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Agenda 03/09/2010 Item #16D 6 Agenda Item No. 1606 March 9. 2010 Page 1 of 45 ~'-", EXECUTIVE SUMMARY Recommendation to approve the Community Development Block Grant-Recovery (CDBG- R) template and authorize the Chairman to sign four (4) subrecipient grant agreements providing American Recovery and Reinvestment Act (ARRA) funds for projects to assist low and moderate income citizens throughout Collier County. ORJECTIVE: To approve the Community Development Block Grant-Recovery (CDBG-R) template and authorize the Chairman to sign four (4) subrecipient grant agreements American Recovery and Reinvestment Act (ARRA) funds for projects to assist low and moderate income citizens throughout Collier County. -,"'--, CONSIDERATIONS: On April 22, 2008 the Board of County Commissioners adopted Resolution No. 2008-121 approving the submission of the One-Year Action Plan for FY 2008- 2009 to HUD. This Action Plan provided a summary of the projects to be funded between July 1,2008 and June 30, 2009. On February 17,2009, Congress passed the American Recovery and Reinvestment Act of2009 (ARRA) and appropriated one billion dollars in CDBG funds to carry out eligible activities under the CDBG program to assist in the nation's economic recovery. On May 5, 2009, HUD announced the availability of CDBG-R funding. In order to receive these funds Collier County had to make a substantial amendment to the One Year Action Plan for FY2008-2009, and submit the amendment to the Department of Housing and Urban Development no later than June 5, 2009. On June 23, 2009, the BCC provided after the fact approval (Item 16D7) for the Collier County CDBG-R submission. On August 19, 2009, the Collier County Housing and Human Services Dcpartment received notice of HUD's CDBG-R funding in the amount of$631,283 and the BCC approved the receipt of the CDBG-R funding on September 15, 2009 (Item 16D13). The attached CDBG-R template will be used as the basis for the subrecipicnt agreements with the participating agencies providing activities intended to create suitable living environments, provide decent affordable housing and create cconomic opportunities. The following agencies will reccive CDBG-R funding: Subre~ents Proiect Funded Amounts CityofN~eslEntitlement . Anthony Park $30.365.00 City of Marco Island/Entitlement Streelscape Landscaping $19,618.00 Greater Immokalee Southside Front Porch Immokalee Apartments! Air Conditioning $448,170.00 Housi!!lLDev~ment Corp of SW Fla Credit Counseling $40,500.00 Empowerment Alliance of SW FLa Credit Counseling $34,500.00 Collier County HHS! Administration of CDBG.R CDBG.R Administration $58,130.00 Total $631,283.00 * (To be presented at a later date as approval from the Naples City Council is required) Project scopes describing individual funding amounts, program descriptions, and project milestones are included as attachments to this executive summary. - ~.". ''''''''.',~., "'-""-~'...._'--,._""-- ,,-'. ,.", ._~,~~" '.,'- ^ .,~.=, -".,'-' .- -,~,.,..~- .' ,".,_.~,,~_._-'., ... Agenda Item No. 1606 March 9, 2010 Page 2 of 45 SPECIAL CONSIDERATIONS RELATED TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009: Grantees are required to ensure that public funds are expended responsibly and in a transparent manner to further the job creation, economic recovery, and other purposes of the Recovery Act. The grant program guidelines and subsequent grant agreement template make reference to identify and ensure all additional compliance requirements related to the ARRA terms and conditions will be met, however the attached document highlights the major requirements and how Collier County will maintain compliance. FISCAL IMPACT: No general funds are associated with these CDBG-R subrecipient agreements. ARRA Grant Fund (125) for FY09, received $63 1,283.00 of which $30,365.00 will be passed tlrrough to the City of Naples and $19,618.00 will be passed through to the City of Marco Island for their projects. A total of $523,170.00 will be retained for Collier County CDBG-R projects. No match funds are required. Collier County will retain a total of$58,130.00 for grant administration. GROWTH MANAGEMENT IMPACT: The CDBG-R projects associated with these subrecipient agreements will help meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This agreement has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG ,"'~' RECOMMENDATION: Recommendation to approve the Community Development Block Grant-Recovery (CDBG-R) template and authorize the Chairman to sign four (4) subrecipient grant agreements American Recovery and Reinvestment Act (ARRA) funds for projects to assist low and moderate income citizens throughout Collier County. Prepared by: Rosa Munoz, Grants Coordinator Housing and Human Services Department ..- ~ u61o.. ~ V~ .:.. Agenda Item No. 1606 March 9, 2010 Page 3 of 45 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 1606 Recommendation to approve the Community Development Block Grant.Recovery (CDBG.R) template and authorize the Chairman to sign four (4) subrecipient grant agreements providing American Recovery and Reinvestment Act (ARRA) funds for projects to assist low and moderate income citizens throughout Collier County. 3/9/20109:00:00 AM Item Number: Item Summary: ~l_."n.\" __.~.J_'T'__4-\T:~u__...4-\1C^ lo~_.._L" "(\1(\\1/ nr-.1lo.TC"T:1lo.T'T' "r'-T:"lro.TT'l."\1/T'l. nTTnTTr'o C1T: 1'1'''(\1(\ "~... -,_."... ,.-.... i U6\,.<.:... Vi... Agenda Item No. 1606 March 9, 2010 Page 4 of 45 2/26/20103:03 PM Approved By Mark Isackson ManagemenUBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 2/27/20102:23 PM ~1_."r".1 A _~__.:J_'T"~_..lru.__.....\l~(\ "'''_u_1- (\ ""(\1(\\1/ r''.....1o.T(,01'1o.T'T'' Ar"r'1o.TT"I. All I:"T"I. nTTT\T Tr" ('Or """"'''''(\1(\ Agenda Item No. 1606 March 9, 2010 Page 5 of 45 - AGREEMENT BETWEEN COLLIER COUNTY AND ~..:...,....,i.,.,i;;':', ,:"-......'f~;.':... .. :"," ',- >' .',\-," .. 0;,,'.. .. -.- - .. Catalog of Federal Domestic Assistance # 14.253 HUD Grant # B-09-UY-12-0016 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and ~~~ft choose either: a private not-for-profit corporation OR municipality existing under the laws of the State of Florida, having its principal office at ~ ~~~ and its Federal Tax Identification number as Enter Subrecipient tax ID number, and Dun & Bradstreet number as ("SUBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) pursuant to the authority of Title XII of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)(the Recovery Act). - WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to use Community Development Block Grant-Recovery (CDBG-R) funds for: activities intended to create suitable living environments, provide decent affordable housing and create economic opportunities; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year 2009-2010 for the CDBG-R Program for April 28, 2009-Agenda Item 16D3; and WHEREAS, Resolution 08-121 was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01-02; and WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2009-2010 for the CDBG-R Program and the use of the CDBG-R funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG-R 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: - 2009-2010 CDBG.R NON.PROFIT AGREEMENT TEMPLATE Page I ofl Agenda Item No. 1606 March 9, 2010 Page 6 of 45 I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "ARRA" means the American Recovery and Reinvestment Act (Public Law 111- 5). (C) "CDBG-R" means the Community Development Block Grant-Recovery Program and pursuant to the authority of the ARRA. (D) "HHS" means Collier County Department of Housing and Human Services. (E) "HHS's Approval" means the written approval of the Department of Housing and Human Services or designee. (F) "SUBRECIPIENT" means Enter Name of Subrecipient Here. (G) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (H) "Low and moderate income persons" means the definition set by HUD. (I) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be ~J!mrB ,.,~.,__"w,~ 12:it-~!lO'~ Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior written approval. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to $~~~jI~1 Any funds not obligated by the expiration date of this Agreement shall automatically revert to the HUD. 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 Insert Dollar Value and 00/100 dollars (U.S. $) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPlENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHS, which shall have access to all records and documents related to the project. 2009-2010 CDBG.R NON-PROFIT AGREEMENT TEMPLATE Page 2 of2 Agenda Item No. 1606 March 9, 2010 Page 7 of 45 - The County shall reimburse the SUB RECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUB RECIPIENT 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 S 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) 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 HHS' Policies and Procedures memoranda, .~ Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHS 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. REGULA DONS AND LAWS The SUB RECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: - I. The American Recovery and Reinvestment Act (Public Law 1 1 1-5). Special conditions apply. See Exhibit C (attached and incorporated herein) and for additional information see www.recovery.gov. 2009-2010 CDBG-R NON-PROFIT AGREEMENT TEMPLATE Page 3 of3 . ',...--- ----"-. Agenda Item No. 1606 March 9, 2010 Page 8 of 45 2. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant-Recovery (CDBG-R) funds. 3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 4. Title VI of the 1984 Civil Rights Act, 42 USC 9 2000d, et. seq. 5. 24 CFR 107 - The regulations issued pursuant to Executive Order 1 1063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC 9 2000e, et. seq. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1975. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. I I. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5). 12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 13. 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-R. (See 42 USC 276a and 24 CFR 135.ll(c)). 14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 15. 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-Recovery Contracts. 16. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 17.0MB Circular A-133 - concerning annual audits. ] 8. OMB Circular A-] 22 - which identifies cost principles. 2009-2010 CDBG.R NON.PROFIT AGREEMENT TEMPLA TE Page 4 of 4 Agenda Item No. 1606 March 9, 2010 Page 9 of 45 "- 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 20. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUB RECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Chapter 112, Florida Statutes. 23. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. -">-~ 24. 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 tenns of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 25. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. .- 26. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUB RECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under 9 44.102, Fla. Stat. 2009.2010 CDBG-R NON-PROFIT AGREEMENT TEMPLATE Page 5 of5 --"..--" - .'--- ,-.......-.....---...., Agenda Item No 1606 March 9, 2010 Page 10 of 45 D. SUBCONTRACTS Any work or services subcontracted by the SUB RECIPIENT 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 HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIP1ENT 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 SUB RECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein, Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUB RECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS & ARRA in all publications and publicity. In addition, the 2009-2010 CDBG.R NON.PROFIT AGREEMENT TEMPLATE Page 6 of6 Agenda Item No. 1606 March 9, 2010 Page 11 of 45 - SUB RECIPIENT will make a good faith effort to recognize HHS & ARRA support for all activities made possible with funds made available under this Agreement. The SUB RECIPIENT will mount a temporary construction sign for projects funded by HHS & ARRA. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County Codes. H. TERMINATION In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of termination, the SUB RECIPIENT shall not be relieved ofliability 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. 1. TERMINA TION FOR CAUSE ~-. If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date oftermination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. I. INSURANCE SUB RECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance 0 f the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. .- 2009-20]0 CDBG-R NON-PROF]T AGREEMENT TEMPLATE Page 7 of7 Agenda Item No. 1606 March 9, 2010 Page 12 of 45 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 contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUB RECIPIENT fails to submit the required insurance documents in the manoer prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default ofthe terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions oflaw 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 SUB RECIPIENT agrees to comply with OMB Circular A-IIO (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 I. The SUB RECIPIENT shall maintain all records required by CDBG-R and ARRA. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUB RECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS ifrequested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 2009-2010 CDBG.R NON. PROFIT AGREEMENT TEMP LA TE Page 8 of8 Agenda Item No. 1606 March 9, 2010 Page 13 of 45 0_ 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS 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-R funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D-2." 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUB RECIPIENT' 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-R funded project may result in the delay 0 f processing reimbursement requests for ongoing activities or in the forfeiture offuture CDBG-R funds. 8. The SUB RECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS. AUDITS. AND EVALUATIONS I. Quarterly ARRA reporting is required of SUBRECIPIENT and SUBRECIPIENT's vendors, including data elements described in Section 1512 of the ARRA and further outlined at www.federalreporting.gov. HHS will establish timelines for the submitting of quarterly reports. 2. Monthly progress reports will be submitted using the form attached as Exhibit B and will be accompanied by a Request for Reimbursement if applicable. - 3. 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. 2009.2010 CDBG-R NON.PROFIT AGREEMENT TEMPLATE Page 9 of9 ---. "'"- . _.~". -------. --- Agenda Item No. 1606 March 9, 2010 Page 14 of 45 4. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUB RECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS or HUD to enable HHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. D. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD REOUIREMENTS The SUB RECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PRIOR WRITTEN APPROVALS (I) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1 ,000 or more; (3) All out-of.town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by CDBG-R); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A"; and (6) All rates of pay and pay increases paid out of CDBG-R funds, whether for merit or cost ofliving. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-11 0, A-122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. Non.profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-B3. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-B3, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, 2009-20 I 0 CDBG-R NON.PROFIT AGREEMENT TEMPLATE Page 10 of I 0 Agenda Item No. 1606 March 9, 2010 Page 15 of 45 _. perfonnance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A-133 apply, or when the SUBRECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHS- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHS no later than six months following each audit period. -- 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUB RECIPIENT shall include in all HHS approved subcontracts each of the recordkeeping and audit requirements detailed in this contract. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHS. 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 HHS, and said plan shall require the prior written approval of HHS or its designee. Accounting and disbursement of such income shall comply with OMB Circular A-I 10 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. Program Income, as defined by 24 CFR 570.500(a), may be retained by the 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 SUBRECIPlENT or its sub-contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHS to utilize uncommitted funds. - 2009-2010 CDBG.R NON.PROFIT AGREEMENT TEMPLATE Page I I of11 . ',-,~,'''._" Agenda Item No. 1606 March 9, 2010 Page 16 of 45 I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUB RECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance ofthis Agreement on the basis ofrace, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women- owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents ofthe CDBG-R areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. 2009-20] 0 CDBG.R NON.PROFIT AGREEMENT TEMP LA TE Pagel20f12 Agenda Item No. 1606 March 9, 2010 Page 17 of 45 _. D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in S 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by S 287.133 (3) (a), Fla. Stat. F. DRUG-FREE WORKPLACE REOUIREMENTS _. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. -- 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2009-2010 CDBG-R NON-PROFIT AGREEMENT TEMPLATE Page 13 of 13 ._--_.~.."_. ...,...._~-- .. ,,_.~_. Agenda Item No. 1606 March 9, 2010 Page 18 of 45 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. H. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose Of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions ofCDBG-R 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-R funds in excess of $25,000, must adhere to the CDBG-R Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: 1. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. I f appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood lllsurance. C. LEAD-BASED PAINT The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 570.608. D. HISTORIC PRESERVATION The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. 2009-20 I 0 CDBG.R NON. PROFIT AGREEMENT TEMPLATE Page 140fl4 Agenda Item No. 1606 March 9, 2010 Page 19 of 45 --," X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG-R funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.200G) specifies the limitations on CDBG-R funds. XI. REVERSION OF ASSETS Upon expiration ofthe Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG-R funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG-R funds, and any non-expendable personal property that was purchased with CDBG-R funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B) (8). XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. XIII. COUNTERPARTS OF THE AGREEMENT - This Agreement, consisting of Insert written number of pages (#) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. -, 2009-20 I 0 CDBG-R NON.PROFIT AGREEMENT TEMPLATE Pagel50f15 -_._".--.....~..__..~' . --..-.----- , ---,- ---- , Agenda Item No. 1606 March 9, 2010 Page 20 of 45 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this Enter Month, Date, Year ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: . FRED W. COYLE, CHAIRMAN Dated: (SEAL) First Witness Insert the name of Subrecipient here! By: Subrecipient Signature Type/print witness name Type/print Subrecipient name and title Second Witness Type/print witness name Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney 2009-2010 CDBG.R NON.PROFIT AGREEMENT TEMPLA TE Page 160fI6 Agenda Item No. 1606 March 9, 2010 Page 21 of 45 .',~- EXHIBIT "A" SCOPE OF SERVICES ~~.~~ ~~~f~~_ THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: Enter Scope Here B. BUDGET Insert budget dollar value and the work to be covered in the budget ."", Clarifications to the quantity and types of work to be conducted under Exhibit B will be made upon receipt of bids by the SUBCONTRACTOR and review by HHS. All clarifications to the budget line items will be processed by a Change by Letter, Exhibit A-I, and made an integral component of this Agreement. C. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/TASK END DATE TASK DATE TASK DATE TASK DATE TASK DATE TASK DATE Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. EXHIBIT "A-l~ CHANGE BY LETTER -- 2009-20 I 0 CDBG-R NON.PROFIT AGREEMENT TEMPLATE Page 17 of 17 --. , ~_. -" Agenda Item No. 1606 March 9, 2010 Page 22 of 45 ~..., ~~;' COLLIER COUNTY GOVERNMENT Collier County Housing & Human Services Public Services Division Date User Name Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # Contact Name Name afFirm Address RE: Zero Dollar Coutract Chauge Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: By copy of this letter. the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: · The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. . Additionat Staffing Categories Professional Position(s) Hourly Rate(s) · Draw against Allowance (specify allowance item and identify specific items and quantities) · Other: Scope Ctarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department 2009-2010 CDBG.R NON.PROFIT AGREEMENT TEMPLATE Page 18 ofl8 Agenda Item No. 1606 March 9, 2010 Page 23 of 45 .- EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Hurnan Services Department, 3301 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 - 3 above, a Certificate of Insurance must be provided as follows: - 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I - 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. ,- 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) 2009-2010 CDBG.R NON.PROFIT AGREEMENT TEMPLA TE Page 19 of19 -"'.'''- -... .~."...."",...._-",-_.,, , Agenda Item No. 1606 March 9, 2010 Page 24 of 45 After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values 0 f the structure( s) or the maximum amount of coverage available tlrrough the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. 2009-20 I 0 CDBG-R NON.PROFIT AGREEMENT TEMP LA TE Page 20 of20 Agenda Item No. 1606 March 9,2010 Page 25 of 45 - EXHIBIT "C" ADDITIONAL CDBG-R GRANT REQUIREMENTS Strict Compliance with all aspects ofthe American Recovery and Reinvestment Act ("ARRA") is required which includes but is not limited to governance, transparency, data collection and resources. Please see www.recovery.org for additional information. (1) Title I ofthe Housing Community Development Act of 1974 (42 use 5301 et. seq.), Section 109 provides that no person in the United States shall, on the ground ofrace, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. (2) The Buy American rule as outlined in section 1605 of the ARRA. All equipment and products purchased with grant funds should be American made under the provisions entitled "Required Use of American Iron, Steel and Manufactured Goods." (3) The Davis-Bacon Act as outlined in Section 1606 of the ARRA. ._. (4) The National Environmental Policy Act of 1969 (42 USC 4321 et. seq.). (5) Requirements for Implementing Sections 1512, 1605, and 1606 of the ARRA for Financial Assistance Awards. (6) All subrecipients and contractors are required to obtain a DUNS number and register with the Central Contractor Registration. -.- 2009-2010 CDBG.R NON.PROFIT AGREEMENT TEMPLATE Page 21 of21 ~"'-- , --~ .., - -~, ".,~-_. Agenda Item No. 1606 March 9, 2010 Page 26 of 45 EXHIBIT "D" REQUIRED SUBMITTALS D-l Request for Payment D-la Release and Affidavit Form D-2 CDBG-R Monthly Progress Report 2009-20 I 0 CDBG.R NON.PROFIT AGREEMENT TEMPLA TE Page 22 of22 Agenda Item No. 1606 March 9, 2010 Page 27 of 45 - SCHEDULE "D-I" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Enter Subrecipient Name Subrecipient Address: Enter Subrecipient Address Project Name: Enter Proiect Name Project No: CDBGR-09- Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ Enter $ 2. Sum of Past Claims Paid on this Account $ _. 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) -- Dept Director (approval required $15,000 and above) 2009.20 J 0 CDBG-R NON.PROFIT AGREEMENT TEMPLATE Page 23 of 23 Agenda Item No. 1606 March 9, 2010 Page 28 of 45 SCHEDULE "D-la" RELEASE AND AFFIDAVIT FORM The SUB RECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is glVen in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: President DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2010, by , as of A Choose Not-For-Profit, or Municipality on behalf of Choose Not-For-Profit, Corporation or He/She is personally known to me OR has produced as identification and who did (did not) take an oath. or Corporation Municipality My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 2009.20 I 0 CDBG.R NON.PROFIT AGREEMENT TEMPLATE Page 24 of24 Agenda Item No. 1606 March 9, 2010 Page 29 of 45 - SCHEDULE "D-2" CDBG-R MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Service's staffby the Ztfh of the following month. Status Report for Month of . Submittal Date: Project Name Insert Proiect Name Here Project Number CDBG-R Activity Number Subrecipient: Enter Subrecipient Name Here Contact Person Enter Contact Person and Title Here Telephone: Phone Number (area code) xxx.xxxx Fax: Enter Fax Number (area code)xxx- xxxx E-mail: Enter Email Address ,"~ 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): -,-~ 2009.2010 CDBG.R NON.PROFIT AGREEMENT TEMPLATE Page 25 of25 ----,-- ..- ---- --- - - -- --,- -,.- . Agenda Item No. 1606 March 9, 2010 Page 30 of 45 Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions Number Number on following on following page) page) . For projects that serve a particular clientele, please complete the following infonnation by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits "households" or "persons"). INCOME households or persons. Please circle one category (either Enter the number of beneficiaries in the blank space and in Box 1." Of the households or persons assisted, of the current Median Family Income (MFI). are extremely low-income income (0-30%) Enter this number in Box "2. " Ofthe households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low-income (51-80%) of the current Median Family Income (MFI). Enter this number in Box "4. " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX2 BOX3 BOX4 BOX5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) 2009.20 J 0 CDBG-R NON.PROFIT AGREEMENT TEMPLATE Page 26 of26 Agenda Item No. 16D6 March 9, 2010 Page 31 of 45 ,-.- Subrecipient's must indicate total beneficiaries for Race AND Ethnicin;: Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Afri ca. Black or African-American: A person having origins in any ofthe black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. ~ Tabulation Table of Race and Ethnicity Beneficiaries Race' ......... . '. .......i ... # Total #Hi . amc White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: 08-PRC-OI009/ ._~" 2009-2010 CDBG-R NON-PROFIT AGREEMENT TEMPLATE Page 27 of27 --. ,_.~._-'- ._- Agenda Item No. 1606 March 9, 2010 Page 32 of 45 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this March 9, 2010. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF . COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Dated: (SEAL) First Witness CITY OF MARCO ISLAND By: Subrecipient Signature Type/print witness name Second Witness Type/print Subrecipient name and title Type/print witness name A ved as to form and legal sufficiency: ~ olJeen M. Greene Assistant County Attorney 2009-2010 CDBG-R City DC Marco Island Man:o Highland...Land5<llping Page 16 of28 Agenda Item No. 16D6 March 9, 2010 Page 33 of 45 --. EXHIBIT " A" SCOPE OF SERVICES LANDSCAPING SUBDIVISION OF MARCO HIGHLANDS 2ND AVENUE. stb A VENUE and MARCO LAKE DRIVE THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: -~-- The City of Marco Island proposes to provide landscaping and streetscape along the recently constructed concrete sidewalk adjacent to 2nd A venue, 5th A venue, and Marco Lake Drive located in the Marco Highlands Subdivision within the City of Marco Island in Collier County, Florida. This project will provide shade and rest benches for the pedestrians utilizing the new facilities and will be an area wide benefit to a targeted population as determined by the income survey conducted by the City of Marco Island. The targeted income range for the area of activity is 80% of AMI the threshold for the low and moderate income designation. This funding will cover all costs associated with the construction including survey, project design, and construction management services. Collier County Department of Housing and Human Services is funding NINETEEN THOUSAND, SIX HUNDRED EIGHTEEN DOLLARS ($19,618.00) with CDBG-R funds for this landscaping project. In addition to documents requested pursuant to the agreement, the Subrecipient will be responsible for submitting the following to HHS: a. Submission of documentation to qualify project as an area wide benefit through an income survey conducted by The City of Marco Island as approved by HUD. B. BUDGET - Landscaping Line Item: CDBG Funds $19,618 Landscaping (Plantings, Sod, Restoration) Survey, Project Design, Services during Construction-Construction Management services Contingencies-(Benches if design allows) Total Estimated Project Cost $12,618 $ 5,000 .$ 2.000 $19,618 - CDBG-R City of Marco Island Infrastructure-Landscaping --"- ..-.""'--, -.- Agenda Item No 16D6 March 9, 2010 Page 34 of 45 Further clarifications to the quantity and types of work to be conducted under Exhibit A will be processed by a Change by Letter, Exhibit A-I, and made an integral component of this Agreement, if necessary. C. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/TASK START DATE March 2010 A ril 2010 Jul 2010 July, 2010 END DATE Sub-reci ient A eement Si ed Pro'ect Des; A ward of Contract Conduct income survey & provide results to HHS work with HHS to determine and confirm eli ibili Begin Construction March 2010 Ma , 2010 Se tember 20 I 0 August, 2010 September, 2010 June 15,2011 NOTE: Performance milestones are in effect for program monitoring requirements only, and as such, are used by HUD and other grantor agencies as general target goals rather than strict performance requirements. This agreement shall allow reimbursement of expenses for all eligible costs associated with the agreement and does not require the completion of all agreement milestones for reimbursement to be paid. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. E. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS SUITABLE Sustainability through Infrastructure- Area of sod LIVING public improvements for Installation of sod, installed, number ENVIRONMENT restoration of sod and landscaping, and of trees and shrubs installation of landscaping streetscape installed, number adjacent to the public improvements of benches ri hts-of-wa installed. CDBG-R City of Marco Island Infrastructure-Landscaping ---- . ----. -,'-'- Agenda Item No. 1606 ~....I 2,2:~C Page 35 of 45 - lNWITNESS WHEREOF, the Subrecipientancl the County, baveeacb, respectively, by an authorized i5'aOD or agent, hcmmder set their b8Dda and seels on this March 09.2010 ATfEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED COYLE, CHAIRMAN Dated: (SEAL) First WiUless The Empowennent AlliaDce of Southwest - Florida CDC (EASF) Type/print Sulm:lcipient MJ1le and . 41 '7 /}, ./.. .... & .I (,!., , . o.,~..th'{ Coo k.. Typc/Jltmt WItness namo: Second Witness. ! I - , ctl6 Ueen M. Greene Assistllnt County Attorney as to form and legal sufficiency: - ~IOCOIKJ.R AGREEMENT EASF H.....b""... E41C....it Repoir Page 16 of28 .....-.-._---_.....- - ---~~-"";.,,","~- .""'" , -, ".."'.-.-.--" _.._"..u'"._..~..."..~'~"._' ,.-."."-"---' .--."-,, Agenda Item NO.1 March 9, 2010 Page 36 of 45 EXHmIT"A" SCOPE OF SER~ The E"'I'l""t. .ltent AUitznce Corporation of SW Florida (EASF,lIB-09-UY-I2-o016 CDBG-R CrediJ Repoir/HolIII!buyer Education and COlUlSe/Jng THE SUBRECIPIENT AGREES TO: A. f.ROJECT SCOPE: The Empowerment Alliance Corporation of SW Florida (EASF) proposes to use Community Development Block Grant-Recovery Act (CDBG-R) funds for credit and budget education, and one-on-one credit to low and moderate income families. EASF is certified by the Neighbor Works Center of Homeownership Education and Counseling (NCHEC). EASF is also a HVD certified counseling agency and operates in an area designated by HUD. . Collier COImty Department of Housing and Human Services is using CDBG-R funds in the amount of THIRTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($34,500) for this CDBG-R project. The SUBRECIPIENT a&>ec:s to complete the following, in addition to other CDBG-R requirements: !L Provide proof of being a HUD Certified Counseling Agency. b. Class evaluation smnmaries must be submitted to HHS with a monthly . . momtonng report. c. Conduct twelve (12) classes covering credit and budget education. d. Conduct ten (10) Homebuyer Education classes (Part 2) covering closing on a home, maintaining the home, and maintaining a budget and finances. e. Thirty (30) households to receive pre-purchase and/or extended credit counseling . seSSIOns. f. Reach approximately 230 attendee's per year. B. ~ Credit RepairlHomebuyer Education and Counseling Line Item: CDBG-R FtIllds Homebuyer Ed//Credit Repair Classes ($1,500 per Class122 Classes) $33,000.00 Individual Counseling Sessions ($50 per session/30) TOTAL CDBG.R FUNDS $ 1,500.00 534, 500.00 Clarifications to the quantity and types of work to be conducted under Exhibit B will be made upon receipt of bids by the SUBCONTRACTOR and review by HHS. All clarifications to the budget line items will be processed by a Change by Letter, Exhibit A-I, and made an integral component of this A&J ec:ment. 2009-2010 CDBG-R AGIlEEMENT EASF Homebuyer EdlCredit Repair Page 17 of28 Agenda Item No. 1606 March 9, 2010 Page 37 of 45 -,-- C. The time frame for completion of the outlined activities shall be: MILESTONEffASK START DATE END DATE Provide Credit and Budget Education Worksho 5-12 worksho 9. Provide Homebuyer Education (part 2) for a total of 10 worksho s. Provide pre-purchase and/or el(tended credit counselin to 30 households. Reach roximatel 230 attendees March. 2010 March,2010 A '1, 2011 April,201l Detc;n..ine dates of education Mardt, 2010 April, 2011 March,2010 April,201l March, 20 I 0 A '1,2011 NOTE: PerformJIlfu milestones are i1f effect for program molfitorillg requirements only, and as sueh, are Wled by BUD and other grtllftOr agencies IU general target goals rather thlln strict perj0171fIllfCe reqlliremenlS. ~.- This agreement shall allow reimbllrst!1/Vnt of expenses for all eligible costs associated with the agreement and does not reqllire the completiolf of all agreement mikstolfesfor relmbursemelft to be paid. Plerzse note that jfalfY of these lICti"itles u:ued the timltllnl!s by two mo1fths a revised work schedllle nuut be sllbm1tted to HHS. D. OUJ:CO~ rERFORMANQi; j'dEA&URE~TS: OBJECTIVE SUrTABLE LIVING ENVIRONMENT OUTCOMES Atfordability through credit repairlbomebuyer education and/or extended counseling program for low-moderate income citizens ACTIVITY Credit Repa;rlHomebuyer Education and Counseling INDICATORS Credit &. Budget Education and Homebuyer Education Worlcshops for a totals of 22 classes 30 Households 10 receive pre-purchase and/or el(tended credit counseling Reach apprOltimately 230 attendees r - 2009-2010 CDBG-R AGREEMENT EASF Homobuyer EdlCredit Repair Page 18 of28 '----..-..- ,.-,., Agenda Item No. 1606 ~g,:J~ Page 38 of 45 IN WITNESS WHEREOF. the Subrecipient and the County. have each. respectively, by nn aulhorized person or lIllent, hereunder sellheir hands and seals on this March 09, 2010 A nEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COI.UER COUNTY. FLORIDA By: FRED W. COYLE. CHAIRMAN . Dated: (SEAL) Firsl Witness Housing DeveloJllllent Corporation of Southwe.~! Florida (HOC) ~ Gueval'll Type/print witness name Chery Pl\llerson Type/print witne"" name 2fKJlJ-20l0t'UU(,.Jt ^()RHHMI~'J' Hue Iltllll'-""U\"\.'r F~d/Crcdd Rcpuir . PIIll" 16 of28 Agenda Item No. 1606 March 9, 2010 Page 39 of 45 -.--. , EXHIBIT "A" SCOPE OF SERVICES Housing Development Corporation ofSW FIoriJIJI (HDC)/B-09-UY-12-0016 CDBG-R Credit RepairlHomebuyer Education a"d Courueling THE SUBRECIPIENT AGREES TO: A. The Housing Development Corporation of SW Florida (HDC) proposes to use Community Development Block Grant-Recovery Act (CDBG-R) funds for credit and budget education, and onc-on-one credit repair to low and moderate income families. The HOC is cet1ified by the Neighbor Works Center of Homeownership Education and Counseling (NCHEC). The HOC is also a HUD certified counseling agency and operates in an area designated by HUn. Collier County Department of Housing and Human Services is using CDBG-R funds in the amount of FORTY lHOUSAND FIVE HUNDRED DOLLARS ($40,500) for this CDBG-R project. ,~" The SUBRECIPIENT agrees to complete the following, in addition to other CDBG-R . reqwrements: a. Provide proof of being a HUD Certified Counseling Agency. b. Class evaluation summaries must be submitted to HHS with a monthly . . momtonng report. c. Conduct approximately twelve (12) Homebuyer Education/Credit Repair Workshops (consisting of three and one half hours (3 1/2 hrs) for a total of approximately 26 classes. d. Thirty (30) households to receive pre-purchase and/or extended credit counseling . SesSIOns. e. Reach approximately 250 attendee's per year. B. .BUDGJi:T: Credit RepairlHomebuyer EdueatioD and COllllSeling Line Item: CDBG-R Funds Hmnebuyer Ed/Credit Repair Classes ($1,500 per Class/26 Classes) Individual COlUlscling Sessions ($50 per sessionl30) TOTAL CDBG-R FUNDS $39,000.00 $ 1,500.00 $40, SOlI.OO Clarifications to the quantity and types of work to be condueted under Exhibit B will be made upon receipt of bids by the SUBCONTRACTOR and review by IffiS. All cIarifications to the budget line items will be processed by a Change by Letter, Exhibit A -1, and made an integral component of this Agreement. - 2OlJ9.2010 CDSO-R AGREEMENT HOC Homebuyer EdlCredit Repair Page 17 of 28 -'_.__._,----~,-~ '^-~-_.'~--'~~",,~_"'<--" .... ..~."..^-"~..'-,-'.---~_.".'''~,~ -".",--",--' Agenda Item No. 1606 March 9, 2010 Page 40 of 45 c. The time frame for completion of the outlined activities shall be: MILESTONE/TASK START DATE END DATE Determine dates of education Provide Homebuyer Ed/Credit Repair Workshops-Twenty four (26) workshops, each workshop is approximately 3 Y, houn inlen Provide pre-purchase and/or extended credit counselin to 30 households. Reach approximately 250 attendees per ear March, 20 I 0 March, 2010 Fe ,2011 February,2011 March, 20 I 0 February, 2011 March, 2010 February, 2011 NOTE: PerfomtlDtce milestones on in effect for program monitoring requil'ements only, and as such, on used by HUD and other ,rantor agencies lIS general target goals ratbu IIIIlfI strict perffll'lIfpnce requirements. This a,reemenl shall allow reimb_ellt of expt!1ISI!S for all eUgible costs flSsocitzted with the agreement alld does IIot require the co"'Pletion of aU agree_t milestones for reimblll'Semenl to be pIIlt/. Please 1I0te that if any of these aClivUies eJreeed the timelines by two monlhs a revised work schedule must be submitted to HHS. D. Credit RepairlHomebuyer Education and/or Credit Counseling INDICATORS Homebuyer Education/Credit Repair Workshops consisting of approximately 3 Y, hours fur a total of 26 classes 30 Households to receive pre-pun:hase and/or extended credit counseling Reach IIpproximately 250 attendees r OBJECTIVE SUITABLE LIVING ENVIRONMENT OUTCOMES Affordability through credit repairlhomebuyer education and/or extended counseling program for low-moderate income citizens ACTIVITY 2009-201 0 CDBG-R AGREIlMIlNT HOC Homcbuycr l!dICredit Repair Page 18 of28 Agenda Item No. 1606 March 9, 2010 Page 41 of45 -- IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this Mardi 09, 2010 ATIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY. FLORIDA By: FRED W. COYLB, CHAlRMAN Dated: (SEAL) First Witness Greater ImmokaIee Soutbside Front Porch Commwtity, Inc. 'L~ By: ~.c.,:e- Subrecipient Signature -:J:1r.Lf... L~ (?Ol-re.( ~~-I.-r Type/print Subrecipient name and title \-y- TypeIprint witness name Second Witness ..~- ~- e.- l?-. A-,. - -'- - - '(j ,- - ..::J....c...~c)........<<, 1<.. G-;L_o...,.. TypeIprint witness name as to fonn and legal suffIciency: - 2Q09-20IOCDBG-R AGREI!MBNT Front Pordt At; ""lallation Page 16 of 28 - '-'--'.'", "-~ .~ '--.-...,.- --.-.---,.........-"'" , ,.---.'- Agenda Item No. 1606 March 9, 2010 Page 42 of 45 EXHmIT "A" SCO~ OF S~J.{VICES GREATER IMMOKALEE SOUTHSIDE FRONT PORCH COMMUNITY, INC. IMMOKALEE APARTMENTS AIR CONDmONING INSTALLATION PROJECT B.09-UY-12-OO16 THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: Front Porch proposes to use Community Development Block Grant-Recovery Act (CDBG-R) funds for interior improvements at the Immokalee Apartments in Immokalee, FL. $448,170 in federal funds will be used to install a central air split system, compressor unit (to be installed outside), air handler unit (installation in closet), 220 amp electrical lines, and carpentry and drywall and onsite inspections_ This funding will benefit approximately 100 households in the Immokalee Apartments. Collier County Department of Housing and Human Services is using CDBG-R funds in the amount of FOUR HUNDRED FORTY EIGHT TIIOUSAND, ONE HUNDRED SEVENTY DOLLARS ($448,170.00) for this CDBG-R project. The Subrecipient will be responsible for submitting the following to HHS: a. If applicable any ARRA reports required. b. If applicable, Implementation of "Buy American" initiative. B. BUDGET -Immokalee Apartments AlC Installation Line Item: HOME Funds Installation of Central Air Split System! On-site inspections Install 220 Amp Electrical lines Carpentry (framing & drywall) Total $333, 170.00 $ 40,000.00 $ 75,000.00 $448,170.00 Clarifications to the quantity and types of work to be conducted under Exhibit B will be made upon receipt of bids by the SUBCONlRACTOR and review by HHS. All clarifications to the budget line items will be processed by a Change by Letter, Exhibit A-I, and made an integral component of this Agreement. 2009-2010 CDBG-R AGREEMENT Front Porch AC Installation Page 17 of 28 Agenda Item No. 1606 March 9, 2010 Page 43 of 45 ~-.- c. lRO.m~T MILESTONE SCJm.DULE The time frame for completion of the outlined activities shall be: Mll..BSTONElI' ASK STARTDATB BNDDATB Bid Solicitation March ,2010 May,2010 Bid Award June, 2010 July, 2010 Permitting August, 2010 October, 2010 Work Commencement November, 2010 March, 2011 Work Completion May, 2011 June 15, 2011 . NOTE: Performance milestones are in effect for prog1Tll1l monitoring reqldrements only, and as such, are used by HUD and other grantor agencies as general forget goals rather than strict performance requirements. This agreement shall alWw rebnbursement of expenses for aU eligible costs associated with the agreement and does not require the completion of aU agreement milestones for reimbursement to be paid. -- Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. D. OUTCO~ PERFO~CE MEA,SURE~NTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS SUITABLE Affordability through Interior Number of Wlits LIVING improvements of 100 units with Improvements of improved one hundred ENVIRONMENT installation of central air 100 units through (IOO) through installation conditioning including 220 amp installation of central of air conditioner units electrical lines, and carpentry air conditioning including installation of (framing & drywall) and onsite including 220 amp 220 amp electrical lines inspections electrical lines, and and carpentry and onsite carpentry (framing & mspections drywall) and onsite . . inS ctions ~- 2009-2010 CDBO-R AGREEMENT Front Porch AC Installation Page 18 of28 "---..._--,-...,..- _....__._'._..~-,,-- "'.-------." '" ...,,--._- Agenda Item No. 1606 March 9, 2010 Page 44 of 45 Special Considerations Related to the American Recovery and Reinvestment Act (ARRA) of2009 Community Development Block Grant- Recovery Program CFDA 14.253 Since the source of funds for this program is the American Recovery and Reinvestment Act (ARRA), additional considerations are necessary to ensure the use of funds properly implements the purpose of the Act. Generally, grantees are required to ensure that public funds are expended responsibly and in a transparent manner to further the job creation, economic recovery, and other purposes of the Recovery Act. The following table identifies the general requirements, including reporting requirements and an indication of how each requirement will be met. General ARRA Considerations Consideration Compliance Requirement Collier County Preparations and Ability to Maintain Compliance Timely Use of Funds CDBG-R must be used in accordance Collier County Housing and Human Services with regular CDBG regulations. Department (HHS) will . grant aSSign a CDBG-R funds will not count towards coordinator to each funded activity. It will be timeliness. the coordinator's responsibility to monitor fund and advise management . timely usage tn a manner if funds need to be reallocated. Reporting (above HUD CDBG-R funding reporting is the HHS will coordinate with the Grants Office to and beyond regular same as regular CDBG requirements; ensure appropriate central reporting processes grant reporting) however, Collier County as a whole are followed, which will at a minimum entail must report the total amount of ARRA reporting of progress and any concerns, delays funds received from the federal or other compliance issues to maintain a high government. level of transparency and accountability. Transparency and To encourage transparency, HUD will The grant coordinators assigned to CDBG-R Prevention of Fraud require grantees receiving assistance activities will be responsible for coordination under CDBG-R to provide reports that with the Grant Office to ensure all CDBG-R will be used for postings on the funding is reported in a timely manner. Recovery.gov website. This portal is designed to provide one centralized location for the public to find and analyze information, and report potential fraud, waste, and abuse pertaining to the Recovery Act. Agenda Item No. 1606 March 9, 2010 Page 45 of 45 - Furthermore, programs funded with ARRA funding may develop grant specific compliance requirements that are above and beyond those of normal grant program requirements (for programs already in existence) or above and beyond normal operations of the grantee (inclnding new grant programs as well). Grant specific compliance requirements are listed below: ARRA CDBG-R Grant Pr~am Specific Considerations Consideration C Ii R' t Collier County Preparations and Ability to omp ance eqmremen M . t' C nor 8m am om lance Coordination with Maximize all resources that may be HHS will coordinate wiih ihe Collier County Recovery Act available wiih Recovery Act funds Grants Office to ensure the use of all recovery Resources oiher ihan HPRP; eligible activities funds are coordinated with local non-profits, under other Recovery Act programs are other federally funded agencies and service aligned with CDBG-R funds to create a organizations to ensure the most efficient use of comprehensive package of housing and Recovery Act and CDBG-R funding. service options available to eligible pro ram articioants Timely use of All CDBG-R funds must be expended Collier County Housing and Human Services recovery funds. no later ihan September 30, 2012. has created time lines and set in motion all necessary proVISions to ensure the timely expenditure of funding prior to September 30, 2012. .,0- .- _. ._~._..,- .~ .".._-