate Percentage of the remoulation ed Its ns
residential tudent on an measure day which are famines with co
children?
Type the following d t the erce tag of persons d on an average day
who fall into certain categories:
On An Averse day %Pt Ne Po elation served who are
Battered Spouse
Prorate Throwaway Youth
Chronically Menallylll
Derolopmentally Disabled
HIV. AIDS
Alcohol Dependent mdMdPals
Dreg Dependent mdiiduals
elderly
Veterans
Physically. Disabled
other
mllxmz -esa Page 26of27
snwCC
Packet Page -19a5-
10/25/2011 Item 16.D.2.
Where appropriate identify the ious types of Shelters d by your program
and the number of persons housed in each:
How man ere homed in:
Total
6anacks
Hoass
Scattered it Apartment
Scgle
Single Family Detiochei H ouse
Family
Single Room O rcupanc y
MobileHorneTfrailet
HoteVMlotel
OtM1er
Type what the description of OTHER shelter types this activity Provides (25
Characters)?
Identifying the Funding sources for the Shelter-
What is the dollar amount of funds expended from the
following sources?
Tonal of
Other Federal
Loeal Govemmenr
Pmam
Fees
Other
- 2011 l5a Page 27of27
SAwCC
Packet Page -1946-
10/25/2011 Item 16.D.2.
121874
FL
MARCO ISLAND
$64,490
$0
$0
122064
FL
NAPLES
$101 }56
$0
$0
129021
FL
COLLIER COUNTY
$1,949,612
$662,126
$94,611
Emergency Shelter Grants(i will be allocated in a Me stage process (1) $160 million Immediately allocated
under existing Emergency Shelter Grant regulations; and (2) $65 million, at least, will be allocated once the new
Emergency solutions Grant regulations are published for effect
We have not received confirmation of the a2 allocation at this point in time
Packet Page -194]-
10/25/2011 Item 16.D.2.
mrisdimon - Collier County
pmpoxM One Year Anion Plan for year 2011 -2012 Includes the fallowing projects one
hic approximate footling amounts. Please se n note, funding is based on anus] funds received from
HUD:
David Lawrence- Crossmads Expansion Project
$
208,223
City of Naples -Park Improvements
$
100,954
lmmakale l CRA -Main Street Crosswalk Project
$
140,000
Collier County HHVS Senior Meals Expansion
$
95,000
Collier County Housing Authority- Tenant Speed Rental Assistance
$
300,000
Housing Authority- Tenant Based Rental Assistance, Administration
$
30,000
Guadalupe Cenaer-3ob Creation Program
$
25,000
COBG- Planning Be Administration (HHVS)
$
404,298
Shelter for Abused Women &Children - Emergency Shelter Grant
is
128,166
ESG-Adminlstrution (HHVS)
$
3,286
Housing Development Cory of SW FL- Homebuyer Education Program -CDBG
$
30,000
Housing Development Corp of SW FL- Homebuyer Education Program -HOME
$
47,844
CHDO Set- Aside-Florda Non -Profit
$
24,538
CHDO Operating - Empowerment Alliance of SW FL
$
24,846
Empowerment Alliance of SW FL- Homebuyer Education Program (Immokalee)$
38,000
Parks & Recreation Department- Eagle Lakes Community CemeNVPK
$
775,016
David Lawrence Center- Emefgenry Back -up Generator
$
175,000
HOME - Administration (HHVS)
$
49,692
TOTAL $2,649,863
L,.aer County is currently developing a 5 -Year Consolidated Plan (CP) and this One Year Action
Plan that art required by the U.S. Department of Housing and Urban Development (HUD). The 5-
Year Consolidated Plan guides housing and non - housing community activities. The goals of me CP
re to: provide decent housing) provide a suitable living environment; and expand economic
opportunities for very low, low and moderate- Income persons. "a 5-Year Consolidated Plan will
cover program years 2011 -2016. The One Year Action Plan which is included within the
Consolidated Plan will determine expenditures for activities that will be conducted in the 2011 -2012
Program year.
General Questions
1. Dsso ibe the geographic areas of one jurisdiction [lndutling areas of low Income families and /or
cial /minority concentration) In which assistance will be directed during the next year. Where
appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to
dedicate to target areas.
2. Descn w the basis for allocating investments geographically within the jurisdiction (or within
the EMSA far HOPWA) (91.215(a)(1)) during one next year and the rationale for assigning the
oranges.
-.3. Desctlbe anions that will take place during the next year to address obstacles to meeting
anaerserved needs.
Year Action Plan 2 version 2.0
Packet Page 1948-