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Backup Documents 10/08/2013 Item #16D 8ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1608 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 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 throueh routine lines #1 throueh #4_ comnlete the checklist and forward to Sue Filson (line 1051 Route to Addressee(s) Office Initials Date List in routing order 10/08/13 Agenda Item Number 16 D.8 1. Rosa Munoz, Grant Coordinator Housing, Human, Veterans Services RM 10/7/13 Type of Document Department Number of Original 2 originals 2. Jennifer A. Belpedio, ACA Office located within Housing, Human, Veterans Services Department 10/10 /! Plaza 3. County Attorney's Office County Attorney's Office 4. BCC Office Board of County Commissioners Wa M 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and .lo all other parties except the BCC Chairman and the Clerk to the Board 5. Minutes and Records Clerk of Court's Office RM PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Contact Rosa Munoz, Grant Coordinator Phone Number 239 - 252 -5713 Agenda Date Item was 10/08/13 Agenda Item Number 16 D.8 Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the RM Type of Document Second Amendment to the Subrecipient Number of Original 2 originals Attached Agreement - CRA- Immokalee First St. Documents Attached Plaza INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 « matter_numben> /adocument_numben> Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not Initial A licable 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the RM Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or RM the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and RM initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be RM provided to the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 10/08/13 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. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 « matter_numben> /adocument_numben> N 0 wo� MEMORANDUM Date: October 14, 2013 To: Rosa Munoz, Grants Coordinator Housing, Human & Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Second Amendment to the Subrecipient Agreement — CRA "Immokalee First Street Plaza" Attached is an original copy of the document referenced above, (Item #16D8) approved by the Board of County Commissioners on Tuesday, October 8, 2013. The second original copy will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions please call me at 252 -8411. Thank you M l ; , Grant # - B- 10 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecinient — Collier County Community Redevelopment A enc - Immokalee DUNS # - 076997790 FETI # - 59- 6000558 FY End 9/30 Monitorin2 Deadline 9/30/2018 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE IMMOKALEE CRA -FIRST STREET PUBLIC FACILITY FIRST STREET PLAZA THIS AMENDMENT is entered into this 8th day of October. 2013 by and between the parties to the original Agreement, "Collier County Community Redevelopment Agency (CRA) - Immokalee," a public entity created by Collier County pursuant to Chapter 163, Florida Statutes" having its principal office at 750 South Fifth Street, Immokalee, FL 34142, and its Federal Tax Identification number as 59- 6000558 and DUNS #076997790, herein after referred to as " SUBRECIPIENT" and Collier County, Florida, hereinafter to be referred as "COUNTY ", collectively stated as the "Parties." RECITALS Whereas, on January 24, 2012, the County entered into an Agreement with the Community Development Block Grant Program funds to be used for land acquisition and construction/design -build activities /line items /services (hereinafter referred to as the "Agreement "); and Whereas, on January 8, 2013, the Agreement was amended, and Whereas, the Parties desire to further amend the Agreement to reference additional HUD language and make housekeeping type modifications to the agreement including the Scope of Services. NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words Struelih+ettg# are deleted; Words Underlined are added III TIME OF PERFORMACE The effective date of this Agreement shall be January 24, 2012. The services of the SUBRECIPIENT shall comply with all terms and conditions of HUD Grant B- 10 -UC -12 -0016. All Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 1 C] Wei l: services required hereunder shall be completed by the SUBRECIPIENT up to and including 9steber-38; 241-3 May 31, 2014. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY as set forth in Section XI. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed EIGHT HUNDRED TEN THOUSAND AND 00 /100 DOLLARS (U.S. $810,000) unless an additional $150,000 of grant funds is allocated by the Board of County Commissioners in a Substantial Amendment to the County's Action Plan. If so, the SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY in an amount not to exceed NINE HUNDRED SIXTY THOUSAND AND 00 /100 DOLLARS (U.S. $960,000) for the services described in Exhibit "A." The amount of ZERO DOLLARS ($0.00) to be retained by Collier County for grant administration. In the event the project costs exceed the stated amount, the SPONSOR shall be responsible for the excess. 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 qualified section 3 business concern with the lowest responsive quotation/bid, if it is reasonable and no more than 10 percent higher than the quotation/bid of the lowest responsive quotation/bid from any qualified source. 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 Ceunty shall reimbur-se the SUBRECIPIENT for- the per-fermanee of this AgFeeffiefit as wedE pr-egr-esses but, net fner-e ffeqtienti), than enee per- menth. Paymen4 will be made upen r-ee ., other-wise !mown as the "bereal Gever-ament Prempt Pa��ent Aet." Ne payment will be made until appfeved by 1414VS.- 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 g_ progress reports 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 vet 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 Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 2 MIN 16D8 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." VI. GENERAL CONDITIONS C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title V! ef the 1964 Civil Rights Aet, 42 USC § 2000d, et, seq. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended. 4. 24- CFR 34. Title VI of the 1964 Civil Rig_ hts Act 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. 67. 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. -78. 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 Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 3 Cq 16oR 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 Agrrgement: "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 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. 449. Age Discrimination Act of 1975 Executive Order 11063. and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 4 -1-10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. Amendment No. 1 CDIO -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 4 0 W*15 • 4 -011. 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. 413. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 4214. 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)). 415. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 4416. 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. 1 -518. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16. OMB r 1 n 133 e al audits. 17 OMB Gi 1 A 122 — veracncifies eest in "Y1� Y` " " 4$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: • Section 84 22 Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making_ payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84 24 Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25 Revision of Budget and Program Plans; Amendment No. 1 CDIO -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 5 0 1608 • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505, • Section 84.34(,8) Equipment — In lieu of the disposition provisions of 84.34(8) the following applies: • In all cases in which equipment is sold, the proceeds shall be prog am 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; • Section 84.35, Supplies and other Expendable Property • Section 84.51(b) (c) (d) (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • 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 activit is s reported on for the final time rather than from the date of submission of the final expenditure report for the award, • 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 4-420. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 2821. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. - Chapter . 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 6 0 IOJITOOI� Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 2-524. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Fla. Stat. Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 7 G • -JECT3W.Mr. WA gain E rA IN INIM Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 7 G • -JECT3W.Mr. WA gain E rA Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 7 G 1608 25. Clean Air Act, 41 USC 7401, et seq. and 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. Amendment No. I CDIO -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 8 lip .. FM Will "N 0.0 1 fial NOW 25. Clean Air Act, 41 USC 7401, et seq. and 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. Amendment No. I CDIO -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 8 160P 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. 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 eiizhty (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. Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 9 (3)) i6na 33. Any property acquired by the SUBRECIPIENT for the purpose of carrng 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. 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 gency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract the making of any Federal grant the making of any Federal loan, the entering into of any cooperative agreement and the extension continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021 Records Retention 40. Florida Statutes, 119.071. Contracts and Public Records. Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 10 G 160R VII. ADMINISTRATIVE REQUIREMENTS B. DOCUMENTATION AND RECORDKEEPING 1. SUBRECIPIENT must keep and maintain all public records that ordinarily and necessarily would be required by the COUNTY to perform the service. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records f f six (6) yeafs after- expifatien of this ^ ^r°°ffi°"= in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) 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 f 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 COUNTY. 10. SUBRECIPIENT must provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT must ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. C. REPORTS, AUDITS, AND EVALUATIONS (MONITORING) Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page I 1 OA( +tine the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out pel =iedie 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. monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit annual audits-, information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85. Purchasing Threshold Policy Dollar Ran e Ouotes Under 3K 1 Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFBI GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Any balance of unobligated funds which have been advanced or paid must be returned to the Countv.Anv funds paid in excess of the amount to which SUBRECIPIENT is entitled under this Agreement must be refunded to the COUNTY. 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. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 12 " 9_0 160A XI. REVERSION OF ASSETS In the event of a termination of this A>reement 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 anv portion of the funds, as the COUNTY may _deem necessary, 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). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 13 .. .• AM a In the event of a termination of this A>reement 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 anv portion of the funds, as the COUNTY may _deem necessary, 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). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 13 160R EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY COMMUNITY REDE VEL OPMENT AGENCY (CR,4) IMMOKALEE Immokalee CRA- Public Facility A. PROJECT SCOPE: The Immokalee Community Redevelopment Agency (CRA) will use Community Development Block Grant (CDBG) funding in the amount of $810,000.00 unless an additional $150,000 of grant funds is allocated by the Board of County Commissioners in a Substantial Amendment to the County's Action Plan. If so the SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs determined by COUNTY, in an amount not to exceed NINE HUNDRED SIXTY THOUSAND AND 00 /100 DOLLARS (U.S. $960,000) for the acquisition of two adjacent parcels of land and subsequent design and building of the First Street Public Plaza in the downtown area of Immokalee, Florida. The design will include one gateway for the central commercial district. The Plaza will be located at the NE NW corner of First and Main Street. Land Acquisition, Design and Constructions activities /items /services may include but not be limited to: closing costs, impact fees, pre - design /design, permitting, pedestrian walkway sidewalk, and roof structure; the columns, fencing, landscaping and hardscaping (pavers) €euntaift. Optional "add- alternate" items include: 1) minor design modifications to the concrete /stucco art wall along the western property line, 2) a total upgraded wall along the western property line and/or 3 a large focal point sculpture on the southeast corner of the lot. Project earthwork to will include site rgading, a stormwater conveyance system, leg and the installation of utilities (Irrigation, potable water lines and electric). The detailed project scope will be contained in the schedule of values awarded the project's construction contract. The project construction contract will include details sufficient to document the number, amount, and costs associated with all activities. B. BUDGET Collier County Housing, Human and Veteran Services is providing Eight Hundred and Ten Thousand Dollars ($810,000.00) unless an additional $150,000 of grant funds is allocated by the Board of County Commissioners in a Substantial Amendment to the County's Action Plan. If so, the SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding; for allowable costs determined by COUNTY in an amount not to exceed NINE HUNDRED SIXTY THOUSAND AND 00 /100 DOLLARS (U.S. $960,000) in CDBG funding for the project scope described above. Line Item Description CDBG Funds Acquisition of two parcels of land /closing $240,67 costs, and impact fees $ 240,132.17 Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 14 MI All Construction/Design -Build Activities as $569,32 ✓T listed in scope $ 569,867.83 TOTAL $ 810,000.00 *150,000.00 *$ 960,000.00 *Contingent upon Approval of Substantial Amendment to the Action Plan and BCC approval 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 si rg_iify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. All services 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 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 ports 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�et 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." C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and as such, is not to be used as a payment schedule. Date Start Date End Work Plan Amendment No. 1 CDIO -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 15 fr- i �np 01/24/2012 05/30/12 Acquisition of parcels and closing/Impact Fees 01/25/2012 10/30/12 Begin Bid Process 01/2012 10/30/12 Procure eligible design architect 01/2012 11/30/12 Award Design Contract 01/2012 01/30/13 Pre- Design/Master Planning & Preliminary Design/Master Planning 6/17/13 7/01/13 Submit Procurement Packet to Purchasing (includes SDP and draft legal advertisement 6/18/13 7/30/13 Purchasing Review /OMB/HHVS Review 7/03/13 8/15/13 Public Notice 91/2012 01/2012 &3043 8/05/13 Bidding and Permits 8/5/13 8/5/13 Open Bids 8/6/13 8/9/13 Tabulate Bids and draft Executive Summary 9/10/13 10/22/13 Board of County Commissioners Contract Approval 9/10/13 10/31/13 Circulate Contract for si nab 9/10/13 10/31/13 Issue GC NTP (purchasing loads contract into SAP, PM creates urchase requisition, Finance approvesl 01/2012 1 W304 3 3/03/14 Construction Performance Period Complete final ins-peetions and pr-qjeet elese out. 3/3/14 5/31/14 Inspections, close out & permits Amendment No. 1 CD10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 16 UUIT000� IN WITNESS WHEREOF, the Parties have executed this Second Amendment on date and year first written above. ATTESf'- r "� DWIGHT =E. - ROE`I; CLE 44iq /� 1�►174 a, i fittest as to wkwws signature :tir Dated: t 114 (SEAL) ATTESrT.: .. . . DWIGPHT E: BROM- ,CLERK r Q� 4 Dated:*- (SEAL) Amendment No. 1 CID 10 -13 Community Redevelopment Agency (CRA) Immokalee First Street Plaza (Zocalo) Project Page 17 BOARD OF C COLLIER CO t GEORG OMMISSIONERS OF ESQ., CHAIRWOMAN Collier County Community Redevelopment Agency (CRA) Immokalee i r By: Subrec pient Signature Tim Nance, Chairman, Collier County Community Redevelopment Agency- Immokalee Type /print Subrecipient name and title Approved as to form and legality: ck� Jennifer A. Belped o Assistant County Attorney Item # Ilk D- Daeda� �(3 Dace ( a r ( 3 Recd Deputy Clerk G°'