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Backup Documents 04/23/2013 Item #16D 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 0 3 r TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. Barbetta Hutchinson HHVS .67f 4/24/13 2. Jennifer B. White, ACA Office located in HHVS g 131,\1 4las)0 County Attorney Office Department 3. BCC Office Board of County G1\ /4 Commissioners /5/ .6\\Z13 4. Minutes and Records Clerk of Court's Office -Tm LA( 3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lisa Oien Phone Number 252-6141 Contact/ Department Agenda Date Item was 4/23/13 ( Agenda Item Number 16D3 i Approved by the BCC V Type of Document Modification Forms Number of Original �3� T°dification forms Attached ,,Modification y r, �-4' A Documents Attached V PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? YES 2. Does the document need to be sent to another agency for additional signatures? If yes, YES provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed YES by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's lqir. N X411 Office and all other parties except the BCC Chairman and the Clerk to the Board Q,$'0'3 5. The Chairman's signature line date has been entered as the date of BCC approval of the YES document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip YES should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware f your deadlines! 8. The document was approved by the BCC on 4/23/1 (enter date)and all changes YES ' ' made during the meeting have been incorporated in the attached document. The � ' County Attorney's Office has reviewed the changes,if applicable. ' 9. Initials of attorney verifying that the attached document is the version approved by the YE BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. ," -_ 1611 31 _ot.,.„„ • , Memorandum To: Clerk's Minutes&Records From: Lisa Oien Date: April 25, 2013 Subject: Modification to DRI Agreement approval BCC meeting 4/23/2013 item #16D3 Re: Collier County and DEO for DRI grant#10DB-D4.09-21-01-K09 Three modification forms each with the Chairwoman's original signature needs to be sent to the Department of Economic Opportunity. Included with this mailing should be the attached cover letter package which includes the cover letter, executive summary, and a Request for Amendment form. A FedEx envelope has been pre-addressed and included for use. Please contact me if you have any questions at 252-6141. Thanks, Lisa Oien Grants Coordinator Housing, Human and Veteran Services Department of Housing, Human and Veteran Services Collier County eyULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE.NO POUCH NEEDED. 60 31 1 i U 0 4p El ife 4,. f.-M r , 1 ..,, ■` s 576� „ o pa II 31 .141,i I I._ a r p. r Y cc t3 * r y 1 >2- > m3z Li E 5 m Ali A 9 x I 1 i gji I ❑ ( i Ip i talk g to H s m 1 I D $ i 1 L-4 1 ,Li sli g 1 i 3 i• a li . [ & E- i :g oft ° i'ii1iIiIJi i Ill ! t' ! i 5 1! p 1a 8J a t ag g �.. ❑ ❑ IO ❑ 40 ❑ ❑ I ❑ b n ❑IM A 0 1 .1 rq N --0 •N • : i .E. l�' i C� N C a m Jill. t N Cid L3 00 C ^ J 211 21111 (� o ..D !3 N ❑ ❑ t.. Q r ..o M v u O \V V N 1 W © "[V_7 N 10 N I$' ' - ez —J a t t G Co , W a7 N ri4 0) LL•.z' e J = ` • J z 2 F a a.r x orL rn°� ` Z d 1 W ii, Ilk z —c c & 1 i3 t cn �r s , i o� Di ( w % �t i r) a.a �i !)>k t L. c m FA m. I m z ` cE EE a y 07�{ Al -va v s j O c 2 U 1 8. )d I!S U Q 3 Q S [.1 114 , N WI t 0 6££E'£9ti 0081 X3PaJo9'008"t W03•Xapa4 --3 • County of collier 0 160 3 CLERK OF THEE CIR UIT COURT Dwight E. Brock COLLIER CO Y COURTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 1021, \ P.O. BOX 413044 Accountant NAPLES, FLORIDA NAPLES, FLORIDA Auditor 34112-5324 34101-3044 Custodian of County Funds April 29, 2013 Florida Department of Economic Opportunity CDBG, Disaster Recovery Section Monique Kabitzke 107 East Madison Street, MSC 400 Tallahassee, Florida 32399-6508 Re: Disaster Recovery Initiative (DRI) Grant Agreement #10DB-D4-09-21-01-K09 Modification #7 Transmitted herewith is a three (3) originals of the above referenced documents, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, April 23, 2013, during Regular Session. Very truly yours, DWIGHT E. BROCK, CLERK ■ ,. AP. i Martha Vergara, Dep Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 �~ Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 160 31 Cotter County Public Services Division Housing, Human & Veteran Services April 26, 2013 Monique Kabitzke, Community Assistance Consultant CDBG, Disaster Recovery Section Florida Department of Economic Opportunity 107 E. Madison Street, MSC 400 Tallahassee, FL 32399-6508 Re: Disaster Recovery Initiative (DRI) Grant Agreement#10DB-D4-09-21-01-K09 Modification#7 Dear Ms. Kabitzke, On April 23, 2013,the Board of Collier County Commissioners approved modification#7 to Collier County's Disaster Recovery Initiative Grant Agreement#10DB-D4-09-21-01-K09. This modification serves to accomplish the following tasks: • Extend the Agreement until March 21, 2014 • Revise Activity Work Plans • Revise Program Budget • Change the number of Accomplishments and Beneficiaries • Other task, Add two new Service Areas, #9 and#10 Presented to you are the modification documents in triplicate with the Chairwoman's original signature. In addition the Request for Amendment form and the Executive Summary for the Board approved item are also included. If you have any questions or concerns please feel free to give me a call. Since ely, . Lisa Oien, Grants Coordinator Housing, Human and Veteran Services -�- of Collet County 3339 Tamiami Trail East,Suite 211•Naples,FL 34112-5361 239-252-CARE(2273) •239 252-HOME(4663)•239-252-CAFE(2233)•239-252-RSVP(7787)•239-252-VETS(8387)•www.colliergov.net/humanservices 16D 3 EXECUTIVE SUMMARY Recommendation to approve modification #7 to Disaster Recovery Initiative Grant Agreement #10DB-D4-09-21-01-K09 between the Florida Department of Economic Opportunity (DEO) and Collier County to facilitate reprogramming of unexpended funds, extend the grant, approve new associated subrecipient agreements and four subrecipient agreement amendments. OBJECTIVE: Allow for additional Disaster Recovery Initiative (DRI) projects, extend the grant term and reallocate project and activity funds in order to more fully expend available grant funding. CONSIDERATIONS: On May 25, 2010, Item 16D10, the BCC accepted a federally-funded disaster recovery agreement with the Department of Economic Opportunity (DEO). The purpose of the DRI grant is to fund projects that provide disaster relief and long term recovery. The contractors for approved projects with this grant have been procured at a cost less than anticipated. To meet the needs of the community and help expend all awarded grant funds Housing, Human and Veteran Services accepted applications for available remaining funds. Five Applications were received on February I, 2013. This grant modification will accommodate funding two new eligible projects as applied for by the Immokalee Community Redevelopment Agency (CRA) and Goodwill Industries of Southwest Florida Inc. and extend the grant period to accommodate completion of the projects. In addition, four existing projects will have funds added, removed or reallocated among activities. Project Action Current Budget Reallocated New Budget Rationale/Use amount Immokalee CRA- New Project/grant New $534,000.00 $534,000.00 Stormwater improvement project is defined by the Colorado Ave' extension Immokalee Stormwater Master Plan (ISWMP) approved June 9,2009 to include installation of sidewalks.$517,300 is for the project and$16,700 is retained for HHVS project delivery services. Goodwill Robert's New Project/grant New $95,500.00 $95,500.00 This hurricane hardening project will consist of installing an Center* extension emergency generator,new asphalt shingles and creation of an associated site plan. $91,000 is for the project and $4,500 is retained for HHVS project delivery services. Gilchrist Apartments Additional $50,000.00 S 160,000.00 $210,000.00 The amended project will include new roofs,soffits,and Allocation/grant extension gutters. S 160,000 will be allocated to project expenses. CCHA-Farm Worker Additional 5658,717.50 540,000.00 $698,717.50$18,000 of multifamily rehabilitation funds will be Village' Allocation!.Amendment'gr reallocated for architectural professional services, ant extension categorized as an engineering activity by the DEO agreement.S40,000 from another under budget project is being reallocated for HHVS project delivery services. Immokalee CRA- Amendment/grant 53.659,780.20 $0.00 $3,659,780.20 Project nearly complete but an additional$50,000 is needed Stormwater Project' extension in the activity of resurfacing. The amount will be reallocated from flood and drain activities. Immokalee Non-Profit Amendment/grant $94,500.00 $0.00 $94,500.00 Provide a work plan extension to existing generator project. Housing,Inc.' extension Bayshore Stormwater Reduced Funding $2,091,390.00 4295,500.00 $1,795,890.00 Completed under budget Goodlette Arms Reduced Funding $1,442,990.10 -$152,000.00 51,290,990.10 Completed under budget Shelter Enhancement Reduced Funding $1,716,750.00 -5382,000.00 $1,334,750.00 Completed under budget *Indicates that the project has a subrecipient agreement or an amendment to a subrecipient agreement included with this item. 160 3 To accommodate the grant agreement changes, the DEO provides specific modification forms to be approved by the Board for submittal to the DEO. Once the DEO has provided approval for the modification to the grant agreement, all new and revised associated subrecipient agreements will be routed by staff for execution by the Board chairwoman. FISCAL IMPACT: Disaster Recovery Initiative grant funds are available within the Housing Grants Fund 705, Project 33104. Funds are reallocated within the commitment item, so no Budget Amendment is required. GROWTH MANAGEMENT IMPACT: Implementation of DRI will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for BCC action. -JBW RECOMMENDATION: To approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative (DRI) grant Agreement #10DB-D4-09-21-01-K09 between DEO and Collier County, the associated subrecipient agreements for two new projects, and four associated subrecipient agreement amendments. PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services 160 3 L) ,_ - - - ch N U 0 P.CO V >- C,) v N M/` p E H a V N C I N O I- I- -1 a) O CO CV a C 0 +L+ 0 N N o t C i- 'O 1� -. 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Z � \ � HHIHHHH _ § > f ❑ / O / a) o \ o IIIIIIIIIIIII 2 S o . ƒ CO a \ f ° a o 7 I % a \ % w / 2 0 0 m § o � o / § _ S Hh1 !1hIhI = 2 O ^ - \ k k 2 \ 2 I _ o a . . g q .q "t I / E_ / & G Q \ ~ ~° CN ¢ ® % i § .3 i t ' hhlihIHi t / r ° / //\ & \ \ E I[ c 0 iiƒ .o 2 [» ti 1 ¢ /¢ r -c t I \ B j t . \ \ % § e c 3 ■ Ce co r. ° ° / m 0 § m y> I @ e k m ƒ I q \ 2 cp / .§ $ 2 7 2 7 , § o # 0 & @ 3 g 3 Li 2 2 p.} , 2 / / ƒ \ . • • • § c 3 -o "0 LI -0 ■ = c c c c 7 § 2 $ _ D D e / _ , k\ # # 4t • ■ ` 2 k • 2 L11LIIIIt. y N g q N CV 16113 t1 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 MODIFICATION NUMBER 7 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number lO-DB-D4-09-21-01-K09, award dated June 22, 2010 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $9,963,208.00 to Recipient under the Small Cities Community Development Block Grant ("CDBG") Program as set forth in the Agreement; WHEREAS,the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011-142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of March 21, 2014. Revise Activity Work Plan 3. Attachment B, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment B, which is attached hereto and incorporated herein by reference. ® Revise Program Budget 4. Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment A, which is attached hereto and incorporated herein by reference. 160 131 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 Modification Number: 7 DEO/DCA Contract Number: 10-DB-D4-09-21-01-K09 Recipient: Collier County Page 2 n Change in Participating Parties 5. Attachment A, Program Budget, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. ❑ Inclusion of an Unmet Need as Addressed in the Original Application 6. Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment A, which is attached hereto and incorporated herein by reference. 7. Attachment I, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment I, which is attached hereto and incorporated herein by reference. 8. A revised Project Narrative, Form G-2 from Part II of the approved CDBG Application Form, which shows the unmet need from the original application that is being included in the Subgrant Agreement listed as addressed need, is attached hereto and incorporated herein by reference. ® Change in Number of Accomplishments and/or Beneficiaries 9. Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. ❑ Reflect Change in Agency from DCA to DEO 10. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. ® Other: Adding two new Service Area, Service Area #9 (Colorado Avenue Area) & Service Area #10 (Robert's Center) into the Grant Agreement 6 3i Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 Modification Number: 7 DEO/DCA Contract Number: 10-DB-D4-09-21-01-K09 Recipient: Collier County Page 3 A Request for Amendment, Form SC-35, shall be included with this Modification if there is a change to the Attachment A, Program Budget, of the Subgrant Agreement; if unmet need is being included as addressed need; or if there is a change in the number of accomplishments or beneficiaries. All provisions of the Subgrant Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Opportunity Recipient: !� Ci II'•r County By: By: �. Name: Ken Reecy Name: Georg . A. er, Esq 9/23/±cji Title: Assistant Director Title: Chairwoman, BCC Commissioners Division of Community Development Date: Date: D ATTEST: QHT F - , ve . Approd as to form & legal Sufficiency Clerk 4 Attest-as:to Chalrnlarti Assistant County Attorney signature on4r. tkV 1613 31n Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties,"type in the names where indicated. 9. If the reason for the modification is not one of the eight common reasons, put an "X" in the check box before"Other" at the bottom of the second page and then tab to the form field and type in the reason. An example of an "other" modification is to bring the Subgrant Agreement under the provisions of a revised administrative rule. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 1 1. 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E L1.1 ,, O co W L M U O C (0 M M �- O cuE >' O O Q O O O C Z C V. 01 1- '- a M C ~ t 1 1JQa cqf w co r c^�0 O a Z a) 0 N •,- .M- O O r W O C) T N N N 1 N Ce 0 (n o -- ' N. ° a- a- Z ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN& Q` 11 3 Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Lisa Oien HHVS jot- &h7/,,,,,3 2. Jennifer A. Belpedio, ACA Office located in HHVS County Attorney Office Department ZG`' (PP.'S}Aa∎3 3. BCC Office Board of County i - Commissioners GI-1 (Q.� LP El) ■ 4. Minutes and Records Clerk of Court's Office 1;4\ 1[(k5 10:28r4n., PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lisa Oien Phone Number 252-6141 Contact/ Department Agenda Date Item was 4/23/13 Agenda Item Number 16D3 Approved by the BCC Type of Document 2 Amendments and 1 Agreement Number of Original 4 Amendments and 2 Attached Documents Attached Agreement PO number or account number if document is A Li-c- 6-4,6,/k/fitA-,fj to be recorded �E" K i) (c�iI QQ,- : AA0o $-R ccs-Ficrn is ^at bsi6 ra -1.s pct✓* o-P iJw -frZtNs�►-,i tfc..J INSTRUCTIONS Set PI ff pa c!-rah e , Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initi Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. '241O-"' 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed 66--- by the Office of the County Attorney. dd 4. All handwritten strike-through and revisions have been initialed by the County Attorney's �p Office and all other parties except the BCC Chairman and the Clerk to the Board d 6". 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time t e item is input into SIRE. -- Some documents are time sensitive and require forwarding t Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 8. The document was approved by the BCC on 4/23/13 (enter date)and all changes , +I made during the meeting have been incorporated in the attached document. The t "t t County Attorney's Office has reviewed the changes, if applicable. X',..- ,': ,,'''' A:..A 9. Initials of attorney verifying that the attached document is the version approved by the � lMi BCC, all changes directed by the BCC have been made, and the document is ready for the � � i� Chairman's signature. 1: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 (33 MEMORANDUM Date: July 5, 2013 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: CDBG DRI Grant #10DB-D4-09-21-01-K09 Subrecipient Agreement with Goodwill Industries of SWFL, Inc. and Collier County Housing Authority and Immokalee Housing & Family Services Agreement(s) Amendments Attached are original copies of the documents referenced above, (Item #16D3) approved by Board of County Commissioners on Tuesday, April 23, 2013. The second original copy of the agreement and agreement(s) amendments will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachments (3) 1613 3 4 LIh� • � 4- "• Memorandum l � FORP -01/NA To: Jennifer A. Belpedio From: Lisa Oien Date: June 27, 2013 Subject: Agenda item#16D3 for BCC meeting 4/23/2013 Routing Re: Subrecipient Agreements and modifications associated with DRI grant 10DB-D4-09.21-01- K09 modification #7 Modification #7 for DRI grant 1008-D4-09-21-01-K09 has been approved by the DEO. The approval letter is attached along with the Executive Summary (ES) for the Item. As stated in the ES the associated subrecipient documents will be executed after the DEO's approval of the modification. For routing are the external associated subrecipient amendments a subrecipient agreement. • Subrecipient Agreement Amendment for Collier County Housing Authority • Subrecipient Agreement Amendment for Immokalee Housing and Family Services • Subrecipient Agreement with Goodwill Industries Two original documents are provided for each. Please contact me if you have any questions Thanks, Lisa Oien lisaoien @colliergov.net Grants Coordinator Housing and Human and Veteran Services 252-6141 Department of Housing, Human and Veteran Services Collier County 1603 EXECUTIVE SUMMARY Recommendation to approve modification #7 to Disaster Recovery Initiative Grant Agreement #10DB-D4-09-21-01-K09 between the Florida Department of Economic Opportunity (DEO) and Collier County to facilitate reprogramming of unexpended funds, extend the grant, approve new associated subrecipient agreements and four subrecipient agreement amendments. OBJECTIVE: Allow for additional Disaster Recovery Initiative (DRI) projects, extend the grant term and reallocate project and activity funds in order to more fully expend available grant funding. CONSIDERATIONS: On May 25, 2010, Item 16D10, the BCC accepted a federally-funded disaster recovery agreement with the Department of Economic Opportunity (DEO). The purpose of the DRI grant is to fund projects that provide disaster relief and long term recovery. The contractors for approved projects with this grant have been procured at a cost less than anticipated. To meet the needs of the community and help expend all awarded grant funds Housing, Human and Veteran Services accepted applications for available remaining funds. Five Applications were received on February 1, 2013. This grant modification will accommodate funding two new eligible projects as applied for by the Immokalee Community Redevelopment Agency (CRA) and Goodwill Industries of Southwest Florida Inc. and extend the grant period to accommodate completion of the projects. In addition, four existing projects will have funds added, removed or reallocated among activities. Project Action Current Budget Reallocated New Budget Rationale/Use amount Immokalee CRA- New Project/grant New $534,000.00 $534,000.00 Stormwater improvement project is defined by the Colorado Ave* extension Immokalee Stormwater Master Plan (ISWMP) approved June 9,2009 to include installation of sidewalks.$517,300 is for the project and$16,700 is retained for HHVS project delivery services. Goodwill Robert's New Project/grant New $95,500.00 $95,500.00 This hurricane hardening project will consist of installing an Center* extension emergency generator,new asphalt shingles and creation of an associated site plan. $91,000 is for the project and $4,500 is retained for HHVS project delivery services. Gilchrist Apartments Additional $50,000.00 $160,000.00 $210,000.00 The amended project will include new roofs,soffits,and Allocation/grant extension gutters. $160,000 will be allocated to project expenses. CCHA-Farm Worker Additional $658,717.50 $40,000.00 $698,717.50$18,000 of multifamily rehabilitation funds will be Village* Allocation/Amendment/gr reallocated for architectural professional services, ant extension categorized as an engineering activity by the DEO agreement.$40,000 from another under budget project is being reallocated for HHVS project delivery services. Immokalee CRA- Amendment/grant $3,659,780.20 $0.00 $3,659,780.20 Project nearly complete but an additional$50,000 is needed Stormwater Project* extension in the activity of resurfacing. The amount will be reallocated from flood and drain activities. Immokalee Non-Profit Amendment/grant $94,500.00 $0.00 $94,500.00 Provide a work plan extension to existing generator project. Housing,Inc.* extension Bayshore Stormwater Reduced Funding $2,091,390.00 -$295,500.00 $1,795,890.00 Completed under budget Goodlette Arms Reduced Funding $1,442,990.10 -$152,000.00 $1,290,990.10 Completed under budget Shelter Enhancement Reduced Funding $1,716,750.00 -$382,000.00 $1,334,750.00 Completed under budget *Indicates that the project has a subrecipient agreement or an amendment to a subrecipient agreement included with this item. 16D3 To accommodate the grant agreement changes, the DEO provides specific modification forms to be approved by the Board for submittal to the DEO. Once the DEO has provided approval for the modification to the grant agreement, all new and revised associated subrecipient agreements will be routed by staff for execution by the Board chairwoman. FISCAL IMPACT: Disaster Recovery Initiative grant funds are available within the Housing Grants Fund 705, Project 33104. Funds are reallocated within the commitment item, so no Budget Amendment is required. GROWTH MANAGEMENT IMPACT: Implementation of DRI will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for BCC action. -JBW RECOMMENDATION: To approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative (DRI) grant Agreement #10DB-D4-09-21-01-K09 between DEO and Collier County, the associated subrecipient agreements for two new projects, and four associated subrecipient agreement amendments. PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services 16 D 3 Rick DEii Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT f ECONOMIC OPPORTUNITY June 25, 2013 The Honorable Georgia A. Hiller, Esq., Chairwoman Collier County Board of County Commissioners 3299 Tamiami Trail east,Suite 303 Naples, Florida 34112 Re: Florida Community Development Block Grant(CDBG) Program Disaster Recovery initiative Contract No.: 100B-D4-09-21-01-K09 Collier County Disaster Recovery Contract Modification Dear Chairwoman Hiller: A review of the proposed Modification Number 7 to the Subgrant agreement referenced above, transmitted from Martha Vergara, Deputy Clerk, in a letter dated April 29, 2013, has been completed. The review indicates that the revisions to the activity work plan, program budget, and number of accomplishments and beneficiaries appear to be in accordance with program requirements. The County's request to extend this grant for a period of nine (9)months is approved. The revised contract end date is March 21, 2014. The modification also includes the addition of two new service areas: Colorado Avenue Area Stormwater Improvements,Service Area 9;and Robert's Senior Center Hurricane Hardening, Service Area 10. An approved copy of the fully executed modification is enclosed with this letter. Please retain the modification in the official Disaster Recovery CDBG Subgrant files. If you have any questions regarding this matter, please contact Brenda Lovett, Government Operations Consultant II, at(850)717-8438 or via e-mail at Brenda.Lovett@deo.mvflorida.com. Sincerely, ) Bob Dennis Community Program Manager Division of Community Development BD/bl Enclosure cc: Ms. Lisa Oien, Grants Coordinator, Housing, Human and Veteran's Services,Collier County Ms. Kim Grant, Interim Director, Housing, Human and Veteran's Services, Collier County Florida Department of Lconornic Opporhinity 1 Caldwell Building 1 107 13. Madison Street 1 Tallahassee,l'1,32399 866.10 \2345 850.245.7105 : 850.921,3223 Fax www.florridajobs.orp www.twittcr.corn/I1,1)J'.0 I www.facebook.co,n/I'I,I)I:.O 1603 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 Modification Number: 7 DEO/DCA Contract Number: 10-DB-D4-09-21-01-K09 Recipient: Collier County Page 3 A Request for Amendment, Form SC-35, shall be included with this Modification if there is a change to the Attachment A, Program Budget, of the Subgrant Agreement; if unmet need is being included as addressed need; or if there is a change in the number of accomplishments or beneficiaries. All provisions of the Subgrant Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of .co + j i Opportunity Recipient: � oilier I oun r B �/ r B I 1 William B. Killing' orth Name: Georgia A.Hiller, Esq Y11-3/,',70/3 • Director Title: Chairwoman, BCC Commissioners Division of Community Development Date: 2f `1t3 Date: 41;4?0/64:rl 3 } �, �. ��F as to firm &. legal �ey ,8A 1"TE ,l .> `� '' Assistant County ;:tro ^n„ Attef as to Chairman' ` signature only �, 1613 3 Grant# 10DB-D4-09-21-01-K09 CFDA/CSFA# - 14.228 Subrecipient—Goodwill Industries of Southwest Florida, Inc. DUNS # -152823662 FETI # - 59-6196141 AGREEMENT BETWEEN COLLIER COUNTY AND Goodwill Industries of Southwest Florida, Inc. Robert's Center, Hurricane Hardening THIS AGREEMENT is made and entered into this 23rd day of April, 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Goodwill Industries of Southwest Florida, Inc." a private non-profit organization, having its principal office at 4940 Bayline Drive, North Fort Myers, Fl. 33917. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Economic Opportunity for $9,963,208.00 in Community Development Block Grant Disaster Recovery Initiative (DRI) funds on May 25, 2010, item #16D 10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in exhibit A of this agreement, in accord with the approved 2008 Disaster Recovery Initiatiave Subgrant Agreement, simultaneously approved by the County with this Agreement; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DRI funds, as determined by Collier County Housing, Human and Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 1 of 30 0 Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: 16 D 3 Will provide hurricane hardening to the Roberts Senior Center in Immokalee. The hardening activities will consist of the installation of an emergency generator, roof replacement, creation of an associated site plan and the production of an Environmental Review/Assessment for the project. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction and the associated construction agreement, the construction agreement will prevail for reimbursement. The engineering services for the site plan will be procured by small purchase procedures with the specific costs detailed in the resulting contract. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification#7 of DRI Subgrant Agreement#10DB-D4-09-21-01-K09 and end prior to the end date of the same agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT The COUNTY agrees to make available NINETY ONE THOUSAND DOLLARS ($91,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). All improvements specified in Section I. Scope of Services 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 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. The budget identified for all improvements is as follows: Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 2 of 30 (.1) 1603 DRI FUNDS NOTE* Activities/items/services may include but not be limited to: Robert's Center, Hurricane Hardening All costs associated with the construction activities for $81,000 a generator installation and roof replacement and the production of an Environmental Review/Assessment for the project. Engineering activities for the projects associated site $10,000 plan. Total $ 91,000 Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. 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 quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a$0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Construction activities for a generator installation, roof Submission of monthly invoices on AIA G702- replacement, Environmental Review/Assessment and the 1992 form (attached as Exhibit"G") or engineering activities for an associated site plan. equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% of the construction contract to be released upon Certificate of Completion, final waiver of lien from general contractor and documentation of clients served. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written Goodwill Industries of Southwest Florida, Inc. DR1 08-10 Robert's Center.Hurricane Hardening Page 3 of 30 Cq communications under this Agreement shall be addressed to the individuals in the capacil6d113belowil, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Fred Richards Vice President of Career Development Services Goodwill Industries of Southwest Florida, Inc. 4940 Bayline Drive North Ft. Myers 33917 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 4 of 30 1603 C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of 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. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. 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. F. GRANTEE RECOGNITION/SPONSORSHIPS Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 5 of 30 The SUBRECIPIENT agrees that all notices, informational pamphlets, press release v sents,�` ' of the Program, research reports and similar public notice r�ar and descriptions of the sponsorships g p p p released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 6 of 30 CAO 1603 Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of$25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG/DRI/DEO. 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for (6) years after expiration of this Agreement, as required by the CDBG supplemental conditions provided by the Department of Economic Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 7 of 30 Cq 1603 41 Opportunity with the following exception: if any litigation, claim or audit is started before the expiration date of the for six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. 4. 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. 5. 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. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit"D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 8 of 30 Cq tet reports required by HHVS, DEO or HUD to enable HHVS to evaluate said progress and to 16 Dc3pletion 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, DEO AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range ($) Quotes Under $3K No Quote Required Above $3K to $10K 3 Written Quotes Above $10K to $50K 3 Written Quotes Request for Proposal (RFP) Invitation To Above $50K Bid (ITB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. 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, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 9 of 30 C� t 6 3 gip, disability, national origin, religion, age, familial status, or sex. Upon p receipt of evidence o such iscrimination 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 The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 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 (LMI) persons. This specific project must benefit a minimum of three (3) LMI 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. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project 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. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 10 of 30 0 be disclosed in writing to HHVS provided, however, that this paragraph shall be interpretedLoclflr3iner so g p 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. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 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. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 23rd day of April, 2013. SIGNATURE PAGE TO FOLLOW Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 11 of 30 (17i-) 1603 ATTE ' ` ' e BOARD , 1I LINTY I OMMISSIONERS OF DWI6 =`V. BROCK,`CLE1 K COLLIE', II Si Y, F ORIDA 0.3 .a,tAAt ,*- 0 0,C . By: A r" GEOR+e W.' LLER, ESQ Attest as .1 e :fl'$ CHAIRWOMAN '1%3/V el? sigt'C� i- l Dated: �� (SEAL) Goodwill Industries of Southwest Florida, Inc. By: 3...af)2 Subrecipient Signature Fred Richards, V. P. of CDS Goodwill Industries of Southwest Florida, Inc. Approved as to form and legal sufficiency: JennWer B. White Assistant County Attorney ar� 2\\ Item# ` Ot Agenda (4,ya Date Date 1.--F-124 Recd I, IP Goodwill Industries of Southwest Florida, Inc. Deputy r QT— DRI 08-10 Robert's Center,Hurricane Hardening Page 12 of 30 16D3 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, 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. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. 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 $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. 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 $1,000,000 per occurrence/$1,000,000 aggregate 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. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates 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. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 13 of 30 16 0r OPERATION/MANAGEMENT PHASE(IF 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: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. 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 as their interest may appear (A.T.I.M.A.) 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 14 of 30 C O) EXHIBIT "B" COLLIER COUNTREQUEST FOR PAYMENT AND, HUMAN VETERAN SERVICED SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Goodwill Industries of Southwest Florida, Inc. Sub recipient Address: 4940 Bayline Drive,North Ft. Myers, Fl. 33917 Project Name: Robert's Center, Hurricane Hardening Project No: DRI 08-10 Payment Request# Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $91,000 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 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 made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center;Hurricane Hardening Page 15 of 30 EXHIBIT "C" 16 D 3 RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, 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 he filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (progress/final) Request for Payment. Goodwill Industries of Southwest Florida, Inc. Witness: BY: �A Q BY: 24 .4 ITS: V. P. of CDS C4. CUM./ " 7�4_ CQO DATE: 4147 ? Print name and title / STATE OF Zat,zi,j� COUNTY OF The fore_oing instrr ment was acknowledged before me this // ,d `' of �/��j"/ , 20/1 by � / ir.�i..e as (//e" of _ Not-For Profit. He/She is personally known to me OR has produced as identification and who did(did not) take an oath. My Commission Expires: % (Signature) "Ur Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 41114;:, MARY E LAVELLE •"e MY COMMISSION#EE112225 EXPIRES S eptember 19,2015 ,.B.w,,^ (, auyt 19+ : 3 FlorldeNoIaryS°rok°.com Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center, Hurricane Hardening Page 16 of 30 EXHIBIT "D" QUARTERLY PROGRESS REPORT 16 p 3 • Sub-recipients: Please fill in the following shaded areas of the report • • Agency Name: Goodwill Industries of Southwest Florida, Inc. Date: • • Project Title: • Robert's Center,Hurricane Hardening • • Program Alternate Contact: • Fred Richards Contact: • . • Telephone Number: • (239)995-2106 extension 2224 • ❑ ❑ ❑ ❑ ❑ • *REPORT FOR QUARTER ENDING: (check one that applies to final the corresponding grant period): 3/31 6/30 9/30 12/31 • Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in 1. meeting those goals. • A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. • Outcome 1:. • Outcome 2: • Outcome 3: • • • B.Goal Progress: Indicate the progress to date in meeting each outcome goal. • Outcome 1: • • • Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a 2. new timeline for approval. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 17 of 30 c� • Y 16D3 e s • • • If no,explain: 3. • Since agreement date,of the persons assisted,how many.... • • • • a. • ...now have new access(continuing)to this service or benefit 0 b. • ...now has improved access to this service or benefit 0 C. • ...now receive a service or benefit 0 • • • TOTAL: 0 4. • What funding sources are applied for this period/program year? • $ $r' • Section 108 Loan Guarantee • $ $ _ • Other Consolidated Plan Funds CDBG - • $ $ • Other Federal Funds ESG - • $ $ • State/Local Funds HOME - • $ Total amount $ • Total Other Funds - of Funds - • Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 18 of 30 EXHIBIT "D" 16 0 3 QUARTERLY PROGRESS REPORT 5. 'What is the total number of UNDUPLICATED clients served this quarter,If applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: 0 6. What Is the total number of UNDUPLICATED clients served since October,if applicable? a. Total number of adult females served: 0 Total number of females served under 18: 0 b. Total number of adult males served: 0 Total number of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED BENEFICIARY DATA r 8. OTHER BENEFICIARY DATA INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served since October 1 who fall into served since October 1 who fall into each income each presumed benefit category (the total should equal the total in question#6): category(the total should equal the total in question#6): Report as: Report as: O Abused Children 0 Extremely low Income(0-30%) O Homeless Person 0 ;,Low Income(31-50%) O Battered Spouses 0 Moderate Income(51-80%) O Persons w/HIV/AIDS 0 Above Moderate Income(>80%) O Elderly Persons O Veterans O Chronically/Mentally ill O Physically Disabled Adults O Other-Youth TOTAL: 0 TOTAL: 0 9. I Racial&Ethnic Data: I(if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White of whom,how many are Hispanic? Black/African American 0 0 of whom,how many are Hispanic? Asian 0 0 of whom,how many are Hispanic? American Indian/Alaska Native 0 0 of whom,how many are Hispanic? Native Hawaiian/Other Pacific Islander 0 0 of whom,how many are Hispanic? American Indian/Alaskan Native&White 0 0 of whom,how many are Hispanic? Black/African American&White 0 d !;of whom,how many are Hispanic? Am. Indian/Alaska Native&Black/African Am. 0 0 of whom,how many are Hispanic? Other Multi-racial 0 0 ! of whom,how many are Hispanic? Other 0 0 !;of whom,how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Signature: Your typed name here represents your electronic Title: signature Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 19 of 30 EXHIBIT "E" 16 El 3 ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Goodwill Industries of Southwest Florida, Fiscal Year Ending Sept. 30, 2011 Name FY 10/1 to 9/30 Period and 2012 When available Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 20 of 30 0 EXHIBIT "F" 16 13 3 LOCAL, STATE AND FEDERAL RULES, REGULATIONS AND LAWS 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. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 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 and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 21 of 30 cg be awarded to business concerns that provide economic opportunities for low- ai pp p 3 low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 1 1375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 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 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 22 of 30 0 _ - of 1988. 16 D 3 18. Public Law 100 430 the Fair Housing Amendments Act o 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: • Subpart A—General; • Subpart B —Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment— In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 23 of 30 ��O 161J3 Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. 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. Any situations when negotiations, litigation and/or 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 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. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seg., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. 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, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. Goodwill Industries of Southwest Florida, Inc. DR1 08-10 Robert's Center,Hurricane Hardening Page 24 of 30 1603 29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug- Free Workplace Act of 1988 (41 USC 701). 30. 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 as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, 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. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. 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 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 CFR 570.505. In accordance with the DRI Administrative Plan, a ten (10) year depreciating lien for the homeowner will be filed as a security instrument for the work performed and funded with the grant. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. 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 Goodwill Industries of Southwest Florida,Inc. DRI 08-I0 Robert's Center,Hurricane Hardening Page 25 of 30 i �e enterin g into of any cooperative agreement, and the extension, continuation, renewa , e , or modification of any Federal contract, grant, loan, or cooperative agreement. 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. 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. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD/DEO. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021, Records Retention. 40. The Disaster Recovery Initiative Grant Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference is incorporated into this agreement. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 26 of 30 S 16D3 EXHIBIT "G" AIA G702-1992 Form Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 27 of 30 TT 1603 Document G702rr1-- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents Al A Document 0702. Application and Certificate for Payment,is to be used in conjunction with ALA Document G703,Continuation Sheet. These documents are designed to he used on a Project where a Contractor has a direct Agreement with the Owner. Procedures for their use are covered in ALA Document A201.General Conditions of the Contract for Construction. Use of Current Documents Prior to using any ALA Contract Document. users should consult www.aia.org or a local AlA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702,but only for use in connection with a particular project.The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AlA. Rights to reproduce the document nifty vary l'or users of ALA software. Licensed AlA software users should consult the End User License Agreement(EULA). To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects'legal counsel, copyright<00aia.org. COMPLETING THE G702 FORM After the Contractor has completed AIA Document 0703_Continuation Sheet.summary information should he transferred to AIA Document 0702, Application and Certificate for Payment. The Contractor should sign (1702,have it notarized.and submit it. together with 0703,to the Architect. The Architect should review 0702 and G703 and,if they are acceptable,complete the Architect's Certificate for Payment on 0702. The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should then initial all figures on 0702 and 0703 that have been changed to conform to the amount certified and attach an explanation.The completed 6702 and 0703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on ALA Document 0702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor. Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.. president.secretary,partner,etc.)and the authority under which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AlA Document G702T""—1992.Copyright©1953,1963, 1965,1971,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten (10)copies of this document when completed.To report copyright violations of A1A Contract Documents,e-mail The American Institute of Architects'legal counsel, copyright@aia.org. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 28 of 30 C_`,9 1603 kkii , . - itAIADocument G702 rM 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution to: PERIOD TO: OWNER 0 CONTRACT FOR: ARCHITECT 0 FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR 0 PROJECT NOS: / / FIELD El OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,information A Ircatu?n is made for payment.as shrru�n below,:n connection with the Contract. and belief the Work covered by this Application for Payment has been completed in accordance PP p with the Contract Documents,that all amounts have been paid by the Contractor for Work for Continuation Sheet,Al Document G7,)3.is attached, which previous Certificates for Payment were issued and payments to coed from the Owner,and 1.ORIGINAL CONTRACT SUM $ that catmint payment shown herein is now due. 2.Net change by Change Orders $_ CONTRACTOR: 3.CONTRACT SUM TO DATE(Line 1+_2).......................................... $ By: Date: 4.TOTAL COMPLETED 8 STORED TO DATE(Column Con G70:ti._.. ......_. Si State olt 5.RETAINAGE: Cowry of: a. ri of Completed Work Subscribed and sworn to before Clrluninl)+It onG703) S me this .(ayol b. `%r of Stored Material Colnrrr-E on(17031 $ Notary Pablic: My Commission expires: Total Retain rite('Lines So T 511 or Total in Column l of G703I S 6.TOTAL EARNED LESS RETAINAGE S ARCHITECT'S CERTIFICATE FOR PAYMENT tine 4 Less Line 51 stilt In accordance with the Contract Documents,based on on-site observations and the data comprising 7,LESS PREVIOUS CERTIFICATES FOR PAYMENT S this apphratior,the Architect certifies to the Owner that to the best of the Architect's knowledge. information and belief the Work has profresseif as indicated the quality of the Work is in 'Line fi from prior Ceruficate;' accordance with the Contract Documents, and the Contractor is entitled to payment of the 8.CURRENT PAYMENT DUE,,., ....,...,........ AMOUN'l'CI(RTId'IL:D. 9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED.............................................................................S (Tine 3 less Line hi S (Attach ecplurtatiort if arnoartt certified differs from the amount applied.initial all figures on this Applir't.tirrrt intiI on tiie(nit inaatinii Sheet that are ch:rrtted kJ ean.,post with the amount certified.) CHANGE ORDER SU MMARY i ADDITIONS DEDUCTIONS ARCHITECT: r I Total changes upproveci in previous mouths by Owner'S $ By: Date: „,.„..,_ -.. ___ __ total approved this Month $ $ l hOTAI 5 S This Certificate is not negotiable,.The AMOUNT CERTIFIED is payable,only to the Contractor i. named herein.Issuance,payment and acceptance of payment ate without prejudice to any rights of '\ET CIE ANCH by Chance Order S they Owner or Contactor under this Contract AIA Document G702T0-1992.Copyright!91953 1963,1965.1971,:978.1983 and 1992 by The American Institute of Architects,All rights reserved.WARNING TIM MA'Document is protected by U.S,Copyrtgt,t Low and I,..3 ,t oi, t_ ,._. .,art+,0,70A _,)osr„ d !.Leib_s at this 019'Document Or any pod=of d,may o..R rn sera.. ,501 and criminal pon3 t T,w,and will he prosec,r,ad to the maximum extent pos,dbid biidet he et Purchasers are sermittea'o'eprcduce On(10'cores of this docameot.vh-n ceittaleti To report copsrighl tholaticns of AIA Contract Documents,e-mail Tile American instate of A cnitacts'legal counsel copsnoh:si)a nom Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 29 of 30 CD CONTINUATION SHEET All DOCUMENT G703 (Instructiens on reverse side) 16 0 PAGE OF PAGES AIA Document T02,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO,: containing Contractor's signed Certifcation,is attached. APPLICATION DALE! In tabulations be,low,amounts are stated to the nearest dollar. PERIOD TO: Use Column I on Contracts where variable retainage for line items may apply ARCHITECTS PROJECT NO,: , . . ' A B 1 C 0 E F 0 H I [ , WORE COMPLETED MATERIALS TOTAL 1 I'D: 1 I Cr ros,)P , PRES:NTLY COMPLETED , BALANCE, 1 - - , RE.AINAGE I Tr, DE<,RIPTION OF%,\ORK 1 \-ALLT. , ' --,`,—,',- . ; . . . ..,. STORED -'ND STORED ' '`' (.IF VARIABLE, PPLJC:,..:10 ; Fi-,:S Pt.4.1.00 'NOT IN TO DATE" 'C C) FINISH RATE; ID ; E. • DOPE: 1).-E-,,D ' (C-G) , . 1 , 1 I , . . , . i 1 . 1 , . . . 1 , , ! , 1 ■ i . I I 1 1 . i : 1 I I 1 . me!, AlA DOCUMENT 0703•CONT:NUATION SHEET FOR G7C2 0 195:2 EDITION•ALA/ • .::1992•THE A.AIERICAN INSTITUTE or ARCH:TECTS,:735 NE\X'YORE v-. :AS1LINGTON,DC 20M5-5292•WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. 11, G703-1992 - - CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 30 of 30 0 16 03 Prepared by and to be returned to: INSTR 5286611 OR 5291 PG 1163 RECORDED 7/6/2016 4:18 PM PAGES 52 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Collier County Community and Human Services REC$443.50 3339 Tamiami Trail E. Naples, FL. 34112 LIEN AND RESTRICTIVE COVENANTS ("DRI/CDBG"ASSISTANCE PROGRAM) As provided by the April 23, 2013 agreement, as amended, between Collier County, a political subdivision of the State of Florida, and Goodwill Industries of Southwest Florida, Inc. ("Agreement"), a copy of which is attached hereto as Exhibit "A", Goodwill Industries of Southwest Florida, Inc. ("GOODWILL"), does hereby acknowledge and agree that the following described property is subject to this Lien and Restrictive Covenants in favor of and for the benefit of Collier County, Florida: A portion of the Southeast 1/4 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of the Southeast 1/4 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida, thence South 89°22'22" West along the North boundary of the Southeast 1/4 of the Northwest 1/4, 560.00 feet; thence South 00°44'40" East, 30.00 feet to the South right of way line of Roberts Avenue and the Point of Beginning; thence South 00°44'40" East, 302.53 feet; thence North 89°28'10" East, 167.00 feet; thence North 00°44'40" West, 302.31 feet to the South right of way line of Roberts Avenue; thence South 89°22'20" West, 167.00 feet along said right of way to the Point of Beginning. Less and except any portion falling within the property described in Warranty Deed recorded in Official Records Book 1493, Page 1899, in the public records of Collier County, Florida. Parcel I.D.#: 00127565402 GOODWILL further acknowledges and agrees to the following terms and conditions: Terms and Conditions of Lien 1. The Lien secures the sum of$102,083.00; 2. The basis of the Lien is the Agreement attached hereto as Exhibit "A"; 3. The Lien shall have a zero percent interest rate during the ten (10) years; 4. The Lien shall be released after ten (10) years if the owner has continued to occupy the Property for its current use; 5. If the Property is transferred, sold, refinanced, or undergoes a change of use before ten (10) years elapses, the principal is "forgiven' or subtracted from the principal balance in equal monthly amounts, so that at the end of the tenth year the loan is fully amortized. Terms and Conditions of Restrictive Covenants 1. GOODWILL its successors or assigns, shall use Property to meet one of the CDBG National Objectives for a period of five (5) years commencing on the date of initially meeting one of the National Objectives in accordance with 24 CFR 570.505 (the "Term"). Collier County's Community and Human Services Department must approve all changes in use of the Property in accordance with CDBG revisions of assets set forth in 24 CFR 570.503 (b)(7). [I5-GRC-00423/1202178/1] Qt.?), 1 6 0 3 2. In the event GOODWILL fails to use Property for the purposes set forth herein expressly or by reference, GOODWILL agrees to transfer the ownership of the property to County or dispose of the property in compliance with 24 CFR 570.505, CDBG use requirements, in an amount equal to the fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 3. GOODWILL agrees to maintain Property in compliance with local codes and in a safe, decent and sanitary condition, which shall include repairs and maintenance duties to the Property to extend the life of the dwelling. Further, Goodwill agrees to comply with all local, State and Federal requirements specific to funding sources attached to this property as instructed by the Collier County Community and Human Services Department. 4. The County may approve such action as may be necessary to allow the transfer, conveyance, assignment, leasing, mortgaging or encumbering of the Property or to accomplish the acts described above. 5. This Declaration of Restrictive Covenants set forth herein regulating and restricting the use and occupancy of the Property (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Declaration, and binding, upon the Recipient's successors in title and all subsequent owners of the Property, (ii) are not merely personal covenants of the Recipient, and (iii) shall bind the Recipient and its respective successors and assigns during the term of this Declaration. All approvals shall be in writing and approved by the Collier County Board of County Commissioners. 6. Any and all requirements of the laws of the State of Florida to be satisfied in order for the provisions of this Declaration to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in full, and that any requirements or privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to ensure that these restrictions run with the land. 7. The invalidity of any clause, part or provision of this Declaration and Restrictive Covenants shall not affect the validity of the remaining portions thereof 8. Collier County shall have the right to enforce the terms, provisions and restrictions of this Declaration of Restrictive Covenants for five (5) year in compliance with the April 23, 2013 Grant Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of Collier County to exercise its right of enforcement hereunder shall not be deemed or construed to be a waiver of either of their rights hereunder. 9. For the term of this Declaration, each and every contract, deed, or other instrument hereafter executed conveying the property or portion thereof shall expressly provide that such conveyance is subject to this Declaration, provided, however, that these covenants contained herein shall survive and be effective regardless of whether such contracts, deed or other instrument conveyance is subject to this Declaration. IN WITNESS WHEREOF, GOODWILL has signed and sealed these presents this day of September, 2015 o?C)/co WITNESSES: GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. BY: �iCs2.-C A Print Name: (/,4i e ShC -131 \C- -��.� Print Name: 51-442-74/ //,/ k) STATE OF FLORIDA COUNTY OF COLLIER [15-GRC-00423/1202178/1] 0 , . 1603 The foregoing insqument was acknowledged before me this3)� day of , 20J( , by rrtri 11,1(,wit.ci and -- , who [X I are ersonally known to me or [ — 1 produced — .__... as p sof of identity. 1(affix notarial seal) IS• .' gnature of Not` Public) L Cf �r -)It P_ 4,31:,N, ROBIN J. ANTONE (Print Name of Notary Public) flifiVi Commission N FF 207111 Serial / Commission#: 1'F Z07i I I I ?i,.. ,:= My Commission Expires 9 ;-Ar, My March 0a, 2010 Commission Expires: qO.rh. ,fir zOt [15-GRC-00423/1202178/1] 44 1603 Goodwill Industries of Southwest Florida, Inc. LIEN AND RESTRICTIVE COVENANTS ("DRI/CDBG"ASSISTANCE PROGRAM) Exhibit A 16 03 Grant# 10DB-D4-09-21-01-K09 CFDA/CSFA#- 14.228 Subrecipient—Goodwill Industries of Southwest Florida, Inc. DUNS#-152823662 FETI# -59-6196141 AGREEMENT BETWEEN COLLIER COUNTY AND Goodwill Industries of Southwest Florida, Inc. Robert's Center, Hurricane Hardening THIS AGREEMENT is made and entered into this 231-`' day of April, 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Goodwill Industries of Southwest Florida, Inc." a private non-profit organization, having its principal office at 4940 Bayline Drive,North Fort Myers, Fl. 33917. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low andmoderate income by addressing hurricane impacted housing, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Economic Opportunity for $9,963,208.00 in Community Development Block Grant Disaster Recovery Initiative (DRI) funds on May 25, 2010, item #16D 10, WHEREAS, the County and the Subrecipient desire to provide the activities specified in exhibit A of this agreement, in accord with the approved 2008 Disaster Recovery Initiatiave Subgrant Agreement, simultaneously approved by the County with this Agreement; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DRI funds, as determined by Collier County Housing, Human and Goodwill industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 1 of 30 U 1603 Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: Will provide hurricane hardening to the Roberts Senior Center in Immokalee. The hardening activities will consist of the installation of an emergency generator, roof replacement, creation of an associated site plan and the production of an Environmental Review/Assessment for the project. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction and the associated construction agreement,the construction agreement will prevail for reimbursement. The engineering services for the site plan will be procured by small purchase procedures with the specific costs detailed in the resulting contract. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 H. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification#7 of DRI Subgrant Agreement#10DB-D4-09-21-01-K09 and end prior to the end date of the same agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT The COUNTY agrees to make available NINETY ONE THOUSAND DOLLARS ($91,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the"Funds"). All improvements specified in Section I. Scope of Services 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 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. The budget identified for all improvements is as follows: Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 2 of 30 CA 16 03 DRI FUNDS NOTE* Activities/items/services may include but not be limited to: Robert's Center,Hurricane Hardening All costs associated with the construction activities for $81,000 a generator installation and roof replacement and the production of an Environmental Review/Assessment for the project. Engineering activities for the projects associated site $10,000 plan. Total $ 91,000 Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. 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 quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a$0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Construction activities for a generator installation, roof Submission of monthly invoices on AIA G702- replacement, Environmental Review/Assessment and the 1992 form (attached as Exhibit"G") or engineering activities for an associated site plan. equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% of the construction contract to be released upon Certificate of Completion, final waiver of lien from general contractor and documentation of clients served. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 3 of 30 CAO 1 6 0 3 communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Fred Richards Vice President of Career Development Services Goodwill Industries of Southwest Florida, Inc. 4940 Bayline Drive North Ft. Myers 33917 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Goodwill Industries of Southwest Florida,Inc, DRI 08-10 Robert's Center,Hurricane Hardening Page 4 of 30 CA 1603 C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of 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. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. 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. F. GRANTEE RECOGNITION/SPONSORSHIPS Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 5 of 30 16133 The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation)to recoup all or any portion of the funds, as the COUNTY may deem necessary. Goodwill Industries of Southwest Florida,Inc. • DRI 08-10 Robert's Center,Hurricane Hardening Page 6 of 30 t\-9—\ 16E13 Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of$25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG/DRI/DEO. 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured Iocation for (6) years after expiration of this Agreement, as required by the CDBG supplemental conditions provided by the Department of Economic Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 7 of 30 CAO 16 03 Opportunity with the following exception: if any litigation, claim or audit is started before the expiration date of the for six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. 4. 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. 5. 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. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15a` day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit"D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 8 of 30 (�U 1 603 reports required by HHVS, DEO 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 VE l IRAN SERVICES, COUNTY, DEO AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range ($) Quotes Under $3K No Quote Required Above $3K to $10K 3 Written Quotes Above $10K to $50K 3 Written Quotes Request for Proposal (RFP) Invitation To Above $50K Bid(ITB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. 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, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 9 of 30 disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of sue1, 60iscrimina ion, 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 The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise"means a business at least fifty-one (51)percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 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 (LMI) persons. This specific project must benefit a minimum of three (3) LMI 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. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project 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. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 10 of 30 r,I 0 16133 be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 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 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively,by an authorized person or agent, hereunder set their hands and seals on this 23rd day of April, 2013. SIGNATURE PAGE TO FOLLOW Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 11 of 30 ATTEST: BOARD 0 CO UN't C 1 6 0 3 OMIvi1SS1UNERS 01' DWIGHT E. BROCK,CLERK COLLJTR Oh T ,FLORIDA J: /..... r By: airman's__ GE e R U I !.HILLER, ESQ ;r ha Ure only. CH I OMAN f/41`'` 3 Dated: "X>a).13 (SEAL) Goodwill Industries of Southwest Florida, Inc. By: Subrecipient Signature Fred Richards, V. P. of CDS Goodwill Industries of Southwest Florida, Inc. Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 12 of 30 i60 3 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, 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. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. 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 $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. 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 $1,000,000 per occurrence/$1,000,000 aggregate 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. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates 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. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 13 of 30 1603 4 OPERATION/MANAGEMENT PHASE(IF 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: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. 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 as their interest may appear (A.T.I.M.A.) 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Goodwill Industries of Southwest Florida,Inc. MRI 08-10 Robert's Center,Hurricane Hardening Page 14 of 30 1 6 D 3 EXHIBIT"B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Goodwill Industries of Southwest Florida, Inc. Sub recipient Address: 4940 Bayline Drive,North Ft. Myers, Fl. 33917 Project Name: Robert's Center, Hurricane Hardening Project No: DRI 08-10 Payment Request# Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $91,000 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 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 made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required $15,000 and above) Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 15 of 30 1 6 0 3 EXHIBIT"C" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors,subcontractors, vendors, successors and assigns, that all charges for labor,materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (progress/final) Request for Payment. Goodwill Industries of Southwest Florida,Inc. Witness: BY: -tip . BY: 4 J• ITS: V. P. of CDS 111, g*t1r4ti City k CC C DATE: Vrr/j J Print name and title STATE OF rlal� COUNTY OF /,. 7Z 415 1 The, regoing in ument was acknowledged before me this //rda�of _% , 20Z3by f/f, /'1/be;(3 as t/1l' -'/x / �/ ir/ of t,�';j,��,i/p f l.,-)Ai A Not-For Profit. He/She is personally known to me OR has produced • as identification and who did(did not) take an oath. My Commission Expires: �J _ 1i.... -A�I_ (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Ihviik, MARY E LAVel LE '* MY COMMISSION#EE112225 ;'.�.r'•,. EXPIRES September 19,2015 OW)3a8-oI53 F'ImtdaNpta,ygeMa.com • Goodwill Industries of Southwest Florida,Inc. DRi 08-10 Robert's Center,Hurricane Hardening Page 16 of 30 C2, 1603 1 EXHIBIT "D" QUARTERLY PROGRESS REPORT • Sub-recipients: Please fill in the following shaded areas of the report • • • Agency 9 Y Name: Goodwill Industries of Southwest Florida,Inc. Date: • • • Project Title: Robert's Center,Hurricane Hardening • • • • • Program Alternate Contact: • Fred Richards Contact: • • • • Telephone Number: • (239)995-2106 extension 2224 • • . • ❑ ❑ ❑ ❑ o • *REPORT FOR QUARTER ENDING:(check one that applies to final the corresponding grant period): 3/31 6/30 ` 9130 12/31 • • Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in 1. meeting those goals. • A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. .Outcome 1:. •• • Outcome 2: : • Outcome 3: • B.Goal Progress:Indicate the progress to date in meeting each outcome goal. Outcome 1: :.: • • • Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a 2. new timeline for approval. Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 17 of 30 U 1603 • If no,explain: 3. • Since agreement date, of the persons assisted, how many.... • • • a. • ..,now have new access(continuing)to this service or benefit 0 b. • ...now has improved access to this service or benefit 0 c. • ...now receive a service or benefit 0 • • • • TOTAL: 0 4. • What funding sources are applied for this period/program year? • $ $ • Section 108 Loan Guarantee - DRI/DREF • $ $. • Other Consolidated Plan Funds CDBG • $ • Other Federal Funds ESG • $ $ • State!Local Funds HOME - • $ Total amount $ • • Total Other Funds - of Funds - • Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 18 of 30 1 6 0 3 EXHIBIT "D" QUARTERLY PROGRESS REPORT 5. 'What is the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: 0 Total No,of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: 0 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total number of adult females served: 0 Total number of females served under 18: 0 b. Total number of adult males served: 0 Total number of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. 'PRESUMED BENEFICIARY DATA f 8. !OTHER BENEFICIARY DATA INCOME RANGE Indicate the total number of UNDUeLlCAtCD Indicate the total number of UNDUPUC'ATED persons persons served since October 1 who fall into each presumed benefit category (the total served since October 1 who fall into each income category(the total should equal the total In question#6): should equal the total in question#6): Report as: Report as: O .Abused Children 0 Extremely low Income(0-30%) 0. Homeless Person 0 Low Income(31-50%) O Battered Spouses 0 Moderate Income(51-80%) O Persons w/HIV/AIDS 0 Above Moderate Income(>80%) O Elderly Persons O : . Veterans O Chronically!Mentally ill O Physically Disabled Adults O Other-Youth TOTAL: 0 TOTAL: 0 9. !Racial&Ethnic Data: kif applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White ;of whom,how many are Hispanic? Black/African American 0 0 ;of whom,how many are Hispanic? Asian 0 0 ;of whom,how many are Hispanic? American Indian/Alaska Native 0 0 ;of whom,how many are Hispanic? Native Hawaiian/Other Pacific Islander 0 0 ;of whom,how many are Hispanic? American Indian/Alaskan Native&White 0 0 ;of whom,how many are Hispanic? Black/African American&White .0 0 .;of whom,how many are Hispanic? Am. Indian/Alaska Native&Black/African Am. .0 . 0 of whom,how many are Hispanic? Other Multi-racial 0 0 of whom,how many are Hispanic? Other 0 0 ;of whom,how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Signature: Your typed name here represents your electronic Title: signature Goodwill Industries of Southwest Florida,Inc. DRI 08-I O Robert's Center,Hurricane Hardening Page 19 of 30 c.10 16 03 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Goodwill Industries of Southwest Florida, Fiscal Year Ending Sept. 30, 2011 Name FY 1011 to 9/30 Period and 2012 When available Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature ' Date Print Name and Title Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hun-icane Hardening Page 20 of 30 (::(3 l) 1 603 EXHIBIT "F" LOCAL, STATE AND FEDERAL RULES, REGULATIONS AND LAWS I. 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. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 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 and. as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 21 of 30 1 6 0 3 be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act,40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 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 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. Goodwill Industries of Southwest Florida,lnc. DRU 08-10 Robert's Center,Hurricane Hardening Page 22 of 30 1603 18. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: • Subpart A—General; • Subpart B —Pre-Award Requirements, except for 84.12, Foists for Applying for Federal Assistance; • Subpart C —Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment— In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and ■ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f)and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 23 of 30 1 6 0 3 Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. 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. Any situations when negotiations, litigation and/or 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 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. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. 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, Subpart K. 28, The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 24 of 30 1603 29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug- Free Workplace Act of 1988 (41 USC 701). 30. 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 as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, 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. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. 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 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 CFR 570.505. In accordance with the DRI Administrative Plan, a ten (10) year depreciating lien for the homeowner will be filed as a security instrument for the work performed and funded with the grant. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof This notice is required by § 287.133 (3) (a), Florida Statutes. 35. 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 Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 25 of 30 1 6 0 3 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. 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. 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. 36. Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD/DEO. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021, Records Retention. 40. The Disaster Recovery Initiative Grant Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference is incorporated into this agreement. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 26 of 30 Ca) 1603 EXHIBIT "G" AIA G702-1992 Form Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 27 of 30 (.1,) („ 1 6 0 3 gr.ATA �W hA Document 7 — instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document 0702. Application and Certificate for Payment,is to be used in conjunction with A11 Document Ci703,Continuation Sheet.These documents are designed t1 be used on a Project where a Contractor has a direct Agreement with the Owner. Procedures kir their use are covered in AlA Document A201.General Conditions of the Contract for Construction. Use of Current Documents Prior to using any A1A Contract Document,users should consult www.aia.org or a local AIA component to verity the most recent edition. Reproductions 'chis document is a copyrighted work end may not be reproduced or excerpted from without the express written permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702, but only for use in connection with a particular project.'the AlA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may very for users of AlA software. Licensed AIA software users should consult the Lind User License Agreement (EULA). 'ro report.copyright violations of AIA Contract Documents,e-mail The.American Institute of Architects'legal counsel, copyright(&iti a.org. COMPLETING THE G702 FORM After the Contractor has completed AIA Document 0703,Continuation Sheet.summary information should he transferred to AIA Document 0702, Application and Certificate for Payment. The Contractor should sign 0702,have it notarized-and submit it.together with 0703,to the Architect. The Architect should review 0702 and 0703 and,if they are acceptable,complete the Architect's Certificate for Payment on 0702. The Architect may certify a different amount than lhat applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect.should then initial all figures on 0702 and 0703 Ihat have been changed to conform to the amount certified and attach on explanation.The completed 0702 and 0703 should be forwarded tt the Owner. MAKING PAYMENT The Owner should snake payment directly to the Contractor based on the amount certified by the Architect on AlA Document 0702, Application and Certificate for Payment.The completed form contains the name tx)address of the Contractor.Payment should not he made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the authority under which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document G702*v—1992.Copyright 61 1953,1963,1965,1971, 1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNINQ:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and wilt be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten (10)copies of this document when completed.To report copyright violations of AIA Contract Documents.email The American institute of Architects'legal counsel, copyright@ale.org. Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 28 of 30 1603 DocumentG702'' — 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO; Distribution to: PERIOD TO: OWNER D CONTRACT FOR: ARCHITECT D FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE CONTRACTOR D PROJECT NOS: 1 ! FIELD 0 OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT -fele undersigned Contractor certifies that to the best of the Contractors knowledge,information Application i+made tier payment,us shown below,in connection with the Contract and belief the Work coveted by this Application for Payment has been completed in accordance with the Contract Documents.that all antonms have been paid by the Contractor for Work for Continuation Sheet,AIA Document en t 07113.is attached. which previous Certificates for Payment were issued and payment,.received from the Owner,and 1.ORIGINAL CONTRACT SUM $ that current payment shown herein is now due. 2.Net change by Change Otders CONTRACTOR: 3,CONTRACT SUM TO DATE(Line I i•'t $ By: Date: 4.TOTAL COMPLETED 8 STORED TO DATE(Column CI on G7113)... ........ $ State of: 5.RETAINAGE: County of: a. ri of Completed Work Subscribed and sxarrt to before iCnlenin I)r-lion G7113) S mc this day of b. r:)of Stored Material ((bloom F on G7031S Notary Public: My Commission expires: Total Retainage(Lines 5a-5h or Total in Column I of G7031 S 6.TOTAL EARNED LESS RETAINAGE S ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 lass Line 5'I mall In accordance with the Contract Documents,hand on nn-site observations told the data comprising 1,LESS PREVIOUS CERTUICATES FOR PAYMENT S this application,the Architect certifies to the Owner that to the beat of tile Architect's knowledge, (Line(i from prior Cor€ifiudci -.. — — information and belied the Work has progressed art indicated, the(paths of the Work is in avoidance with the Contract Documents, and the Connactnr ix entitled to payment of the 8.CURRENT PAYMENT DUE S A1d0UN I'C'ERTlfif.D. 9.BALANCE TO FINISH,INCLUDING RETAINAGE AiMOUNT CERTIFIED...•..............................................................•......... (Line 3 less Lille hi S fAtiack e.tptaaauirm if murine certified differs Jaron the raiment applied.initial all figures mt!kir Application roti/an the Continuation Sheet that are ck:migrd ru a•rn{jrne n'ith the nnrnnnl certified.) CHANCE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous mouths by Owner S S By: Dade: Tonal appowed this Moth S x TOTALS ,ti S 'This Ccooilirate is not negotiable.The AMOUNT Chli'l'iFIEL)is pay;thle only to the Contractor named herein.Issuance.payment amid aereptarwe at lziymucnt;re without prejudice to any rights of NET CHANCES by Change Order S WF— the Owner or Contractor Under this COW met AIA Document G702m—1992 Copyright 411953.1963,1965.1971,1978.1983 add 1932 by the American Institute of Architects.Alt rights reserved.MIMING:this IAti Doiarulcrit k pinteclrci by 1.1.9.Ccpy;rc)hl Lao ei:d frac I manes.len;intens ea r,-indt riiuli or din il,ution at)hit-MA. ttocuonl,C ani p a':nor of it.i,rrly 1..%11iii ono r'costs and coinstat perrrlilec,and mitt t.<.nitsctirtr•ii In the n..•.,.iu;tai askant possiIrl"union the ter PorctIasers arc patentee to reprcdrr_e ten(SCI wa es of phis dccimeld,dinar axrurtetod To report copxghd ybtt-t ons d AtA Contract Moments,a nab The American hrstlne el htrAxts'legal coined coprigir@lao.oin Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 29 of 30 Cf 1 603 CONTINUATION SHEET AIA DOCUMENT G703 (Instructions on reverse side) PAGE OF NGEs AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.: containing Contractor's signed Certification,is attached. APPLICATION DA'Z'E: In tabulations below,amounts are stated to the nearest dollar. PERIOD TO: [so Column I on Contracts where tumble retaieage for line items may apply .ARCHITECT'S PROTECT NO.: AR C D E F I C, H Z WORK COMPLETED MATERIALS TOTAL I ? I s t ! PRF,Si"NTLY COMPLETEDBALM CE ITEM SCHEDULED A' RETALNAGE DE+CRIPTZON OF WORK , FROM PREVIOUS I STGRED AND STORED (IF 1 ARLAB1.Ei NO. • VALUE I i APPLICATION THIS PERIOD f 1• 0T N TO DATP (.(.6 C) FINISH RATE) (D Ei 1 DOR E) t.D-E=Fl (C-G) • • • i ! � I f I I I 1 i E l l I 1 i I I I i I 3 I I I I AIA DOCUMENT 0103•CONTCh'LtcTIOY SHEET FOR 0702•1992 EDITION•tit( =1992•THE.vMEntCtN INSTITUTE OF ARCHITECTS,1735 NEW TORN AVENUE,Sr.,WIA9LINGTON,DC.20C&5292•WARNING:Unlicensed photocopying violates U.S,copyright laws and will subject the violator to legal prosecution. G703.1992 CAUTION:You should use an original AIA document which has this caution printed in red,An original assures that changes will not be obscured as may occur when documents are reproduced. Goodwi II Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Page 30 of 30 16 03 Grant# 10DB-D4-09-21-01-K09 CFDA/CSFA#- 14.228 Subrecipient—Goodwill Industries of Southwest Florida,Inc. DUNS#-152823662 FETI#-59-6196141 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA,INC. ROBERT'S CENTER,HURRICANE HARDENING This Amendment is entered into this 14th day of January, 2014, by and between the "Goodwill Industries of Southwest Florida, Inc", a private non-profit corporation existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the"Parties." WHEREAS, on April 23, 2013 the Board of County Commissioners approved submittal of modification # 7 for grant agreement #10DB-D4-09-21=01-K09 between Collier County and the Florida Department of Economic Opportunity MVO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI funds for Hurricane Hardening at The Robert's Center in Immokalee,Florida WHEREAS, on June 25, 2013 the DEO approved modification #7 for grant agreement #10DB-D4-09-21-01-K09 making the associated subrecipient agreement providing Community CDBG/DRI funds for Hurricane Hardening at The Robert's Center effective on June 25, 2013 WHEREAS, the Parties desire to amend the Agreement to reference Chapter 2013-154, Laws of Florida requirements and extend project completion date. Words Struck Through are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification #7 of DRI Subgrant Agreement #10DB-D4-09-21-01-K09 and end prior on the end date of the same agreement, as extended by modification to the DRI Subgrant Agreement. The term of this Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#1 Page 1 of 4 1603 4 Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT * * * 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. The subrecipient shall pufsuant te4he submittal e€quarterly progress reports and monthly progress reports. Invoices for work performed are required every month. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." * * * IX. ADMINISTRATIVE REQUIREMENTS * * * 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#1 Page 2 of 4 1 603 sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for (6) years after expiration of this Agreement, as required by the CDBG supplemental conditions provided by the Department of Economic Opportunity with the following exception: if any litigation, claim or audit is started before the expiration date of the for six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. SUBRECIPIENT must meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. * * 7. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law * * H. 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, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#1 Page 3 of 4 1 6 0 3 X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. Any balance of unobligated funds which have been advanced or paid must be returned to the County, Any funds in excess of the amount to which the Subrecipicnt is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY, In addition to the records retention outlined in Section IX.f3.3, the SUBREICPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. TN WITNESS WHEREOF the parties have each,respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above, ATTEST: BOARD OF OUNTY COMMISSIONERS OF ER DWIGHT E. BROCK, CLERK COLLICtt�UNT4;:kt9.1..uat:csikalticat. F LOR.IDA ric, By: , Deputy Cleric Tom Henning,ChaNnan t �y fy Dated: 3 5 I Attest(R' airman's ATTEST • Goodwill hidustries of Southwest Florida,hie. DWIGHT E, BROCK, CLERK Dated: By: (SEAL) Fred Richards, V. P. of C Goodwill Industries of Southwest Florida Inc. Approved as to form and legality: Jena r A, Belpedi _ 0i Assistant County Attorney • 0 \ Goodwill Industries of Southwest Florida,Inc. DRI 08-to Robert's Confer,Hurricane Hardening Contract Amendment ill Page 4 of 4 (r- 1603 Grant# 10DB-D4-09-21-01-K09 CFDAJCSFA#- 14.228 Subrecipient—Goodwill Industries of Southwest Florida,Inc. DUNS#-152823662 FEU#-59-6196141 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA,INC. ROBERT'S CENTER,HURRICANE HARDENING This Amendment is entered into this 23rd day of September, 2014, by and between the "Goodwill Industries of Southwest Florida, Inc", a private non-profit corporation existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County,Florida,hereinafter to be referred to as"COUNTY,"collectively stated as the"Parties." WHEREAS, on April 23, 2013, the Board of County Commissioners approved submittal of modification # 7 for grant agreement #1 ODB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBGIDRI funds for Hurricane Hardening at The Robert's Center in Immokalee,Florida; WHEREAS, on June 25, 2013, the DEO approved modification#7 for grant agreement #IODB-D4-09-21-01-K09 making the associated subrecipient agreement effective on June 25, 2013; WHEREAS, on January 14, 2014, the parties approved an amendment to the subrecipient agreement related to the end date; WHEREAS, the Parties desire to amend line items within the budget. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Words d are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: III. AGREEMENT AMOUNT The COUNTY agrees to make available NINETY ONE THOUSAND DOLLARS ($91,000) ror the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as • a result of a subsequent amendment(s) to the Agreement, shall be referred to as the"Funds"). Goodwill Industries of Southwest Florida, Inc. DRI OS-10 Robert's Center, Hurricane Hardening Contract Amendment#2 Page 1 of 3 n_ � 16 03 All improvements specified in Section 1. Scope of Services 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 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. The budget identified for all improvements is as follows: DRI FUNDS NOTE* Activities/items/services may include but not be limited to: Robert's Center,Hurricane Hardening All costs associated with the construction $81,000$89,000 activities for a generator installation and roof replacement and the production of an Environmental Review/Assessment for the project. $1.0,000$2,000 Engineering/architect activities for the projects associated site plrn with the project. Total $ 91,000 Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval, Signatures to follow Remainder of page left intentionally blank Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#2 Page 2 of 3 • udp 1 6 0 3 IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWI T E. BRO , CLERK COLLIER UNT/FLORIDA 0 s By.. aa .. ,Deputy Clerk Torn Henning � Chairman 0 /7 3/1 cr Dated: � ' l I Attest as(in Irhan s signature only°. ...7-7'`7' ATTEST: Industries of Southwest Florida,Inc. DWIGHT E. BRO , CLERK Dated/ By: -1-it.41 „Q s (SEAL) Fred Richards,V. P. of-CDS i> O Goodwill Industries of Southwest Florida �, Inc. Approved as to form and legality: :. Jennifer A. Belpedio41 V Assistant County Attorney Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#2 Page 3 of 3 rv..i 16 03 Grant# 10DB-D4-09-21-01-K09 CFDA/CSFA#- 14.228 Subrecipient—Goodwill Industries of Southwest Florida,Inc. DUNS#-152823662 FETI FEID#-59-6196141 FY End-12/31 Monitor End: 2019 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA,INC. ROBERT'S CENTER,HURRICANE HARDENING t k This Amendment is entered into this i day of , 2014, by and between the "Goodwill Industries of Southwest Florida, Mc", a private non-profit corporation existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County,Florida,hereinafter to be referred to as "COUNTY,"collectively stated as the"Parties." WHEREAS, on April 23, 2013 the Board of County Commissioners approved submittal of modification # 7 for grant agreement #10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI funds for Hurricane Hardening at The Robert's Center in Immokalee,Florida WHEREAS, on June 25, 2013, the DEO approved modification #7 for grant agreement #10DB-D4-09-21-01-K09 making the associated subrecipient agreement effective on June 25, 2013; WHEREAS, on January 14, 2014, the parties approved an amendment to the subrecipient agreement related to the end date; WHEREAS, on September 23, 2014 the Parties desire to amend line items within the budget; WHEREAS, the parties agree to add additional funds to the agreement, clarify monitoring actions and conflict of interest; NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Words Struck are deleted; Words Underlined are added Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 1 of 6 1 6 0 3 All references contained throughout the agreement to Housing, Human and Veteran Services (HHVS)hereinafter shall read Community and Human Services (CHS). THE SUBRECIPIENT AGREES TO: III. AGREEMENT AMOUNT The COUNTY agrees to make available ' .. = ' ! -- ' ' ' ' - - • ' - ($91,090) NINETY SIX THOUSAND SIX HUNDRED NINE DOLLARS ($96,649' for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the Agreement,shall be referred to as the"Funds"). All improvements specified in Section I. Scope of Services 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 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. The budget identified for all improvements is as follows: DRI FUNDS NOTE* Activities/items/services may include but not be limited to: Robert's Center,Hurricane Hardening All costs associated with the construction $89,000$94,649 activities for a generator installation and roof replacement and the production of an Environmental Review/Assessment for the project. Engineering activities for the projects associated $2,000 site plan. Total $-941-008$96,649 * * * Goodwill Industries of Southwest Florida,Inc. DRI 08-I0 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 2 of 6 1603 IX. ADMINISTRATIVE REQUIREMENTS C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E)to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one(1)annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. 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, DEO 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. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement, If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD. the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. CORRECTIVE ACTION Goodwill Industries of Southwest Florida,Inc, DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 3 of 6 1 6 0 3 Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be unposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No, 2013-228, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The County may require upwards of five percent (5%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity may be considered in violation of Resolution No. 2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount or the amount of the CDBG/DRI investment for acquisition of theproperties conveyed, be returned to the Department. o The Department may require swards of ten percent (10%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution No. 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 4 of 6 S 1603 o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract, The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties. o The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Department and is_found to be non- compliant, the above sanctions may be imposed across all awards at the discretion of the Board of County Commissioners, * X. OTHER PROGRAM REQUIREMENTS * * E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect,in the Project 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. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. 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 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. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT, The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion, This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 5 of 6 0 1 6 0 3 that this paragraph shall be interpreted in such a manner so as not to unreasonably imn, the statutory requirement that maximum opportunity be provided for emplw,ment of . participation of low and moderate income residents of the project target area. IN WITNESS WHEREOF, the parties have each. respectively. by an authorized parson or agent. hereunder set their hands and seals on the dale first written above. ATTEST: BOARD OF COUNTY COMMISSION ERS OF DWIGHT L. BROCK,CI,F.RK COLLIER C�ZINTY/FLORIDA \ . thfiriTs\b / / t, / e .,,..,..._ TIM �_ - s D pt }' e t� TIM NANCE, CHAIRMAN /6% j /fcii I Dated: 1�_L:21� Date: (SERI.) Attest as to Chairman's signature only. Goodwill Industries of Southwest Florida, inc. By: -f� :c. Fred Richards, V. P. f CDS Goodwill Industries of Southwest Florida Inc. Approved as to form and legality: Jennt A.Belpedi Assistant County A ey ,_ ^1 T _......', ham. Goodwill Industries of Southwest Florida. Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 6 of 6 1603 Grant# 10DB-D4-09-21-01-K09 CFDA/CSFA#- 14.228 Subreciplent—Goodwill Industries of Southwest Florida, Inc. DUNS#452823662 FEID#-59-6196141 FY End-12/31 Monitor End: 20192020 FOURTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. ROBERT'S CENTER,HURRICANE HARDENING This Amendment is entered into this 28th day of April, 2015, by and between the "Goodwill Industries of Southwest Florida, Inc.", a private non-profit corporation existing under the Iaws of the State of Florida, hereinafter referred to as SUBRECIPIENT and Collier County, Florida,hereinafter to be referred to as"COUNTY,"collectively stated as the "Parties." WHEREAS, on April 23, 2013 the Board of County Commissioners approved submittal of modification # 7 for grant agreement #10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI funds for Hurricane Hardening at The Robert's Center in Immokalee, Florida WHEREAS, on June 25, 2013, item 16D9, the DEO approved modification#7 for grant agreement#I ODB-D4-09-21-01-1(09 making the associated subrecipient agreement effective on June 25, 2013 WHEREAS, on January 14, 2014, 16D9, the Board of County Commissioners approved an amendment to the subrecipient agreement related to the end date WHEREAS, on September 23, 2014, 16D21, the of Board of County Commissioners approved an amendment to the subrecipient agreement to amend line items within the budget WHEREAS, on December 9, 2014, 16D1, the Board of County Commissioners approved an amendment to add additional funds, clarify monitoring action and conflict of interest WHEREAS,the parties agree to add additional funds to the agreement NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#4 Page 1 of 5 1 6 0 3 WordsThrough are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: * * III, AGREEMENT AMOUNT The COUNTY agrees to make available ' .. ' . - ! .. , ! . - _ • P 1 . FORTY NINE DOLLARS ($96,649) ONE HUNDRED TWO THOUSAND EIGHTY THREE DOLLARS ($102,083) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the"Funds"). All improvements specified in Section I. Scope of Services 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 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. The budget identified for all improvements is as follows: DRI FUNDS NOTE* Activities/items/services may include but not be limited to: Robert's Center,Hurricane Hardening All costs associated with the construction $91,619$100,083 activities for a generator installation and roof replacement and the production of an Environmental Review/Assessment for the project. , Engineering activities for the projects $2,000 associated site plan. Total $967649$102,083 Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#4 Page 2 of 5 16133 Exhibit"B"is hereby deleted and replaced as attached EXHIBIT "B" Community and Human Services REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Goodwill Industries of Southwest Florida,Inc. Sub recipient Address: 4940 Bayline Drive,North Ft. Myers,Fl. 33917 Project Name: Robert's Center.Hurricane Hardening Project No: DRI 08-10 Payment Request# Total Payment; Period of Availability: 4/23/2013 through 8/31/2015 or as modified by grant#10DB-D4-09-21- 01-P09 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $102,083 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) $ Goodwill Industries of Southwest Florida, Inc. ORI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#4 Page 3 of 5 _,vim 1603 I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. • Signature Date Title Authorizing Grant Authorizing Grant Coordinator Accountant Supervisor Department Director (approval required$15,000 and above) (approval required$15,000 and above) SIGNATURE PAGE TO FOLLOW Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#4 Page 4 of 5 . =�i 1603 IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIERLINTY,F RIDA '7 4 �� By: / .� A st as to Chairman's ,Dep ty Cl rk Tun Nance, Chairman signature only. �,,,,,,, 'Y Date: L.//7 � �S Dated:111C A) ati 5 (SEAL) i l ATTEST: 7---'7---' Goodwill Industries of Southwest Florida, Inc. DWIGHT E. BROCI , CLERK ,Deputy Clerk r BY: -4ti:.0 tlk ., Fred Richards, V. P. of CDS Goodwill Industries of Southwest Florida, Dated: Inc. (SEAL) is ( ,\S Approved as to form and legality: CAj Jennifer . Belpedi Assistant County Attorney C %\ Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#4 Page 5 of 5 1603 EXHIBIT A-1 Contract Amendment#2 Immokalee Non-Profit Housing,Inc, DB/A Immokalee Housing& Family Services Community Center Generator DRI/CDBG 2008 This amendment, dated April 23, 2013 to the referenced agreement shall be by and between the parties to the original Agreement, the Collier County Immokalee Non-Profit Housing, Inc. D/B/A Immokalee Housing & Family Services, (to be referred to as Subrecipient) and Collier County, Florida, (to be referred to as "COUNTY"). RE: Contract It 10DB-D4-09-21-01-K09#14.228 Emergency Rule 9BER 09-2 "Immokalee Housing &Family Services Community Center Generator" DRI/CDBG-Generator Project Words Struck Strut 1E-Through are deleted;Words Underlined are added THE SUBRECIPIENT AGREES TO: III. TIME OF PERFORMANCE The effective date of the Agreement between Immokalee Housing &Family Services and Collier County shall be July 24, 2012. 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 June 21, 2013the current expiration date of disaster recovery agreement#10DB-D4-09-21-01-K09. 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 CDBG/DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Ninety Thousand Dollars and 00/100, ($90,000.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal CDBG/DRI 2008 lmmokalee Housing& Family Services Community Center Generator Contract Amendment#2 Page 1 of 3 1603 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. 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. '• - •-: : -- - - = - P-TENT when requested as : . •- , _. • -: : fr— uently-than once per mont . •: - - - ..- ,nd i ea pliane= 4 �, - . .,, •e; r a th }l�orr-r�vcipc cn��°s p3'9 ' : :`-i , �YY, ^)• - • - " • • . • .: it approved by HIIVS.• 1.41 vvr�va X7111'- •n � - -• -w • .• - Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a$0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT.when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed.No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70,Florida Statutes,otherwise known as the"Local Government Prompt Payment Act." EXHIBIT"A" SCOPE OF SERVICES Immokalee Housing&Family Services Community Center Generator • 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 Plan 8/2012 11/2012 Prepare project plans and specifications 2/2013 41/20123/2013 4-4/2013 Procure eligible Contractor(s) 4-5/2013 26/2013 Obtain Permits and Contractor order materials 37/2013 58/2013 Begin generator installation 59/2013 510/2013 Complete final inspections and project close out CDBG/DRI 2008 Irnrnokalee Housing& Family Services Community Center Generator Contract Amendment 112 Page 2 of 3 16D3 CN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized„ person or agent, hereunder set their hands and seals on this £3 day of Apr, , 20 13 , A'l'U s . i -,- BOARD 01.' 00 T ' CO MISSIONERS OF DWI(JI-IT 1 . Bitt?0,IK; CLERK COLLIER OW FY FL IDA IZI� -�_ �. � tO By A i ?� Georgia!: I-'er,Esd t as to Chi` Chairwoman, BCC Commissioners 17 A3 4r},i. (SEAL) First Witness Immokalee Housing and Family Services • By:....... -""\a"•—..)4Ak.12/V ___ Susan Golden, Executive Director Type/print witness name Second Witness Type/print witness name Approved as to form and legal sufficiency: a...e,--\,,,\,,,... .._.o...- Jennifer B. White Assistant County Attorney N-.zj CDBG/DRI 2008 Immolcalee Housing&Family Services Community Center Generator Contract Amendment 42 Page 3 of 3 Q4-11- 13 P12 :28 IN 161 3 EXHIBIT A-1 Contract Amendment#2 Collier County Housing Authority DRI/CDBG 2008 This amendment, dated April 23, 2013 to the referenced agreement shall be by and between the parties to the original Agreement,the Collier County Housing Authority,(to be referred to as Subrecipient)and Collier County,Florida,(to be referred to as"COUNTY"). RE: Contract# I DDB-D4-09-21-0I-K09#14.228 Emergency Rule 9BER 09-2 "Collier County Housing Authority" DRUCDBG-Hurricane Hardening Project Words Struck Through are deleted; Words Underlined,are added: THE SUBRECIPIENT AGREES TO: IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG/DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Six Hundred Twenty Seven Thousand Three Hundred Fifty Dollars and 00/100, ( $627,350.00) in U.S. Dollars 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 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. 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. '• - •- ••• - -. - - = ' -•" . . . • - • ' ," • - -- ----- - -- - -- - - - Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup,a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but,not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without CDBG/DRI 2008 Collier County Housing Authority Contract Amendment#2 Page 1 of 4 CS) -1 1 - 1 7 '12 : 216s £13 written exception from the Grant Coordinator will not be reimbursed.No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with $218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." III. TIME OF PERFORMANCE The effective date of the Agreement between Collier County Housing Authority and Collier County shall be July 24, 2012. 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 June 21, 2013 the current expiration date of disaster recovery agreement #10DB-D4-09-21-01-K09. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING AUTHORITY Farm Worker Village, Hurricane Hardening A. PROJECT SCOPE: On May 25, 2010, item 16D10, the Board of County Commissioners accepted a federally- funded disaster recovery agreement #10DB-D4-09-21-01-K09 with the Florida Department of Economic Opportunity (DEO). - - ::ification to that agreement was On July 24, 2012. This most recent a modification to the aforementioned agreement included the addition of a hurricane hardening project at Farm Worker Village in Immokalee, Florida. Details of this project's scope of work are consistent with and support certain details of that agreement. The Collier County Housing Authority will undertake a Hurricane Hardening project at their facility, Farm Worker Village, whose office is located at 1800 Farm Worker Way, Immokalee, Florida 34112. The sum of $627,350.00 will be used to create the projects plans and specifications, perform inspections, install impact resistant windows and exterior doors on approximately 90 housing units. The project will be further defined by the projects bid results and contractor approval by the DEO. CDBG/DRI 2008 Collier County Housing Authority Contract Amendment#2 Page 2 of 4 Vii . i 1 - 13 P12 : PR I '.46 D 3 The detailed project scope will be contained in the bid specifications, the contractors bid and the awarded construction contract. The project construction contract will include details sufficient to document the number, amount and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income areas. B. BUDGET: Collier County Housing, Human and Veteran Services is providing Six Hundred Twenty Seven Thousand Three Hundred Fifty Dollars and No Cents ($627,350.00) in CDBG/DRI funding for the project scope described above. Line Item Description CDBG Funds Multi-Unit Rehabilitation Hurricane Hardening $627,350.00$609350.00 Professional Services Plans, Spec Inspections $18,000.00 TOTAL $627,350.00 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 Plan 6/2012 10/2012 Prepare project plans and specifications 10/2012 5/2013 12/2012 6/2013 Procure eligible Contractor(s) 12/2012 6/2013 2/2013 8/2013 Obtain Permits and Contractor order materials 2/2013 8/2013 2/2013 8/2013 Begin window and door installation 2/2013 8/2013 , 5/2013 11/2013 Complete final inspections and project close out D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Hurricane Hardening As invoiced per contractor's schedule of values Professional Services As invoiced per contract CDBG/DRI 2008 Collier County Housing Authority Contract Amendment#2 Page/of 4 3 0 3 , , - 13 P12 : 28 IN 16 El IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectivply, by an authorized person or agent, hereunder set their hands and seals on this ,Z3"‘ day of ATTEST: BOARD • CS, TY C•MMISSIONERS OF DWIGHT,Et BROCK, CLERK COLLIE' CO I , F ORIDA Al • ''' ' la& , 4m:re L A.-A A A_A WAIL • By: an's GeWavA. ller, Esq kttE4t a . Chai oman, BCC Commissioners 01# vb 3/24-Y,I Dated: • AL) „ First Witness Collier County Housing Authority i ..V4r7 .(4 Wde A I/ilk :meralda Serrata, Ex cutive Directoil id 0,114 56,Re2AC Typftpirnt witness name Second Witness ti1ik.4 LEL Approved as to form and legal sufficiency: tAi kk ks-riA 13-\,3\--*=C- Type/print witness name Ienni er B. White Assistant County Attorney -:NR) d L-\\ CDBG/DRI 2008 Collier County Housing Authority Contract Amendment#2 Page/of 4 • ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO :> THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT I I 'CD D 3 ,i Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Lisa Oien HHVS ®' 4/2,7700(3. 2. Jennifer A. Belpedio, ACA Office located in HHVS (tol \i-1, County Attorney Office Department 3. Tim Nance Chairman of Collier Count CRA Chairman's Office �� Redevelopment Agency � ON d-4 . ),._.. ..-Board-cif Eot y b fit, ' 2 'C t rnitiont 6/e' '�/--) 5. Minutes and Records Clerk of Court's Office Ry' oc\ q(( ((' to - m PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lisa Oien Phone Number 252-6141 Contact/ Department Agenda Date Item was 4/23/13 Agenda Item Number 16D3 Approved by the BCC Type of Document 1 Amendments and 1 Agreement Number of Original 2 Amendments and 2 Attached Documents Attached Agreement PO number or account number if document is ,(a to be recorded Re Arc;' Cei—X21 le q /�'`t ' /i/15 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? a 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 1X-ea- 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed ,. ,•0:e__ by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board . "(1-- • 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4 #'15-- 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. .: 17- 7. In most cases(some contracts are an exception),the origi al document and this routing slip should be provided to the County Attorney Office at the t me the item is input into SIRE. Some documents are time sensitive and require forwardi g to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw of your deadlines! 8. The document was approved by the BCC on 4/23/1 (enter date)and all changes made during the meeting have been incorporated in the attached document. The �� County Attorney's Office has reviewed the changes, if applicable. °/ ig� 9. Initials of attorney verifying that the attached document is the version approved by the Q.- BCC, all changes directed by the BCC have been made,and the document is ready for the (IJ�� o g Y y � �� Chairman's signature. I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1603 MEMORANDUM Date: July 5, 2013 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: CDBG DRI Grant #10DB-D4-09-21-01-K09 Subrecipient Agreement & Contract Amendment #06 Immokalee CRA (Colorado Avenue Stormwater Project) Attached are original copies of the documents referenced above, (Item #16D3) approved by Board of County Commissioners on Tuesday, April 23, 2013. The original agreement will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachments (2) 1603 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday,July 05, 2013 2:31 PM To: Muckel, Bradley Subject: Item #16D3 DRI Grant 10DB-D4-09-21-01-K09 (4-23-13 BCC Meeting) Attachments: April 23 Item #16D3 (CRA Colorado Ave Stormwater Project).pdf;April 23 #16D3 Exhibit A-1 Contract Amendment#6.pdf Hi Brad, We received these signed DRI Grant/Immokalee CRA documents in our office this week and I thought you'd like a copy for your files. Have a great weekend! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1603 • Memorandum F O a P To: Jennifer A. Belpedio From: Lisa Oien Date: June 27, 2013 Subject: Agenda item#1603 for BCC meeting 4/2312013 Routing Re: Immokalee CRA Subrecipient Agreement and modification associated with DRI grant 10DB- D4-09-21.01-K09 modification #7 Modification#7 for DRI grant 10DB-D4-09-21-01-K09 has been approved by the DEO. The approval letter is attached along with the Executive Summary (ES) for the Item. As stated in the ES the associated subrecipient documents will be executed after the DEO's approval of the modification. For routing are the Immokalee CRA's associated subrecipient amendment and a new subrecipient agreement. • Subrecipient Agreement Amendment for Immokalee CRA • New Subrecipient Agreement with Immokalee CRA for the Colorado Avenue Project Two original documents are provided for each. Please contact me if you have any questions Thanks, Lisa Oien lisaoien @colliergov.net Grants Coordinator Housing and Human and Veteran Services 252-6141 Department of Housing, Human and Veteran Services Collier County ::: � 16 Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT I ECONOMIC OPPORTUNITY June 25, 2013 The Honorable Georgia A. Hiller, Esq., Chairwoman Collier County Board of County Commissioners 3299 Tamiami Trail east, Suite 303 Naples, Florida 34112 Re: Florida Community Development Block Grant(CDBG) Program Disaster Recovery initiative Contract No.: 10DB-D4-09-21-01-K09 Collier County Disaster Recovery Contract Modification Dear Chairwoman Hiller: A review of the proposed Modification Number 7 to the Subgrant agreement referenced above, transmitted from Martha Vergara, Deputy Clerk, in a letter dated April 29, 2013, has been completed. The review indicates that the revisions to the activity work plan, program budget, and number of accomplishments and beneficiaries appear to be in accordance with program requirements. The County's request to extend this grant for a period of nine (9) months is approved. The revised contract end date is March 21, 2014. The modification also includes the addition of two new service areas: Colorado Avenue Area Stormwater Improvements,Service Area 9;and Robert's Senior Center Hurricane Hardening, Service Area 10. An approved copy of the fully executed modification is enclosed with this letter. Please retain the modification in the official Disaster Recovery CDBG Subgrant files. If you have any questions regarding this matter, please contact Brenda Lovett, Government Operations Consultant II, at(850)717-8438 or via e-mail at Brenda.Lovett@deo.mvflorida.com. Sincerely, 1 Bob Dennis Community Program Manager Division of Community Development BD/bl Enclosure cc: Ms. Lisa Olen,Grants Coordinator, Housing, Human and Veteran's Services,Collier County Ms, Kim Grant, Interim Director, Housing, Human and Veteran's Services, Collier County Florida Department of kconornic Opportunity Cahiweii Building ; 107 K. Madison Street 't Tallahassee,I'1,32399 866.11 52345 850,245.7105 ; 850.929.3223 fax www.flunclalobs.orp; www.twittcr.com/I'.I,I)I?O www.faccbook.com/I'l,l)I?O 1603 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 Modification Number: 7 DEO/DCA Contract Number: lO-DB-D4-09-21-01-K09 Recipient: Collier County Page 3 A Request for Amendment, Form SC-35, shall be included with this Modification if there is a change to the Attachment A, Program Budget, of the Subgrant Agreement; if unmet need is being included as addressed need; or if there is a change in the number of accomplishments or beneficiaries. All provisions of the Subgrant Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of :co i Opportunity Recipie�ht: u i oll per 1,oun r 43 B `V .4 I Y � By: I T William B. Killing-' orth Name: Georgia A.Hiller, Esq y/;,:;3/Zo3 • Director Title: Chairwoman, BCC Commissioners Division of Community Development Date: 1.13' VYV (3 Date: `t! / o1 �,;e�"s Cr i Pr a> to forme & !op' �b1 r�+7„1tO 3T t 4:4 K4l r� +� Br. rry�V..) ..J/ APB /" f Assistant Count} itk-, n + . ' .- H. >_ W Attest as ib Chairman' t ~ �� signaue only cd. a 1603 EXECUTIVE SUMMARY Recommendation to approve modification #7 to Disaster Recovery Initiative Grant Agreement #10DB-D4-09-21-01-K09 between the Florida Department of Economic Opportunity (DEO) and Collier County to facilitate reprogramming of unexpended funds, extend the grant, approve new associated subrecipient agreements and four subrecipient agreement amendments. OBJECTIVE: Allow for additional Disaster Recovery Initiative (DRI) projects, extend the grant term and reallocate project and activity funds in order to more fully expend available grant funding. CONSIDERATIONS: On May 25, 2010, Item 16D10, the BCC accepted a federally-funded disaster recovery agreement with the Department of Economic Opportunity (DEO). The purpose of the DRI grant is to fund projects that provide disaster relief and long term recovery. The contractors for approved projects with this grant have been procured at a cost less than anticipated. To meet the needs of the community and help expend all awarded grant funds Housing, Human and Veteran Services accepted applications for available remaining funds. Five Applications were received on February 1, 2013. This grant modification will accommodate funding two new eligible projects as applied for by the Immokalee Community Redevelopment Agency (CRA) and Goodwill Industries of Southwest Florida Inc. and extend the grant period to accommodate completion of the projects. In addition, four existing projects will have funds added, removed or reallocated among activities. Project Action Current Budget Reallocated New Budget Rationale/Use amount Immokalee CRA- New Project/grant New $534,000.00 $534,000.00 Stormwater improvement project is defined by the Colorado Ave* extension Immokalee Stormwater Master Plan (ISWMP) approved June 9,2009 to include installation of sidewalks.$517,300 is for the project and$16,700 is retained for HHVS project delivery services. Goodwill Robert's New Project/grant New $95,500.00 $95,500.00 This hurricane hardening project will consist of installing an Center* extension emergency generator,new asphalt shingles and creation of an associated site plan. $91,000 is for the project and $4,500 is retained for HHVS project delivery services. Gilchrist Apartments Additional $50,000.00 $160,000.00 $210,000.00 The amended project will include new roofs,soffits,and Allocation/grant extension gutters. $160,000 will be allocated to project expenses. CCHA-Farm Worker Additional $658,717.50 $40,000.00 $698,717.50$18,000 of multifamily rehabilitation funds will be Village* Allocation/Amendmendgr reallocated for architectural professional services, ant extension categorized as an engineering activity by the DEO agreement.$40,000 from another under budget project is being reallocated for HHVS project delivery services. Immokalee CRA- Amendment/grant $3,659,780.20 $0.00 $3,659,780.20 Project nearly complete but an additional$50,000 is needed Stormwater Project* extension in the activity of resurfacing. The amount will be reallocated from flood and drain activities. Immokalee Non-Profit Amendment/grant $94,500.00 $0.00 $94,500.00 Provide a work plan extension to existing generator project. Housing,Inc.* extension Bayshore Stormwater Reduced Funding $2,091,390.00 -$295,500.00 $1,795,890.00 Completed under budget Goodlette Arms Reduced Funding $1,442,990.10 -$152,000.00 $1,290,990.10 Completed under budget Shelter Enhancement Reduced Funding $1,716,750.00 -$382,000.00 $1,334,750.00 Completed under budget *Indicates that the project has a subrecipient agreement or an amendment to a subrecipient agreement included with this item. 16D3 To accommodate the grant agreement changes, the DEO provides specific modification forms to be approved by the Board for submittal to the DEO. Once the DEO has provided approval for the modification to the grant agreement, all new and revised associated subrecipient agreements will be routed by staff for execution by the Board chairwoman. FISCAL IMPACT: Disaster Recovery Initiative grant funds are available within the Housing Grants Fund 705, Project 33104. Funds are reallocated within the commitment item, so no Budget Amendment is required. GROWTH MANAGEMENT IMPACT: Implementation of DRI will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for BCC action. -JBW RECOMMENDATION: To approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative (DRI) grant Agreement #10DB-D4-09-21-01-K09 between DEO and Collier County, the associated subrecipient agreements for two new projects, and four associated subrecipient agreement amendments. PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services 1693 Grant# 10DB-D4-09-21-01-K09 CFDAICSFA#- 14.228 Subrecipient—Immokalee Area Community Redevelopment Agency (CRA) DUNS # -076997790 FETI # - 59-6000558 AGREEMENT BETWEEN COLLIER COUNTY AND Immokalee Area Community Redevelopment Agency Colorado Avenue Area Stormwater THIS AGREEMENT is made and entered into this 23rd day of April, 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and " Immokalee Area Community Redevelopment Agency (CRA)." A Community Redevelopment Agency approved by the Board of Collier County Commissioners, having its principal office at 1320 15th Street Immokalee, Fl 34142. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Economic Opportunity for $9,963,208.00 in Community Development Block Grant Disaster Recovery Initiative (DRI) funds on May 25, 2010, item #16D 10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in exhibit A of this agreement, in accord with the approved 2008 Disaster Recovery Initiatiave Subgrant Agreement, simultaneously approved by the County with this Agreement; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 1 of 30 1603 The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The Immokalee Area CRA project will Undertake various flood and drainage improvements in the Colorado Avenue area, as defined by the Immokalee Stormwater Master Plan (ISWMP), conduct an Environmental Review/Assessment for the Immokalee Stormwater Master Plan, install or replace associated sidewalks and complete engineering activities for the project. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction and the associated construction agreement, the construction agreement will prevail for reimbursement. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification#7 of DRI Subgrant Agreement #10DB-D4-09-21-01-K09 and end prior to the end date of the same agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED SEVENTEEN THOUSAND THREE HUNDRED DOLLARS ($517,300) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). All improvements specified in Section I. Scope of Services 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 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. The budget identified for all improvements is as follows: Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 2 of 30 0 16 0 t; DRI FUNDS NOTE* Activities/items/services may include but not be limited to: Colorado Avenue Project All costs associated with the construction of $ 517,300 stormwater improvements and associated sidewalks for the Colorado Ave. Stormwater project and the environmental assessment for the Immokalee Stormwater Master plan. Total $ 517,300 Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. 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 quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a$0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Construction activities for stormwater improvements, Submission of monthly invoices on AIA G702- Environmentals and associated sidewalks. 1992 form (attached as Exhibit"G") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% of the construction contract to be released upon Certificate of Completion, final waiver of lien from general contractor and documentation of clients served. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written lmmokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 3 of 30 9 16D3 communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Brad Muckel, Interim Director Immokalee Area Community Redevelopment Agency 1320 15th Street Immokalee, Fl. 34142 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 4 of 30 16113 Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of 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. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. 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. F. GRANTEE RECOGNITION/SPONSORSHIPS Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 5 of 30 CA 16 9 3 *. The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 6 of 30 CA 1603 Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of$25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG/DRI/DEO. 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for (6) years after expiration of this Agreement, as required by the CDBG supplemental conditions provided by the Department of Economic Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 7 of 30 0 1603 Opportunity with the following exception: if any litigation, claim or audit is started be ore the expiration date of the for six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. 4. 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. 5. 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. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit"D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 8 of 30 CA 1�r m etion reports required by HHVS, DEO or HUD to enable HHVS to evaluate said progress a nd to allow 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, DEO AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range ($) Quotes Under $3K No Quote Required Above $3K to $10K 3 Written Quotes Above $10K to $50K 3 Written Quotes Request for Proposal (RFP) Invitation To Above $50K Bid (ITB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. 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, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 9 of 30 0 1• AIRCJ disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such i t•I n, 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 The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 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 (LMI) persons. This specific project must benefit a minimum of three (3) LMI 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. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project 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. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 10 of 30 0 be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted i16 fl3er so g p 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. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 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. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 23rd day of April, 2013. SIGNATURE PAGE TO FOLLOW Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 11 of 30 0 1603 ATTEST: rf' ' BOARD • C'I TY r OMMISSIONERS OF DWIGHT E BROCK.,CLERK COLLIE' C• ' Y, FLORIDA .i 46. B y: By: m; GEO'WA' * . ILLER, ESQ CHAI' OMAN y/27� �1 '• Dates: ' 'a0k',, Att hairman's signature only. Collier County Community Redevelopment Agency (CRA) Immokalee By: Subrecipi t ignature //73/ ,,-/ Tim Nance, Chairman, Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: ?5 Jenn>,, er B. White Assistant County Attorney a 1 13 4\ I Item# l -P3 Agenda (�a� Date 'D Date -� Rec'd 111L .. iepu Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 12 of 30 c� 1603 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, 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. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. 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 $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. 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 $1,000,000 per occurrence/$1,000,000 aggregate 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. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates 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. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Immokalee Area Community Redevelopment Agency DR1 08-09 Colorado Ave. Area Stormwater Page 13 of 30 (104 16D3 OPERATION/MANAGEMENT PHASE(IF 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: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. 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 as their interest may appear (A.T.I.M.A.) 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Immokalee Area Community Redevelopment Agency DR1 08-09 Colorado Ave.Area Stormwater Page 14 of 30 0 EXHIBIT "B COLLIER COUNTY HOUSING HUMAN'AND VETERAN SERVICES 16 D 3 REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Immokalee Area Community Redevelopment Agency Sub recipient Address: 1320 15th Street Immokalee, Fl. 34142 Project Name: Colorado Ave. Area Stormwater Project No: DRI 08-09 Payment Request# Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $517,300 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 made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 15 of 30 0 EXHIBIT "C" 16 D 3 RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (progress/final) Request for Payment. Immokalee Area Community Redevelopment Agency Witness: BY: BY: ITS: Board Chairman DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, 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 Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 16 of 30 C9 EXHIBIT "D" 16 0 3 QUARTERLY PROGRESS REPORT • Sub-recipients: Please fill in the following shaded areas of the report • • Agency Name: Immokalee Area Community Redevelopment Agency Date: • Project Title: • Colorado Ave.Area Stormwater • • Program Alternate Contact: • Brad Muckel Contact: • Telephone Number: (239)867-4121 • • • • ❑ ❑ ❑ ❑ ❑ • *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 3/31 6/30 9/30 12/31 final • Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in 1. meeting those goals. • A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. • Outcome 1:. • Outcome 2: • Outcome 3: •• B. Goal Progress: Indicate the progress to date in meeting each outcome goal. • Outcome 1: • • • • • • • Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a 2. new timeline for approval. Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 17 of 30 �9 • • 16D3 • Y • • e ❑ s • • If no,explain: 3. • Since agreement date,of the persons assisted,how many.... . • • • a. • ...now have new access(continuing)to this service or benefit !0 b. • ...now has improved access to this service or benefit '0 c. • ...now receive a service or benefit 0 • • TOTAL: 0 4. • What funding sources are applied for this period/program year? • Section 108 Loan Guarantee DRI/DREF • Other Consolidated Plan Funds CDBG $` $ • Other Federal Funds ' ESG - =• $ $ • State/Local Funds HOME - • $ Total amount $ • • Total Other Funds - of Funds - Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 18 of 30 EXHIBIT "D" 16 D 3 QUARTERLY PROGRESS REPORT 5. What is the total number of UNDUPLICATED clients served this quarter,If applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 . Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: €I Total No.of female head of household: 0 6. (What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total number of adult females served: 0 Total number of females served under 18: Q.. b. Total number of adult males served: 0 Total number of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED BENEFICIARY DATA r 8. OTHER BENEFICIARY DATA INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served since October 1 who fall into served since October 1 who fall into each income each presumed benefit category (the total category(the total should equal the total in question#6): should equal the total in question#6): Report as: Report as: O Abused Children 0 Extremely low Income(0-30%) O Homeless Person 0 Low Income(31-50%) O Battered Spouses 0 !-Moderate Income(51-80%) O Persons w/HIV/AIDS 0 Above Moderate Income(>80%) 0 Elderly Persons O Veterans O Chronically/Mentally ill O Physically Disabled Adults O Other-Youth TOTAL: 0 TOTAL: 0 9. I Racial&Ethnic Data: lot applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White of whom,how many are Hispanic? Black/African American 0 0 •of whom,how many are Hispanic? Asian 0 0 ;of whom,how many are Hispanic? American Indian/Alaska Native 0 0 S;of whom,how many are Hispanic? Native Hawaiian/Other Pacific Islander 0 0 ;of whom,how many are Hispanic? American Indian/Alaskan Native&White 0 0 ';of whom,how many are Hispanic? Black/African American&White 0 0 -;of whom,how many are Hispanic? Am.Indian/Alaska Native&Black/African Am. 0 0 of whom,how many are Hispanic? Other Multi-racial ,0 0 of whom,how many are Hispanic? Other 0 0 ';of whom,how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Signature: Your typed name here represents your electronic Title: signature Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 19 of 30 "E" 161J3 « EXHIBIT E ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Immokalee Area Community Fiscal Year Ending Sept. 30, 2011 Name Redevelopment Agency FY 10/1 to 9/30 Period and 2012 When available Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 20 of 30 EXHIBIT "F" 16 Q 3 LOCAL, STATE AND FEDERAL RULES, REGULATIONS AND LAWS 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. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 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 and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 21 of 30 0 1603 be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 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 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 22 of 30 18. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 16 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: • Subpart A—General; • Subpart B—Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C —Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment— In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 23 of 30 16D3 Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. 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. Any situations when negotiations, litigation and/or 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 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. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. 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, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 24 of 30 r ance wi6 29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in acco - d t 3g - Free Workplace Act of 1988 (41 USC 701). 30. 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 as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, 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. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. 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 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 CFR 570.505. In accordance with the DRI Administrative Plan, a ten (10) year depreciating lien for the homeowner will be filed as a security instrument for the work performed and funded with the grant. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof This notice is required by § 287.133 (3) (a), Florida Statutes. 35. 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 lmmokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 25 of 30 continuation, renewal, ame drht-�6r entering into of any cooperative agreement, and the extension, , modification of any Federal contract, grant, loan, or cooperative agreement. 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. 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. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA)per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD/DEO. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021, Records Retention. 40. The Disaster Recovery Initiative Grant Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference is incorporated into this agreement. Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 26 of 30 �9 16D3 EXHIBIT "G" AIA G702-1992 Form Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 27 of 30 Crs-` T r� 16113 =A1 Document G702't"— 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AlA Document 0702,Application and Certificate for Payment,is to he used in conjunction with A1A Document 0703,Continuation Sheet. These documents are designed to he used on a Project where a Contractor has a direct Agreement with the Owner.Procedures for their use are covered in A1A Document A201.General Conditions of the Contract for Construction. Use of Current Documents Prior to using any A1A Contract Document.users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA.There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any burlher rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702,but only for use in connection with a particular project.The A1A will not permit reproduction outside of the limited license for reproduction granted above.except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AlA software. Licensed AIA software users should consult the End User I.icense Agreement (LUL.A). To report copyright violations of AlA Contract Documents.e-mail The American Institute of Architects'legal counsel, copyright L+:aia.ors COMPLETING THE G702 FORM Alter the Contractor has cornpletetl AIA I)ocurnc-nt 0703,Continuation Sheet, summary information should be transferred to AIA Document 0702, Application arid Certificate for Payment. The Contractor should sign 0702, have it notarized, and submit it, together with 0703, to the Architect. The Architect should review 0702 and 0703 and, if they are acceptable,complete the Architect's Certificate for Payment on 0702. The Architect may certify a different amount than that applied fir, pursuant to Sections 9.5 and 9.6 of A20 I.The Architect should then initial all figures on G702 and 0703 that have been changed to conform to the amount certified and attach an explanation.The completed G702 and(1703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document 0702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor. Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting (i.e.,president,secretary,partner.etc.)and the authority under which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document G702,1—1992.Copyright 1 1953. i 963. 1965,1971,1978,1983 and 1992 by the American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten t10)copies of this document when completed.To report copyright violations of AIA Contract Documents.e-mail The American Institute of Architects'legal counsel, copyright@aia.org. Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 28 of 30 1603 1 92 - Document G7021M — 9 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution to: PERIOD TO: OWNER ❑ CONTRACT FOR: ARCHITECT ❑ FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR ❑ PROJECT NOS: i / FIELD ifl OTHER E CONTRACTOR'S APPLICATION FOR PAYMENT The undersiuned Contractor certifies that to the best of the Contractors knowledge,information Application is made for p;rynnent,as shown hcklw,.n connection with the Contract and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by tie Contractor for Work for Continuation Sheet AIA Document 6703,is attached. which:previous Ceniftcates for Payment were issued:Litt payments received from the Owner,and 1.ORIGINAL CONTRACT SUM $ (Ice:.rrrent payment shown herein is now due. 2.Net change by Change Orders $ __ CONTRACTOR: 3.CONTRACT SUM TO DATE(I_iue I±?) $ 13;: Tate: 4.TOTAL COMPLETED&STORED TO DATE(Column G on 0703)..., 5 Slate of: 5.RETAINAGE: County of: a, (i of Completed Work Subscribed and sworn to before Column 0 e E on 0703: $ me this day or b. 5)of Stored Material Column F on 07031 $ Notan:Public: My Commission expires: Total Rcuainan'e(Lines 5a-5h or Total in Column I of G7031 S 6.TOTAL EARNED LESS RETAINAGE.................................... S ARCHITECT'S CERTIFICATE FOR PAYMENT ;Line 4 Less Line 5 Totalt In accordance,.vith the Contract Documents,based vi on site o'nserv+tions rm.l the data comprising 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT S this applualior,the Architect certifies to the Owner that to the best of the Architect's knowledge, — °------ information a.rd belief the Work has progressed as indicated, the panty of the Work is in (Line 6 from prior Cerlihietite (cot li i c with the Contract Documents, and the Contractor is entitled to payment of the ^-- -- I 11011sfCF,R'l1Fll?D. 8.CURRENT PAYMENT DUE S _l 9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED...................................................................... S 1l.i to 3 lo.:Line h i S (Mreie to r plunatiov rf cmoton cerl(lied ni!!e's fetha the rma met applied.6atia!,dl/(goers an this` _ 10 thaitrnn art)on the Crrrttatu iii r Sheet that are ch agea tr rvmnrm with the amount certified.) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes appr once in previtlo win ho ho Owner S $ By. D'c. Tot 11 apptuved this Month 1$ __-- S s $ I hs i Ce1 e ice is no:r,egat)ahl The AMOUNT I CERTIFIED is jay ah e only to the Contractor 1 ToTAL — named herein.issuance,pay twirl and acceptance ui payment are without prejudice to any rights of NET(:fIARGES by Change Order $ the Owner or Contractor under this Contract AM Document G702"'—1992.Copyright CD 1953 1963,1965,1971,1978.1983 aid 1992 by The American Institute rat Architects.All rights reserved.WARNING: hic,AIA`'©ocoment is prOtnte0 by US,Copyright Law and nirr,ral=oiin Treiitics.ca,iuttrrlced ropoh,rction or dislribulton at this AIA Document,ar any portion of n,may ro a;lI in severe civi..and criminal pennitiee,anal vri]1.,preseca ed to the Toximum went posy bl:under the its Piachaneru are permitted to reproduce len(161 coo es of this doc.nnent.hen corcieted.To report copyright nations of AlA Contract Documents,eion!The American!notate cf A-cn1tecs'legal camel copyright n a aorg. Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 29 of 30 0 CONTINUATION SHEET All DOCUMENT 0703 ;Instructions on reverse side) 16 0 PAGE OF ?AGES . AIA Document C702. APPXA,TION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.: car:mining Contracmr's signed Certifkaion, is 2tt2ictid. APPLICATION DATE: In i2bulations below. amouri are Kilted to the r.earest dollar PERIOD TO: Use column 1 on Con Tam 7,11ere uriabIe reminage fo:-!inc items may appl . ARCHITECT'S PROJECT NO,: , 1 B C D C F G H 1 ..1 1 1 I \CRR COMPLETED MATERIALS I TOTAL STORED 1 -"ND STC)RED 1:G .,''' c) FINISH DPFSFNTTY ; COMPLETED ' BALANCE 1 - . , RR iAINAGE ITEM !, SCH,ENED FRom pREvia:s _ TO - ' T-Ir"C;IPTION OF\\*,ORK , No, -- " - 1 ‘-- - APPLICATIO>, i ThLS PERIOD (NOT TN I TO DATE , Cr VARIABLE! RATE) D + E! 1 NOT.. , D OR E) 1 {p-E+F) 1 I (C-G) 1 , I , 1 , 1 1 1 1 ! 1 1 1 I 1 i I I . 1 : 1 1 ! I ! , 1 , . , ! I I , I 1 i . . i 1 I : i 1 1 , ' . , 1 1 , , ! ' 1 I 1 I 1 i 1 1 , 1 ' 1 , ! . , 1 1 : , 1 , . J 1 , i I , ! . , 1 , ! , , ! ! 1 I I ! I , ! . , AIA DOCUMENT G703•CONT:NUAPON SHEET FOR 572•1?:„:EDITION•Ats! • ::1992•TOE.42,:ERI1AN INSTITUTE,Jr-ARCH:TECTS,;7,5 NET YURI: W:hINGIC.N,DC 21,0(* 2•WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. G703-1992 *.Ak: ow CAUTION;You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 30 of 30 ci 16D3 EXHIBIT A-1 Contract Amendment#6 Collier County Immokalee Area Community Redevelopment Agency(CRA) DRI/CDBG 2008 This amendment, dated April 23, 2013 to the referenced agreement shall be by and between the parties to the original Agreement, the Collier County Immokalee Area Community Redevelopment Agency, (to be referred to as Subrecipient)and Collier County, Florida, (to be referred to as"COUNTY"). RE: Contract# 10DB-D4-09-21-01-K09#14.228 Emergency Rule 9BER 09-2 "Collier County Immokalee Area Community Redevelopment Agency(CRA)" DRI/CDBG-Flood and Drainage Project Words Struek-Through Struck-Through are deleted;Words Underlined are added THE SUBRECIPIENT AGREES TO: IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG/DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Three Million, Five Hundred Thirty Three Thousand, One Hundred Twenty Four Dollars ($3,533,124.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under 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 HHVS, which shall have access to all records and documents related to the project. 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. '. -- • . - •- - • - - t '-- I - • . . .. - . . .. - . •. - - . • - - I, - . - "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a$0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more CDBG/DRI 2008 Collier County Immokalee Area Community Redevelopment Agency Contract Amendment#6 Page 1 of 3 A 160 '3 frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." EXHIBIT "A" SCOPE OF SERVICES Collier County Immokalee Area Community Redevelopment Agency (CRA) Flood and Drainage Project B. BUDGET Collier County Housing, Human and Veteran Services is providing Three Million Five Hundred Thirty Three Thousand One Hundred Twenty Four Dollars and 00/100 ($3,533,124) in CDBG-DRI funding for the project scope described above. Line Item Description Amount of CDBG-DRI Funds Land Acquisition $482,060.99 Flood and Drainage Improvement $2,783,113.012,733,113.01 Engineering $67,950.00 Resurfacing $200,000 0250,000 TOTAL $3,533,124.00 SIGNATURE PAGE TO FOLLOW CDBG/DRI 2008 Collier County Immokalee Area Community Redevelopment Agency Contract Amendment#6 Page 2 of 3 ba 1603 IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this a$-+h day of , 2013 . ATTEST: BOARD OF 0 TY 1OMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER 1 O TY, F ORIDA By: r i1 ,� Georg . A i i 1•r, Esq Attest as to- Chair '• man, BCC Commissioners ..//23/2‘,/ 4tdre a13 4S1 AL) First Witness . ' Collier County Community Redevelopment Agency— Immokalee ZA By: Subrecipient Signature y1/4.3/ °'3 Type/print witness name Tim Nance, Chairman Second Witness Collier County Community Redevelopment Agency Type/print witness name Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney 4\Z CDBG/DRI 2008 Collier County Immokalee Area Community Redevelopment Agency Contract Amendment#6 Page 3 of 3