Backup Documents 03/09/2010 Item #16D 6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 0 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original dl)CUmcnh should be hand delivered I.,) th,. Board Office The completed routing slip and original
documents are to he forwarded to the Roard Office on I)' !!kr the Board has taken adion on the Hi:I1l.1
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or intormation needed. If the document is already complete with the
excebtion of the Chairman's silm8ture, draw a line througl routinl! lines #1 throu2h #4, comnlete the checklisl and forward to Ian Mitchell.
Route to Addressee(s) Office Initials Date
(List in routin. order)
I.Colleen Greene County Attorney em&-- 3.11./0
5.Ian Mitchell, Supervisor BCC Office Board of County Commissioners ~ 3/ f( I/O
3. Minutes and Records- Clerk of Court's Office
4.
5.
6.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee 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 Bee Chairman's signature are to he delivered to the Bce office only after the BCe has acted to approve the
item)
Name of Primary Slaff Wendy Klopf, Opemtions Coordinator Phone Number 252-2901
Conlael
Agenda Dale llem was March 9, 2010 Agenda Item Number 1606
ADDroved bv the BCC
Type of Document CDBG-R- Sub-Recipient Agreement Number of Original 2
Attached Documents Attached
t.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in !he Nol Applicable column, whichever is
a TO riale.
Original documenl has been signed/initialed for legal sufficiency. (All documents to be
signed by !he Chainnan, wi!h the exceplion of moslletters, musl be reviewed and signed
by !he Office of !he County Attorney, This includes signalure pages from ordinances,
resolutions, eIc, signed by !he County Attorney's Office and signalure pages from
contracts, agreements, elc. !hat have been fully execuled by all parties except !he BCC
Chairman and Clerk 10 !he Board and ossibl Slate Officials.)
All handwritten strike-through and revisions have been initialed by Ihe County Attorney's
Office and all other . es exce t!he BCC Chairman and the Clerk to !he Board
The Chainnan's signalure line dale has been entered as the date ofBCC approval of !he
documenl or the final ne otialed contract date whichever is licable.
"Sign here" labs are placed on !he appropriate pages indicating where the Chairman's
si lure and initials are re uired.
In moo cases (some contracts are an exception). !he original document and this routing slip
should be provided Io Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and n.."quire forwarding to Tallahassee within a certain
time frame or !he BCC's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on December IS. 2999(enter date) and all
changes made during the meeting have been incorporated 'n the attached document.
The Coun Attorne 's Omee has reviewed the chan es, i a licable.
-V .
3/9/;0
Yes
(Inilial)
WK
2.
3,
4.
5.
6,
WK
WK
WK
NA
WK
I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip WWS ()riginal 9.03.04, ReVIsed 1.26.05, Revised 2.24.05
16D 6
MEMORANDUM
Date:
March 12,2010
To:
Wendy Klopf, Operations Coordinator
Housing & Human Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agreement between Collier County and
Empowerment Alliance Corporation of Southwest
Florida (Credit Counseling and Foreclosure
Prevention Program) (HUD Grant #B-09-UY-12-0016)
Attached are the two original challenge grant agreements, referenced
above, (Item #16D6) approved by Board of County Commissioners
March 9, 2010.
The Minutes & Record's Department will hold a copy of the agreement
for the Board's Official Record.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachments (I)
16D 6
AGREEMENT BETWEEN COLLIER COUNTY
AND
EMPOWERMENT ALLIANCE CORPORATION
OF SOUTHWEST FLORIDA (EASF)
CREDIT COUNSELING AND FORECLOSURE PREVENTION PROGRAM
Catalog of Federal Domestic Assistance # 14,253
HUD Grant # B-09-UY -12-0016
THIS AGREEMENT is made and entered into by and between Collier County, a
political subdivision of the State of Florida, ("COUNTY"), and "The Empowerment Alliance
Corporation of Southwest Florida," a private not for profit corporation existing under the laws
of the State of Florida, having its principal office at 750 South Fifth Street, Immokalee, FL
34142, and its Federal Tax Identification number as 59-3682139 ("SUBREC1P1ENT").
WHEREAS, the COUNTY has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) pursuant to the authority of Title XII of
the American Recovery and Reinvestment Act of2009 (Public Law Ill-5)(the Recovery Act).
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain
activities to primarily benefit low and moderatc income persons and neighborhoods and to use
Community Development Block Grant-Recovery (CDBG-R) funds for: activities intended to
create suitable living environments, provide decent affordable housing and create economic
opportunities; and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year 2009-2010 for
the CDBG-R Program for April 28, 2009-Agenda Item 16D3; and
WHEREAS, Resolution 08-121 was developed following the Collier County
Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 with Resolution
01-02; and
WHEREAS, HUD has approved the County's Consolidated Plan One- Year Action Plan
for Federal Fiscal Year 2009-2010 for the CDBG-R Program and the use of the CDBG-R funds
for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBREC1PIENT desire to provide the activities
specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG-R Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
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I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s ).
(B) "ARRA" means the American Recovery and Reinvestment Act (Public Law 111-
5).
(C) "CDBG-R" means the Community Development Block Grant-Recovery Program
and pursuant to the authority of the ARRA.
(D) "HHS" means Collier County Department of Housing and Human Services.
(E) "HHS's Approval" means the written approval of the Department of Housing and
Human Services or designee.
(F) "SUBREC1PIENT" means The Empowerment Alliance Corporation ofSW
Florida. (EASF)
(G) "HUD" means the U.S, Department of Housing and Urban Development or a
person authorized to act on its behalf
(H) "Low and moderate income persons" means the definition set by HUD.
(I) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUBREC1PIENT shall, in a satisfaclory and proper manner, as determined by HHS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be A...t
1'.~. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHS prior written approval. The services of the
SUBREC1PlENT shall be undertaken and completed in light of the purposes of this Agreement.
In any event, all services required hereunder shall be completed by the SUBREC1PIENT prior to
~~"I~Il.",3Q. ~12. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the HUD.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBREC1PIENT shall be reimbursed by the COUNTY using HUD tunding for
allowable costs, determined by COUNTY, in an amount not to exceed Thirty-Four Thousand
Five Hundred dollars ($34.500) for the services described in Exhibit "A."
All improvements specitied in Exhibit "A" shall be performed by SUBRECIPlENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and Federal requirements, The SUBREC1P1ENT shall enter into contract for
improvements with the lowest responsive and qualified bidder. Contract administration shall be
handled by the SUBREC1P1ENT and monitored by HHS, which shall have access to all records
and documents related to the project.
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The County shall reimburse the SUBREC1PlENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHS pursuant to
the submittal of monthly progress reports, Payments shall be made to the SUBREC1PIENT
when requested as work progresses but, not more frequently than once per month. Payment will
be made upon receipt of a proper invoice and in compliance with !l 218,70, Fla. Stat., otherwise
known as the "Local Government Prompt Payment Act." No payment will be made until
approved by HHS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered
to HHS at its office, presently located at 3301 E, Tamiami Trail, Bldg H, Suite 211, Naples,
Florida 34112, and to the SUBREC1PlENT when delivered to its office at the address listed on
page one (l) of this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBREC1P1ENT shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement,
the SUBRECIPlENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or its designee
within forty-five (45) days of said official notification.
B. DEBARMENT
The SUBREC1PlENT certifies thaI 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
SUBREC1PlENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The SUBREC1P1ENT agrees to comply with any applicable laws, ordinances, regulations
and orders of the State, local and Federal governments, including, but not limited to:
1. The American Recovery and Reinvestment Act (Public Law 111-5), Special
conditions apply, See Exhibit C (attached and incorporated herein) and for additional
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information see www.recoverV,gov.
2. 24 CFR 570, as amended - The regulations governing the expenditure of
Community Development Block Grant-Recovery (CDBG-R) funds,
3, 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
4. Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, el. seq.
5, 24 CFR 107 - 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.
7. Title Vll of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC ~ 2000e, et. seq.
8. 24 CFR 135 ~ Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1975.
10. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5).
12, Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by
CDBG-R. (See 42 USC 276a and 24 CFR 135.1 I (c)).
14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
15. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant-Recovery Contracts.
16. Public Law 100-430 - the Fair Housing Amendments Act of 1988,
17.0MB Circular A-133 - concerning annual audits.
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18.0MB Circular A-122 - which identifies cost principles.
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
20. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq.
and regulations relating thereto. Failure by the 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. Chapter 112, Florida Statutes.
23. Prohibition Of Gifts To County Employees - No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part 1Il, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
24. Order of Precedence - In the event of any connict 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.
25. Venue - Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. Dispute Resolution - Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S
staff person who would make the presentation of any settlement reached during negotiations to
COUNTY for approval. Failing resolution, and prior to the commencement of depositions in
any litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified
by the State of Florida. The mediation shall be attended by representatives of 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 Sial.
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D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by
written contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPlENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Scope of Services set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet
the minimum standards as established by the Collier County Purchasing Department, Florida
Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to consultant
work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY
without prior written approval of the HHS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written
agreement executed by the governing boards of both parties, except that County representative(s)
may approve adjustments between line item amounts, scope clarifications, or an extension of
time and schedule that do not change the project, or exceed the amount funded by the County, as
stated herein. Any modifications to this contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in etlect at the time such modifications are
authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not pertain to any
incident arising from the sole negligence of Collier County. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Slalules.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly
identified as to funding source. The SUBRECIPIENT will include a reference to the financial
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support herein provided by HHS & ARRA in all publications and publicity. In addition, the
SUBRECIPIENT will make a good faith etlort to recognize HHS & ARRA support for all
activities made possible with funds made available under this Agreement. The SUB RECIPIENT
will mount a temporary construction sign for projects funded by HHS & ARRA. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. The construction sign shall comply with
applicable County Codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs,
reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this
Agreement shall be returned to HHS or the COUNTY. In the event of termination, the
SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY
may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the
exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined.
I. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper marmer its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, cither party shall thereupon have the right to
terminate this Agreement in whole or part by giving written notice of such termination to the
other party and specifying therein the etlective date of termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination. (See 24 CFR 85.44.)
3. TERMINA TION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated etlective on the date that BUD specifies.
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts descri bed herein and further set
forth in Exhibit "B" to this Agreement.
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J. SUBRECIPIENT LIABILITY OBUGA TION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUB RECIPIENT of its liability and obligation under this subsection or under any subsection of
this contract. The contract is contingent upon receipt of the insurance documents within fifteen
(15) calendar days after the Board of County Commissioners' approval. If the Insurance
certificate is received within the specified period, but not in the manner prescribed in these
requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an
additional five (5) calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of
the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation,
leave, unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A-II0 (Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal controls. and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records required by CDBG-R and
ARRA.
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HIlS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement shall be
surrendered to HHS ifrequested. In any event the SUBRECIPIENT shall keep all documents and
records for three (3) years after expiration of this Agreement.
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3. The SUBRECIPIENT shall submit reports as required to assist the
COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity
Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. The SUB RECIPIENT shall submit detailed monthly progress reports to
HHS outlining the status of specific activities under the project. Each report must account for
the total activity for which the SUBRECIPIENT is paid with CDBG-R funds, in part or in whole,
and which is required in fulfillment of their obligations regarding the Project. The progress
reports shall be submitted on the form Exhibit "D," Schedule "0-2."
5. The SUBRECIPIENT shall maintain records showing compliance with the
Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUB RECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly,
the SUB RECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect
cost allocation plan for determining the appropriate SUBRECIPIENT' s share of administrative
costs and shall submit such plan to the COUNTY for approval, in a form specified by the
COUNTY.
7. Failure to adequately maintain any former CDBG-R funded project may
result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture
of future CDBG-R funds.
8. The SUBRECIPIENT will be responsible for the creation and
maintenance of income eligible files on clients served and documentation that all households are
eligible under HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on
the SUBRECIPIENT's compliance with the above.
C. REPORTS. AUDITS. AND EVALUATIONS
I. Quarterly ARRA reporting is required of SUBRECIPIENT and
SUBRECIPIENT's vendors, including data elements described in Section 1512 of the ARRA
and further outlined at www.federalreporting.gov. HHS will establish time lines for the
submitting of quarterly reports.
2. Monthly progress reports will be submitted using the form attached as
Exhibit B and will be accompanied by a Request for Reimbursement if applicable.
3. Reimbursement will be contingent on the timely receipt of complete and
accurate reports required by this Agreement, and on the resolution of monitoring or audit
findings identified pursuant to this Agreement.
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4. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring
and evaluation activities as determined necessary. The continuation of this Agreement is
dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS,
submit information and status reports required by HHS or HUD to enable HHS to evaluate said
progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS
or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled as determined by HHS or HUD.
D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY, AND HUD
REQUIREMENTS
The SUB RECIPIENT agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available for specified activities.
E. PRIOR WRITTEN APPROVALS
(1 ) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1 ,000 or more;
(3) All out-of-town travel (travel shall be reimbursed in accordance with
Chapter 112, Fla. Stat. unless otherwise required by CDBG-R);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this
agreement for programs described in Exhibit "A"; and
(6) All rates of pay and pay increases paid out of CDBG-R funds, whether for
merit or cost of living.
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-II0, A-122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
I. Non-profit organizations that expend $500.000 or more armually in federal
awards shall have a single or program-specific audit conducted for that year in accordance with
OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under
only one federal program may elect to have a program-specific audit performed in accordance
with OMB A-133.
2. Non-profit organizations that expend less than $500,000 annually in
federal awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review (e.g., inspections. evaluations). These
agencies are required by HIlS to submit "Reduced Scope" audits (e.g., financial audit,
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performance audits). They may choose, instead of a Reduced Scope Audit, to have a program
audit conducted for each federal award in accordance with federal laws and regulations
governing the program in which they participate.
3. When the requirements of OMB A-133 apply, or when the
SUBRECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by the
SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months
following the end of the SUBREClPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements
of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an
audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the
period during which HHS-federal assistance has been received. In either case, each audit shall
cover a time period of not more than twelve months and an audit shall be submitted covering
each assisted period until all the assistance received from this contract has been reported. Each
audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover
only those services undertaken pursuant to the terms of this contract. A copy of the audit report
must be received by HHS no later than six months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance
with generally accepted accounting principles, procedures, and practices which shall sufficiently
and properly reflect all revenues and expenditurcs of funds provided directly or indirectly by the
County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all HHS approved subcontracts
each of the recordkeeping and audit requirements detailed in this contract.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part
by funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall require
the prior written approval of HHS or its designee. Accounting and disbursement of such income
shall comply with OMB Circular A-II0 (Uniform Administrative Requirement for Federal
Grants) and other applicable regulations incorporated herein by referencc.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY.
Program Income shall bc utilized to undertake activities specified in Exhibit "A" of this
Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program
Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the
COUNTY unless the SUBRECIPIENT requests and is authorized by HHS to utilize
uncommitted funds.
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 11 01'28
16 D ~6
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but not be
limited to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances. program income balances, and receivable
accounts to the COUNTY), and determining the custodianship of records.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of: or be
subjected to, discrimination under any activity carried out by the performance of this Agreement
on the basis of race. color, disability, national origin, religion, age, familial status, or sex. Upon
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement.
To the greatest extent feasible, lowcr-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSINESS ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the
SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-
owned business enterprises of supplies and services, and provide these sources the maximum
feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To
the maximum extent feasible, these small business and minority/women-owned business
enterprises shall be located in or owned by residents of the CDBG-R areas designated by Collier
County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this
Agreement must be low- and moderate- income persons. If the project is located in an
entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent
(30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated
Collier County or in municipalities participating in thc County's Urban County Qualification
Program. The project shall assist beneficiaries as defined above for the time period designated in
Exhibit "A" ofthis Agreement.
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 1201'28
160 6
D. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project. has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement and that no person having any conflict of interest shall
be employed by or subcontracted by the SlJBRECIPIENT. Any possible conflict of interest on
the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided,
however, that this paragraph shall be interpreted in such a manner so as not to unreasonably
impede the statutory rcquirement that maximum opportunity be provided for employment of and
participation of low and moderate-income residents of the projcct target area.
E. PUBLIC ENTITY CRIMES
As provided in ~ 287.133, Fla. Sial. by entering into this Agreement or performing any
work in furtherance hereof, the SUBRECIPIENT certifies that it, its afliliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof This notice is required by ~
287.133 (3) (a), Fla. Sial.
F. DRUG-FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug-free workplaces In
accordance with the Drug-Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief: that;
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Fedcral loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Fcderal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 1301'28
16D 6
3. The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, contracts under grants, loans, and cooperative agreements) and that all SUB RECIPIENTS
shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the SUB RECIPIENT for the purpose of carrying on the
projects stated herein, and approvcd by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,
shall be subject to the provisions ofCDBG-R including, but not limited to, the provisions on use
and disposition of property. Any real property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with CDBG-R funds in excess of $25,000, must adhere to
the CDBG-R Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, el seq.
2. Federal Water Pollution Control Act, 33 USC 1251, el seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by
FEMA as having special f100d hazards, f100d insurance under the National Flood Insurance
Program is obtained and maintained. If appropriatc, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said f100d
Insurance.
C. LEAD-BASED PAINT
The SUB RECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint
Poisoning Prevention Act found at 24 CFR 570.608.
D. HISTORIC PRESERVATION
The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the
procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for
Protection of Historical Properties.
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 1401'28
160 6
X. CQNDITIQNS FOR RELIGIQUS QRGANIZATIQNS
CDBG-R funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.200(j) specifics the limitations on CDBG-R funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY
any CDBG-R funds on hand at the time of expiration, any accounts receivable attributable to the
use of CDBG-R funds, and any non-expendable personal property that was purchased with
CDBG-R funds. Any real property under SUBRECIPIENT control will be covered by the
regulations 24 CFR 570.503(B) (8).
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid,
such a determination shall not atlect the validity or enforceability of any other section or part
thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be
an original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the
parties and constitutes the entire understanding. The parties hereby acknowledge that there have
been and are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein.
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 15 01'28
160 6
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this March 09, 2010
ATTEST:
DWIGHT E. BROGj.(, CLERK
BOARD OF COUNTY CQMMISSIONERS OF
COLLIER C,OUNTY" F:RID~
By: 1LJL.
FRED W. COYLE, CHAIRMA
~:
The Empowerment Alliance of Southwest
Florida CDC (EASF /
/.//'::
---.--
L1- ~
~
Dorothy. Cool::.
Type/print witness name
By:
Subrecipi nt Signature
Edward R. Olesky. Chairman
Type/print Subrecipient name and title
Second Witness
~~/
Lou.e.-~ K(J..~l~
Type/print witness name
Approved as to form and legal sufficiency:
~fr1~
Colleen M. Greene
Assistant County Attorney
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 1601'28
160 6
EXHIBIT "A"
SCOPE QF SERVICES
The Empowerment Alliance Corporation of SW Florida (EASF)/B-09-UY-12-0016
CDBG-R Credit Repair/Homebuyer Education and Counseling
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
The Empowerment Alliance Corporation of SW Florida (EASF) proposes to use
Community Development Block Grant-Recovery Act (CDBG-R) funds for credit and
budget education, and one-on-one credit to low and moderate income families. EASF is
certified by the Neighbor Works Center of Homeownership Education and Counseling
(NCHEC). EASF is also a HUD certified counseling agency and operates in an area
designated by HUD.
Collier County Department of Housing and Human Services is using CDBG-R funds in
the amount of THIRTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($34,500)
for this CDBG-R project.
The SUBRECIPIENT agrees to complete the following, in addition to other CDBG-R
requirements:
a. Provide proof of being a HUD Certified Counseling Agency.
b. Class evaluation summaries must be submitted to HHS with a monthly
monitoring report.
c. Conduct twelve (12) classes covering credit and budget education.
d. Conduct ten (10) Homebuyer Education classcs (Part 2) covering closing on a
home, maintaining the home, and maintaining a budget and finances.
e. Thirty (30) households to receive pre-purchase and/or extended credit counseling
sessions.
f. Reach approximately 230 attendee's per year.
B. BUDGET: Credit RepairlHomebuyer Education and Counseling
Line Item:
CDBG-R Funds
Homebuyer Ed//Credit Repair Classes
($1,500 per Class/22 Classes) $33,000.00
Individual Counseling Sessions
($50 per session/30)
TOTAL CDBG-R FUNDS
$ 1,500.00
$34, 500.00
Clarifications to the quantity and types of work to be conducted under Exhibit B will be made
upon receipt of bids by the SUBCONTRACTOR and review by HHS. All clarifications to the
budget line items will be processed by a Change by Letter, Exhibit A-1, and made an integral
component of this Agreement.
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 1701'28
160 6
C. PRQJECT MILESTONE SCHEDULE:
The time frame for completion ofthe outlined activities shall be:
MILESTONE/TASK START DATE END DATE
Determine dates of education March, 2010 A ril,2011
Provide Credit and Budget Education March,2010 April, 2011
Worksho s-12 worksho s.
Provide Homebuyer Education (Part 2) for March, 20 I 0 April, 2011
a total of 10 worksho s.
Provide pre-purchase and/or extended credit March, 2010 April,2011
counsel in to 30 households.
March,2010 A ril,2011
NOTE: Performance milestones are in effect for program monitoring requirements
only, and as such, are used by HUD and other grantor agencies as general target goals
rather than strict performance requirements.
This agreement shall allow reimbursement of expenses for all eligible costs associated
with the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid.
Please note that if any of these activities exceed the timelines by two months a revised
work schedule must be submitted to HHS.
D. QUTCQME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICATORS
SUITABLE Affordability through credit Credit Credit & Budget Education
LIVING repair/homebuyer education and/or Repair/Homebuyer and Homebuyer Education
ENVIRONMENT extended counseling program for Education and Workshops for a totals of
low-moderate income citizens Counseling 22 classes
30 Households to receive
pre-purchase and/or
extended credit counseling
Reach approximately 230
attendees ner vear
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Pagc 1801'28
160 6
EXHIBIT "A-I"
CHANGE BY LETTER
~
COLLIER COUNTY GOVERNMENT
Collier County Housing & Humau Services
Public Services Division
Date
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
Contact Name
Name of Finn
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Pnrchase Order #
Dear Contact Name:
By copy of this tetter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion
date shall be on or before month and date. Year.
By extending this contract, the County is not relieving your tlrm of its obligations to perfonn work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal
rights, including, but not limited to. rights to terminate, suspend or elect any other appropriate course(s) of action
should circumstances warrant with regard to the referenced contract.
r
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance ilem and identify specific items and quantities)
r Other: Scope Clarifications as indentitled in Schedule B-1, "Clarifications in Scope", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Pagc 1901'28
160 6
EXHIBIT "8"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services
Department, 3301 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance cvidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Slalules.
2. Public Liability Insurance on a comprehensive basis in an amount no less than
$300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned. non-owned and hired
vehicles used in connection with this contract in an amount not less than $300,000 per
occurrence for combined Bodily Injury and Propcrty Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I .- 3 above. a Certificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the
licensed design professional employed by the SUBRECIPIENT in an amount not less than
$300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I - 4 above, the SUB RECIPIENT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood
hazard zone, in an amount not less than the lull replace values of the completed structure(s) or
the maximum amount of coverage available through the National Flood Insurance Program
(NFIP), whichever is greater. The policy will show Collier County as a Loss Payee AT.I.M.A
This policy will be provided as such time that he buildings' walls and roof exist.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 20 of 28
16D 6
After the Construction Phase is completed and occupancy begins, the following insurance
must be kept in force throughout the duration of the loan and/or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence
for combined Bodily Injury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than
one hundred (100%) of the replacement cost of the property. Collicr County must be shown as a
Loss payee with respect to this coverage AT.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show Collier
County as a Loss Payee AT.I.M.A
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 21 01'28
160 6
EXHIBIT "C"
ADDITIONAL CDBG-R GRANT REQUIREMENTS
Strict Compliance with all aspects of the American Recovery and Reinvestment Act
CARRA") is required which includes but is not limited to governance, transparency, data
collection and resources. Please see wwwJ:eeovcrv.orJ.( for additional information.
(1) Title I ofthe Housing Community Development Act of 1974 (42 USC 530 I et.
seq.). Section 109 provides that no person in the United States shall, on the ground of race,
color, national origin, religion, or sex, be cxcluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity funded in whole or in part
with Federal financial assistance.
(2) The Buy American rule as outlined in section 1605 of the ARRA. All equipment
and products purchased with grant funds should be American made under the provisions entitled
"Required Use of American Iron, Steel and Manufactured Goods."
(3) The Davis-Bacon Act as outlined in Section 1606 of the ARRA.
(4) The National Environmental Policy Act of 1969 (42 USC 4321 et. seq.).
(5) Requirements for Implementing Sections 1512, 1605, and 1606 of the ARRA for
Financial Assistance Awards.
(6) All subrecipients and contractors are required to obtain a DUNS number and
register with the Central Contractor Registration.
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 22 of 28
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
D-l
0-la
0-2
160 6
EXHIBIT "0"
REQUIRED SUBMITTALS
Request for Payment
Release and Affidavit Form
COBG-R Monthly Progress Report
Pagc 2301'28
16D 6
SCHEDULE "D-l"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Empowerment Alliance Corporation of SW Florida (EASF)
Subrecipient Address: 750 South Fifth Street. Immokalee. FL 34142
Project Name: EASF CDBG-R Credit Counseling and Foreclosure Prevention
Project No: B-09-UY-12-0016
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
34,500.00
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)
$
[ certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also
certify that the amount of the Request for Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
(approval authority under $14,999)
Dept Director
(approval required $15,000 and above)
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 24 of 28
160 6
SCHEDULE "D-la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors
and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for
which COUNTY might be sued or for which a lien or a demand against any payment bond might
be filed, have been satisfied and paid.
This Release and Affidavit IS given In connection with the SUBRECIPIENT's
(monthly/final) Request for Payment.
SUBRECIPIENT
Witness:
BY:
BY:
ITS:
President
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing
instrument
2010,
was
acknowledged
before
me
this
day
of
~ u
of A Choose Not-For-Profit,
or Municipality on behalf of Choose Not-For-Profit, Corporation or
He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
or Corporation
Municipality
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credit Repair
Page 25 01'28
160 6
SCHEDULE "D-2"
CDBG-R MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's staff by the
1 (jh of the following month.
Status Report for Month of
Submittal Date:
Project Name: EASF CDBG-R Credit Counseling and Foreclosure Prevention Program
Project Number CDBG-R 05
Activity Number 359
Subrecipient:
Empowerment Alliance Corporation of SW FL (EASF)
Contact Person
Dottie Cook. Executive Director
Telephone:
(239) 658-3315
Fax:
239-657-3084
E-mail:
easf@earthlink.net
l. Activity Status/Milestones (describe any action taken, relating to this project,
during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this
project. Please list and attach any recent media coverage of your organization relating to
this project.
4. List any additional data relevant to the outcome measures listed on the
application for this project.
5. Identify any potential issues that may cause delay.
New contracts executed this month if a licabIe:
Name of Contractor or
Subcontractor, Address & Phone
Amount of
Contract
Contractor
Federal ID
Race
(see definitions
Ethnicity
(see definitions
2009-2010 CDBG-R
AGREEMENT EASF
Homcbuyer Ed/Credit Repair
Page 26 of 28
16D 6
Number Number on following on following
page) page)
For projects that serve a particular clientele, please complete the following
information by entering the appropriate number in the blank spaces and in the chart below.
Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients
served in previous months. You may provide data by either households or persons served.
However, if one person received TWO services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits
"households" or "persons").
INCOME
households or persons. Please circle one category (either
Enler Ihe number of beneficiaries in Ihe blank space and in Box 1. "
Of the households or persons assisted, are extremely low-income income (0-30%)
of the current Median Family Income (MFI). Enler Ihis number in Box "2. "
Of the households or persons assisted, are very low-income (31-50%) of the current
Median Family Income (MFI). Enler this number in Box "3. "
Of these households or persons assisted, are low-income (51-80%) ofthe current
Median Family Income (MFI). Enter Ihis number in Box "4. "
NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1.
FEMALE HEAD QF HQUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter
Ihis number in box "5" below.
BOX I BOX 2 BOX 3 BOX 4 BOX 5
Total Number of Extremely Very Low Income Female Head of
Households or Low Income Low Income (51-80%) Household
Persons Assisted (0-30%) (31-50%)
2009-2010 CDBG-R
AGREEMENT EASF Page 27 01'28
Homebuyer Ed/Credit Repair
160 6
SubreciDient's must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or
North Africa.
Black or African-American: A person having origins in any of the black racial groups of
Africa.
Asian: A person having origins in any of the original peoples of the Far East, Southeast
Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan,
Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the original peoples of
North and South America (including Central America), and who maintains tribal affiliation
or community attachment.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original
people of Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American,
or other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race # Total # HisDanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian! Alaska Native and White
Asian and White
Black! African American and White
American Indian! Alaskan Native and Black/ African American
Other Multi-Racial
TOTAL:
08-PRC-01009/
2009-2010 CDBG-R
AGREEMENT EASF
Homebuyer Ed/Credil Repair
Page 28 of 28
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 D6
TQ ACCQMPANY ALL QRIGINAL DQCUMENTS SENT TQ
THE BQARD QF CQUNTY CQMMISSIQNERS QFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. ()riginal d,)cunwnts should be h:lIld delivered to the Hoard Of1icc. 'nIl: completed muting slip and original
documents arc to be forwarded to the Board Office llniy .3.!!H the Board has taken action on the Item j
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's silUlsture, draw a line throuah routioQ: lines # I throueh #4. cODlolete the checklist.. and forward to Ian Mitchell.
Route to Addressee(s) Qffice Initials Date
(List in routing order)
I.Colleen Greene County Attorney em E;- 3.11./0
5.Ian Mitchell, Supervisor BCC Office Board of County Commissioners ~ ,{II I/o
3. Minutes and Records- Clerk of Court's Office
4.
5.
6.
PRIMARY CONTACT INFQRMATIQN
(The primary contact is the holder of the original document pending Bee 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 document<; needing the Bee Chairman's signature are to he delivered to the Bee office only after the BCC has acted to approve the
item.)
Name of Primary Staff Wendy Klopf, Operations Coordinator Phone Number 252-2901
Contact
Agenda Date Item was March 9, 2010 Agenda Item Number t6D6
Approved by the BCC
Type of Document CDBG-R- Sub-Recipient Agreement Number of Original 2
Attached Documents Attached
INSTRUCTIQNS & CHECKLIST
Initial the Yes column or mark "N! A" in the Not Applicable column, whichever is
a ro riate.
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, 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 ossibl State Officiats.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's WK
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the WK
document or the fmal ne otiated contract date whichever is a Iicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's WK
si ture and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip NA
should be provided to Sue Filson in the BCC office within 24 hours of BeC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on enter date) and all WK
changes made during the meeting have been incorporated 'n the attached document.
The Coon Attorne's Office has reviewed the chan es, if Iicahle.
3/'1/10
I: Fonns! County Forms! BCe Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
160 6
MEMORANDUM
Date:
March 12,2010
To:
Wendy Klopf, Operations Coordinator
Housing & Human Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agreement between Collier County and Greater
Immokalee Southside Front Porch Community, Inc.
(Immokalee Apartments Air Conditioning Project)
(HUD Grant #B-09-UY-12-0016)
Attached are the two original challenge grant agreements, referenced
above, (Item #16D6) approved by Board of County Commissioners
March 9, 2010.
The Minutes & Record's Department will hold a copy of the agreement
for the Board's Official Record.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachments (l)
16D 6
AGREEMENT BETWEEN CQLLlER CQUNTY
AND
GREATER IMMOKALEE SOUTHSIDE FRONT PORCH COMMUNITY, INC.
IMMOKALEE APARTMENTS AIR CONDITIONING PROJECT
Catalog of Federal Domestic Assistance # 14.253
HUD Grant # B-09-UY-12-0016
THIS AGREEMENT is made and entered into by and between Collier County, a
political subdivision of the State of Florida, ("COUNTY"), and "Greater Immokalee Southside
Front Porch Community, Inc.," a private not for profit corporation existing under the laws of
the State of Florida, having its principal office at 419 North 1 st Street, ImmokaIee, FL 34142,
P.O. Box 851 ImmokaIee, FL 34143, and its Federal Tax Identification number as 20-4654356
("SUBRECIPIENT").
WHEREAS, the COUNTY has entercd into an agreement with the United States
Department of Housing and Urban Development (HUD) pursuant to the authority of Title XII of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)(the Recovery Act).
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain
activities to primarily benefit low and moderate income persons and neighborhoods and to use
Community Development Block Grant-Recovery (CDBG-R) funds for: activities intended to
create suitable living environments, provide decent aftordable housing and create economic
opportunities; and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year 2009-2010 for
the CDBG-R Program for April 28, 2009-Agenda Item 16D3; and
WHEREAS, Resolution 08-121 was developed following the Collier County
Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 with Resolution
01-02; and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan
for Federal Fiscal Year 2009-2010 for the CDBG-R Program and the use of the CDBG-R funds
for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities
specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG-R Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
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I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representati ve( s).
(B) "ARRA" means the American Recovery and Reinvestment Act (Public Law 111-
5).
(C) "CDBG-R" means the Community Development Block Grant-Recovery Program
and pursuant to the authority of the ARRA.
(D) "HHS" means Collier County Department of Housing and Human Services.
(E) "HHS's Approval" means the written approval of the Department of Housing and
Human Services or designee.
(F) "SUBRECIPIENT" means Greater ImmokaIee Southside Front Poreh
Community. Ine..
(G) "HUD" means the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(H) "Low and moderate income persons" means the definition set by HUD.
(I) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME QF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be August
19, 2009. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHS prior written approval. The services of the
SUB RECIPIENT shall be undertaken and completed in light of the purposes of this Agreement.
In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to
September 30, 2012. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the HUD.
IV. CQNSIDERATIQN AND LIMITATIQN QF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for
allowable costs, determined by COUNTY, in an amount not to exceed Four Hundred Forty
Eight Thousand and Qne Hundred Seventy Dollars ($448,170) for the services described in
Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUB RECIPIENT
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 HHS, which shall have access to all records
and documents related to the project.
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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 HHS pursuant to
the submittal of monthly progress reports. Payments shall be made to the SUB RECIPIENT
when requested as work progresses but not more frequently than once per month. Payment will
be made upon receipt of a proper invoice and in compliance with ~ 218.70, Fla. Sial., otherwise
known as the "Local Government Prompt Payment Act." No payment will be made until
approved by HHS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered
to HHS at its office, presently located at 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples,
Florida 34112, and to the SUB RECIPIENT when delivered to its office at the address listed on
page one (1) of this Agreement.
VI. GENERAL CQNDITIONS
A. IMPLEMENTATION OF PROJECT
The SUB RECIPIENT shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement,
the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or its designee
within forty-five (45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction.
C. LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS
The SUB RECIPIENT agrees to comply with any applicable laws, ordinances, regulations
and orders of the State, local and Federal governments, including, but not limited to:
1. The American Recovery and Reinvestment Act (Public Law 111-5). Special
conditions apply. See Exhibit C (attached and incorporated herein) and for additional
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information see www.recoverv.gov.
2. 24 CFR 570, as amended - The regulations governing the expenditure of
Community Development Block Grant-Recovery (CDBG-R) funds.
3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
4. Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, el. seq.
5. 24 CFR 107 - 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.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC ~ 2000e, et. seq.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 ofthe Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1975.
10. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5).
12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by
CDBG-R. (See 42 USC 276a and 24 CFR 135.ll(c)).
14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
15. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant-Recovery Contracts.
16. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
17.0MB Circular A-133 - concerning armual audits.
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18.0MB Circular A-122 - which identifies cost principles.
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
20. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq.
and regulations relating thereto. Failure by the 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. Chapter 112, Florida Statutes.
23. Prohibition Of Gifts To County Employees - No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
24. Order of Precedence - In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Agreement shall take precedence over the
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 rcsolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
25. Venue - Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. Dispute Resolution - Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUB RECIPIENT 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 SUBREClPIENT
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. Slat.
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D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by
written contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Scope of Services set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet
the minimum standards as established by the Collier County Purchasing Department, Florida
Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to consultant
work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY
without prior written approval of the HHS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written
agreement executed by the governing boards of both parties, except that County representative(s)
may approve adjustments between line item amounts, scope clarifications, or an extension of
time and schedule that do not change the project, or exceed the amount funded by the County, as
stated herein. Any modifications to this contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications are
authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not pertain to any
incident arising from the sole negligcnce of Collier County. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Stalules.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly
identified as to funding source. The SUB RECIPIENT will include a reference to the financial
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support herein provided by HHS & ARRA in all publications and publicity. In addition, the
SUBRECIPIENT will make a good faith effort to recognize HHS & ARRA support for all
activities made possible with funds made available under this Agreement. The SUBRECIPIENT
will mount a temporary construction sign for projects funded by HHS & ARRA. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. The construction sign shall comply with
applicable County Codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs,
reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this
Agreement shall bc returned to HHS or the COUNTY. In the event of termination, the
SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY
may withhold any payment to the SUBRECIPIENT for set-ofT purposes until such time as the
exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper marmer its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, cither party shall thereupon have the right to
terminate this Agreement in whole or part by giving written notice of such termination to the
other party and specifying therein the effective date of termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated efTective on the date that HUD specifies.
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts described herein and further set
forth in Exhibit "B" to this Agreement.
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J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of
this contract. The contract is contingent upon receipt of the insurance documents within fifteen
(15) calendar days after the Board of County Commissioners' approval. If the Insurance
certificate is received within the specified period, but not in the manner prescribed in these
requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an
additional five (5) calendar days to submit a corrected Certificate to the County.
If the SUB RECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of
the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation,
leave, unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A-II0 (Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records required by CDBG-R and
ARRA.
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement shall be
surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and
records for three (3) years after expiration of this Agreement.
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3. The SUBRECIPIENT shall submit reports as required to assist the
COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity
Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. The SUBRECIPIENT shall submit detailed monthly progress reports to
HHS outlining the status of specific activities under the project. Each report must account for
the total activity for which the SUBRECIPIENT is paid with CDBG-R funds, in part or in whole,
and which is required in fulfillment of their obligations regarding the Project. The progress
reports shall be submitted on the form Exhibit "D," Schedule "0-2."
5. The SUBRECIPIENT shall maintain records showing compliance with the
Davis-Bacon Law, including tiles 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 SUB RECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
6. If indirect costs are charged, the SUB RECIPIENT will develop an indirect
cost allocation plan for determining the appropriate SUBREClPIENT' s share of administrative
costs and shall submit such plan to the COUNTY for approval, in a form specified by the
COUNTY.
7. Failure to adequately maintain any former CDBG-R fUnded project may
result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture
offuture CDBG-R funds.
8. The SUBRECIPIENT will be responsible for the creation and
maintenance of income eligible files on clients served and documentation that all households are
eligible under HUD Income Guidelines.
9. The SUBREClPIENT further agrees that HHS shall be the final arbiter on
the SUBRECIPIENT's compliance with the above.
C. REPORTS. AUDITS. AND EVALUATIONS
1. Quarterly ARRA reporting is required of SUBRECIPIENT and
SUBRECIPIENT's vendors, including data elements described in Section 1512 of the ARRA
and further outlined at www.federalreporting.gov. HHS will establish time lines for the
submitting of quarterly reports.
2. Monthly progress reports will be submitted using the form attached as
Exhibit B and will be accompanied by a Request for Reimbursement if applicable.
3. Reimbursement will be contingent on the timely receipt of complete and
accurate reports required by this Agreement, and on the resolution of monitoring or audit
findings identified pursuant to this Agreement.
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4. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring
and evaluation activities as determined necessary. The continuation of this Agreement is
dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS,
submit information and status reports required by HHS or HUD to enable HHS to evaluate said
progress and to allow for completion of reports rcquired. The SUBRECIPIENT shall allow HHS
or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled as determined by HHS or IlUD.
D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrces to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available for specified activities.
E. PRIOR WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expcnditures 01'$1,000 or more;
(3) All out-of-town travel (travel shall be reimbursed in accordance with
Chapter 112, Fla. Stat. unless otherwise rcquired by CDBG-R);
(4) All change orders;
(5) All requests to utilize uncommitted fUnds after the expiration of this
agreement for programs described in Exhibit "A"; and
(6) All rates of pay and pay increases paid out ofCDBG-R funds, whether for
merit or cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the procedures prescribed by the
Federal Management Circulars A-II 0, A-122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
I. Non-profit organizations that expend $500,000 or more armually in federal
awards shall have a single or program-specific audit conducted for that year in accordance with
OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under
only one federal program may elect to have a program-specific audit performed in accordance
withOMBA-133.
2. Non-profit organizations that expend less than $500,000 armually in
federal awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review (e.g., inspections, evaluations). These
agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit,
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performance audits). They may choose, instead of a Reduced Scope Audit, to have a program
audit conducted for each federal award in accordance with federal laws and regulations
governing the program in which they participate.
3. When the requirements of OMB A-133 apply, or when the
SUBRECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by the
SUB RECIPIENT. A copy of the audit report must be received by HHS no later than six months
following the end of the SUBRECIPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements
of OMB A-B3 do not apply or are not elected, the SUBRECIPIENT may choose to have an
audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the
period during which HHS-federal assistance has been received. In either case, each audit shall
cover a time period of not more than twelve months and an audit shall be submitted covering
each assisted period until all the assistance received from this contract has been reported. Each
audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover
only those services undertaken pursuant to the terms of this contract. A copy of the audit report
must be received by HHS no later than six months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance
with generally accepted accounting principles, procedures, and practices which shall sufficiently
and properly reflect all revenues and expenditures of funds provided directly or indirectly by the
County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all HHS approved subcontracts
each of the recordkeeping and audit requirements detailed in this contract.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part
by funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUB RECIPIENT shall report its plan to utilize such income to HHS, and said plan shall require
the prior written approval of HHS or its designee. Accounting and disbursement of such income
shall comply with OMB Circular A-IIO (Uniform Administrative Requirement for Federal
Grants) and other applicable regulations incorporated herein by reference.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY.
Program Income shall be utilized to undertake activities specified in Exhibit "A" of this
Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program
Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the
COUNTY unless the SUBRECIPIENT requests and is authorized by HHS to utilize
uncommitted funds.
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1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but not be
limited to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances, and receivable
accounts to the COUNTY), and determining the custodianship of records.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUB RECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of ] 968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSINESS ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the
SUB RECIPIENT shall make a positive effort to utilizc small business and minority/women-
owned business enterprises of supplies and services, and provide these sources the maximum
feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To
the maximum extent feasible, these small business and minority/women-owned business
enterprises shall be located in or owned by residents of the CDBG-R areas designated by Collier
County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this
Agreement must be low- and moderate- income persons. If the project is located in an
entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent
(30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated
Collier County or in municipalities participating in the County's Urban County Qualification
Program. The project shall assist beneficiaries as defined abovc for the time period designated in
Exhibit '"A" of this Agreement.
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D. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement and that no person having any conflict of interest shall
be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on
the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided,
however, that this paragraph shall be interpreted in such a manner so as not to umeasonably
impede the statutory requirement that maximum opportunity be provided for employment of and
participation oflow and moderate-income residents of the project target area.
E. PUBLIC ENTITY CRIMES
As provided in ~ 287.133, Fla. Sial. by entering into this Agreement or performing any
work in furtherance hereof: the SUBRECIPIENT certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof. This notice is required by ~
287.133 (3) (a), Fla Sial.
F. DRUG-FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug-free workplaces m
accordance with the Drug-Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an otlicer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
2009-2010 CDBG-R09-01
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3. The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS
shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,
shall be subject to the provisions ofCDBG-R including, but not limited to, the provisions on use
and disposition of property. Any real property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with CDBG-R funds in excess of $25,000, must adhere to
the CDBG-R Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CQNDITIONS
A. AIR AND WATER
The SUBRECIPlENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, et seq.
2. Fedcral Water Pollution Control Act, 33 USC 1251, el seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance.
C. LEAD-BASED PAINT
The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint
Poisoning Prevention Act found at 24 CFR 570.608.
D. HISTORIC PRESERVATION
The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the
procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for
Protection of Historical Properties.
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X. CONDITIONS FQR RELIGIQUS ORGANIZATIONS
CDBG-R funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.200(j) specifies the limitations on CDBG-R funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY
any CDBG-R funds on hand at the time of expiration, any accounts receivable attributable to the
use of CDBG-R funds, and any non-expendable personal property that was purchased with
CDBG-R funds. Any real property under SUBRECIPIENT control will be covered by the
regulations 24 CFR 570.503(B) (8).
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid,
such a determination shall not affect the validity or enforceability of any other section or part
thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be
an original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the
parties and constitutes the entire understanding. The parties hereby acknowledge that there have
been and are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein.
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IN WITNESS WHEREQF, thc Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this March 09, 2010
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER C~Ty,.FLORIDA
~W.~
By: '
FRED W. COYLE, CHAIRMA
Dat~d:
"kat .It'"
.,,,,,t......
First Witncss
Greater Immokalee Southside Front Porch
Community, Inc.
u/~~
Vl ~y(A- k-y--
Type/print witness name
By: ~,C; ~
Subre pient Signaturc
~~~L~ ~~~ ft,~h~
Typc/print , ubreclplCnt namc and tItle
Second Witness
).~_-,,--,\Z r~
~
j ('_C..\C.-e'.,....e 1<'. (--".,.L.........<-{,n
Type/print witncss name
Approved as to form and legal sufficiency:
~In~
Colleen M. Greene
Assistant County Attorney
2009-2010 CDBG-R
AGREEMENT Front Porch
AC Installation
Page 16 of 28
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EXHIBIT "A"
SCOPE QF SERVICES
GREATER IMMOKALEE SOUTHSIDE FRONT PQRCH COMMUNITY, INC.
IMMQKALEE APARTMENTS AIR CONDITIQNING INSTALLATION PRQJECT
B-09-UY-12-0016
THE SUBRECIPIENT AGREES TQ:
A. PRQJECT SCQPE:
Front Porch proposes to use Community Development Block Grant-Recovery Act
(CDBG-R) funds for interior improvements at the Immokalee Apartments in Immokalee,
FL. $448,170 in federal funds will be used to install a central air split system,
compressor unit (to be installed outside), air handler unit (installation in closet), 220 amp
electrical lines, and carpentry and drywall and onsite inspections. This funding will
benefit approximately 100 households in the Immokalee Apartments.
Collier County Department of Housing and Human Services is using CDBG-R funds in
the amount of FOUR HUNDRED FORTY EIGHT THQUSAND, ONE HUNDRED
SEVENTY DOLLARS ($448,170.00) for this CDBG-R project.
The Subrecipient will be responsible for submitting the following to HHS:
a. If applicable any ARRA reports required.
b. If applicable, Implementation of "Buy American" initiative.
B. BUDGET - Immokalee Apartments A/C Installation
Line Item: HOME Funds
Installation of Central Air Split System!
On-site inspections
Install 220 Amp Electrical lines
Carpentry (framing & drywall)
$333, 170.00
$ 40,000.00
$ 75,000.00
Total
$448,170.00
Clarifications to the quantity and types of work to be conducted under Exhibit B will be made
upon receipt of bids by the SUBCONTRACTOR and review by HHS. All clarifications to the
budget line items will be processed by a Change by Letter, Exhibit A-l, and made an integral
component of this Agreement.
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C. PROJECT MILESTQNE SCHEDULE
The time frame for completion of the outlined activities shall be:
MILESTONE/TASK START DATE END DATE
Bid Solicitation March, 2010 May, 2010
Bid Award June,2010 July, 2010
Permitting August, 2010 October, 2010
Work Commencement November, 2010 March,2011
Work Completion May,201l June 15,2011
NOTE: Performance milestones are in effect for program moniloring requirements
only, and as such, are used by HUD and other grantor agencies as general target goals
rather than strict performance requirements.
This agreement shall allow reimbursement of expenses for all eligible costs associated
with the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid.
Please note that if any of these activities exceed the timelines by two months a revised
work schedule must be submitted to HHS.
D. QUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICATORS
SUITABLE Affordability through Interior Number of units
LIVING improvements of! 00 units with Improvements of improved one hundred
ENVIRONMENT installation of central air 100 units through (100) through installation
conditioning including 220 installation of central of air conditioner units
amp electrical lines, and air conditioning including installation of
carpentry (framing & drywall) including 220 amp 220 amp electrical lines
and onsite inspections electrical lines, and and carpentry and onsite
carpentry (framing & inspections
drywall) and onsite
insnections
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EXHIBIT "A-I"
CHANGE BY LETTER
~
COLLIER COUNTY GOVERNMENT
Collier County Housing & Human Services
Public Services Division
Date
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
Contact Name
Name of Finn
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion
date shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perfonn work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal
rights, including, but not limited to, rights to lenninate, suspend or elect any other appropriate coursers) of action
should circumstances warrant with regard to the referenced contract.
r
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentilied in Schedule B-1, "Clarifications in Scope". (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby. Clerk's Grants Department
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EXHIBIT "8"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services
Department, 3301 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Slalules.
2. Public Liability Insurance on a comprehensive basis in an amount no less than
$300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with this contract in an amount not less than $300,000 per
occurrence for combined Bodily Injury and Propcrty Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I - 3 above, a Certificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the
licensed design professional employed by the SUBRECIPIENT in an amount not less than
$300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (iF APPLICABLE)
In addition to the insurance requircd in I - 4 above, the SUBRECIPIENT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood
hazard zone, in an amount not less than the full replace values of the completed structure(s) or
the maximum amount of coverage available through the National Flood Insurance Program
(NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A.
This policy will be provided as such time that he buildings' walls and roof exist.
OPERA TION/MANAGEMENT PHASE (IF APPLICABLE)
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After the Construction Phase is completed and occupancy begins, the following insurance
must be kept in force throughout the duration of the loan and/or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence
for combined Bodily Injury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than
one hundred (100%) of the replacement cost of the property. Collier County must be shown as a
Loss payee with respect to this coveragc AT.I.M.A
9. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show Collier
County as a Loss Payee A.T.I.M.A
2009-20 10 CDBG-R09-01
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EXHIBIT "C"
ADDITIONAL CDBG-R GRANT REQUIREMENTS
Strict Compliance with all aspects of the American Recovery and Reinvestment Act
CARRA") is required which includes but is not limited to governance, transparency, data
collection and resources. Please see wW\V.rccov~rv.or~ for additional information.
(1) Title I of the Housing Community Development Act of 1974 (42 USC 5301 et.
seq.). Section 109 provides that no person in the United States shall, on the ground ofrace,
color, national origin, religion, or sex, be cxcluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity funded in whole or in part
with Federal financial assistance.
(2) The Buy American rule as outlined in section 1605 of the ARRA. All equipment
and products purchased with grant funds should be American made under the provisions entitled
"Required Use of American Iron, Steel and Manufactured Goods."
(3) The Davis-Bacon Act as outlined in Section 1606 ofthe ARRA.
(4) The National Environmental Policy Act of 1969 (42 USC 4321 et. seq.).
(5) Requirements for Implementing Sections] 512, 1605, and 1606 of the ARRA for
Financial Assistance Awards.
(6) All subrecipients and contractors are required to obtain a DUNS number and
register with the Central Contractor Registration.
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D-l
O-la
D-2
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EXHIBIT "0"
REQUIRED SUBMITTALS
Request for Payment
Release and Affidavit Form
COBG-R Monthly Progress Report
Page 23 of 28
160 6
SCHEDULE "D-l"
COLLIER CQUNTY HQUSING AND HUMAN SERVICES
REQUEST FQR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: The Greater Immokalee Southside Front Porch Community. Inc.
Subrecipient Address: 419 N. 1 st Street. Immokalee. FL 34143
Project Name: Immokalee Apartments Air Conditioning Proiect
Project No: CDBGR-09-01
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
448,170.00
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
5. Amount of Today's Request
$
6. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
$
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also
certify that the amount of the Request for Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
(approval authority under $14,999)
Dept Director
(approval required $15,000 and above)
2009-2010 CDBG-R09-01
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SCHEDULE "D-la"
RELEASE AND AFFIDAVIT FQRM
The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors
and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for
which COUNTY might be sued or for which a lien or a demand against any payment bond might
be filed, have been satisfied and paid.
This Release and Aflidavit IS given m connection with the SUBRECIPIENT's
(monthly/final) Request for Payment.
SUBRECIPIENT
Witness:
BY:
BY:
ITS:
President
DATE:
Print name and title
STATE OF
COUNTY OF
instrument was acknowledged before me this day of
201~ by u
of A Choose Not-For-Profit,
or Municipality on behalf of Choose Not-For-Profit, Corporation or
lIe/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
The foregoing
or Corporation
Municipality
My Commission Expires:
(S i gnature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
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16D 6
SCHEDULE "D-2"
CDBG-R MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Service's staff by the
lo'h of the following month.
Status Report for Month of
Submittal Date:
Project Name
Immokalee Apartments Air Conditioning Project
Project Number CDBG-R 09-01
Activity Number 357
Subrecipient:
Greater Immokalee Southside Front Porch Communitv. Inc.
Contact Person
Victoria Carr
Telephone:
230-658-1300/658-3055
Fax:
E-mail:
frontporch imm@vahoo.com
1. Activity Status/Milestones (describe any action taken, relating to this project,
during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this
project. Please list and attach any recent media coverage of your organization relating to
this project.
4. List any additional data relevant to the outcome measures listed on the
application for this project.
5. Identify any potential issues that may cause delay.
New contracts executed this month (if applicable):
2009-2010 CDBG-R09-01
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Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions
Number Number on following on following
page) page)
For projects that serve a particular clientele, please complete the following
information by entering the appropriate number in the blank spaces and in the chart below.
Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients
served in previous months. You may provide data by either households or persons served.
However, if one person received TWO services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits
"households" or "persons").
INCOME
households or persons. Please circle one category (either
Enler Ihe number of'beneficiaries in Ihe blank 'pace and in Box 1. "
Of the households or persons assisted, are extremely low-income income (0-30%)
of the current Median Family Income (MFI). Enler Ihis number in Box "2. "
Of the households or persons assisted, are very low-income (31-50%) of the current
Median Family Income (MFI). Enter Ihis number in Box "3. "
Of these households or persons assisted, are low-income (51-80%) of the current
Median Family Income (MFI). Enter Ihis number in Box "4. "
NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1.
FEMALE HEAD QF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter
this number in box "5" below.
BQX I BOX2 BOX 3 BOX 4 BOX 5
Total Number of Extremely Very Low Income Female Head of
Households or Low Income Low Income (51-80%) Household
Persons Assisted (0-30%) (31-50%)
, I
I
:
2009.2010 CDBG-R09-01
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Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or
North Africa.
Black or African-American: A person having origins in any of the black racial groups of
Africa.
Asian: A person having origins in any of the original peoples of the Far East, Southeast
Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan,
Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the original peoples of
North and South America (including Central America), and who maintains tribal affiliation
or community attachment.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original
people of Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American,
or other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/ Alaska Native and White
Asian and White
Black/ African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 0 6
TO ACCQMPANY ALL QRIGINAL DQCUMENTS SENT TQ
THE OQARD QF CQUNTY COMMISSIQNERS QFFICE FQR SIGNATURE
Print on pink paper. Altach to onginal document. (hig.inal dOCUll1enL~ should be hand delivered 10 the Board Office "rhe completed ((luting slip and original
documents are to be fixwarded to the Ihlard Oflicc on Iv .!tf1~T the Hoard has taken action Oil the item \
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. Irthe document is already complete with the
excention ()f the Chainnan's si2llature, draw a line throu~h roulin!! lines # I throu.rdl #4. complete the checklist. and forward to Ian Mitchell.
Route to Addressee(s) Qfficc Initials Date
(List in routinp: order)
I.Colleen Greene County Attorney C ty) 6- 3.11.10
5.ran Mitchell, Supervisor BCC Office Board of County Commissioners ~ '?/ ft 1'0
3. Minutes and Records- Clerk of Court's Office
4.
5.
6.
PRIMARY CQNT ACT INFORMA TIQN
(The primary contact is the holder of the original document pending Bee 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 10 contact statTfor additional or missing
infonnation. All original documents needing the BCC Chairman's signature arc to be delivered to the BCC office only after the BCC has acted to approve the
item)
Name of Primary Staff Wendy Ktopf, Operations Coordinator Phone Number 252-2901
Contact
Agenda Date Item was March 9, 2010 Agenda Item Number t6D6
Aooroved bv the BCC
Type of Document CDBG-R- Sub-Recipient Agreement Number of Original 2
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark '"N/A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for tegal sufficiency. (All documents to be
signed by the 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 Bnard and ssibl Slate Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
'"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in 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 our deadlines!
Tbe doeument was approved by tbe Bee on, ter date) and all
cbanges made during the meeling have been incorporated in lhe attached document.
The Count Attorne 's Office has reviewed lhe chan es, i a licable.
Yes
(Initial)
WK
N/A(Not
A licable)
2.
3.
4.
5.
6.
_? /1/)0
WK
WK
WK
NA
WK
I: Forms/ County Forms/ Bee Forms! OriginaJ Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16 D16
MEMORANDUM
Date:
March 12,2010
To:
Wendy Klopf, Operations Coordinator
Housing & Human Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agreement between Collier County and City of Marco
Island (Marco Highlands-Landscaping) (HUD Grant
#B-09- UY -12-0016)
Attached are the two original challenge grant agreements, referenced
above, (Item #16D6) approved by Board of County Commissioners
March 9, 2010.
The Minutes & Record's Department will hold a copy of the agreement
for the Board's Official Record.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachments (l)
160 6
AGREEMENT BETWEEN CQLLIER CQUNTY
AND
CITY OF MARCO ISLAND
MARCO HIGHLANDS-LANDSCAPING
Catalog of Federal Domestic Assistance # 14.253
HUD Grant # B-09-UY -12-0016
THIS AGREEMENT is made and entered into by and between Collier County, a
political subdivision of the State of Florida, ("COUNTY"), and the "City of Marco Island," a
municipality existing under the laws of the State of Florida, having its principal office at 50 Bald
Eagle Drive Marco Island, FL, 34145, and its Federal Tax Identification number as 59-3479845
and Dun & Bradstreet number as 031723286 ("SUBRECIPlENT").
WHEREAS, the COUNTY has entercd into an agreement with the United States
Department of Housing and Urban Development (HUD) pursuant to the authority of Title XII of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)(the Recovery Act).
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain
activities to primarily benefit low and moderate income persons and neighborhoods and to use
Community Development Block Grant-Recovery (CDBG-R) funds for: activities intended to
create suitable living environments, provide decent atlordable housing and create economic
opportunities; and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year 2009-2010 for
the CDBG-R Program for April 28, 2009-Agenda Item 16D3; and
WHEREAS, Resolution 08-121 was developed following the Collier County
Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 with Resolution
01-02; and
WHEREAS, HUD has approved the County's Consolidated Plan One- Y ear Action Plan
for Federal Fiscal Year 2009-2010 for the CDBG-R Program and the use of the CDBG-R funds
for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUB RECIPIENT desire to provide the activities
specified in Exhibit "A" ofthis Agreement, in accord with the approved Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG-R Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
2009-2010 CDBG-R
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Marco Highlands-Landscaping
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16D 6
I. DEFINITIONS
(A) "CQUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "ARRA" means the American Recovery and Reinvestment Act (Public Law 111-
5).
(C) "CDBG-R" means the Community Development Block Grant-Recovery Program
and pursuant to the authority of the ARRA.
(D) "HHS" means Collier County Department of Housing and Human Services.
(E) "HHS' s Approval" means the written approval of the Department of Housing and
Human Services or designee.
(F) "SUBRECIPIENT" means the City of Marco Island.
(G) "HUD" means the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(H) "Low and moderate income persons" means the definition set by HUD.
(I) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
Thc SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS,
perform the tasks necessary to conduct thc program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement betwcen HUD and Collier County shall be August
19, 2009. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHS prior written approval. The services of the
SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement.
In any event, all services required hereunder shall be completed by the SUB RECIPIENT prior to
June 15, 2011. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the IlUD.
IV. CONSIDERATION AND LIMITATIQN OF COSTS
The SUB RECIPIENT shall be reimbursed by the COUNTY using HUD funding for
allowable costs, determined by COUNTY, in an amount not to exceed Nineteen thousand six
hundred eighteen dollars ($19,618.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall bc 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 HHS, which shall have access to all records
and documents related to the proj ect.
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16D 6
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 HHS pursuant to
the submittal of monthly progress reports. Payments shall be made to the SUBRECIPlENT
when requested as work progresses but not morc frequently than once per month. Payment will
be made upon receipt of a proper invoice and in compliance with ~ 218.70, Fla. Sial., othcrwise
known as the "Local Government Prompt Payment Act." No payment will be made until
approved by HHS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered
to HHS at its office, presently located at 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples,
Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on
page one (1) of this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with thc procedures outlined in HHS'
Policies and Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement,
the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or its designee
within forty-five (45) days of said official notification.
B. DEBARMENT
The SUB RECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspendcd, proposed for debarmcnt, 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 trom participating in this
covered transaction.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations
and orders of the State, local and Federal governments, including, but not limited to:
I. The American Recovery and Reinvcstment Act (Public Law 111-5). Special
2009-2010 CDBG-R
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conditions apply. See Exhibit C (attached and incorporated herein) and for additional
information see www.recoverV.gov.
2. 24 CFR 570, as amended - The regulations governing the expenditure of
Community Development Block Grant-Recovery (CDBG-R) funds.
3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
4. Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, el. seq.
5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Exccutive Order 11246 ("Equal Employment Opportunity"), as amended by
Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women
on projects assisted with federal funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC ~ 2000e, et. seq.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1975.
10. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5).
12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by
CDBG-R. (See 42 USC 276a and 24 CFR 135.11 (c)).
14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
15. Executive Order 11625 and U.S. Dcpartment of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentagcs for participation of minority
businesses in Community Development Block Grant-Recovery Contracts.
16. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
2009-2010 CDBG-R
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160 '6
17.0MB Circular A-133 - concerning annual audits.
18.0MB Circular A-In - which identifies cost principles.
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
20. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq.
and regulations relating thereto. Failure by the 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. Chapter 112, Florida Statutes.
23. Prohibition Of Gifts To County Employees - No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, scrvice or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
24. Order of Precedence - In the evcnt of any cont1ict 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 cxtent any conflict in the terms of the Contract
Documents cannot bc resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
25. Venue - Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. Dispute Resolution - Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full dccision-making authority and by COUNTY'S
staff person who would make the presentation of any settlement reached during negotiations to
COUNTY for approval. Failing resolution, and prior to the commencement of depositions in
any litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified
by the State of Florida. The mediation shall be attended by representatives of SUB RECIPIENT
with full decision-making authority and by COUNTY'S staff person who would make the
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 5 of 28
16D 6
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. Sial.
D. SUBCONTRACTS
Any work or services subcontracted by the SUB RECIPIENT shall be specifically by
written contract or agreement, and such subcontracts shall bc subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUB RECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of thc attached Scope of Services set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet
the minimum standards as established by the Collier County Purchasing Department, Florida
Statutes and HUD. Reimbursements for such scrvices will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to consultant
work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY
without prior written approval of the IlHS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may bc amended only by written
agreemcnt cxecuted by the governing boards of both parties, except that County representative(s)
may approve adjustments between line item amounts, scope clarifications, or an extension of
time and schedule that do not change the project, or excced the amount funded by the County, as
stated herein. Any modifications to this contract shall bc in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications are
authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent causcd by the negligence, recklessness, or intentionally wrongful
conduct of the SUB RECIPIENT or anyone employed or utilizcd by the SUB RECIPIENT 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 dcscribed in this paragraph. This section does not pertain to any
incident arising from the sole negligcnce of Collier County. The forcgoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Slalules.
2009-20 I 0 CDBG-R
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16D 6
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly
identified as to funding source. The SUB RECIPIENT will include a reference to the financial
support herein provided by HHS & ARRA in all publications and publicity. In addition, the
SUB RECIPIENT will makc a good faith effort to recognize HHS & ARRA support for all
activities made possible with funds made available under this Agrcement. The SUBRECIPIENT
will mount a temporary construction sign for projects funded by HHS & ARRA. This design
concept is intended to disseminate key information regarding the development tcam as well as
Equal Housing Opportunity to the general public. The construction sign shall comply with
applicable County Codcs.
H. TERMINATION
In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all
finished or unfinished documcnts, data studies, surveys, drawings, maps, models, photographs,
reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this
Agreement shall be returned to HHS or the COUNTY. In the event of termination, the
SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY
may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the
exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined.
I. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfil! in timely and proper manner its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thereupon have the right to
terminate this Agrecmcnt in whole or part by giving written notice of such termination to the
other party and specifying therein the effective date of termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, eithcr party may, at its option and for any
reason, terminate this Agreement upon tcn (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUB RECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD spccifies.
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16D 6
1. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the
Contract Documents, insurancc of the types and in the amounts described herein and further set
forth in Exhibit "B" to this Agreement.
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUB RECIPIENT of its liability and obligation under this subsection or under any subsection of
this contract. The contract is contingent upon receipt of the insurance documents within fifteen
(15) calendar days after the Board of County Commissioners' approval. If the Insurance
certificate is received within the specified period, but not in the manner prescribed in these
requirements, the SUBRECIPIENT shall bc verbally notified of the deficiency and shall have an
additional five (5) calendar days to submit a corrected Certificate to the County.
If the SUBRECIPlENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPlENT shall be in default of the terms and conditions of
the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions oflaw
applicable to County employces relative to employments, hours of work, rates of compensation,
leave, unemployment and employcc benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUB RECIPIENT agrees to comply with OMB Circular A~ 110 (Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles
and procedures required thercin, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
I. The SUBRECIPIENT shall maintain all records required by CDBG-R and
ARRA.
2. All reports, plans, surveys, information, documents, maps, and other data
2009-2010 CDBG-R
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16D 6
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made availablc to the COUNTY by the SUBRECIPIENT at
any time upon request by the CQUNTY or HHS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement shall be
surrendered to HHS if requested. In any cvent the SUBRECIPIENT shall keep all documents and
records for three (3) years after expiration of this Agrcement.
3. The SUBRECIPIENT shall submit reports as required to assist the
COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity
Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. The SUBRECIP1ENT shall submit detailed monthly progress reports to
HHS outlining the status of specific activities under the project. Each report must account for
the total activity for which the SUBRECIPIENT is paid with CDBG-R funds, in part or in whole,
and which is required in fulfillment of their obligations regarding the Project. The progress
reports shall be submitted on the form Exhibit "D," Schedule "D-2."
5. The SUBRECIPIENT shall maintain records showing compliance with the
Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly,
the SUB RECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal rcquirements for grant implementation.
6. I I' indircct costs are charged, the SUBRECIPIENT will develop an indirect
cost allocation plan for determining the appropriate SUBRECIPIENT' s share of administrative
costs and shall submit such plan to the COUNTY for approval, in a form specified by the
COUNTY.
7. Failure to adequately maintain any former CDBG-R funded project may
result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture
offuture CDBG-R funds.
8. The SUBRECIPIENT will be responsible for the creation and
maintenance of income eligible files on clients scrved and documentation that all households are
eligible under HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on
the SUBRECIPIENT's compliance with the above.
C. REPORTS, AUDITS, AND EVALUATIONS
I. Quarterly ARRA reporting is required of SUBRECIPIENT and
SUBRECIPIENT's vendors, including data elements described in Section 1512 of the ARRA
and further outlined at www.federalreporting.gov. HHS will establish timelines for the
2009-2010 CDBG-R
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submitting of quarterly reports.
2. Monthly progress reports will be submitted using the form attached as
Exhibit B and will be accompanied by a Request for Reimbursement if applicable.
3. Reimbursement will be contingent on the timely receipt of complete and
accurate reports required by this Agreement, and on the resolution of monitoring or audit
findings identified pursuant to this Agreemcnt.
4. The SUBRECIPIENT agrees that HHS will carry out pcriodic monitoring
and evaluation activities as determined necessary. The continuation of this Agreement is
dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS,
submit information and status reports required by HHS or HUD to enable I-IHS to evaluate said
progress and to allow for completion ofreports required. The SUBRECIPIENT shall allow HHS
or HUD to monitor the SUBRECIPIENT on site. Such site visits may bc scheduled or
unscheduled as determined by HHS or HUD.
D. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY. AND HUD
REQUIREMENTS
The SUBRECIPIENT agrces to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available for specified activities.
E. PRIOR WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital cquipment expenditures 01'$1,000 or more;
(3) All out-of-town travel (travel shall be reimbursed in accordance with
Chapter 112, Fla. Stat. unless otherwise required by CDBG-R);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this
agreement for programs described in Exhibit "A"; and
(6) All rates of pay and pay increases paid out ofCDBG-R funds, whether for
mcrit or cost ofliving.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the procedures prescribed by the
Federal Management Circulars A-II 0, A-In, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
1. Non-profit organizations that expend $500,000 or morc annually in federal
2009-2010 CDBG-R
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awards shall have a single or program-specific audit conducted for that year in accordance with
OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under
only one federal program may clcct to have a program-specific audit performed in accordance
with OMB A-133.
2. Non-protit organizations that expend less than $500,000 annually in
federal awards shall be exempt from an audit conductcd in accordance with OMB A-133,
although their records must be available for review (e.g., inspections, evaluations). These
agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit,
performance audits). They may choose, instead of a Reduccd Scope Audit, to have a program
audit conducted for each federal award in accordance with federal laws and regulations
governing the program in which they participate.
3. When the requirements of OMB A-133 apply, or when the
SUBRECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by the
SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months
following the end of the SUBRECIPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements
of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an
audit performed either on the basis of the SUB RECIPIENT's fiscal year or on the basis of the
period during which HHS-federal assistance has been received. In either case, each audit shall
cover a time period of not more than twelve months and an audit shall be submitted covering
each assisted period until all the assistance received trom this contract has been reported. Each
audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover
only those services undertaken pursuant to the terms of this contract. A copy of the audit report
must be received by HHS no later than six months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance
with generally accepted accounting principles, procedures, and practices which shall sufficiently
and properly reflect all revenues and expenditures of funds provided directly or indirectly by the
County pursuant to the tcrms of this Agreement.
6. The SUBRECIPIENT shall include in all HHS approved subcontracts
each of the recordkeeping and audit requirements detailed in this contract.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT trom activities financed in whole or in part
by funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall require
the prior written approval of HHS or its designee. Accounting and disbursement of such income
shall comply with OMB Circular A-ll 0 (Uniform Administrative Requirement for Federal
2009-2010 CDBG-R
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Grants) and other applicable regulations incorporated herein by reference.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY.
Program Income shall be utilized to undertake activities specified in Exhibit "A" of this
Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program
Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the
COUNTY unless the SUBRECIPIENT requests and is authorizcd by HHS to utilize
uncommitted funds.
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but not be
limited to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances, and receivable
accounts to the COUNTY), and determining the custodianship ofrecords.
VIII. QTHER PROGRAM REQUIREMENTS
A. QPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
conccrns located in or owned in substantial part by persons residing in thc project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Devclopment Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSINESS ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the
SUB RECIPIENT shall make a positive effort to utilize small business and minority/women-
owned business enterprises of supplies and services, and provide these sources the maximum
feasible opportunity to competc for contracts to be performed pursuant to this Agreement. To
the maximum extent feasible, these small business and minority/women-owned business
enterprises shall be located in or owned by residents of the CDBG-R areas designated by Collier
County in the Annual Consolidated Plan approved by HUD.
2009-2010 CDBG-R
City of Marco lsland
Marco Highlands-Landscaping
Page 1201'28
160 6
C. PROGRAM BENEFICIARIES
At least fifty-one pcrcent (51%) of the beneficiaries of a project funded through this
Agreement must be low- and moderate- income persons. If the project is located in an
entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent
(30%) of the beneficiaries directly assisted undcr this Agrcement must reside in unincorporated
Collier County or in municipalities participating in the County's Urban County Qualification
Program. The project shall assist bcncficiaries as defined above for the time period designated in
Exhibit "A" of this Agreement.
D. CONFLICT OF INTEREST
The SUB RECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement and that no person having any conflict of interest shall
be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on
thc part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided,
however, that this paragraph shall be interpreted in such a manner so as not to unreasonably
impede the statutory requirement that maximum opportunity be provided for employment of and
participation oflow and moderate-income residents of the project target area.
E. PUBLIC ENTITY CRIMES
As provided in ~ 287.133, Fla. Sial. by entering into this Agreement or performing any
work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof. This notice is required by ~
287.133 (3) (a), Fla. Sial.
F. DRUG-FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug-free workplaces m
accordancc with the Drug-Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief: that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 13 01'28
160 6
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the cxtension, continuation, rcnewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agrecment.
2. If any funds othcr than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, contracts under grants, loans, and cooperative agrcements) and that all SUBRECIPIENTS
shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the SUB RECIPIENT 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-R including, but not limited to, the provisions on use
and disposition of property. Any real property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with CDBG-R funds in cxcess of $25,000, must adhere to
the CDBG-R Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clcan Air Act, 41 USC 7401, el seq.
2. Federal Water Pollution Control Act, 33 USC 1251, el seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained. If appropriate, a letter of map amcndment (LOMA) may be
obtained from FEMA, which would satisfy this rcquirement and/or reduce the cost of said flood
Insurance.
2009-20 I 0 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 1401'28
160 6
C. LEAD-BASED PAINT
The SUB RECIPIENT 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 10und at 24 CFR 570.608.
D. HISTORIC PRESERVATION
The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the
procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for
Protection of Historical Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG-R funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.200(j) specifics the limitations on CDBG-R funds.
XI. REVERSION QF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY
any CDBG-R funds on hand at the time of expiration, any accounts receivable attributable to the
use of CDBG-R funds, and any non-expendable personal property that was purchased with
CDBG-R funds. Any real property under SUBRECIPIENT control will be covercd by the
regulations 24 CFR 570.503(B) (8).
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid,
such a determination shall not affect the validity or enforceability of any other section or part
thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-eight (28) cnumerated pages, which include the exhibits
referenced herein, shall be executcd in two (2) counterparts, each of which shall be deemed to be
an original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the
parties and constitutes the entire understanding. The parties hereby acknowledge that there have
been and are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein.
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 15 01'28
160 6
IN WITNESS WHEREQF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this March 9, 2010.
ATTEST:
DWIGHT E..BROCK:{CLERK
Dated:
AttMt "'..(,
llo.1atuP" oft.'-;
First Witness
~~
~t/c: ~tM~1ElJ
Type/print witness name
{LJ
uJ
.u.....
if?.sIJ f
Type/print witness name
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-I ,andscaping
BOARD OF COUNTY COMMISSIONERS OF
:~LLlER~r~RISt
FRED W. COYLE, CHAIRM
By:
Su recipient Signature
~t/&II-r. -(J.I6.it/561V, Cr,v Jl1IWI/WL
Type/print Subrecipient name and title
Apj)roved as to form and legal sutliciency:
. ~
I(\'~/~~/vl~
\~~olleen M. Greene .
Assistant County Attorney
Page 1601'28
160 6
EXHIBIT "A"
SCOPE QF SERVICES
CITY OF MARCO ISLAND
LANDSCAPING
SUBDIVISION OF MARCO HIGHLANDS
2ND AVENUE. 5th A VENUE and MARCO LAKE DRIVE
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCQPE:
The City of Marco Island proposes to provide landscaping and streetscape along the
recently constructed concrete sidewalk adjacent to 2nd A venue, 5th Avenue, and Marco
Lake Drive located in the Marco Highlands Subdivision within the City of Marco Island
in Collier County, Florida. This project will provide shade and rest benches for the
pedestrians utilizing the new facilities and will be an area wide benefit to a targeted
population as determined by the income survey conducted by the City of Marco Island.
The targeted income range for the area of activity is 80% of AMI the threshold for the
low and moderate income designation. This funding will cover all costs associated with
the construction including survey, project design, and construction management services.
Collier County Department of Ilousing and Human Services is funding NINETEEN
THOUSAND, SIX HUNDRED EIGHTEEN DOLLARS ($19,618.00) with CDBG-R
funds for this landscaping project.
In addition to documents requested pursuant to the agreement, the Subrecipient will be
responsible for submitting the following to HHS:
a. Submission of documentation to qualify project as an area wide benefit through an
income survey conducted by The City of Marco Island as approved by HUD if
applicable.
B. BUDGET - Landscaping
Line Item:
CDBG Funds
$19,618
Landscaping (Plantings, Sod, Restoration)
Survey, Project Design, Services during Construction-Construction
Management services
Contingencies-(Benches if design allows)
$12,618
$ 5,000
$ 2.000
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 1701'28
16D 6
Total Estimated Project Cost
$19,618
Further clarifications to the quantity and types of work to be conducted under Exhibit A will be
processed by a Change by Letter, Exhibit A-I, and made an integral component of this
Agreement, if necessary.
C. PROJECT MILESTONE SCHEDULE
The time frame for completion of the outlined activities shall be:
MILESTONE/TASK START END DATE
DATE
Sub-recipient Agreement Signed March, 2010 March, 2010
Proiect Desilw Aoril, 20 10 Mav, 2010
A ward of Contract Julv, 2010 Seotember, 2010
Conduct income survey & provide results to HHS work July, 2010 August, 2010
with HHS to determine and confirm eligibility-if
applicable
Begin Construction September, June 15,2011
2010
NOTE: Performance milestones are in effect for program monitoring requirements
only, and as such, are used by HUD and other grantor agencies as general target goals
rather than strict performance requirements.
This agreement shall allow reimbursement of expenses for all eligible costs associated
with the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid.
Please note that if any of these activities exceed the timelines by two months a revised
work schedule must be submitted to HHS.
E. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICA TORS
SUIT ABLE SustainabiJity through Infrastructure- Area of sod
LIVING public improvements for Installation of sod, installed, number
ENVIRONMENT restoration of sod and landscaping, and of trees and shrubs
installation of landscaping streetscape installed, number
adjacent to the public improvements of benches
rights-of..wav installed.
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 1801'28
,
160 6
EXHIBIT "A-I"
CHANGE BY LETTER
~ CO,"'" COUNTY COVffiNM>N'
Collier County Housing &Huma"--Services
Public Services Division
Date
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Tilte of Contract
Project #
Purchase Order #
Dear Contact Name:
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r~ The above referenced contract time is hereby extended by Number of days calendar days. The new completion
date shall be on or before month and date, Year.
By extending Ihis conlract, Ihe County is not relieving your firm of its obligations 10 perform work in a timety and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal
righls, including, but not limited to, rights to terminate, suspend or elect any other appropriate coursers) of action
should circumstances warrant with regard to the referenced contract.
r
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw againsl Allowance (specity allowance item and identify specific items and guantilies)
r Olher: Scope Clarifications as indentified in Schedule B-1, "Ctarificalions in Scope", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby. Clerk's Grants Department
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 1901'28
160 6
EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services
Department, 3301 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the rcquirements as outlined below:
1. Workers' Compensation as requircd by Chapter 440, Florida Slalutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than
$300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with this contract in an amount not less than $300,000 per
occurrence for combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I - 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 SUB RECIPIENT in an amount not less than
$300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance requircd in 1 - 4 above, the SUBRECIPIENT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood
hazard zone, in an amount not less than the full replace values of the completed structure(s) or
the maximum amount of coverage available through the National Flood Insurance Program
(NFIP), whichever is greater. The policy will show Collier County as a Loss Payee AT.I.M.A
This policy will be provided as such time that he buildings' walls and roof exist.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
2009-2010 CDBG-R
City of Marco Island
Marco HighlandswLandscaping
Page 20 of 28
160 6
After the Construction Phase is completed and occupancy begins, the following insurance
must be kept in force throughout the duration of the loan and/or Contract;
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence
for combined Bodily Injury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than
one hundred (100%) of the replacement cost of the property. Collier County must be shown as a
Loss payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values 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.
2009-2010 CDBG-R
City of Marco Island
Marco llighlands-Landscaping
Page 21 of 28
160 6
EXHIBIT "C"
ADDITIONAL CDBG-R GRANT REQUIREMENTS
Strict Compliance with all aspects of the American Recovery and Reinvestment Act
("ARRA") is required which includes but is not limited to governance, transparency, data
collection and resourccs. Please see www.recovcrV.org for additional information.
(1) Title I ofthe Housing Community Development Act of 1974 (42 USC 5301 et.
seq.). Section 109 provides that no pcrson in the United States shall, on the ground of race,
color, national origin, religion, or sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity fundcd in whole or in part
with Federal financial assistance.
(2) The Buy American rule as outlined in section 1605 of the ARRA. All equipment
and products purchased with grant funds should be American made under the provisions entitled
"Required Use of American Iron, Steel and Manufactured Goods."
(3) The Davis-Bacon Act as outlined in Section 1606 of the ARRA.
(4) The National Environmental Policy Act of 1969 (42 USC 432] et. seq.).
(5) Requirements for Implementing Sections 1512, ] 605, and 1606 ofthc ARRA for
Financial Assistance Awards.
(6) All sub recipients and contractors are required to obtain a DUNS number and
register with the Central Contractor Registration.
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 22 of 28
160 6
EXHIBIT "D"
REQUIRED SUBMITTALS
D-l Request for Payment
D-la Release and Affidavit Form
D-2 CDBG-R Monthly Progress Report
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 23 of 28
160 6
SCHEDULE "D-I"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
Subrecipient Name: Citv of Marco Island
Subrecipient Address: 50 Bald Eagle Drive. Marco Island. FL 34145
Project Name: Marco Highlands-Landscaping
Project No: CDBGR-09-04
Payment Request #
Dollar Amount Requested: $
SECTIQN II: STATUS OF FUNDS
1. Grant Amount Awarded
5. Amount of Today's Request
$ 19,618.00
$
$
$
$
$
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
6. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also
certify that the amount of the Request for Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
(approval authority under $14,999)
Dept Director
(approval required $15,000 and above)
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 24 of 28
160 6
SCHEDULE "D-la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors
and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for
which COUNTY might be sued or for which a lien or a demand against any payment bond might
be tiled, have been satisfied and paid.
This Release and Affidavit IS gIven In connection with the SUBRECIPIENT's
(monthly/final) Request for Payment.
SUBRECIPIENT
Witness:
BY:
BY:
ITS:
President
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20I~ by u
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.:
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 25 of 28
160 6
SCHEDULE "D-2"
CDBG-R MONTHLY PROGRESS REPORT
Completeformfor past month and submit to Housing & Human Service's staffby the
1 (/h of the following month.
Status Report for Month of
Submittal Datc:
Project Name
Marco Highlands-Landscaping
Project Number CDBG-R 04
Activity Number
Subrecipient:
Citv of Marco Island
Contact Person
Leslie Sanford
Telephone: 239-389-5000
Fax: 239-389-4359
E-mail:
lsanford@citvofmarcoisland.com
1. Activity Status/Milestones (describe any action taken, relating to this project,
during the past month):
2. What events/actions are scheduled for thc next two months?
3. Describe any affirmative marketing you have implemented regarding this
project. Please list and attach any recent media coverage of your organization relating to
this project.
4. List any additional data relevant to the outcome measures listed on the
application for this project.
5. Identify any potential issues that may cause delay.
New contracts executed this month (if applicable):
2009-2010 CDBG-R
City of Marco Island
Marco Highlands-Landscaping
Page 26 of 28
160 6
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions
Number Number on following on following
page) page)
For projects that serve a particular clientele, please complete the following
information by entering the appropriate number in the blank spaccs and in the chart below.
Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients
served in previous months. You may provide data by either households or persons served.
However, if one person received TWO services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits
"households" or "persons").
INCOME
households or persons. Please circle one category (either
Enler Ihe number of beneficiaries in Ihe blank space and in Box 1. "
Of the households or persons assisted, are extremely low-income income (0-30%)
ofthe current Median Family Income (MFI). Enter Ihis number in Box "2. "
Of the households or persons assisted, are very low-income (31-50%) of the current
Median Family Income (MFI). Enler Ihis number in Box "3. "
Of these households or persons assisted, are low-income (51-80%) of the current
Median Family Income (MFI). Enler Ihis number in Box "4. "
NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1.
FEMALE HEAD QF HOUSEHQLD
This project assisted Female Head of Households REGARDLESS of income. Enter
Ihis number in box "5" below.
BOX 1 BOX2 BOX 3 BOX4 BOX 5
Total Number of Extremely Very Low Income Female Head of
Households or Low Income Low Income (51-80%) Household
Persons Assisted (0-30%) (31-50%)
i I
2009-2010 CDBG.R
City of Marco Island
Marco Highlands-l.andscaping
Page 27 01'28
16D 6
Subrecivient's must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or
North Africa.
Black or African-American: A person having origins in any of the black racial groups of
Africa.
Asian: A person having origins in any of the original peoples of the Far East, Southeast
Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan,
Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Nativc: A person having origins in any of the original peoples of
North and South America (including Ccntral America), and who maintains tribal affiliation
or community attachment.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original
people of Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American,
or other Spanish culturc or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black! African Amcrican and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
08-PRC-0 1 009/
2009-2010 CDBG-R
City of Marco Island
Marco llighlands-Landscaping
Page 28 of 28
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 6
TQ ACCQMPANY ALL ORIGINAL DOCUMENTS SENT TQ
THE BOARD QF CQUNTY CQMMISSIQNERS QFFICE FQR SIGNATURE
Print on pink paper. Attach to original.documen~. Original documents should b~ hand delivered ill lh~ Iloard Otlicc. -I'he completed fllUting slip and original
documents are to be forwarded to the Board Olllce lmly after Ih\..' 80ard has tak..:n action on the itelll..1
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures. dates. and/or information needed. ff the document is already complete with the
exception ofthc Chainnan's signature. draw a line throUIUl routing lines #1 through #4, coRlJ)lete the checklist. and forward to Ian Mitchell.
Route to Addressee(s) Office Initials Date
(List in routi!!g order)
I .Colleen Greene County Attorncy
UY'l& 3. II. I ()
5.Ian Mitchell, Supervisor Bce Office Board of County Commissioners ~ -5 Jl\ lto
3. Minutes and Reeords- Clerk of Court's Office
4.
5.
6.
PRIMARY CQNTACT INFQRMATlQN
(The primary contact is the holder of the originaJ document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addrcsset."S above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the Bee Chaimlan's signahlre are to be delivered to the Bee otTice only after the Bee has acted to approve the
item.)
Name of Primary Staff Wendy Klopf, Operations Coordinator Phone Number 252-2901
Contact
Agenda Date Item was March 9, 2010 Agenda Item Number t6D6
Approved by the BCC
Type of Document CDBG-R- Sub-Recipient Agreement Number of Original 2
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is
riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most Jetters, 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 ssibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other 'es exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature tine date has been entered as the date ofBCC approvat of the
document or the finaI ne otiated contract date whichever is a Hcable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si and initials are r uired.
In most cases (some con1racts are an exception), the original document and this routing slip
should be provided to Sue Filson in 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 our deadlines!
Tbe document was approved by the BCC on'D~~...Ik. 13 !CI61J(enter date) and all
cbanges made during lbe meeting have heen incorporated in tbe attached document.
Tbe COUD Attorne's Office bas reviewed the chan es, i a Ilcable.
Yes
(Initial)
WK
2.
3.
4.
5.
6.
'3/9/10
WK
WK
WK
NA
WK
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26J15, Revised 2.24.05
.~______""____'__--'__~__.h._ ~_ __.,,,,._,_
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MEMORANDUM
Date:
March 12,2010
To:
Wendy Klopf, Operations Coordinator
Housing & Human Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agreement between Collier County and Housing
Development Corporation of SW Florida (HDC)
(Credit Repair/Homebuyer Education and Counseling
Program) (HUD Grant #B-09-UY-12-0016)
Attached are the two original challenge grant agreements, referenced
above, (Item #16D6) approved by Board of County Commissioners
March 9, 2010.
The Minutes & Record's Department will hold a copy of the agreement
for the Board's Official Record.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachments (I)
16D 6
AGREEMENT BETWEEN CQLLIER COUNTY
AND
HOUSING DEVELQPMENT CQRPORATIQN
OF SW FLORIDA (HDC)
CREDIT REPAIRlHOMEBUYER EDUCATION AND COUNSELING PROGRAM
Catalog of Federal Domestic Assistance # 14.253
HUD Grant # B-09-UY -12-0016
THIS AGREEMENT is made and entered into by and between Collier County, a
political subdivision of the Statc of Florida. ("CQUNTY"), and "Housing Development
Corporation of Southwest Florida," a private not for profit corporation existing under the laws
of the State of Florida, having its principal ot1ice at 4779 Enterprise Avenue, Naples, FL
34104, and its Federal Tax Identification number as 38-3695928 ("SUBRECIPIENT").
WHEREAS, the COUNTY has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) pursuant to the authority of Title XII of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)(the Recovery Act).
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain
activities to primarily benefit low and moderate income persons and neighborhoods and to use
Community Development Block Grant-Recovery (CDBG-R) funds for: activities intended to
create suitable living environments, provide decent atlordable housing and create economic
opportunities; and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year 2009-2010 for
the CDBG-R Program for April 28, 2009-Agenda Item 16D3; and
WHEREAS, Resolution 08-121 was developed following the Collier County
Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 with Resolution
01-02; and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan
for Federal Fiscal Year 2009-2010 for the CDBG-R Program and the use of the CDBG-R funds
for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities
specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG-R Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
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I. DEFINITIQNS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative( s).
(B) "ARRA" means the American Recovery and Reinvestment Act (Public Law 111-
5).
(C) "CDBG-R" means the Community Development Block Grant-Recovery Program
and pursuant to the authority of the ARRA.
(D) "HHS" means Collier County Department of Housing and Human Services.
(E) "HHS's Approval" means the written approval of the Department of Housing and
Human Services or designee.
(F) "SUBRECIPIENT" means Housing Development Corporation of SW Florida.
(G) "HUD" means the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf
(H) "Low and moderate income persons" means the definition set by HUD.
(I) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be .'" ...
.~ Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHS prior written approval. The services of the
SUB RECIPIENT shall be undertaken and completed in light of the purposes of this Agreement.
In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to
~ljmll::lit:l,~I..:I_~. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the HUD.
IV. CQNSIDERATIQN AND LIMITATION QF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for
allowable costs, determined by COUNTY, in an amount not to exceed Fortv Thousand Five
Hundred dollars ($40.500) 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 HHS, which shall have access to all records
and documents related to the project.
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The County shall reimburse the SUBRECIPIENT for the pertormance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHS pursuant to
the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT
when requested as work progresses but, not more frequently than once per month. Payment will
be made upon receipt of a proper invoice and in compliance with ~ 218.70, Fla. Slat., otherwise
known as the "Local Government Prompt Payment Act." No payment will be made until
approved by HHS.
V. NOTICES
All notices required to be given under this Agreement shall be sutlicient when delivered
to HHS at its office, presently located at 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples,
Florida 34112, and to the SUBRECIPIENT when delivered to its ofnce at the address listed on
page one (I) of this Agreemcnt.
VI. GENERAL CONDITIQNS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement,
the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or its designee
within forty-five (45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction.
C. LOCAL AND FEDERAL RULES, 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. The American Recovery and Reinvestment Act (Public Law 111-5). Special
conditions apply. See Exhibit C (attached and incorporated herein) and for additional
information see www.recoverV.gov.
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2. 24 CFR 570, as amended - The regulations governing the expenditure of
Community Development Block Grant-Recovery (CDBG-R) funds.
3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
4. Title VIol' the 1984 Civil Rights Act, 42 USC S 2000d, et. seq.
5. 24 CFR 107 - 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.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC ~ 2000e, et. seq.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1975.
10. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
11. Section 504 ofthe Rehabilitation Act of 1973,29 USC 776(b) (5).
12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by
CDBG-R. (See 42 USC 276a and 24 CFR 135.11(c)).
14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
15. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant-Recovery Contracts.
16. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
17.0MB Circular A-133 - concerning annual audits.
18.0MB Circular A-122 - which identifies cost principles.
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19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
20. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq.
and regulations relating thereto. Failure by the 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. Chapter 112, Florida Statutes.
23. Prohibition Of Gifts To County Employees - No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chaptcr 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
24. Order of Precedence - In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Agreement shall take precedence over the
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.
25. Venue - Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. Dispute Resolution - Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUB RECIPIENT 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 undcr ~ 44.102, Fla. Sial.
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D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by
written contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUB RECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPlENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Scope of Services set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet
the minimum standards as established by the Collier County Purchasing Department, Florida
Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to consultant
work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY
without prior written approval ofthe HHS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written
agreement executed by the governing boards of both parties, except that County representative(s)
may approve adjustments between line item amounts, scope clarifications, or an extension of
time and schedule that do not change the project, or exceed the amount funded by the County, as
stated herein. Any modifications to this contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in etlect at the time such modifications are
authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not pertain to any
incident arising from the sole negligence of Collier County. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Stalules.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly
identified as to funding source. The SUBRECIPIENT will include a reference to the financial
support herein provided by HHS & ARRA in all publications and publicity. In addition, the
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, ----~-_...., --.--.--.--..-.....--. ----'--.' "---~-"..~~,~--,_...--~
16D 6
SUB RECIPIENT will make a good faith effort to recognize HHS & ARRA support for all
activities made possible with funds made available under this Agreement. The SUB RECIPIENT
will mount a temporary construction sign for projects funded by HHS & ARRA. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to thc general public. The construction sign shall comply with
applicable County Codes.
II. TERMINATION
In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs,
reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this
Agreement shall be returned to HHS or the COUNTY. In the event of termination, the
SUB RECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY
may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as thc
exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thereupon have the right to
terminate this Agreement in whole or part by giving written notice of such termination to the
other party and specifying therein the etlective date of termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts described herein and further set
forth in Exhibit "B" to this Agreement.
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J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of
this contract. The contract is contingent upon receipt of the insurance documents within fifteen
(15) calendar days after the Board of County Commissioners' approval. If the Insurance
certificate is received within the specified period, but not in the manner prescribed in these
requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an
additional five (5) calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the marmer
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of
the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation,
leave, unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A-IIO (Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
I. The SUBRECIPIENT shall maintain all records required by CDBG-R and
ARRA.
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement shall be
surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and
records for three (3) years after expiration of this Agreement.
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3. The SUBRECIPIENT shall submit reports as required to assist the
COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity
Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. The SUBRECIPIENT shall submit detailed monthly progress reports to
HHS outlining the status of specific activities under the projcct. Each report must account for
the total activity for which the SUBRECIPIENT is paid with CDBG-R funds, in part or in whole,
and which is required in fulfillment of their obligations regarding the Project. The progress
reports shall be submitted on the form Exhibit "D," Schedule "D-2."
5. The SUBRECIPIENT shall maintain records showing compliance with the
Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly,
the SUB RECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect
cost allocation plan for determining the appropriate SUBRECIPIENT' s share of administrative
costs and shall submit such plan to the COUNTY for approval, in a form specified by the
COUNTY.
7. Failure to adequately maintain any former CDBG-R funded project may
result in the delay of processing reimburscment requests for ongoing activities or in the forfeiture
of future CDBG-R funds.
8. The SUB RECIPIENT will be responsible for the creation and
maintenance of income eligible files on clients served and documentation that all households are
eligible under HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on
the SUBRECIPIENT's compliance with the abovc.
C. REPORTS. AUDITS. AND EVALUATIONS
1. Quarterly ARRA reporting is required of SUB RECIPIENT and
SUBRECIPIENT"s vendors, including data elements described in Section 1512 of the ARRA
and further outlined at www.federalreporting.g:ov. HHS will establish time lines for the
submitting of quarterly reports.
2. Monthly progress reports will be submitted using the form attached as
Exhibit B and will be accompanied by a Request for Reimbursement if applicable.
3. Reimbursement will be contingent on the timely receipt of complete and
accurate reports required by this Agreement, and on the resolution of monitoring or audit
findings identified pursuant to this Agreement.
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4. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring
and evaluation activities as determined necessary. The continuation of this Agreement is
dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS,
submit information and status reports required by HHS or HUD to enable HHS to evaluate said
progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS
or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled as determined by HHS or HUD.
D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available for specified activities.
E. PRIOR WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1,000 or more;
(3) All out-of-town travel (travel shall be reimbursed in accordance with
Chapter 112, Fla. Stat. unless otherwise required by CDBG-R);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this
agreement for programs described in Exhibit "A"; and
(6) All rates of pay and pay increases paid out of CDBG-R funds, whether for
merit or cost ofliving.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the procedures prescribed by the
Federal Management Circulars A-II0, A-122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
I. Non-profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program-specific audit conducted for that year in accordance with
OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under
only one federal program may elect to have a program-specific audit performed in accordance
with OMB A-133.
2. Non-profit organizations that expend less than $500,000 annually in
federal awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review (e.g., inspections, evaluations). These
agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit,
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performance audits). They may choose, instead of a Reduced Scope Audit, to have a program
audit conducted for each federal award in accordance with federal laws and regulations
governing the program in which they participate.
3. When the requirements of OMB A-133 apply, or when the
SUB RECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by the
SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months
following the end of the SUBRECIPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements
of OMB A-133 do not apply or are not elected, the SUB RECIPIENT may choose to have an
audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the
period during which HHS-federal assistance has been received. In either case, each audit shall
cover a time period of not more than twelve months and an audit shall be submitted covering
each assisted period until all the assistance received from this contract has been reported. Each
audit shall adhere to all other audit standards of OMB A-133. as these may be limited to cover
only those services undertaken pursuant to the terms of this contract. A copy of the audit report
must be received by HHS no later than six months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance
with generally accepted accounting principles, procedures, and practices which shall sufficiently
and properly reflect all revenues and expenditures of funds provided directly or indirectly by the
County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all HHS approved subcontracts
each of the recordkeeping and audit requirements detailed in this contract.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part
by funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fecs, sale of commodities, and rental or usage fees. The
SUB RECIPIENT shall report its plan to utilize such income to HHS, and said plan shall require
the prior written approval of HHS or its designee. Accounting and disbursement of such income
shall comply with OMB Circular A-II0 (Uniform Administrative Requirement for Federal
Grants) and other applicable regulations incorporated herein by reference.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY.
Program Income shall be utilized to undertake activities specified in Exhibit "A" of this
Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program
Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the
COUNTY unless the SUBRECIPIENT requests and is authorized by HHS to utilize
uncommitted funds.
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1. GRANT CLOSEQUT 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 ofrecords.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSINESS ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the
SUB RECIPIENT shall make a positive effort to utilize small business and minority/women-
owned business enterprises of supplies and services, and provide these sources the maximum
feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To
the maximum extent feasible, these small husiness and minority/women-owned business
enterprises shall be located in or owncd by rcsidents of the CDBG-R areas designated by Collier
County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this
Agreement must be low- and moderate- income persons. If the project is located in an
entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent
(30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated
Collier County or in municipalities participating in the County's Urban County Qualification
Program. The project shall assist bcneficiaries as defined above for the time period designated in
Exhibit "A" of this Agreement.
2009-20 I 0 CDBG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HDC
Page 1201'28
16D 6
D. CONFLICT OF INTEREST
The SUB RECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agrecment and that no person having any conflict of interest shall
be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on
the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided,
however, that this paragraph shall be interpreted in such a manner so as not to unreasonably
impede the statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate-income residents of the project target area.
E. PUBLIC ENTITY CRIMES
As provided in S 287.133, Fla Sial. by entering into this Agreement or performing any
work in furtherance hereof: the SUBRECIPIENT certifies that it, its atliliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof. This notice is required by ~
287.133 (3) (a), Fla. Sial.
F. DRUG-FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug-free workplaces In
accordance with the Drug-Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LQBBYING
The undersigned ccrtifies, to the best of his or her knowledge and belief: that;
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-ILL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
2009-2010 CDBG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HDC
Page 1301'28
160 6
3. The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS
shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the SUB RECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,
shall be subject to the provisions ofCDBG-R including, but not limited to, the provisions on use
and disposition of property. Any real property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with CDBG-R funds in excess of $25,000, must adhere to
the CDBG-R Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
I. Clean Air Act, 41 USC 7401, el seq.
2. Federal Water Pollution Control Act, 33 USC 1251, el seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), the SUB RECIPIENT shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
Insurance.
C. LEAD-BASED PAINT
The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint
Poisoning Prevention Act found at 24 CFR 570.608.
D. HISTORIC PRESERVATION
The SUB RECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the
procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for
Protection of Historical Properties.
2009-2010 COBG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HOC
Page 14 of28
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X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG-R funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.200(j) specifies the limitations on CDBG-R funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY
any CDBG-R funds on hand at the time of expiration, any accounts receivable attributable to the
use of CDBG-R funds, and any non-expendable personal property that was purchased with
CDBG-R funds. Any real property under SUB RECIPIENT control will be covered by the
regulations 24 CFR 570.503(B) (8).
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid,
such a determination shall not affect the validity or enforceability of any other section or part
thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twentv-ei2ht (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be
an original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the
parties and constitutes the entire understanding. The parties hereby acknowledge that there have
been and are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein.
2009-2010 COBG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HOC
Page 15 of28
IN WITNESS WHEREOF. the Subrecipient and the County, have each, rcspectively, by a16 D 6
authorized person or agent, hereunder set their hands and seals on this March 09, 2010
BOARD OF COUNTY COMMISSIONERS OF
~OLLIER~F~~ID~A .
y ---~---_._._-- --.
FRED W. COYLE, CHAIRM
Dated: B
.lIt IS.""" ·
.,~ ...-
First Witness
Housing Development Corporation of
Southwest Florida (HDC)
~/~
By: n/_J lZu-<.u.rt-
~Signature
Kathleen Guevara
Type/print witness name
Kathv Patterson. Executive Director
Type/print Subrecipient name and title
Chervl Patterson
Type/print witness name
Approved as to larm and legal sufticiency:
. t~7Yl)6Wj1~ ___
Colleen M. Grcene
Assistant County Attorncy
2009-2010 CIJJl(;-R
AGREIMEN I I IDe
Ilol1lchuyer Ed/Credit Repair
Pagc 16 of28
160 6
EXHIBIT "A"
SCOPE OF SERVICES
Housing Development Corporation of SW Florida (HDC)/B-09-UY -12-0016
CDBG-R Credit Repair/Homebuyer Education and Counseling
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
Thc Housing Development Corporation of SW Florida (HDC) proposes to use
Community Development Block Grant-Rccovcry Act (CDBG-R) funds for crcdit and
budget education, and one-on-one credit repair to low and moderate income families.
The HDC is certified by the Neighbor Works Center of Homeownership Education and
Counseling (NCHEC). The HDC is also a HUD certified counseling agency and
operates in an area designated by HUD.
Collier County Department of Housing and Human Services is using CDBG-R funds in
the amount of FORTY THOUSAND FIVE HUNDRED DOLLARS ($40,500) for this
CDBG-R project.
The SUBRECIPIENT agrees to complete the following, in addition to other CDBG-R
requirements:
a. Provide proof of being a HUD Certified Counseling Agency.
b. Class evaluation summaries must be submitted to HHS with a monthly
monitoring report.
c. Conduct approximately twelve (12) Homebuyer Education/Credit Repair
Workshops (consisting of three and one half hours (3 1/2 hrs) for a total of
approximately 26 e1asses.
d. Thirty (30) households to receive pre-purchase and/or extended credit counseling
sessIOns.
e. Reach approximately 250 attendee's per year.
B. BUDGET: Credit Repair/Homebuyer Education and Counseling
Line Item:
CDBG-R Funds
Homebuyer Ed/Credit Repair Classes
($1,500 per Class/26 Classes)
Individual Counseling Sessions
($50 per session/30)
TOTAL CDBG-R FUNDS
$39,000.00
$ 1,500.00
$40, 500.00
Clarifications to the quantity and types of work to be conducted under Exhibit B will be made
upon receipt of bids by the SUBCONTRACTOR and review by HHS. All clarifications to the
budget line items will be processed by a Change by Letter, Exhibit A-I, and made an integral
component of this Agreement.
2009-2010 CDBG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HOC
Page 17 of28
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C. PROJECT MILESTONE SCHEDULE:
The time frame for completion of the outlined activities shall be:
MILESTONE/TASK START DATE END DATE
Determine dates of education March, 20 I 0 February, 2011
Provide Homebuyer Ed/Credit Repair March, 2010 February, 2011
W orkshops- Twenty four (26) workshops,
each workshop is approximately 3 \'2 hours
in length.
Provide pre-purchase and/or extended March, 2010 February,2011
credit counseling to 30 households.
Reach approximately 250 attendees per March, 2010 February, 2011
year
NOTE: Performance milestones are in effect for program monitoring requirements
only, and as such, are used by HUD and other grantor agencies as general target goals
rather than strict performance requirements.
This agreement shall allow reimbursement of expenses for all eligible costs associated
with the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid.
Please note that if any of these activities exceed the timelines by two months a revised
work schedule must be submitted to HHS.
D. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICATORS
SUITABLE Affordability through credit Crcdit Homebuyer
LIVING repair/homebuyer education and/or Repair/Homebuycr Education/Credit Repair
ENVIRONMENT extended counseling program for Education and/or Workshops consisting of
low-moderate income citizens Crcdit Counscling approximately 3 ;/, hours
for a total of 26 classes
30 Households to rcccive
pre-purchase and/or
extended credit counseling
Reach approximately 250
attendees per year
2009-2010 COBG-R09-02
Credit RepairlHomebuyer Ed & Counseling
AGREEMENT HDC
Page 18 of28
16D 6
EXHIBIT "A-I"
CHANGE BY LETTER
~
COLLIER COUNTY GOVERNMENT
Collier County Housing & Human ~':Vices
Public Services Division
Date
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated betow:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion
date shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perfonn work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legat
rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate coursers) of action
should circumstances warrant with regard to the referenced contract.
r
Additional Staffing Categories Prolessional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Cterk's Grants Department
2009-2010 ClJBG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HOC
Page 19 of28
160 6
EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services
Department, 3301 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
I. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than
$300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with this contract in an amount not less than $300,000 per
occurrence for combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I - 3 above, a Certificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUB RECIPIENT or the
licensed design professional employed by the SUBRECIPIENT in an amount not less than
$300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I - 4 above, the SUBRECIPIENT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100%) percent ofthe insurable value ofthe building(s) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood
hazard zone, in an amount not less than the full replace values of the completed structure(s) or
the maximum amount of coverage available through the National Flood Insurance Program
(NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A.
This policy will be provided as such time that he buildings' walls and roof exist.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
2009-2010 CDBG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HDC
Page 20 of28
16D 6
After the Construction Phase is completed and occupancy begins, the following insurance
must be kept in force throughout the duration of the loan and/or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence
for combined Bodily Injury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than
one hundred (100%) of the replacement cost of the property. Collier County must be shown as a
Loss payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full rcplacement 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
2009-2010 CDBG-R09-02
Credit Repair/Homcbuyer Ed & Counseling
AGREEMENT HOC
Page 21 of28
16D 6
EXHIBIT "C"
ADDITIONAL CDBG-R GRANT REOU1REMENTS
Strict Compliance with all aspects of the American Recovery and Reinvestment Act
CARRA") is required which includes but is not limited to governance, transparency, data
collection and resources. Please see w'vv\y.recovcly.org for additional information.
(1) Title I of the Housing Community Development Act of 1974 (42 USC 5301 et.
seq.). Section 109 provides that no person in the United States shall, on the ground ofrace,
color, national origin, religion, or sex, be excluded from participation in, be denied the benefits
of: or be subjected to discrimination under any program or activity funded in whole or in part
with Federal financial assistance.
(2) The Buy American rule as outlined in section 1605 of the ARRA. All equipment
and products purchased with grant funds should be American made under the provisions entitled
"Required Use of American Iron, Steel and Manufactured Goods."
(3) The Davis-Bacon Act as outlined in Section 1606 of the ARRA.
(4) The National Environmental Policy Act of 1969 (42 USC 4321 et. seq.).
(5) Requirements for Implementing Sections 1512, 1605, and 1606 of the ARRA for
Financial Assistance Awards.
(6) All subrecipients and contractors are required to obtain a DUNS number and
register with the Central Contractor Registration.
2009-2010 CDHG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HOC
Page 22 of 28
160 6
EXHIBIT "D"
REOUlRED SUBMITTALS
D-I Request for Payment
D-Ia Release and Affidavit Form
D-2 CDBG-R Monthly Progress Report
2009-2010 CDBG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HOC
Page 23 of 28
160 6
SCHEDULE "D-l"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Housing Development Corporation ofSW Florida
Subrecipient Address: 4779 Enterprise Avenue, Naples, FL 34104
Project Name: HDC CDBG-R Credit Repair/Homebuver Education and Counseling
Project No: CDBG-R 09-02
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
40,500.00
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 To day's Request
$
6. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
$
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. 1 also
certify that the amount of the Request for Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
(approval authority under $14,999)
Dept Director
(approval required $15,000 and above)
2009-20 I 0 CDBG-R09-02
Credit Repair/Homcbuyer Ed & Counseling
AGREEMENT HDC
Page 24 of 28
16D 6
SCHEDULE "D-la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors
and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for
which COUNTY might be sued or for which a lien or a demand against any payment bond might
be filed, have been satisfied and paid.
This Release and Affidavit IS given In connection with the SUBRECIPIENT's
(monthly/final) Request for Payment.
SUBRECIPIENT
Witness:
BY:
BY:
ITS:
Presi dent
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing
instrument
2010,
was
acknowledged
before
me
this
day
of
or Corporation
Municipality
~ u
of A Choose Not-For-Profit,
or Municipality on behalf of Choose Not-For-Profit, Corporation or
He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
2009-20 I 0 CDBG-R09-02
Credit Rcpair/Homebuyer Ed & Counseling
AGREEMENT HOC
Page 25 of 28
16D 6
SCHEDULE "D-2"
CDBG-R MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's staff by the
1 flh of the following month.
Status Report for Month of
Submittal Date:
Project Name:
HDC CDBG-R Credit Repair/Homebuver Education and Counseling
Project Number CDBG-R 09-02
Activity Number 358
Subrecipient:
Housing Development Corporation ofSW Florida
Contact Person
Kathv Patterson, Executive Director
Telephone:
239-434-2397 Ext 101
Fax:
239-430-2387
E-mail:
kpatterson@collierchdc.org
1. Activity Status/Milestones (describe any action taken. relating to this project,
during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this
project. Please list and attach any recent media coverage of your organization relating to
this project.
4. List any additional data relevant to the outcome measures listed on the
application for this project.
5. Identify any potential issues that may cause delay.
New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions
2009-20 I 0 CDBG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HDC
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160 6
Number Number on following on following
page) page)
For projects that serve a particular clientele, please complete the following
information by entering the appropriate number in thc blank spaces and in the chart below.
Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients
served in previous months. You may provide data by either households or persons served.
However, if one person received TWO services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits
"households" or "persons").
INCOME
households or persons. Please circle one category (either
Enler the number of beneficiaries in lhe blank space and in Box 1."
Of the households or persons assisted, are extremely low-income income (0-30%)
ofthe current Median Family Income (MFI). Enter lhis number in Box "2. "
Of the households or persons assisted, are very low-income (31-50%) of the current
Median Family Income (MFI). Enler lhis number in Box "3. "
Of these households or persons assisted, are low-income (51-80%) of the current
Median Family Income (MFI). Enter this number in Box "4. "
NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enler
lhis number in box "5" below.
BOX I BOX2 BOX 3 BOX4 BOX 5
Total Number of Extremely Very Low Income Female Head of
Households or Low Income Low Income (51-80%) Household
Persons Assisted (0-30%) (31-50%)
,
I
2009-2010 CDBG-R09-02
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AGREEMENT HOC
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Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or
North Africa.
Black or African-American: A person having origins in any of the black racial groups of
Africa.
Asian: A person having origins in any of the original peoples ofthe Far East, Southeast
Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan,
Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the original peoples of
North and South America (including Central America), and who maintains tribal affiliation
or community attachment.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original
people of Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American,
or other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/ African American
Other Multi-Racial
TOTAL:
08-PRC-01009/
2009-20 I 0 CDHG-R09-02
Credit Repair/Homebuyer Ed & Counseling
AGREEMENT HDC
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