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Agenda 05/13/2014 Item #16D24 5/13/2014 16.D.24. EXECUTIVE SUMMARY Recommendation to: (1) award Request for Proposal 14-6259 "NSP Multi-Family Property and Program Assumption," to NR Contractors, Inc., (2)authorize the Chairman to execute a Developer Agreement with NR Contractors, Inc. conveying the six Gilchrist Apartment buildings, and (3) approve a one year extension to the waiver of the legal non-conforming status of the properties ending on March 25, 2016 (4) reject all bids received as a result of Invitation to Bid 13-6031 "Gilchrist Windows,Doors,Roofs and Miscellaneous Services". OBJECTIVE: To successfully transfer multifamily rental housing acquired through the Neighborhood Stabilization Program to a community partner. CONSIDERATIONS: The Gilchrist Apartments consist of six multi-family buildings each containing two units, for a total of twelve housing units which were acquired with Neighborhood Stabilization funds in 2009. Housing, Human and Veteran Services (HHVS) had attempted to award these properties through the RFP process in 2012 but received no bids. Input from community meetings indicated that the general condition and the legal non-conforming status of the properties were deterring potential bidders. On October 23, 2012, Item 16.D.1, the Board approved a modification to a sub-grant agreement with the Florida Department of Economic Opportunity (DEO) to add an additional Disaster Recovery Initiative (DRI) project which would provide hurricane hardening to the Gilchrist Apartments. On March 26, 2013, Item 16.D.2., staff requested a waiver to the legal non-conforming status as described by Land Development Code in order to complete the hurricane hardening project and dispose of the properties. This waiver is effective for a period of two years and ends on March 25, 2015. Staff requests that this waiver be extended an additional year to March 25, 2016 to allow time for the conveyance of the properties and the subsequent rehabilitation. In advance of procuring a construction contractor with funds received from the DEO, staff was required to bring additional grant modifications to the Board and to receive advance DEO approval of bid documents. On September 19, 2013 the Purchasing Department solicited proposals from construction contractors for the hurricane hardening project and received a total of one sealed bid. On February 25, 2014 HHVS brought item 16.D.1 to the Board in order to award a contract to rehabilitate the roof, windows, doors, and A/C units for the 12 Gilchrist units. The Board did not award the contract and Staff received Board direction to communicate again with community partners in order to quickly dispose of the properties from County ownership. Staff recommends that the Board reject all bids received as a result of Invitation to Bid 13-6031 "Gilchrist Windows,Doors, Roofs and Miscellaneous Services." On February 27, 2014 a targeted email was sent to approximately fifty companies and agencies inviting any interested parties to provide input and feedback for a pre-specification discussion. Packet Page -1296- 5/13/2014 16.D.24. In addition emails were sent to both the Naples and Marco Island Chambers of Commerce informing of this opportunity. On March 4, 2014 a pre-specification meeting was held to provide all interested parties an opportunity to provide input and feedback on the scope of the Gilchrist project. The meeting was attended by seven interested organizations. Based on the results of the meeting it was decided to offer three available options for which organizations could base their proposal as follows: Option 1: The County to convey the property, "as-is"with no County renovation dollars; Option 2: The County to fund and complete selected renovations determined by the County for approximately $230,000 prior to the conveyance; once renovations were complete, the County would immediately convey the property to the Developer"as-is;"or Option 3: The County to convey the property, "as-is," inclusive of a"50/50"match. On March 6, 2014, the Purchasing Department issued a solicitation through the on-line purchasing system requesting proposals for a Developer entity to take ownership of the Gilchrist Apartments. This solicitation included grant requirements, and therefore, the County's local vendor preference policy was excluded. On March 11, 2014, a newspaper advertisement was placed with the Naples Daily News informing the community of this bid opportunity. On March 19, 2014, a targeted follow-up email was sent out to approximately fifty (50) prospective companies, organizations, and agencies with a reminder that bids were due on April 8, 2014. On April 8, 2014, the Purchasing Department sent a total of 641 notices out electronically with 34 companies downloading the solicitation packet. A total of two proposals were received. On April 10, 2014 the selection committee meeting for RFP 14-6259, NSP Multi-Family Property and Program Assumption, was held to rank the two proposals that had been received. Based on the proposals provided and recommendations from the selection committee, NR Contractors was selected as the highest ranked proposal with the firm selecting Option 1 as their preferred conveyance choice. Staff recommends that the Board awards a Developer Agreement with NR Contractors Inc. to be effective as of May 13, 2014. Under the Agreement, the Developer has until March 25, 2016 (the date in which the recommended extension of the non-conforming waiver expires) to bring all units into compliance with the required rehabilitation standards. The Developer Agreement requires NR Contractors Inc. to rehabilitate the properties in accordance with the 2010 Florida Building Code, HHVS Rehabilitation Standards, and Housing Quality Standards (HQS). The Developer may not evict any NSP eligible tenant as long as they are in compliance with the terms of their lease. Lease terms may not be changed for a period of twelve (12) months after the transfer of the properties. In addition the Developer is required to provide property management and ensure that income qualified households benefit for a period of no less than fifteen (15) years. In order to meet this statutory requirement, staff will conduct Packet Page-1297- 5/13/2014 16.D.24. annual monitoring to insure that the properties continue to meet the fifteen (15) year affordability period and that Housing Quality Standards continue to be met. FISCAL IMPACT: By conveying these properties, Collier County will no longer receive Program Income in the amount of$5,000 per month, ten percent ($500) of which goes towards administrative expenses. The Agreement requires the Developer to pay for all costs associated with the transfer of the properties. Sufficient funds are available to cover monitoring through NSPI closeout. Funds are available in Urban Improvement Grant Fund 121, Project 33050. No general funds are associated with this project. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners: (1) Approves the award of RFP 14-6259 NSP Multi-Family Property and Program Assumption to NR Contractors Inc. (2) Authorizes the Chairman to execute the attached Developer Agreement with the vendor to be effective as of May 13, 2014, after review by the County Attorney's Office. (3) Approves a one-year extension to the waiver granted to the Gilchrist properties ending on March 25, 2016. (4) Reject all bids received as a result of Invitation to Bid 13-6031 "Gilchrist Windows, Doors, Roofs and Miscellaneous Services." Prepared by: Geoffrey Magon, Grant Coordinator, Housing, Human and Veteran Services Packet Page-1298- 5/13/2014 16.D.24. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.24. Item Summary: Recommendation to: (1) award Request for Proposal 14-6259 "NSP Multi- Family Property and Program Assumption," to NR Contractors, Inc., (2) authorize the Chairman to execute a Developer Agreement with NR Contractors, Inc. conveying the six Gilchrist Apartment buildings, and (3) approve a one year extension to the waiver of the legal non- conforming status of the properties ending on March 25, 2016 (4) reject all bids received as a result of Invitation to Bid 13-6031 "Gilchrist Windows, Doors, Roofs and Miscellaneous Services". Meeting Date: 5/13/2014 Prepared By Name: MagonGeoffrey Title: Grants Coordinator, Housing, Human&Veteran Services 4/25/2014 4:12:40 PM Approved By Name: TownsendAmanda Title: Director-Operations Support, Public Services Division Date: 4/28/2014 11:58:27 AM Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Housing, Human&Veteran Services Date: 4/28/2014 12:31:30 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 4/28/2014 1:41:33 PM Name: GrantKimberley Title: Director-Housing, Human and Veteran S, Housing, Human &Veteran Services Date: 4/30/2014 12:32:19 PM Name: KushiEdmond Title: Accountant, Housing, Human &Veteran Services Packet Page-1299- 5/13/2014 16.D.24. Date: 4/30/2014 2:01:21 PM Name: Bendisa Marku Title: Supervisor-Accounting,Housing,Human&Veteran Services Date: 4/30/2014 4:49:52 PM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services,Purchasing&General Services Date: 5/2/2014 12:40:43 PM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services, Purchasing&General Services Date: 5/2/2014 12:41:20 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 5/2/2014 1:22:35 PM Name: CarnellSteve Title: Administrator-Public Services,Public Services Division Date: 5/5/2014 5:15:01 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 5/6/2014 9:55:25 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/6/2014 10:34:25 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 5/6/2014 2:49:56 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 5/6/2014 2:56:34 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/6/2014 3:44:55 PM Packet Page-1300- 5/13/2014 16.D.24. ontractors, Inc. PO Box 110127 239.597.9083 Office raymuslcomcastnet Naples FL 34108 239.597.4227 Fax 239.272.5384 Cell April 8, 2014 N R Contractors will choose option #1 or option #2, with option # 1 N R Contractors will bring up all buildings to HUD Standards as required. Or with option#2 N R Contractors will bring up all buildings to HUD Standards as required and renovate all interior and exterior of all buildings If you have any questions, please do not hesitate to contact me at 239-272-5384 or email me @ raymus @comcast.net Respectfully Yours, Ray Muslimani Packet Page -1301- 5/13/2014 16.D.24. Mission Statement The goal of NR Contractors, Inc. is to provide general construction services to governmental agencies and residences alike. Serving both Lee and Collier Counties, NR Contractors, Inc. is committed to exhibiting high quality standards on every project. Our workmanship is dedicated to meet or exceed expectations as set by the customer while mindful of adhering to regulations specified by state & county ordinances. The continued success of NR Contractors, Inc. is predicated on referrals from past projects. As we depend on referrals, so too can the client depend on the integrity with which we approach every project both large and small. Company NR Contractors, Inc. is a privately held company doing business locally since 1992. We are a scalable company capable of matching our workforce to the project at hand. To our workforce nucleus, we select talent from a manpower pool of qualified individuals, most of whom have worked for us in the past, in order to meet our obligations in a professional &timely manner. NR Contractors will use subcontractors where necessary, selecting only licensed and bonded professionals, most having worked with our company on previous contracts, who are expected to abide by the same high quality standards of workmanship. Accreditation NR Contractors, Inc. is licensed to perform business throughout the state of Florida as a Certified Building Contractor(CB C056022). We are proud to be able to receive the recognition from Collier County for exemplary past performance. We are also proud that we have always completed work that has been awarded to us and especially pleased that there are no claims, arbitration proceedings or suits outstanding against NR Contractors, Inc. or its officers. It is also noteworthy to mention that our company has never filed any lawsuits or requested arbitration for any construction contract in our twenty year history. Proficiencies Rental property Retaining Walls Soundproofing Structures Roadway Construction & Repair Excavation - including digging, grading, tunneling, trenching and drilling (boring) Architectural Design General Home Construction Packet Page-1302- 5/13/2014 16.D.24. • Projects Having completed about $10,000,000 in construction projects for our modest size company, NR Contractors, Inc. has been responsible for a wide range of assignments. Regarding residential contracts, our company has performed condo renovations, home additions as well as custom homes from 4,000 to 8,000 square feet. Pertaining to County contracts we have repaired and reinforced driveways, constructed sound barriers, built storm water culverts, erected a bridge for a treatment plant in Naples, repaired & replaced sidewalks throughout Collier County. References While NR Contractors is able to provide a variety of individual references some of the more noted projects have included construction projects for Collier County Utilities, Bentley Village by Hyatt, Quail Run and King Richards Family Fun Park. Bank Reference provided by Wells Fargo and Surety provided by Surety Bond Associates Inc. The General Insurance Agent for NR Contractors is Oswald, Trippe and Company, Inc. in Naples. Trade references include CEMEX, Naples Lumber& Supply, Matulay's Building Supply, Preferred Materials and Hughes Supply Inc. Ray Muslimani, President NR Contractors, Inc. Packet Page-1303- 5/13/2014 16.D.24. Ca er Courtly n�ei�eYue seHioes oi�eion Reference Form -Solicitation: 14-6259 NSP Multi-Family Property and Program Assumption Reference Questionnaire for. (Name of Company Requesting Reference Information) NR Contractors Inc. (Name of Individuals Requesting Reference Information) Ray Muslimani Name: Robert Hord Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:emailmel @aol.com FAX: 708-349-4570 Telephone: 708-349-4445 Collier County is implementing a process that collects reference information on firrns and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a reference for which they believe may provide accurate information relating to the company. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very confident and 1 representing that you were very unconfident. If you do not have sufficient knowledge of past performance in a particular area, leave it blank and this item will be calculated as a "O" to the total reference score. Project Completed: 30 days Date Completed: 2009 Item Maria Score 1 Ability to maintain residential property is a safe, secure,and decent fashion. 10 2 Ability to income qualify persons seeking assistance. 10 3 Quality of project progress reports. 10 4 Quality of project financial reports. 10 5 Professionalism and ability to manage personnel. 10 6 Adds value to the community and citizens of Collier County. 10 7 Ability to ensure adequate financial controls and compliance. 10 8 Ability to manage risks and unexpected project circumstances. 10 9 Ability to follow agency's policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with the company. 10 TOTAL(Add Items 1 -1 4 100 Please FAX this completed survey to: By 15 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1304- ' 5/13/2014 16.D.24. C er Colrsnty Actrw:Mreire services n�iors Reference Form Solicitation: 14-6259 NSP Multi-Family Property and Program Assumption (Name of Company Requesting Reference Information) NR Contractors Inc. (Name of Individuals Requesting Reference Information) Ray Muslimani Name: Marie Gentile Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:mag516©optoniine.net FAX: Telephone: 239-594-7677 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project The Name of the Company listed in the Subject above has listed you as a reference for which they believe may provide accurate information relating to the company. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very confident and 1 representing that you were very unconfident. If you do not have sufficient knowledge of past performance in a particular area, leave it blank and this item will be calculated as a `O" to the total reference score. Project Completed: 45 days Date Completed: 2008 Item Ciboria Score 1 Ability to maintain residential property is a safe, secure, and decent fashion. 10 2 Ability to income qualify persons seeking assistance. 10 3 Quality of project progress reports. 10 4 Quality of project financial reports. 10 5 Professionalism and ability to manage personnel. 10 6 Adds value to the community and citizens of Collier County. 10 7 Ability to ensure adequate financial controls and compliance. 10 8 Ability to manage risks and unexpected project circumstances. 10 9 Ability to follow agency's policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with the company. 10 TOTAL(Add Items 1 —10) 100 Please FAX this completed survey to: By 15 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Tamplate_07012013 Packet Page-1305- 5/13/2014 16.D.24. Aclrr:,ie�awe sarias.oiiron Reference Form Solicitation: 14-6259 NSP Multi-Family Property and Program Assumption Reference Questionnaire for. (Name of Company Requesting Reference Information) NR Contractors Inc. (Name of Individuals Requesting Reference information) Ray Muslimani Name: Sam Geraci Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:geraci6505groaers.com FAX: 905-839-7217 Telephone:905-839-7212 Ext. 102 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a reference for which they believe may provide accurate information relating to the company. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very confident and 1 representing that you were very unconfident. If you do not have sufficient knowledge of past performance in a particular area, leave it blank and this item will be calculated as a "0" to the total reference score. Project Completed: 45 days Date Completed: 2013 Item Citeria Score 1 Ability to maintain residential property is a safe, secure, and decent fashion. 10 2 Ability to income qualify persons seeking assistance. 10 3 Quality of project progress reports. 10 4 Quality of project financial reports. 10 5 Professionalism and ability to manage personnel. 10 6 Adds value to the community and citizens of Collier County. 10 7 Ability to ensure adequate financial controls and compliance. 10 8 Ability to manage risks and unexpected project circumstances. 10 9 Ability to follow agency's policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with the company. 10 TOTAL(Add Items 1 —10) 100 Please FAX this completed survey to: By 15 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1306- 5/13/2014 16.D.24. Colter C".oy Adninisestive SEINiCe3 Division a Attachment 2: Developer Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Developer should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Ilk Any addenda have been signed and included. 2 The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Acquisition Manager [2/ The mailing envelope must be sealed and marked with Solicitation 14-6259 NSP Multi-Family Property and Program Assumption. EZ- The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: ,` C 4-1r4 rS // C_ Address: eok3c) , Not „ r✓ City, State, Zip: /y,e O 3 4 t L k` Telephone: 2 21 - g-°1 -7 - 10 $^l/ Email: �(`a,-f Mu S e CO frtc 4..1 T • �I I` Representative Signature: Representative Name: ray )A u r' I?-t A k i Date L A--- (-4 36 14-6259 NSP Mufti-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1307- 5/13/2014 16.D.24. Colt cry AdninisiniveSer Vices Division Pura Attachment 3: Conflict of interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: iv p C& 4 vs c.,-for( I1)c.- Signature and Date: 4— : " t L Print Name 12&•f MUS 11 Rio, t- j Title of Signatory fr 1 - State of -4t-Oe-?( rt County of (iPff,(, L SUBSCRIBED AND SWORN to before me this Cl' day of...A/2 ._________, 20 I , by c)Al-'-I µ l�f SL1 M4-Ar I , who is personally known to me to be the a i Na.1 r for the Firm, OR who produced the following identification t-0 N4- NZ-1 tat& (. e ri(L . tom- tikAt. c NotariPublic My Commission Expires /Fag—Cf'f 4:5- 'L::,.,,...,.. DONNA J NIROOMAND 4 e ,,,,*.r.=2 Notary Public-State of Florida l' 4 ,,. iii .4,7i My Comm.Expires Nov 28,2014 K . Commission# EE 14887 37 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template 07012013 Packet Page-1308- 5/13/2014 16.D.24. t:.oil�er Ccl�srcty Adn it istailue Services Division P Attachment 4:Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 14-6259 NSP Multi-Family Property and Program Assumption Dear Commissioners: The undersigned, as Developer declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Developer agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Developer states that the proposal is based upon the proposal documents listed by Solicitation: 14-6259 NSP Multi-Family Property and Program Assumption. If applicable, attach proof of 501 C 3 Status or other not-for-profit declaration. (Proposal Continued on Next Page 38 14.6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1309- 5/13/2014 16.D.24. PROPOSAL CONTINUED '�in the County of IN IT ESS WHEREOF, WE have ho-rto subscribed our names on this day of `1 , 200 ij 1 v , in the State of L- R Firm's Legal Name: id R C' V& curs Firm's Dun and Bradstreet / Number(DUNS) E*L{ Z4v 4 t (Found at www.dnb.com) r CCR#or CAGE Code 6 2 e‘ r Florida Certificate of Authority V 65.c g 0 Document Number (http://www.sunbiz.orq) Federal Tax Identification 6 c-Qz 43Gl Number Address: ( 0 (30X 1 1 3 12-7 City, State, Zip Code: A/4 /,c; ' g L 3 Li 1 0 Telephone: net- roil - 90 8'3 FAx 23'1 - 5c 7- '-( zz7 Signature by: I■"' (Typed and written) Title: N. k U S r " Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: S J"I A S abd, Address: City, State,ZIP Telephone: FAX: Email Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email 39 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1310- 5/13/2014 16.D.24. CAP.Comity ArinlistralieSeivicesDMIliOn Raising Attachment 5: Immigration Law Affidavit Certification Solicitation: 144259 NSP Multi-Family Property and Program Assumption This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further, Developers/Bidders are required to enroll in the E-Verify program,and provide acceptable evidence of their enrollment, at the time of the submission of the Developer's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include thisflffidavit and acceptable evidence of enrollment in the E-Verifv Program. may deem the Developer/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any developer who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act(INK). Collier County may consider the employment by any developer of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Developer attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Developer's/Bidder's proposal. Company Name /1/R Co h.tr.s .+o V1 Print Name R&y Mu S M h t Title IP Nh.l . Signature �� .---� Date t4 - t 1--( State of i-L()fVDA- County of- (30 The f agoing instrument was signed and acknowledged before me this day of 74 l-WSL/,'IAsi who has produced Fail p/� -733 ley`fZd'as icientification. (P 'nt or Type Name) (Type of Identification and Number)yi/ . i f 11A141.- - - - - - -��— • Public Sign= c 1 {IRYA46'. DONNA J NIROOMAND 1 I 1 a 4 + r 4 ="` �;` Notary Public.State of Florida 0 Printe. Name of Notary Public ( ; . n My Comm.Expires Nov 28,2014 '••',FO�`oP� Commission#EE 14887 Notary Commission Number/Expiration "" , , _ The signee of this Affidavit guarantees,as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 40 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template 07012013 Packet Page-1311- 5/13/2014 16.D.24. Colter qty pictrireceeve Services awdmyng Attachment 5: Immigration Law Affidavit Certification Solicitation: 14-6255 N'SP Multi-Family Property and Program Assumption This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (iTB's) and Request for Proposals (REP)submittals. Further, Developers/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Developer's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to Include this Affidavit and acceptable evidence of enrollment in the E-Verify program. may deem the Developer/Bidder's proposal as non-respor!sive. Collier County will not intentionally award County contracts to any developer who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any developer of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Developer attests that they are fully compliant with ul applicebie immigration laws (speoificsliy to the 186 Immigration Act and subsequent Amendment(s)) and agrees to :'ompiy with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Developer's/ Bidder's proposal. Company Name rR + V-y Print Name t„, Title Title Eft 'Signature .�.�.®f... _� _.� �_ Date q tt f State of County of The foregoing instrument was signed and acknowledged before me this day of 20 , by fi�;,n e°;'h. Npr,Produced _ ,as f� i .ztion. (Print or Typ �a., ( yp o. I entificotOn ant Number) Notary Public Signature Printed Name of Notary Public Notary Commission Nurrrber/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hnerei,naier made. 40 14-6259 hNSP Multi-Family Property and Program Assumption(Non CCNA)Template 07012013 Packet Page -1312- 5/13/2014 16.D.24. Cit. Adri iarabde Services Di Aim Pirchwing Attachment 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name a- " '1 -I r (as shown on income tax return) Business Name (if different from taxpayer nape) Address o P C?( i t U(z 7 t City Nei 0_I r— State r L Zip Telephone Z3c1 10 AX C)--Scl-7-Lid`e7Z1 Email WA(frtuc/3 CbF1C4171',h ‘et Order Information Remit i Payment Information Address '.- Address S i'.-1 ' � City State Zip City State .Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor )(Corporation _-„Partnership _Tax Exempt (Federal income tax-exempt entity 1 Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) I Enter the tax classification (0=Disregarded Entity, C=Corporation, P=Partnership) j 3. Taxpayer Identification Number(for tax reporting purposes only) / I (� Federal Tax Identification Number(TIN) 5—0 3 .3 c'1 c d i (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature :,/ - Date — ( 1 Title 4Ya S Phone Number �t'1- \X17-q0 41 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1313- 5/13/2014 16.D.24. Alrronistraiive C�ier<�ou>Kty Semis Cs+isicn Purnnasino Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant 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 Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consuftant 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. 4. ❑Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. Per Occurrence ❑Aircraft Liability coverage shall b carried in limits p of of less than Services $5,000,000 each occurrence if applicable under this Agreement. Per Occurrence ❑ Pollution $ Per Occurrence $ ❑ Professional Liability per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate Grant Funded RFP(Non CCNA)Template_01012014 Packet Page-1314- 5/13/2014 16.D.24. Employee Dishonesty $1,000,000 Per Occurrence 5. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of S200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus,all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm /✓ R C v' 1-k-,c. crl if/ L- Date t--(— g- f �{ Vendor Signature Print Name -4 U Insurance Agency L;-+dcae\r- 'c (v' Sit VV`At r .e Agent Name i 1/OY i t1 I—h c°V1 h Telephone Number 2.3ct -2g-b- 3 23c 43 14-6259 NSP Mufti-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1315- 5/13/2014 16.D.24. CAT Comity Attachment 8: Grant Agency Requirements Applicable Laws and Regulations applicable in part or in Certain State and Federal laws, as well as regulations and Executive Orders, are app whole to the NSP. The applicable laws, regulations and Executive Orders (classified in general by compliance area) include but are not limited to: General • The Housing and Community Development Act of 1974, as amended and as implemented by the most current HUD regulations (24 CFR Part 570). • Federal Register Docket No. FR-5447-N-01: Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010 • U.S. Department of Housing and Urban Development's Playing by the Rules:A Handbook for CDBG Developers on Administrative Systems Financial and Administrative Management • Federal OMB Circular A-87 Cost Principles (Governmental Subrecipients) • 24 CFR Part 85 Administrative Requirements (Governmental Subrecipients)Federal • OMB Circular A-122 Cost Principles (Non-Governmental Subrecipients) • 24 CFR Part 84 Administrative Requirements (Non-Governmental Subrecipients) • Federal OMB Circular A-133 -Audits (All Subrecipients) A Developer is not bound by governmental procurement or cost principles, nor are they bound by OMB circulars. • The Developer shall be required to submit audited annual financial statements. Civil Rights • Title VI - Civil Rights Act of 1964. • Section 109 - Title I - Housing and Community Act of 1974. • Title VIII of the Civil Rights Act, 1968(Fair Housing Act), as amended. 42 U.S.C. 3601 • Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. • Executive Order 11246 - Equal Employment Opportunity, as amended byExecutive Order 11375, Parts II and Ill. • Executive Order 11063- Equal Employment Opportunity, as amended by • Executive Order 12259. • Section 3 of the Housing and Development Act of 1968, as amended Section 118 • of Title I, Community Development and Housing Act, 1974. • Age Discrimination Act of 1975. • Executive Order 12432: National Priority to Develop Minority and Women Owned • Businesses. • Section 504 of the Rehabilitation Act of 1973 and implementation regulation (24 • CFR Part 8). Acquisition/Relocation • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (46 U.S.C. 4601 and regulations at 49 CFR, Part 24). 44 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_0701201 3 Packet Page-1316- 5/13/2014 16.D.24. Housing • The Truth in Lending Act(Regulation Z). • Title I Consumer Protection Act (PL 90321). • The Lead Base Paint Poisoning Prevention Act (42 U.S.C. 4831-5 et al.) and HUD implementing regulations (24 CFR Part 35). • The Residential Lead-Based Paint Hazard Reduction Act of 1993 (PL 102-550). • The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., 5401 et. seq., as amended). • Manufactured Housing Act (O.C.G.A. Sections 8-2-130 and 160 et. seq.). • Construction Industry Licensing Board Act(O.C.G.A. Section 43-14-8). • The Fire Administration Authorization Act of 1992 (PL 102-522). Environmental • Title i of the Housing and Community Development Act, Section 104(g)—as amended (42 U.S.C. 5304) and published in 24 CFR Part 58. • Section 306 of the Clear Air Act(42 U.S.C. 1857(h)) • section 508 of the Clean Water Act (33 U.S.C. 1368), • Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). • Energy Policy and Conservation Act (Pub. L.94-163). Labor Standards • The Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330) as supplemented by Department of Labor regulations. • The Davis-Bacon Act (40 U.S.C. 276(a)to (a-7), as supplemented by Department of Labor Regulations. • The Davis-Bacon Act (42 U.S.C. 5310) • The Copeland "Anti-Kickback"Act(18 U.S.C. 874) as supplemented by Department of Labor regulations. Other • Conditions prohibiting inherently religious activities (24 CFR 570.200(j)) Housing Rehabilitation Requirements • The Common Rule 24 CFR 85 applies if the direct party of the construction contract. This rule requires a competitive procurement. • Federal Labor Standards - only in certain situations. Davis-bacon wage rate are applicable when NSP funds are used for rehabilitation of more than 8 housing units in one project. • Lead-Based Paint Hazard Elimination (24 CFR Part 35) -These rules include inspection, testing, risk assessments, hazard control or abatement, safe work practices, clearance and notification/disclosure requirements. • Section 3 Clause of the Urban Development Act of 1968, and as implemented by HUD regulations at 24 CFR Part 135 applies (regardless of the dollar amount of the contract) in the following situations: o If the Recipient contracts directly for rehabilitation services or acts as an agent for the homeowner, i.e., signs the rehabilitation contract. o If the Recipient provides homeowners with a list of contractors eligible to participate in the local rehabilitation program, the Recipient should assure that eligible Section 3 business concerns located or owned in part by residents of the area are also included on the list. o If the individual homeowner contracts directly for rehabilitation services and the Recipient is not a party to the contract, the Section 3 requirements do not have to be followed. • Section 104(d). of the Housing and Community Development Act is applicable if rental units are converted to non- "low and moderate income dwelling units" or if occupied or occupiable housing units are demolished. See HUD regulations at 24 CFR Part 570.606 and 24 CFR Part 42. 45 14-6259 NSP Multi-Family Property'and Program Assumption(Non CCNA)Template_07012013 Packet Page -1317- 5/13/2014 16.D.24. • The Uniform Relocation Assistance and Real Property AcxauisitionlAbc'of 970, tsamended, and implemented by DOT regulations 49 CFR Part 24, is applicable of income) are displaced in conjunction with a NSP activity. • The Truth-In-Lending Act (Regulation Z) (USC 1601, et. seg.) which applies to any loan transaction between the Recipient and the homeowner provided the Recipient meets the criteria of being a "creditor", as defined by the Federal Reserve System Equal Opportunity, Fair Housing and Accessibility General The regulations pursuant to Title I of the Housing and Community Development Act require applicants to assure through certification that all activities will be conducted in accordance with Section 109 of the Act (the nondiscrimination clause), Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and Executive Orders 11246 and 11063.These requirements are briefly described below: 1. Title VI of Civil Rights Act of 1968 Nondiscrimination in any programs or activities receiving Federal financial assistance. 2. Section 109 of Title I - Housing and Community Development Act of 1974 Nondiscrimination in any program or activity subject to the provisions of this title. No person in the United States shall on the ground of race, color, national origin, 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 part under this Title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. 3. Title VIII of the Civil Rights Act of 1968, as amended. Prohibition against discrimination based on sex. 4. The Fair Housing Law Provides protection against the following acts, if they are based on disability, race, color, religion, sex, national origin, or family status: • Refusing to sell or rent to, deal or negotiate with any person Discriminating in terms or conditions for buying or renting Housing • Discriminating by advertising that housing is available only to persons of a certain family status, race, color, religion, sex, or national origin • Denying that housing is available for inspection, sell or rent when it really is available • "Blockbusting" - For profit, persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood • Denying to anyone the use of or participation in any real estate services, such as brokers' organizations, multiple listing services or other facilities related to the selling or renting of housing • Denying or making different terms or conditions for home loans by commercial lenders, such as banks, savings and loan associations and insurance companies 5. Executive Order 11063 - Equal Opportunity in Housing, as amended by Executive Order 12259. All departments and agencies are directed to take all action necessary and appropriate to prevent ed discrimination in housing and related facilities owned or operated by the Federal Government r provided with Federal financial assistance and in the lending practices with respect to residential property facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans insured or guaranteed by the Federal Government. 6. Executive Order 11246 - Equal Employment Opportunity, as amended by Executive Order 11375. Part II - Employment under Federal contracts. Non-discrimination in employment by government contractors and 46 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1318- 5/13/2014 16.D.24. subcontractors. Part UI - Federally assisted construction contracts. Non-discrimination in employment under federally assisted construction contracts. Parts II and III are administered by the Department of Labor. 7. Section 3 of the Housing and Development Act of 1968, as amended and as implemented by HUD regulations at 24 GFR Part 135 Section 3 provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower income residents of project areas and that contracts be awarded to small businesses located within the project area or owned in substantial part by project area residents. Section 504 Requirements Local government recipients and developers must comply with Section 504 of the Rehabilitation Act of 1973, as amended. This requirement is similar to the "Americans with Disability Act" (ADA) which is also applicable. HUD published implementation regulations (24 CFR Part 8) as a final rule on June 2, 1988. The general requirement is that no otherwise qualified individual with a disability (physical or mental) shall, because a recipient's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, denied benefits, or otherwise be subjected to discrimination under any program or activity that receives NSP assistance. The definition of disability includes physical and mental factors and also includes those who may be regarded as handicapped (such as the spouse or children of a person with AIDS). Both building accessibility and employment practices are covered by Section 504. Affirmatively Furthering Fair Housing Any Developer must certify that it will affirmatively further fair housing, mandated under 24 CFR 570.602. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 As amended, provides that, to the greatest extent feasible, opportunities for training and employment shall be given to recipients of public housing and lower-income residents of the unit of local government or the metropolitan area (or non-metropolitan county) in which the project is located. Contract work in connection with such projects shall be awarded to business concerns which are owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project, employ Section 3 residents in full-time positions, or subcontract with businesses which provide economic opportunities to lower income persons. Section 3 Regulations 24 CFR 135. § 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD"s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers" representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and 47 14-6259 NSP Mukti-Family flropeItY and Program Assumption(Non CCNA)Template_07012013 Packet Page-1319- 5/13/2014 16.D.24. training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 ut-F( parr -13b, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD"s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section7(b). Debarment Pursuant to 24 CFR 24, all NSP grantees are required to verify that any/all persons, contractors, consultants, businesses, Developers, etc. that are conducting business with the grantee, including any city/county or the grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Verification will be checked through the Excluded Parties Listing System (at website: www.epls.gov). Fiscal Audits As a Developer entity the Developer is not be required to submit an A-133 Audit, however the Developer shall be required to submit audited annual financial statements to ensure that the Developer is not being unduly enriched. Acknowledgement of Terms, Conditions and Grant Clauses Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For 48 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Temptate_07012013 Packet Page-1320- 5/13/2014 16.D.24. each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name /f/ P, co V W L Date — `a' - t C( Authorized Signature Address 2 Q C ' © (2. A , CJ 49 14-6259 NSP Mufti-f=amily Property and Program Assumption(Non CCNA)Tempkate_07012013 Packet Page -1321- 5/13/2014 16.D.24. ;or City Sea Ch Attachment 9: Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j) In accordance with the First Amendment of the United States Constitution "church/state principles," Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be. a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the following: 1, it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this agreement shall contain no sectarian or religious symbols or decorations; and 5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility, which is owned by the provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services located in a structure used exclusively for non- religious purposes and constitute in dollar terms, only a minor portion of the CDBG/NSP expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. /P Colo +VA C.4 3v- )('N/C_. (Date) (Signature ?ti--1 u c ti f t-x, Xs— °—( l (Print Name) 50 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1322- 5/13/2014 16.D.24. ier Ca4Y Atavisms%vas bridal Putchasing Attachment 10A: Certification of Debarment,Suspension, Ineligibility for Organization REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION AGREEMENTS/SUB-AGREEMENTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). The Board of County Commissioners further adopted a Resolution (2013-228) effective October 8, 2013 to establish application screening criteria for Collier County administered federal and state grants. The resolution specifies this list of interested parties refers to the following representatives of the grantee organization under any form of arrangement or agreement: Each Board of Directors member Officers of the Board Executive Director All employees and supervisors that will work on the grant Definitions: (1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. Contact Collier County Housing, Human and Veteran Services or go to www.HUD_oov website for assistance in obtaining a copy of those regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: • Return of awarded grant funds on more than one occasion in the last three years • Non-compliance with a monitoring corrective action plan • Other substantial non-compliance or non-conformance of a grant The organization applying for grant funding is hereby attesting and will follow the below listed: 1. Each grantee of federal or state financial and non-financial assistance must sign this debarment certification prior to agreement execution. Independent auditors who audit federal or state programs regardless of the dollar amount are required to sign a debarment certification form. Collier County Housing, Human & Veteran Services or its agreement grantee/contractors will not contract with subcontractors if they are debarred or suspended by the federal government. 2. Each entity applying for a grant from Collier County will assure all persons listed above complete and submit appropriate certifications. 3. The grantee shall provide immediate written notice to the grant coordinator at any time the grantee/contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 51 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template 07072013 Packet Page -1323- 5/13/2014 16.D.24. 4. The grantee further agrees by submitting this certification that, it shall not knowingly enter into any sub-agreement with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 5. The grantee further agrees by submitting this certification that it will require each contractor/subcontractor of agreements and/or contracts referencing this contract whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with each sub-agreement. 6. The grantee may rely upon a certification by a subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the grantee/contractor knows that the certification is erroneous. 7. The grantee has adopted conflict of interest policies and procedures within their organization and will provide a copy of such prior to the execution of an agreement should the grant application be funded. If the grantee does not have conflict of interest policies and procedures they must adopt policies/procedures for determining when a conflict of interest exists and disclosing it to the public as required by the applicable program requirements. S. If funded, and as applicable, the all contractors and subcontractors hired by the grantee will be required to sign a similar form attesting to the same requirements outlined in this document prior to entering into any grant sponsored contract. The prospective grantee certifies, by signing this certification, that neither the entity nor their above noted principals and respective employees, within the last three years: (1) Has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with Collier County Housing Human &Veteran Services by any federal department or agency. Where the prospective grantee is unable to certify to any of the statements in this certification, such prospective grantee shall attach an explanation to this certification. (2) Has had a real or apparent conflict of interest (3) Has falsified documents (4) Has substantial non-compliance or non-conformance with performance under a grant with Collier County or any other entity Collier County Housing, Human and Veteran Services will rely on the attestation of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. CoNier County Housing, Human &Veteran Services voluntarily excluded ttfromticontracting or nonprofit subcontracting that it is not debarred, suspended, ineligible, or Y unless the department knows that the certification is erroneous. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous 52 14-6259 NSP Muni-Famity Property and Program Assumption(Non CCNA)Template 07012013 Packet Page -1324- 5/13/2014 16.D.24. certification, the Federal Government and Collier County may pursue available remedies, including suspension, debarment, grant award retraction, and/or suspension from applying for awards for three years under Resolution 2013-228. Name of Organization: N R co c, t' G✓C Signature of Authorized Individual Date Li P'te-C Name and Title of Authorized Individual (Print or type) 53 14-6259 NSP Multi-Family Properly and Program Assumption(Non CCNA)Template 07912013 Packet Page-1325- 5/13/2014 16.D.24. Litrkaalry Co �r Co�t�y aa,ie,�raooe son Attachment 10B: Certification of Debarment, Suspension, Ineligibility for Board, Executive Director, Employee or Supervisor REGARDING DEBARMENT or SUSPENSION, NON-COMPLIANCE OMPL ANCE OR FNON-PERFORMANCE LICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL UNDER A GRANT, INELIGIBILITY,VOLUNTARY EXCLUSION AGREEMENTS/SUB-AGREEMENTS The Board of County Commissioners for Collier Resolution administered effective and state grants. The establish application screening criteria specifies this list of interested parties refers to the following representatives of the grantee organization under any form of arrangement or agreement: Each Board of Directors member Officers of the Board Executive Director All employees and supervisors that will work on the grant Definitions: (1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. Contact Collier County Housing, Human and Veteran Services or go to www.HUD.00v website for assistance in obtaining a copy of those regulations. (2) The term substantial non-compliance r an the last three rrcation includes: • Return of awarded grant funds on more than one occasion • Non-compliance with a monitoring corrective action plan • Other substantial non-compliance or non-conformance of a grant The undersigned certifies, by signing this certification, that, within the last three years, they have not: 1. Been debarred. suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with Collier County Housing Human &Veteran Services by any federal department or agency. (Where the prospective grantee is unable to certify to any of the statements in this certification, such prospective grantee shall attach an explanation to this certification.) 2. Had a real or apparent conflict of interest 3. Falsified documents 4. Had substantial non-compliance or non-conformance with performance under a grant with Collier County or any other entity 54 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1326- 5/13/2014 16.D.24. The undersigned shall provide immediate written notice to the grantee at any time the undersigned learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. .;oilier County Housing, Human and Veteran Services will rely on the attestation of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government and Collier County may pursue available remedies, including suspension, debarment, grant award retraction, and/or suspension from applying for awards for three years under Resolution 2013-228. N R C.G" V Name of Organization Role of undersigned (Director, Executive Director, Employee[specify role], Supervisor[specify role] '. Signature R `f 'UkUc I, ,--')G��, f Print or type name of signatory Date 55 14-6259 NSP Mufti-Family Property and Program Assumption (Non CCNA)Template_07012013 Packet Page-1327- 5/13/2014 16.D.24. Cotter County Purchasing Attachment 11: Certification of Fair Housing e� flu I, ,141 ( certifies that it will affirmatively further fair housing, mandated under 24 CFR 570.602, (Applicant) which means that it will: • Conduct an analysis to identify impediments to fair housing choice within the jurisdiction; • Take appropriate actions to overcome the effects of any impediments identified through that analysis; and • Maintain records reflecting the analysis and actions in this regard. f✓ R co v-iG4o�(� �n/C (Company)IR (Sig ture) (Date) Muc ite 1 (Print Name) 56 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template 07012013 Packet Page -1328- 5/13/2014 16.D.24. Cesar Cry Adrrinisbadve SewIces O'nrision Pug Attachment 12: Section 3 Affidavit and Certification Solicitation#14-6259 NSP Multi-Family Property and Program Assumption This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and to business concerns which provide economic opportunities to low-and very-low income persons. A Section 3 business concerned is defined as follows: 1. That is 51 percent or more owned by Section 3 residents; or 2. Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two above. In conformance with Section 3 federal regulations (24 CFR Part 135), Collier County shall direct efforts to award Section 3 covered contracts, to the greatest extent feasible, to Section 3 business concerns in the order of priority listed below: 1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located; 2. Category 2 businesses: Applicants(as this term is defined in 42 U.S.C. 12899) selected to carry out HUD HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs; 3. Category 3 businesses: Other Section 3 business concerns. A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is a Section 3 business concern as described above. Vendor Name: // Rep f 14.<-4-'V'S Date: 8N— IL( Address: 2D 13 t ( O 1.2 -7 ^/1 r e c f_ ( d P' Signature: Title: )111e,C . STATE OF FLORIDA [a-COLLIER COUNTY ❑LEE COUNTY S . , to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of 4/S4 _ , 20 Iri„ 4.4,4 1141 _: _.. My Commission Expires: /k43 �7 Nota - blic ,,pqY PV '•• DONNA J NIROOMAND I. • „,,A:B� Notary Pubtic • State or Fiori My Comm Expires Nov( , •FFICIAL SEAL) ,, Commission#EE 14887 57 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1329- 5/13/2014 16.D.24. Caciter Cosinry Attachment 13: Current Board Members and Key Personnel ________-1 Board Members Organization's Key Personnel 1 /N) !,,,, c-c--/ r•-,\iik c i k---, , - , p 12\- 1 C ) I 1 . ____i ---N r !L l I 1 ■ --,_ I 1 1 i 5 / ,1 'h4.-- C I ! -- — 1 I — I 1 I I - -__-1__-------__ I 1 I . — -1--- I ; I I I -4- I 1 - , 1 ivK: i__..,_. k -. r„.._= -t -" ' „k• i j '' (Company) .----;..-----.---,,-----__. - ----,e-- ----- - L - : --L - 7.._7:......-- (Sign-ei4re) (Date) (Print Name. 58 14-6259 NSP Multi-Family Property and Program Assumption(Non CC-NA)Temotate_07012013 Packet Page -1330- 5/13/2014 16.D.24. Grant#B-08-UN-12-0003 CFDA/CSFA# 14.218 Developer—NR Contractors Inc. DUNS#-842006868 FETI#-65-0363958 Fiscal Year End: 9/30 Monitor End: 11/2029 AGREEMENT BETWEEN COLLIER COUNTY AND NR CONTRACTORS, INC. THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and N R Contractors, Inc. ("Developer"), having its principal office at P.O. Box 110127, Naples, Florida 34108. WHEREAS, the County has applied for and been awarded funds from the U.S. Department of Housing and Urban Development under Title III of Division B of the Housing and Economic Recovery Act of 2008 "HERA", as amended; and WHEREAS, the County has used Neighborhood Stabilization Program (hereinafter, "NSP") funds to acquire certain real property located in Collier County for the purpose of providing affordable rental housing opportunities to benefit low-moderate- and middle-income persons and families; and WHEREAS, the Developer has submitted a proposal for participation in the Collier County NSP program; and WHEREAS, the County and Developer wish to set forth the responsibilities and obligations of each in undertaking the NSP Gilchrist Apartments Project; and WHEREAS, the County desires to engage the Developer to implement rehabilitation and property management of the Gilchrist Apartments for the NSP Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 1 of 42 Packet Page-1331- �-d 5/13/2014 16.D.24. PART I SCOPE OF WORK The Developer shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing NSP assistance, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the NSP program, will convey to the Developer six (6) multi-family residential properties; each property consists of two (2) units, for a total of twelve (12) units. The Developer will engage in rehabilitation activities on the twelve (12) units to bring them up to the level detailed in the County's rehabilitation standards, 2010 Florida Building Code, and Federal Housing Quality Standards. The County requires that all costs be borne by the Developer to finish the complete rehabilitation of the units. The Developer will also be required to provide property management services and continuing maintenance of the properties. Activities shall be provided in accordance with the terms and conditions of RFP #14- 6259, NSP Multi-Family Property and Program. Assumption, and the Developer's proposal referred to herein and made an integral part of this agreement. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Developer must deliver to II1IVS for approval a detailed project schedule for the completion of the rehabilitation of the properties. B. The following resolutions and policies must be adopted by the Developer's governing body within thirty (30) days of conveyance: 1. Affirmative Fair Housing Policy 2. Affirmative Action/Equal Opportunity Policy 3. Conflict of Interest Policy 4. Equal Opportunity Policy 5. Residential Anti-displacement and Relocation Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 8. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 9. Rental Housing Plan, Procedures and Forms (Section 5.4 of Agreement) 1.2 PROJECT DETAILS N R Contractors,Inc. NSI'I Gilchrist Apartment Rehabilitation Page 2 of 42 Packet Page-1332- 5/13/2014 16.D.24. A. Project Description Improvements Federal Funds Project Component l: Rehabilitation and Management of the Gilchrist $0.00 Apartments. Total: $0.00 The units will be rehabilitated to improve the property standards to conform with HQS Standards, HHVS rehabilitation standards, and the 2010 Florida Building Code Standards. The Developer will accomplish the following project tasks: Project Tasks 1. Developer will pay all closing costs related to the conveyance of the properties. 2. Maintain and provide to the County resident income certification documentation 3. Provide quarterly reports on progress and national objectives 4. Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation. 5. Identify Lead Project Manager 6. Provide Site Design and Specifications 7. Comply with Davis Bacon Labor Standards 8. Provide Certified Payroll weekly throughout construction and rehabilitation 9. Provide interior and exterior rehabilitation, as approved by the County 10. Maintain current leased rent amounts and agreements for a period of no less than one year from the execution of this agreement. 11. Comply with Uniform Relocation Act (URA) if necessary 12. Provide property landscaping 13. Ensure at least one unit is 504/ADA accessible 14. Ensure the fifteen(15) year affordability period for the units is met B. National Objective The NSP program funds awarded to Collier County must benefit low-moderate-and middle income persons (LMMI). As such the Developer shall be responsible for ensuring that all tenants and beneficiaries meet the definition low income households. Low income households are those whose household income is 50% of area median income or less. N R Contractors,Inc, NSP I Gilchrist Apartment Rehabilitation Page 3 of 42 I Packet Page -1333- 5/13/2014 16.D.24. C. Project Outcome The Developer will completely rehabilitate the 12 units (to include but not limited to the replacement of appliances, installation of central air conditioning, roof, landscaping, window and door replacement), provide property management services and ongoing maintenance for fifteen (15) year affordability period of the project. The properties will be deed restricted for the fifteen (15) year affordability period subject to all NSP 1 regulations and requirements. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within thirty (30) days of (Section 1.1) agreement Agreement Execution Insurance Insurance Certificate Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule Within thirty (30) days of _ Agreement Execution Project Plans And Specifications Site Plans and Rehabilitation Prior to Construction Start Specifications Submission of Progress Report Exhibit B &C Monthly until completion of rehabilitation. Quarterly Reports until full occupancy. Annually thereafter until 2029 Financial and Compliance Audit Exhibit E Annually one hundred eighty (180)days after FY end Continued Use Certification Continued Use Affidavit Annually until 2029 Revenue Plan for Maintenance Plan approved by the County Initial plan due after completion and Capital Reserve of rehabilitation and annually thereafter until 2029 1.3 TIME OF PERFORMANCE Services of the Developer shall start effective the date of the execution of this agreement. The fifteen (15) year affordability period shall commence upon full occupancy of the twelve (12) units. 1.4 AGREEMENT AMOUNT The Developer is required to use private funds for the rehabilitation and on-going maintenance of the properties. The Developer may request future federal funds to be used for construction, however this agreement in no way guarantees future Federal funding awards or Federal funding opportunities to the Developer. This agreement does not grant County funds to N R Contractors,Inc. NSP1 Gilchrist Apartment Rehabilitation Page 4 of 42 S Packet Page-1334- 5/13/2014 16.D.24. the Developer for this project. 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR Part 85 and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 24 CFR Part 85. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement or the Admin Plan. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: geoffreymagon @colliergov.net Telephone: (239)252-6141 DEVELOPER ATTENTION: Ray Musilmani, Project Manager NR Contractors Inc. PO Box 110127 Naples, Florida 34108 Email: raymus @comcast.net Telephone: (239) 597-9083 N R Contractors.Inc. NSP I Gilchrist Apartment Rehabilitation Page 5 of 42 Packet Page -1335- 5/13/2014 16.D.24. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the DEVELOPER shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 2.2 RECORDS AND DOCUMENTATION The DEVELOPER shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by CDBG regulations. B. DEVELOPER shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the DEVELOPER for the purpose of this Agreement shall be made available to the COUNTY by the DEVELOPER at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the DEVELOPER shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 6 of 42 Packet Page -1336- 5/13/2014 16.D.24. where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the DEVELOPER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The DEVELOPER 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. DEVELOPER shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the DEVELOPER shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The DEVELOPER will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The DEVELOPER agrees that HHVS shall be the final arbiter on the DEVELOPER's compliance. G. The DEVELOPER shall document how the National Objective(s) as defined in Title III of Division B of the Housing and Economic Recovery Act of 2008 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. H. DEVELOPER shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. DEVELOPER shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, DEVELOPER shall submit an annual audit report and monitoring report (Exhibit E) to the COUNTY no later than one hundred eighty (180) days after the DEVELOPER's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The DEVELOPER agrees that I-IHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The DEVELOPER shall, upon the N R Contractors,Inc. NSF I Gilchrist Apartment Rehabilitation Page 7 of 42 O Packet Page -1337- 5/13/2014 16.D.24. request of HHVS, submit information and status reports required by HHVS or HUD to enable IIHVS to evaluate said progress and to allow for completion of reports required. The DEVELOPER shall allow HHVS or HUD to monitor the DEVELOPER on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the DEVELOPER based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the DEVELOPER within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. DEVELOPER agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office,the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS)has adopted an escalation policy to ensure continued compliance by recipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The County may require upwards of five percent(5%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity may be considered in violation of Resolution No. 2013-228 N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 8 of 42 Or' Packet Page -1338- 5/13/2014 16.D.24. 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail;the Department may require a portion of the awarded grant amount or the amount of the NSP investment for acquisition of the properties conveyed, be returned to the Department. o The Department may require upwards of ten percent (10%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution No. 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant,the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties. o The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non- compliant, the above sanctions may be imposed across all awards at the Director's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, DEVELOPER shall submit quarterly progress reports to the COUNTY on the 101h day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the DEVELOPER also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "B". Exhibit "B" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 9 of 42 Go) Packet Page-1339- 5/13/2014 16.D.24. PART HI TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The DEVELOPER agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the DEVELOPER does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the DEVELOPER does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 and (3) DEVELOPER is not required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The NSP program was funded through Title III of Division B of the Housing and Economic Recovery Act (HERA) of 2008, as amended. The NSP program through HERA is regulated by CDBG provisions. The DEVELOPER also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The DEVELOPER further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The DEVELOPER shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the DEVELOPER is an independent contractor. 3.4 AMENDMENTS The COUNTY or DEVELOPER may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or DEVELOPER from its obligations under this Agreement. N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 10 of 42 z Packet Page -1340- 5/13/2014 16.D.24. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and DEVELOPER. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the DEVELOPER all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the DEVELOPER agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and for County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to DEVELOPER under the terms of this Agreement. There are no funds being granted in association with this Developer Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the DEVELOPER shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the DEVELOPER or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the DEVELOPER in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The DEVELOPER shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 11 of 42 (6—) Packet Page -1341- 5/13/2014 16.D.24. The DEVELOPER agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the DEVELOPER for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the DEVELOPER. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the DEVELOPER, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by DEVELOPER shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure,for any reason, of the DEVELOPER to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the DEVELOPER to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the DEVELOPER of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the DEVELOPER relating to the project. N R Contractors,roc. NSF I Gilchrist Apartment Rehabilitation Page 12 of 42 f �Y,! Packet Page -1342- "��..•�� 5/13/2014 16.D.24. In the event of any default by DEVELOPER under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by DEVELOPER to the County of all CDBG funds DEVELOPER has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to DEVELOPER of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, DEVELOPER shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the DEVELOPER shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.10 INSURANCE DEVELOPER shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The DEVELOPER agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). N P.Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 13 of 42 Packet Page-1343- 5/13/2014 16.D.24. 3.12 PURCHASING Developers are not required to follow Federal Procurement regulations. 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. A Developer is considered to be an end use beneficiary and therefore does not generate Program Income. A Developer may generate revenue and is entitled to any revenue generated through the operation and management of the Gilchrist Apartments. The DEVELOPER will be required to submit an annual Revenue Plan for Maintenance and Capital Reserves. 3.14 GRANT CLOSEOUT PROCEDURES DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements are completed. The Developer may close out the project with the County after the fifteen (15) year affordability period has been met. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the DEVELOPER shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the DEVELOPER is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. DEVELOPER shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The DEVELOPER 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 N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 14 of 42 Packet Page-1344- 5/13/2014 16.D.24. awarded contracts in connection with the project. The DEVELOPER shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The DEVELOPER will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The DEVELOPER may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "B" of this Agreement. 3.18 AFFIRMATIVE ACTION The DEVELOPER agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the DEVELOPER to assist in the formulation of such program. The DEVELOPER shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The DEVELOPER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the DEVELOPER. The DEVELOPER N R Contractors,Inc. NSE'1 Gilchrist Apartment Rehabilitation Page 15 of 42 Packet Page -1345- 5/13/2014 16.D.24. covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the DEVELOPER or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum. opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. The DEVELOPER will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the DEVELOPER. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit DEVELOPER's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the DEVELOPER or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an 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. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The DEVELOPER shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. N R Contractors,Inc, NSPI Gilchrist Apartment Rehabilitation Page 16 of 42 V2). Packet Page -1346- 5/13/2014 16.D.24. 3.21 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. Remainder of Page Intentially Left Blank N R Contractors, inc. NSPI Gilchrist Apartment Rehabilitation page 17 of 42 Packet Page-1347- 5/13/2014 16.D.24. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://w ww.law.cornell.edu/cfr/text/24/part-5 70 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cai-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr58 main 02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.eov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. littp://www.laud.2ov/offices/fheo/librarv/huddojstatemerit.pdf E.O. 11063 —Equal Opportunity in Housing http://portal.hud.gov/hudportal/I-1UD?src=/program offices/fair housing equal opp/FH Laws/EXO 11063 E.O. 11259 - Leadership &Coordination of Fair Housing in Federal Programs http://ww w.archives,uov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.eov/hudportal/IIUD?src=/program offices/fair housing equal opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkiz/CFR-2007-ti tl e24-vol3/pdf/CFR-2007-title24-vol3- sec570-602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246:http://www.eeoc.aov/eeoc/history/3Sthlthelaw/eo-11246.htrnl EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The DEVELOPER will, in all solicitations or N R Contractors,loc. N SP I Gilchrist Apartment Rehabilitation Page 18 of 42 Packet Page-1348- 5/13/2014 16.D.24. advertisements for employees placed by or on behalf of the DEVELOPER, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the DEVELOPER and any of the DEVELOPER's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the DEVELOPER and any of the DEVELOPER's Sub- recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The DEVELOPER certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The DEVELOPER further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from IIUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The DEVELOPER further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to Iow- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 19 of 42 (c. r} Packet Page-1349- 5/13/2014 16.D.24. The DEVELOPER certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/egi- bin/text-idx?c=ecfr&tpl=/ecfibrowse/Title24/24cfr135 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 -http://www.dol.gov/oasam/regs/statutes/age act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal o pp/FHLaws/EXO 11063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375: Amended by EO 11478 11478: http://www.archives.eov/federal-register/codification/executi ve-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.htrnl 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.aov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.uov/realestate/ua!index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.thwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work. Financed in whole or in part byLoans or Grants from the United States- http:/Iwww.law.cornel1.edulcfr!text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 N R Contractors,Inc. NSP 1 Gilchrist.Apartment Rehabilitation Page 20 of 42 Packet Page-1350- 5/13/2014 16.D.24. Executive Order 11914- Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45: No reference found 4.17 The DEVELOPER agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.corn/pe02-192.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. http://www.nebi.nlm.nih.gov/pubmed/12289709 4.-1-9-21 CFR 81 Uniform Administrative Requirements for Grants and Agreements with• 4- . . - . . -_ .: - . : - .. . .- .. . 4 :. :4 • Subpart A General; • Subpart B Pre Award Requirements, except for 81.12, Forms for Applying for Federal Assistance; • Subpart C Post Award Requirements, except for: •• ! : . - -alcing payments to DEVELOPERs; o Section 84.23, Cost Sharing and Matching; o Section 81.21, Program Income in lieu of 81.21 CDBG DEVELOPERs shall follow 570.504; - :i I ! . I . o Section 81.32, Real Property In lieu of 81.32, CDBG DEVELOPERs shall follow 570.505; o Section 84.31(g), Equipment In lieu of the disposition provisions of 81.34(g) the following applies: In all cases in which equipment is sold, the proceeds shall be program income (pro rated to reflect the extent to which CDBG funds were used to acquire the equipment); and N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 21 of 42 Packet Page -1351- 3 5/13/2014 16.D.24. •--E(*p r f i c n t not n . . . . ` - _-' ' - • ' - _ . b- . -- _ :•-- -- ! : - I ! . - . retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (0 and (h), Monitoring and Reporting Program Performance; o Section 81.52, Financial Repert o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b)applies with the following exceptions: The retention period referenced in 84.53(b) pertaining to individual • Tlr - • . •.. .. _ - .. - . . . - -- . .. - • - S S from th- .• - . . - . -• . - • . .. . - award; o Section 84.61, Termination In lieu of the provisions of 84.61, CDBG 4.20 - ' . • . -•-• . • -• . .• - _ . .. . • ----• - . - . - . . . . Governments shall be followed for sub recipicn . . - • --• - • - - • . — - . . - • - . - ! . 4.21 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/th e la w/irca.html 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - http:// www.lawserver.com/Law/state/florida/statutes/florida statutes_chapter 112 part iii Collier County- http://bccsp0 l/SiteDirectoiy/A SD/HR/labor/CMAs/Shared%20Documents/CMA%205 31 1.1%20Standards%20of%20Conduct.pdf 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents,the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 22 of 42 (.6)Packet Page -1352- 5/13/2014 16.D.24. 4.24 Venue-Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of DEVELOPER with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE DEVELOPER EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.26 The DEVELOPER agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401,et seq. http://www.law.cornell.eduluscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.comell.edu/uscode/text/33/chapter-26 The DEVELOPER agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.comell.edu/uscode/text/33/chapter-26 4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the DEVELOPER 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. http://www.e cfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.28 The DEVELOPER agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 23 of 42 nr Packet Page -1353- 5/13/2014 16.D.24. Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.9&idno=24 4.29 The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/local-law/nhpa1966.htm 4.30 The DEVELOPER must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.v1 ex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.31 The DEVELOPER 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 DEVELOPER shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&idno=24 4.32 The DEVELOPER agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local eovermnents, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government)follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 24 of 42 Packet Page -1354- 5/13/2014 16.D.24. OMB Circular A87: http://www.whitehouse.gov/omb/circulars a087 2004/ OMB Circular A102:http://www.whitehouse.gov/omb/circulars a102/ OMB Circular A21:http://www.whitehouse.gov/omb/circulars a021 2004/ OMB Circular A110:http://www.whitehouse.gov/omb/circulars al 10/ OMB Circular A122: http://www.whitehouse.gov/omb/circulars a122 2004/ 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the DEVELOPER's fiscal year. The DEVELOPER shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.34 Any real property acquired by the DEVELOPER for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the DEVELOPER control, which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.comell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the DEVELOPER certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a), Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133 4.36 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 N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 25 of 42 (c Packet Page-1355- -=' 5/13/2014 16.D.24. into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all DEVELOPERS shall certify and disclose accordingly. 4.37 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.40 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/floridastatutes 119-021 4.41 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us'Statutes/index.cfin?App mode—Display Statute&URL=0100- 0199/0119/Sections/0119.07.html N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 26 of 42 (;r- t Packet Page-1356- 5/13/2014 16.D.24. PART V NSP Definitions & Requirements 5.1 Definitions I. "Abandoned" refers to homes or residential properties that either a) mortgage, tribal leasehold, or tax payments are at least 90 days delinquent, or b) a code enforcement inspection has determined that the property is not habitable and the owner has taken no correction actions within 90 days of notification of the deficiencies, or c) the property is subject to a court-ordered receivership or nuisance abatement related to abandonment pursuant to state or local law or otherwise meets a state definition of an abandoned home or residential property. 2. "Appraisal" means an appraisal which meets the criteria specified in the Uniform Relocation Assistance and Real Property Acquisition Policies Act ("URA"), as further defined in 49 CFR 24.103. 3. "Blighted structure" means a structure that exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare as more particularly described in Section 163.340(8),Florida Statutes. 4. "CDBG Act"means the Housing and Community Development Act of 1974, Pub. L. No. 93-383, as amended. Unless otherwise noted in the Housing and Economic Recovery Act ("HERA"), as amended, and the alternative requirements in the NSP-1 Notices, NSP-1 is governed by the CDBG regulations. 5. "Current market appraised value" means the value of a property that is established through an appraisal made in conformity with either: 1) the appraisal requirement of the URA at 49 CFR 24.103, or 2) the Uniform Standards of Professional Appraisal Practice ("USPAP"), or 3) the appraisal requirements of the Federal Housing Administration ("FHA") or a government sponsored enterprise ("GSE"); and the appraisal must be completed or updated within 60 days of a final offer made for the property by a grantee, subrecipient, developer, or individual buyer. However, if the anticipated value of the proposed acquisition is estimated at $25,000 or less, the current market appraised value of the property may be established by a valuation of the property that is based on a review of available data and is made by a person the grantee determines is qualified to make the valuation. 6. "Eligible Costs" means costs for the activities specified in Section 5.2 of this Agreement for which NSP-1 funds are budgeted, provided that such costs (i) are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and(ii) conform to all NSP-1 requirements. 7. "Environmental Requirements" means the requirements described in 24 CFR Part 58. 8. "Foreclosed" refers to a home or residential property if any of the following conditions apply: (a) the property's current delinquency status is at least 60 days delinquent under the Mortgage Bankers of America delinquency calculation and the owner has been notified; (b)the property owner is 90 days or more delinquent on tax payments; (c) under state, local, or tribal law, foreclosure proceedings have been initiated or completed; or (d) foreclosure proceedings have been completed and title N R Contractors,Inc. NSP l Gilchrist Apartment Rehabilitation Page 27 of 42 Cal Packet Page -1357- 5/13/2014 16.D.24. has been transferred to an intermediary aggregator or servicer that is not an NSP-1 grantee, contractor, subrecipient, developer, or end user. 9. "HERA" means the Neighborhood Stabilization Program ("NSP-1") found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. 10. "HUD" means the United States Department of Housing and Urban Development. 11. "Land bank" means a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property. For the purposes of the NSP-1, a land bank will operate in a specific, defined geographic area. It will purchase properties that have been abandoned or foreclosed upon and maintain, assemble, facilitate redevelopment of, market, and dispose of the land-banked properties. If the land bank is a governmental entity, it may also maintain abandoned or foreclosed property that it does not own, provided it charges the owner of the property the full cost of the service or places a lien on the property for the full cost of the service. 12. "LMMI" is a HUD-defined term incorporating households with eligible incomes (at or below 120%of area median, based on household size and county), including low-, moderate-, and middle-income, in referring to the national objective of the CDBG program. 13. "Low-Income Set-Aside" refers to the HERA requirement that not less than 25 percent of the funds NSP-1 funds to the GRANTEE shall be used for the purchase and redevelopment of abandoned or foreclosed upon homes or residential properties that will provide permanent housing to individuals or families whose incomes do not exceed 50 percent of area median income. 14. "NSP-1 Notice" refers to the alternative requirements for NSP-1 issued by HUD in the Federal Register on October 6, 2008, as modified in the Bridge Notice issued on June 19, 2009, and the Unified Notice issued on October 19,2010. 15. "NSP-1 Funds" mean those funds to be provided by the GRANTEE pursuant to the terms of the NSP1 agreement with the Department of Housing and Urban Development. 16. "Program Income" means the NSP-1 portion of any proceeds received by the DEVELOPER and repaid to the GRANTEE. 17. "PROJECT" means the activities described in PART I of this Agreement which are to be carried out to meet the objectives of the NSP-1. 18. "Purchase Discount" means the minimum discount percentage from the current market- appraised value under which a property may be purchased. Under HUD Notice FR-5255—N-02, the purchase discount for NSP-1 is "at least 1 percent from the current market-appraised value of the home or property." 19. "Vacant properties" includes both vacant land and properties with vacant structures on the land. 5.2 Eligible Use a. NSP-Eligible Use(B)—Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 28 of 42 Packet Page -1358- 5/13/2014 16.D.24. • 24 CFR 570.201(a) Acquisition, (b) Disposition, (i) Relocation, and (n) Direct homeownership assistance(as modified below): o 24 CFR 570.202 eligible rehabilitation and preservation activities for homes and residential properties. o HUD notes that any of the activities listed above may include required homebuyer counseling as an activity delivery cost. b. NSP-Eligible Use(E)—Redevelop demolished or vacant properties as housing. • 24 CFR 570.201(a) Acquisition, (b) Disposition, (c) Public facilities and improvements, (e) Public services for housing counseling, but only to the extent that counseling beneficiaries are limited to prospective purchasers or tenants of the redeveloped properties, (i) Relocation, and (n) Direct homeownership assistance(as modified below): o 24 CFR 570.202 Eligible rehabilitation and preservation activities for demolished or vacant properties. o 24 CFR 570.204 Community based development organizations. o HUD notes that any of the activities listed above may include required homebuyer counseling as an activity delivery cost. 5.3 Developer Entities a. DEVELOPER Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and contractors. Developers may receive NSP funds from the Grantee. Developer-led rehabilitation is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR 570.204, or the NSP notice published on October 6, 2008, as amended. Entities designated as developers: • Do not have to follow federal procurement rules; • May charge developer fees; • Do not have to follow OMB Circulars; • Developers are subject to OMB A-133 if applicable, otherwise must provide audited financials. • Are not required to treat revenues as program income 5.4 Rehabilitation or Redevelopment NSP assisted property subject to this Agreement shall be rehabilitated or redeveloped to the extent necessary to comply with applicable laws, codes and other requirements related to housing safety, quality, and habitability in order to sell, rent, or redevelop such N R Contractors,Inc. NSP1 Gilchrist Apartment Rehabilitation Page 29 of 42 Packet Page -1359- 5/13/2014 16.D.24. homes and properties. Developer led rehabilitation is undertaken pursuant to 24 CFR 570.202(b)(l). Pursuant to the Grantee's NSP-1 action plan,NSP assisted property is required to meet or exceed local and state building codes; the current code applied in Collier County is 2010 Florida Building Code. Furthermore, HERA defines rehabilitation to include improvements to increase the energy efficiency or conservation of such homes and properties or to provide a renewable energy source or source for such homes and properties. Toward the goal of renting out the available units to eligible applicants,the major tasks that the Developer intends to perform include,but are not necessarily limited to, the following: I. Rental Housing program plans, procedures and forms: Rental housing program design and procedures, including any necessary forms, documents or contracts, will be established. 2. Outreach: Sufficient advertisement of the rental housing program and other forms of outreach will be conducted to ensure that eligible applicants participate in the program. 3. Intake/Assessment of Eligibility: A written Tenant Selection Plan will be put in place that establishes eligibility requirements, income limits,procedures for accepting applications and selecting from the waiting list, and preferences, in accordance with all HUD and HIPPA regulations. 4. Maintenance of Case Files and Records: All necessary case files and records such as applicant information, documentation of eligibility, and monthly rent payments will be maintained and regular reports to the County will be provided as requested. 5. Property Management/Maintenance: Responsibility for management and maintenance of the property, including any future improvements or rehabilitation. 5.5 One-for-One Replacement As part of NSP program waivers the Grantee and Developer are not required to meet the requirements of 42 U.S.C. 5304(d) as implemented at 24 CFR 42.375,which mandates one-for- one replacement of low- and moderate income dwelling units that are demolished or converted for activities assisted with NSP funds. The Developer may only decrease the number of units in an effort to comply with Section 504 and ADA requirements. The Developer may only decrease the number of units with advance formal and expressed permission from 1-IHVS. 5.6 Affordable Rental Requirements The maximum monthly rent for units leased to persons at or below 50% of Area Median Income will be the higher of: N R Contractors,Inc. NSP Gilchrist Apartment Rehabilitation Page 30 of 42 Packet Page-1360- 5/13/2014 16.D.24. a. The low HOME Rent limit for the HOME Partnership Program as published by the United States Department of Housing and Urban Development less the cost of any tenant paid utilities: or b. 30%of the persons income as determined by the Developer; or c. If the Eligible Persons receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority 5.7 Affordability Requirements GENERAL Developer will ensure that all properties subject to this Agreement comply with the affordability provisions of the HOME Investment Partnerships Program as contained in 24 CFR 92.254 relating to qualification as affordable housing for homeownership. The Developer, at its sole discretion, may impose greater restrictions so long as the restrictions are at level at or above those of the HOME Investment Partnerships Program. HOMEOWNERSHIP: LONG TERM AFFORDABILITY The NSP-assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per unit amount of NSP funds and the affordability period that they trigger are described more fully below under Resale Provisions. Homeownership assistance NSP Minimum period of amount per-unit affordability in years Under $15,000 5 $15,000 to 10 $40,000 Over 15 $40,000 Resale provisions are as follows [24 CFR 92.254 (a)(5)(i): (i) Resale. Resale requirements must ensure, if the housing does not continue to be the principal residence of the family for the duration of the period of affordability that the housing is made available for subsequent purchase only to a buyer whose family qualifies as a low-income family and will use the property as the family's principal residence. The resale requirement must also ensure that the price at resale provides the original HOME-assisted owner a fair return on investment (including the homeowner's investment and any capital improvement) and ensure that the housing will remain affordable to a reasonable range of low- income homebuyers. The participating jurisdiction must specifically define "fair return on investment" and "affordability N R Contractors,Inc. NSP1 Gilchrist Apartment Rehabilitation Page 31 of 42 Packet Page -1361- 5/13/2014 16.D.24. to a reasonable range of low-income homebuyers," and specifically address how it will make the housing affordable to a low-income homebuyer in the event that the resale price necessary to provide fair return is not affordable to the subsequent buyer. The period of affordability is based on the total amount of HOME funds invested in the housing. 5.8 Legal Descriptions The following site-specific list of properties is associated with this Agreement and ownership to such will be transferred from Grantee to Developer. 1. Lot 5, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida; Parcel No. 62261280005 (5318 Gilchrist Street,Naples,FL 34113) 2. Lot 6, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261320004 (5322 Gilchrist Street, Naples, FL 34113) 3. Lot 7, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261360006 (5326 Gilchrist Street, Naples, FL 34113) 4. Lot 8, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261400005 (5330 Gilchrist Street, Naples, FL 34113) 5. Lot 9, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261440007 (5334 Gilchrist Street,Naples, FL 34113) 6. Lot 10, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261480009 (5340 Gilchrist Street, Naples, FL 34113) (Signature Page to Follow) N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 32 of 42 rT Packet Page -1362- 5/13/2014 16.D.24. IN WITNESS WHEREOF, the Developer and the County, have each, respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: TOM HENNING, CHAIRMAN N R CONTRACTORS, INC. Dated: (SEAL) By: Ray Muslimani, CEO Witness Name and Title Witness Name and Title Approved as to form and legality: r, Jennifer A. Belpedio °" Assistant County Attorney N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 33 of 42 Packet Page -1363- 5/13/2014 16.D.24. PART VI EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The DEVELOPER shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the DEVELOPER or the licensed design professional employed by the DEVELOPER in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the DEVELOPER and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the DEVELOPER or any person employed by the DEVELOPER in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above,the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) N R Contractors, Inc. NSP I Gilchrist Apartment Rehabilitation Page 34 of 42 Packet Page-1364- 5/13/2014 16.D.24. or structure(s). The policy shall be in the name of Collier County and the DEVELOPER. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Developer shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 35 of 42 Packet Page-1365- 5/13/2014 16.D.24. EXHIBIT "B" REPORTING SCHEDULE The Developer shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October 151—December 3151 January 10th January 315`—March 31st April 10th April 15'—June 30th July 10th July 15t—September 30th October 10t'' NSP-1 DEVELOPER AGREEMENT NR CONTRACTORS Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: GENERAL 1. Activity Status or Milestones — describe any significant actions taken or outcomes achieved during this reporting period. 2. Future Actions — what significant actions or outcomes are expected during the next reporting period? N R Contractors,Inc. NSP1 Gilchrist Apartment Rehabilitation Page 36 of 42 Packet Page-1366- 5/13/2014 16.D.24. 3. Obstacles—describe any potential obstacles, challenges, or issues that may cause delay. ACTIVITY STATUS Complete the following information by entering the appropriate numbers for this reporting period in the tables below. Do not duplicate information from previous reporting periods. Activity This Reporting Period No. Active Projects No. Projects Complete No. Properties Demolished No. Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data This Reporting Period No. Extremely-Low Income Households(0-30%AMI) No. Very-Low Income Households(31-50% AMI) No. Low-Income Households(51-80%AMI) No. Moderate-Income Households (81-120%AMI) No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES Race Total No.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 N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 37 of 42 Packet Page -1367- 5/13/2014 16.D.24. EXHIBIT "C" QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Disaster Recovery Grant Reporting System ("DRGR") Quarterly Performance Reports ("QPR"). To facilitate in the preparation of such reports, Developer shall submit the information contained herein within ten (10) days of the end of each calendar quarter. 1. OVERALL PROGRESS NARRATIVE Describe overall progress made in operating the NSP. 2. FINANCIAL DATA Provide (a) number of properties acquired, (b)program funds expended, and (c) program funds obligated. 3. ACTIVITY PROGRESS NARRATIVE Described progress made within the following three (3) activities: (a) acquisition, rehabilitation, resale LMMI, (b) acquisition rehabilitation, resale LH25, and (c) land bank. 4. PROPERTY DATA Provide the address of each property where funds were expended or obligated this reporting period. 5. DEMOGRAPHIC DATA Provide the following data for each household assisted this reporting period: (a) race, (b) Hispanic/Latino (yes/no), (c) female head of household (yes/no), and (d) income level. N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 38 of 42 -A( Packet Page-1368- 5/13/2014 16.D.24. EXHIBIT "D" INCOME CERTIFICATION INSTRUCTIONS Submit completed form, including appropriate supporting documentation, to Grantee to obtain approval prior to the sale of a property associated with this Agreement to an eligible person or household. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 2 3 4 5 6 7 8 Total Cash Value of Assets 13(a) ._ Total Income from Assets B(b) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c), otherwise leave blank. B(c) N R Contractors,Inc. NSP I Gilchrist Apartment Rehabilitation Page 39 of 42 Packet Page -1369- 5/13/2014 16.D.24. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses,and Income overtime) (Enter the greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 7 8 Totals (a) (b) (c) (d) (e) Enter total of items C(a)through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 40 of 42 Packet Page -1370- 5/13/2014 16.D.24. E. NSP Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the NSP. The family or individual(s) constitute(s) a: Very-Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Low-Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Moderate-Income (MOD) Household means and individual or family whose annual income does not exceed 120 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA) of Collier County, Florida. Signature of the NSP Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age Native American Asian Black Hawaiian or White 6')+ 0— 26— 41 — 6?+ Indian Other Pac. er 25 40 61 Islander Hispanic Non- Hispanic NOTE:hnformatiot concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has an occupant. N R Contractors,Inc. NSPI Gilchrist Apartment Rehabilitation Page 41 of 42 Packet Page-1371- 5/13/2014 16.D.24. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Name Fiscal Year Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. El We are not subject to the requirements of OMB Circular A-133 because we: El Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. N R Contractors,Inc. NSP1 Gilchrist Apartment Rehabilitation Page 42 of 42 Packet Page-1372- 5/13/2014 16.D.24. GRANT FUNDED REQUEST FOR PROPOSAL Cote Aci raistra'ave Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 14-6259 NSP Multi-Family Property and Program Assumption Joanne Markiewicz, Director, Procurement Services Joannemarkiewicz @colliergov.net, Email Address (239) 252- 8975, Telephone Number (239) 252- 6480, FAX Number This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. ar•i s:}.r.t- • 'Tan rrn..rai;East t;ap.es o 'a 34112-49U1 vv,:r c.l;iergca r a.cu ^asinq Grant Funded RFP(Non CCNA)Template_01012014 Packet Page -1373- 5/13/2014 16.D.24. Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 REFERENCE FORM 15 EXHIBITS IA, IB AND IC 17 EXHIBIT II: GENERAL RFP INSTRUCTIONS 18 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 22 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 26 ATTACHMENT 1: DEVELOPER'S NON-INTEREST STATEMENT 35 ATTACHMENT 2: DEVELOPER CHECK LIST 36 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 37 ATTACHMENT 4: VENDOR DECLARATION STATEMENT 38 ATTACHMENT 5: IMMIGRATION LAW AFFIDAVIT CERTIFICATION 40 ATTACHMENT 6: VENDOR SUBSTITUTE W—9 41 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 42 ATTACHMENT 8: GRANT AGENCY REQUIREMENTS 44 ATTACHMENT 9: ACKNOWLEDGEMENT OF RELIGIOUS ORGANIZATION REQUIREMENTS 50 ATTACHMENT 10A: CERTIFICATION OF DEBARMENT, SUSPENSION, INELIGIBILITY FOR ORGANIZATION 51 ATTACHMENT 10B: CERTIFICATION OF DEBARMENT, SUSPENSION, INELIGIBILITY FOR BOARD, EXECUTIVE DIRECTOR, EMPLOYEE OR SUPERVISOR 54 ATTACHMENT 11: CERTIFICATION OF FAIR HOUSING 56 ATTACHMENT 12: SECTION 3 AFFIDAVIT AND CERTIFICATION 57 ATTACHMENT 13: CURRENT BOARD MEMBERS AND KEY PERSONNEL 58 2 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1374- 5/13/2014 16.D.24. Legal Notice Sealed Proposals to assume ownership, rehabilitate and perform property management of property and to operate as affordable rental housing. will be received until 12 Noon, Naples local time, on 4/8/2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 14-6259 NSP Multi-Family Property & Program Assumption Services to be provided may include, but not be limited to the following: assumption of ownership, rehabilitation and property management for affordable housing. A non-mandatory pre-proposal conference will be held on 3/13/2014, commencing promptly at 9AM Naples Local Time, and will be held in the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Immediately following this meeting a walk through of the Gilchrist properties will take place. All proposal statements will be made using the Request for Proposal format obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 on 3/6/2014. .la r as e D'earn 1i•2301 Tam.am Tra l E?s? Naples ;oriva 2L‘1112 wow c oltergm,r 5t purcha s rrc 3 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1375- 5/13/2014 16.D.24. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Housing, Human and Veterans Services Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Ordinance. Brief Description of Purchase The County has acquired residential properties and is seeking a Developer(s) to assume ownership, rehabilitate and perform property management of property and to operate as affordable rental housing. The Developer(s), at a minimum, must achieve the requirements of the specifications or scope of work stated herein. Background The Housing and Economic Recovery Act, 2008 (hereinafter, "HERA"), as amended, established the Neighborhood Stabilization Program (hereinafter, "NSP") to provide emergency assistance in the redevelopment of abandoned and foreclosed homes. Funds are used primarily to acquire and rehabilitate abandon and foreclosed homes that are contributing to neighborhood decline, blight, and instability. The County used NSP program funds to acquire, and maintain six (6) multi-family residential properties that have been identified as available for Developer(s) to assume ownership and property management of property and to operate as affordable rental housing in conformance with the requirements of the NSP. The available properties are located at the following addresses: 5318, 5320, 5322, 5324, 5326, 5328, 5330, 5332, 5334, 5336, 5338, and 5340 Gilchrist Street, Naples, Fl 34113 (the Property) in unincorporated Naples Manor. HERA provides that NSP funds are generally to be construed as Community Development Block Grant (hereinafter, "CDBG") funds, and as such, all activities performed shall be in conformance with applicable Federal requirements. As grantee, the County is responsible for monitoring the six (6) multi-family residential properties associated with this RFP for compliance with NSP rules, regulations, and statutes. Detailed Scope of Work The County acquired six (6) multi-family residential properties each containing two (2) units for a total of twelve (12) units. The County is seeking a developer in which to convey ownership of this property, rehabilitate and perform property management of six (6) multi-family properties and to operate as affordable rental housing in conformance with the requirements of the NSP through one of the three options listed below. These options were developed in conjunction with 4 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1376- 5/13/2014 16.D.24. participation from the contractor/developer community at a publicly posted meeting on March 4, 2014. Final option selection will be made by Collier County in the best interest of the County. Option 1: The County will convey the property "as-is" with no County renovation dollars. Option 2: The County will fund and complete selected renovations determined by the County [for approximately $230,000] prior to the conveyance; once renovations are complete, the County will immediately convey the property to the developer"as-is." Option 3: The County conveys the property, inclusive of a "50/50" match option as described. The County will provide two hundred thousand dollars ($200,000) to the Developer to carry out rehabilitation activities in each of the twelve (12) units in accordance with County approved Housing Quality Standards (HQS). The County requires that the Developer match two- hundred thousand ($200,000) of its own funds to be used additionally for rehabilitation activities on the six (6) multi-family properties for a total of four-hundred thousand dollars ($400,000)to be invested on the six (6) multi-family residences. Should the County choose to award the proposal to multiple Developers; each Developer will receive a pro-rata share of NSP funds based on the amount of properties disposed of to them by the County to engage in rehabilitation activities. Each Developer will be required to obligate private funds in the amount of a one-to-one (1:1) match to any funds the Developer is obligated to receive from the County to engage in rehabilitation activities. The use of these private funds will continue to be the performance of rehabilitation activities upon the residences. Developer Scope of Work Responsibilities For each of the options: 1. Conveyance of properties will be transferred "as-is." A Developer interested in assuming ownership of property to operate as affordable rental housing will, prior to transfer of ownership, be required to execute an Agreement and Deed Restriction. The Agreement shall contain the requirements imposed on the Developer(s) by the County to primarily ensure proper compliance, recordkeeping, and property administration. The Deed Restriction shall be recorded against the property and will primarily ensure proper compliance with the NSP income eligibility requirements and affordability period. 2. The Developer(s) will be responsible for all costs associated with the transfer of title from the County to the Developer(s). Cost may include, but not necessarily limited to, title insurance, documentary stamps, intangible tax, and attorney's fees. 3. Once ownership in each property has been transferred to the Developer(s), such properties will be occupied by persons earning not greater than 50% percent of the local area median income. Prior to executing a lease agreement with a prospective tenant, the Developer shall submit to the County evidence of eligibility. No lease agreement may be executed until Developer has been notified by the County in writing that the prospective tenant is NSP-eligible. The Developer shall be responsible for identifying tenants that are NSP-eligible. 5 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1377- 5/13/2014 16.D.24. 4. The Developer will be required to honor all existing leases and rental agreements with the current tenants at the time of transfer of the residences from the County to the Developer. The Developer may not change the terms of any lease or rental agreement for a period of twelve (12) months after transfer of the properties to the Developer. Any change in lease terms must conform to NSP affordable rental policies, rules and regulations. 5. The Developer may not evict any NSP eligible tenant as long as they are in compliance with their lease or rental agreement without due process. Should any persons be considered to be "displaced persons" as dictated by the Uniform Relocation Act (URA) through activities performed by the Developer, the Developer shall be responsible with following the URA guidelines. Any funds required to be used towards URA activities resulting in actions taken by the Developer shall be paid for through private funds of the Developer. Funds provided by the County to the Developer for rehabilitation activities, nor funds provided by the Developer as a match for the purpose of rehabilitation activities, shall be used to fund URA activities unless otherwise specified by the County. 6. In accordance with 24 CFR 570.489(e)(2)(ii) and the alternative Program Income requirements set forth in the "Waivers and Alternative Requirements for Grants Under the Supplemental Appropriations Act, 2008" (Federal Register/Vol. 74, No. 29 Friday, February 13, 2009 / Notices {FR-5256-N-01}), amounts generated by activities eligible under section 105(a)(15) of the Housing Community Development Act ("HCDA") and carried out by an entity under the authority of section 105(a)(15) of the HCDA are not considered Program Income. As such income received by the Developer as a result of revenues from the rent of homes acquired, rehabilitated, and leased under the terms of this agreement are not subject to the CDBG Program Income Requirements; however, the Developer must utilize this income in accordance with the terms and conditions of the re- use plan approved the County. Income generated from the use of NSP funds for activities that do not conform to the provisions of 24 CFR 570.489(e) (2) (ii)will be deemed as NSP Program Income and must be immediately returned to the County. 7. As a condition of award, an Income Use Plan will be required to be prepared and adopted (by a governing board resolution if applicable) by the Developer after Collier County review and approval. This plan will detail the proposed uses of Rental Income in order to ensure that there shall be no undue enrichment on the part of the Developer. 8. To fulfill the Income Use Plan requirement, the Developer will be required to submit an annual pro-forma statement to the County detailing the use of Rental Income earned by the Developer. This will ensure that the Developer continues to carry out property management and maintenance activities on the NSP funded units, while not unduly enriching the Developer. 9. As a part of this scope of work, the resultant contract Developer(s) may be required to undertake the following types of services, and/or materials and supplies, for the operation of affordable rental housing (this list is not fully inclusive, but rather a representative list): a. Market rental units in accordance with Fair Housing and Equal Opportunity requirements b. Show rental units to prospective tenants c. Obtain and process applications, including interviewing and screening prospective tenants d. Develop and use a lease form that complies in all respects with State and local residential tenant/landlord laws 6 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1378- 5/13/2014 16.D.24. e. Certify or re-certify tenants as eligible f. Sign all leases associated with awarded properties g. Collect, deposit, and disburse tenant deposits, if required h. Participate with the tenant in the inspection of each rental unit identified in the lease prior to move-in and upon move-out, and record in writing any damages to the rental unit at the time the tenant moved in and any damage that occurred during the tenant's occupancy i. Ensure that the property is maintained and repaired in accordance, at a minimum, with Housing Quality Standard (HQS) and applicable state and local health and building codes j. Comply with the Uniform Relocation Act. k. Comply with the Davis-Bacon Act. 10. Pursuant to NSP regulations, as codified by the HUD-approved Collier County NSP-1 action plan, all properties assisted with NSP must meet the minimum periods of affordability of the HOME Investment Partnerships Program detailed in 24 CFR 92.252. The subject properties of this RFP must remain affordable for a minimum of fifteen (15) years. 11.Additionally, the awarded Developer(s) shall: a. Comply with all terms and conditions of the Agreement by and between the County and the Developer. b. Provide a "lead" contact person/project manager for the Developer; an individual who shall serve as a first point of contact. c. Comply fully with all local, state and federal laws and regulations, as well as any grant requirements, including grant reporting requirements. d. Comply with Section 3 requirements and to the maximum extent feasible comply with numeric goals as outlined within Section 3 regulations at 24 CFR 135.30 for maintenance and rehabilitation activities. e. Maintain the property in a safe and sanitary condition in compliance with County approved HQS standards. f. Perform rehabilitation on all items identified in the attached property inspection report. The Developer shall be required to submit for review and approval a rehabilitation plan for additional rehabilitation to be performed on the properties. g. Contract with qualified independent developers or contractors for the maintenance and repair of major mechanical systems, and for the performance of extraordinary repairs beyond the capability of regular maintenance personnel. h. Promptly receive and investigate all service requests from tenants and take such action thereon as may be justified. i. Take such action as may be necessary to comply with any and all orders and requirements of federal, state, county, and municipal authorities and of any board of fire underwriters, insurance companies, and other similar bodies. j. Make arrangements for water, electricity, gas, fuel, oil, sewage, and trash disposal, vermin extermination, decoration of the common areas, laundry facilities, telephone services, and other necessary services in connection with the property. k. Acquire and keep in force, at Developer's expense, any and all licenses and permits that may be required for the operation of the property as rental housing. I. Prepare reports required by the County and submit said reports as requested. m. Establish and maintain a system of records, books, and accounts in a manner satisfactory to the County, which is consistent with and for the durations mandated by the affordability period. 7 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1379- 5/13/2014 16.D.24. n. Maintain tenant files containing copies of leases, certification forms, notices, and other documentation that may be required by the County to conform with the NSP. o. The awarded developer shall establish an operating and reserve fund for the operation of any homes assigned as a result of this agreement. p. The developer shall report on a regular basis to Collier County as a requirement of award. For example, the developer may be required to submit monthly progress reports, quarterly financial reconciliations, and annual comprehensive project review. q. Any developer's response to this solicitation will be instantly disqualified if the developer will not ensure that each unit is made available to families whose income is 50% or less of area median income as dictated by HUD's 2012 income limits for Collier County. Contract Term The agreement term, if an award(s) is/are made, is intended to be effective for fifteen (15) years. Properties will be conveyed "as-is" once the County has determined the most viable option. Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 3/6/14 Non-mandatory pre-proposal meeting at the Purchasing 3/13/2014; 9AM Department, 3327 Tamiami Trail E, Naples, Fl 34112 Non-mandatory walk through of homes —initial starting location 3/13/2014; 5318 Gilchrist Street, Naples, Fl 34113 Immediately following the non-mandatory meeting Last Date for Receipt of Written Questions 3/19/2014; 12 Noon, Naples Local Time Addendum Issued Resulting from Written Questions or Pre- 3/21/2014 Proposal Conference (if needed) Solicitation Deadline Date and Time 4/8/2014, 12 Noon Naples Local Time Anticipated Evaluation of Submittals April 2014 Developer Presentations (if Required by Selection Committee) April 2014 Anticipated Completion of Contract Negotiations May—June 2014 Anticipated Board of County Commissioner's Contract June 2014 Approval Date Vendor Response Requirements and Format The Developer understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Developer further 8 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1380- 5/13/2014 16.D.24. agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Developer's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. Developers must submit one (1) paper copy clearly labeled "Master," and six (6) compact disks (DVD's/ CD's) with one exact duplicate copy of the master copy on each CD/DVD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Developer to include all listed items may result in the rejection of its proposal. 1. Tab 1, Cover Letter/ Management Summary— not to exceed two (2) pages; suggested font is Arial, 10 pitch Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Developer's certification that the Developer will accept any awards, and all contract terms and conditions identified as a result of this RFP. 2. Tab II, Experience (15 points) Provide information that documents your organization's qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Provide an overview of the developer's vision, mission, goals and objectives. • Describe the clients/constituents that are served and the programs they manage. • Provide a list of any sub contractors, developers, or unpaid partners, who may be assigned to work with the developer in the delivery of services included in this RFP. Provide resumes and/or credentials. • Provide evidence of the developer's experience and expertise working on residential rental property management that contains grant funding in this format. More specifically: 1. Number of programs or projects that served low to moderate income persons from 1/1/07 — 12/31/11 (5 years). 9 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Tempiate_07012013 Packet Page -1381- 5/13/2014 16.D.24. • Provide evidence of at least one program. 2. Percentage of programs or projects that from 1/1/07 — 12/31/11 (5 years) were funded all or in part with federal grant funding. • Provide at least three (3) documented programs or projects as evidence. 3. Total number of years the developer has operated as an organization. TOTAL (Add 1 + 2 + 3) to determine Experience TOTAL Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Developer's information provided in this area in the requested information 1 — 4 above: • The County shall total all items identified by the Developer to determine the developer with the greatest Experience TOTAL. • The highest number of points (25) will be awarded to the developer who has the greatest Experience TOTAL. • The next highest Developer's Experience TOTAL will be divided by the highest developer's Experience TOTAL which will then be multiplied by 25 points to determine the Developer's Points Awarded. Each subsequent Developer's number of project score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Developer Name Experience TOTAL Points Awarded Developer123 40 25.0 Developer456 36 22.5 Developer789 26 16.3 Developer101 23 14.4 Developer201 15 9.4 Developer301 5 3.1 The Points Awarded by Developer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Developer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Developer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab Ill, Financial, Reporting and Monitoring Practices (15 points) Provide information on the developer's financial and managerial practices in the format identified below. 10 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1382- 5/13/2014 16.D.24. 1. If Developer is subject to an external audit review once a year, please indicate 10 points in the column to the right; if no, indicate "0." • Provide evidence of a complete report. 2. If Developer has a certified public accountant (CPA) on staff or has hired a certified accounting firm to prepare its financial transactions, please indicate 10 points in the column to the right; if no, indicate "0." • Provide resume of CPA on staff or outside accounting firm contract. 3. If developer has a business policy and procedural manual, including cash handling, please indicate 10 points in the column to the right; if no, indicate "0." Provide evidence of the manual and cash handling procedure or a portion of the manual. TOTAL A(Add 1 + 2 + 3) to determine Financial, Reporting and Monitoring Practices TOTAL • The Developer shall be required to submit letters of funding or documentation of funding support to verify the Developer's ability to provide a one-to-one (1:1) match in the amount of$200,000 for Option 3. • Provide the total amount of dollars in developer's capital reserve account. Indicate if the account is restricted or unrestricted. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposed Scope of Services provided in this area in the requested information 1 —7 above: • The County shall total each developer's Financial, Reporting and Monitoring Practices. • The highest number of points (25) will be awarded to the developer whose Proposed Scope of Services has the greatest Financial, Reporting and Monitoring Practices TOTAL. • The next highest developer will be divided by the greatest Developer's Financial, Reporting and Monitoring Practices TOTAL which will then be multiplied by 25 points to determine the developer's Points Awarded. Each subsequent Developer's score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Financial and Managerial Developer Name Points Awarded Practices TOTAL Becky Brilhart 75 25.0 Jane Johnson 65 21.7 Pete Curran 50 16.7 Fred Carnell 47 15.7 11 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1383- 5/13/2014 16.D.24. Blake Reaves 22 7.3 Mr. Tattle 10 3.3 The Points Awarded by Developer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Developer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Developer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 4. Tab IV, Project Fulfills Collier County Unmet Need (15 Points) Provide information that documents how your organization's proposal will fulfill an unmet need for low- or moderate income persons in Collier County. For example, an organization's proposal may assert that there is a need for affordable rental housing for veterans; for widows or widowers; for extremely-low income. These examples are provided for illustrative purposes only and are not intended to cover the full spectrum of possible Collier County unmet needs. • Provide an overview of the local community unmet need the developer's proposal will fulfill. • Describe the opportunities, programs, or services the developer's proposal may provide in fulfilling the community's unmet need. • Provide any additional information to support the need to fulfill the community's unmet need indentified in the developer's proposal. • The Developer shall be required to submit to the County a conceptual drawing, rehabilitation plans for each unit, and a detailed timeline denoting specific milestones for management and rehabilitation by the Developer. The Selection Committee shall review the Project Fulfills Unmet Need and be asked to score each Developer's submittal by assigning the following value: • 1 = project fulfills Collier County unmet need documentation and is not significant or dominant to the Selection Committee Member (points awarded 1); • 7.5 = project fulfills Collier County unmet need documentation and is of average significance or dominance to the Selection Committee Member (points awarded 7.5); OR • 15 = project fulfills Collier County unmet need and documentation is significant/dominant to the Selection Committee Member (points awarded 15). 5. Tab V, Option Interest (Not to Exceed 45 points) Developers will be awarded points based on the option selected and identified in the scope of work. In summary, the options include: Option 1: The County will convey the property "as-is" with no County renovation dollars. If selected as the option of most interest, the County will prescore the point value at forty-five (45). 12 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1384- 5/13/2014 16.D.24. Option 2: The County will fund and complete selected renovations determined by the County [for approximately $230,000] prior to the conveyance; once renovations are complete, the County will immediately convey the property to the developer"as-is." If selected as the option of most interest, the County will prescore the point value at thirty (30). Option 3: The County conveys the property, inclusive of a "50/50" match option as described. If selected as the option of most interest, the County will prescore the point value at fifteen (15) Please indicate: 1. REQUIRED RESPONSE: To be considered responsive, identify the option that is of most interest to the developer (the Developer may only select one option). Developer's Option Interest which is of • Provide any materials that support the choice of this most interest option including, but not limited to: interior renovation costs, schedule, etc. • Provide any other option possibility that the Developer may want to offer to Collier County. [This option will not be pre-scored but may be considered by the Selection Committee] Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Developer's information provided in this area in the requested information 1 — 2 above: The County will review the Developer's Option Interest and award points as described above. For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Developer Name Option Interest Points Awarded Becky Brilhart Option 1 45 Jane Johnson Option 1 45 Pete Curran Option 2 30 Fred Carnell Option 3 15 Blake Reaves Option 3 15 Mr. Tattle Option 3 15 The Points Awarded by Developer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Developer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Developer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 13 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1385- 5/13/2014 16.D.24. 6. Tab VII, References—Submit three (3) completed Reference Forms(10 Points) The County requests that the Developer submits complete references from current or former clients, grantor agencies, Developers, suppliers, or other community stakeholders. In order for the Developer to be awarded any points for this tab, the County requests that the Developer submits three (3)) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first three (3) references (only) submitted by the Developer in their proposal. References marked with letters or words (i.e. N/A) in one of the ten items will be scored "0" points for a response. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Developer's information provided in this area: • The County shall total each of the Developer's reference scores and create a ranking from highest number of points to lowest number of points. • The highest number of points (10) will be awarded to the Developer who has the highest reference score. • The Developer's reference score will be divided by the highest Developer's reference score which will then be multiplied by 10 points to determine the Developer's Points Awarded. Each subsequent Developer's reference score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Developer Name Developer Total Points Awarded Reference Score Developer ABC 445 10 Developer DEF 435 9.8 Developer GI-II 425 9.6 Developer JKL 385 8.7 Developer MNO 385 8.7 Developer PQR 250 5.6 The Points Awarded by Developer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Developer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Developer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 14 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1386- 5/13/2014 16.D.24. Co er County Administrative Service Division Purchasing Reference Form Solicitation: 14-6259 NSP Multi-Family Property and Program Assumption Reference Questionaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a reference for which they believe may provide accurate information relating to the company. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very confident and 1 representing that you were very unconfident. If you do not have sufficient knowledge of past performance in a particular area, leave it blank and this item will be calculated as a "O" to the total reference score. Project Completed: Date Completed: Item Citeria Score 1 Ability to maintain residential property is a safe, secure, and decent fashion. 2 Ability to income qualify persons seeking assistance. 3 Quality of project progress reports. 4 Quality of project financial reports. 5 Professionalism and ability to manage personnel. 6 Adds value to the community and citizens of Collier County. 7 Ability to ensure adequate financial controls and compliance. 8 Ability to manage risks and unexpected project circumstances. 9 Ability to follow agency's policies, procedures, rules, regulations, etc. 10 Overall comfort level with the company. TOTAL(Add Items 1 —10) Please FAX this completed survey to: By 15 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1387- 5/13/2014 16.D.24. 7. Tab VIII, Required Form Submittals • Attachment 2: Developer Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Developer Declaration Statement • Attachment 5: Immigration Affidavit Certification • Attachment 6: Developer Substitute W—9 • Attachment 7: Insurance and Bonding Requirements • Attachment 8: Grant Agency Requirements • Attachment 9: Acknowledgement of Religious Organization Requirements • Attachment 10A: Certification of Debarment, Suspension, Ineligibility for the Organization • Attachment 10B: Certification of Debarment, Suspension, Ineligibility for the Organization • Attachment 11: Certification of Fair Housing • Attachment 12: Section 3 Affidavit and Certification • Attachment 13: Current Board Members and Key Personnel • Other: o Signed addenda o Informational or promotional materials 16 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1388- 5/13/2014 16.D.24. Exhibits IA, IB and IC The following exhibits are made a part of this solicitation document and are available in separate downloadable files at: http://bid.colliergov.net/bid/. • Exhibit IA: Inspection Results • Exhibit IB: 2009 Funding Agreement • Exhibit IC: Developer Agreement Sample Only 17 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1389- 5/13/2014 16.D.24. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 12 Noon, Naples local time, on or before 4/8/2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 18 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1390- 5/13/2014 16.D.24. Attn: Joanne Markiewicz, Director of Procurement Services The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) compact disks (CD's/DVD's)with a copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Ordinance. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 19 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1391- 5/13/2014 16.D.24. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3)working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members shall score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 10. References The County reserves the right to contact any and all references associated with this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Experience 15 Financial, Reporting and Monitoring Practices 15 Project Fulfills Unmet Need in the Community 15 Option Interest 45 References 10 Total Points: 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system)within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall 20 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1392- 5/13/2014 16.D.24. receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 21 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1393- 5/13/2014 16.D.24. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 22 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1394- 5/13/2014 16.D.24. 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty (30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c) do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production 23 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1395- 5/13/2014 16.D.24. If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida 24 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1396- 5/13/2014 16.D.24. b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and for conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be 25 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1397- 5/13/2014 16.D.24. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements (The specific insurance requirements for this solicitation are identified in the attachment for Insurance and Bonding Requirements.) The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding Requirements attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 6 with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 26 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1398- 5/13/2014 16.D.24. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Ordinance. 4. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 5. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 6. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: 27 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1399- 5/13/2014 16.D.24. Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(n�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be 28 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1400- responsible for the safety of their employees and any unsafe acts or conditions tha,5/13/2014 16.D.24. damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies 12. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, 29 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1401- credit reports, education, residence and employment verifications and other related , 5/13/2014 16vD. 24. shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 13. Survivability Bids (ITBs/RFPs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 14. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 15. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. The Developer certifies, to the best of his or her knowledge and belief, that: a. 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 an 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. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to 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 [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in 30 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1402- 5/13/2014 16.D.24. accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 10, ... .,., .......,,.,.. .., 2 U.S.C. 1601, et seq.)] c. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Developer certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. 17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 18. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 19. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Procurement Director prior to the due date for acceptance of proposals. All such protests must be filed with the Procurement Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. 31 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1403- 5/13/2014 16.D.24. Upon filing of said notice, the protesting party will have five (5) days to file a formal ....,. .... given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 20. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to 32 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1404- provide the Collier County Purchasing Department an executed affidavit certifying tl, 5/13/2014 16.D.24. the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Grant Funded Purchases a. Vendors submitting proposals for this purchase must validate that they are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Information may be found at the Excluded Parties List System at: www.sam.gov, and select SEARCH. b. American Recovery and Reinvestment Act of 2009 Special Terms and Conditions: The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act)was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Registration: Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor Registration database (CCR). CCR registration can be completed at http://www.ccr.gov. CCR registration must be completed before the first quarterly Section 1512 report is due. ii. Reporting: Section 1512 provides for federal reporting on projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA), requires vendors contractors to report their Dun and Bradstreet number(DUNS). Vendors who do not know their DUNS number may receive more information through www.dnb.com and select"D & B D-U-N-S Number." A DUNS number request takes approximately 30 days to receive and there is no cost. Vendors will need this number if they are awarded a project with ARRA funds by Collier County. If a project is grant funded, and to satisfy the grant reprinting requirements, the County may require additional reporting information from the vendor(i.e. job reports, etc.). iii. Buy American: Section 1605(a) of the Recovery Act directs that, subject to certain exceptions, no funds appropriated or otherwise made available for a project may be used for the construction, alteration or repair of a public building or public work unless all the iron, steel and manufactured goods used are produced in the United States. The law covers Recovery Act- funded federal contracts as well as Recovery Act-funded state and local public works projects. 33 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1405- iv. Davis Bacon: Section 1606 of the Recovery act directs that projects aware 5/13/2014`16.D.24.—.- contract may be subject to federal grant requirements involving prevailing wages as described in the US Department of Labor's site http://www.gpo.gov/davisbacon/fl.html. v. Waste Disposal: The County may request the assistance of the awarded supplier to assist with developing a disposal plan for sanitary or hazardous waste generated by a specific project. c. Davis Bacon: Projects awarded as a result of this contract may be subject to federal grant requirements involving prevailing wages as described in the US Department of Labor's site http://www.gpo.gov/davisbacon/fl.html. d. Department of Transportation Disadvantaged Business Enterprise (DBE) program is intended to ensure nondiscrimination in the award and administration of DOT-assisted contracts in the Department's highway, transit, airport, and highway safety financial assistance programs. Projects awarded as a result of this contract may be subject to federal grant requirements under the DBE program. Additional information may be found at: http://www.dotcr.ost.dot.gov/asp/dbe.asp. 34 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1406- 5/13/2014 16.D.24. er County Adrniraie Service Division Purchasing Attachment 1: Developer's Non-Interest Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Developers not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trl E, Naples, FL 34112. We are not responding to Solicitation 14-6259 NSP Multi-Family Property and Program Assumption for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. n Insufficient time allowed for preparation of response. • Incorrect address used. Please correct mailing address: n Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 35 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1407- 5/13/2014 16.D.24. Caf ler County Administrative Services Division Purchasing Attachment 2: Developer Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Developer should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Acquisition Manager C The mailing envelope must be sealed and marked with Solicitation 14-6259 NSP Multi-Family Property and Program Assumption. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 36 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1408- 5/13/2014 16.D.24. Co le-r Copinty Administatiue Service Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 37 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1409- 5/13/2014 16.D.24. Co ler County Administrative Services Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 146259 NSP Multi-Family Property and Program Assumption Dear Commissioners: The undersigned, as Developer declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Developer agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Developer states that the proposal is based upon the proposal documents listed by Solicitation: 14-6259 NSP Multi-Family Property and Program Assumption. If applicable, attach proof of 501 C 3 Status or other not-for-profit declaration. (Proposal Continued on Next Page 38 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1410- PROPOSAL CONTINUED 5/13/2014 16.D.24. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of , 200_ in the County of , in the State of Firm's Legal Name: Firm's Dun and Bradstreet Number(DUNS) (Found at www.dnb.com) CCR#or CAGE Code Florida Certificate of Authority Document Number (http://www.sunbiz.orq) Federal Tax Identification Number Address: City, State, Zip Code: Telephone: FAX Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email 39 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1411- 5/13/2014 16.D.24. Cofer County Adrrinistratiue Services Division Purchasing Attachment 5: Immigration Law Affidavit Certification Solicitation: 14-6259 NSP Multi-Family Property and Program Assumption This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Developers/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Developer's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program, may deem the Developer/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any developer who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any developer of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Developer attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Developer's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 40 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1412- 5/13/2014 16.D.24. Coer County Administrative Services Division Purchasing Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation Partnership Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 41 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1413- 5/13/2014 16.D.24. Co iP.,- County Administrative Services Division Purchasing Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits, 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant 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 Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate Grant Funded RFP(Non CCNA)Template_01012014 Packet Page-1414- 5/13/2014 16.D.24. ® Employee Dishonesty $1,000,000 Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. El Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 43 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1415- 5/13/2014 16.D.24. Cofer Co*ity Adrranisiratave Services won Purchasing Attachment 8: Grant Agency Requirements Applicable Laws and Regulations Certain State and Federal laws, as well as regulations and Executive Orders, are applicable in part or in whole to the NSP. The applicable laws, regulations and Executive Orders (classified in general by compliance area) include but are not limited to: General • The Housing and Community Development Act of 1974, as amended and as implemented by the most current HUD regulations (24 CFR Part 570). • Federal Register Docket No. FR-5447-N-01: Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010 • U.S. Department of Housing and Urban Development's Playing by the Rules:A Handbook for CDBG Developers on Administrative Systems Financial and Administrative Management • Federal OMB Circular A-87 Cost Principles (Governmental Subrecipients) • 24 CFR Part 85 Administrative Requirements (Governmental Subrecipients)Federal • OMB Circular A-122 Cost Principles (Non- Governmental Subrecipients) • 24 CFR Part 84 Administrative Requirements (Non-Governmental Subrecipients) • Federal OMB Circular A-133 —Audits (All Subrecipients) A Developer is not bound by governmental procurement or cost principles, nor are they bound by OMB circulars. • The Developer shall be required to submit audited annual financial statements. Civil Rights • Title VI - Civil Rights Act of 1964. • Section 109 -Title I - Housing and Community Act of 1974. • Title VIII of the Civil Rights Act, 1968 (Fair Housing Act), as amended. 42 U.S.C. 3601 • Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. • Executive Order 11246 - Equal Employment Opportunity, as amended byExecutive Order 11375, Parts II and III. • Executive Order 11063 - Equal Employment Opportunity, as amended by • Executive Order 12259. • Section 3 of the Housing and Development Act of 1968, as amended Section 118 • of Title I, Community Development and Housing Act, 1974. • Age Discrimination Act of 1975. • Executive Order 12432: National Priority to Develop Minority and Women Owned • Businesses. • Section 504 of the Rehabilitation Act of 1973 and implementation regulation (24 • CFR Part 8). Acquisition/Relocation • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (46 U.S.C. 4601 and regulations at 49 CFR, Part 24). 44 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1416- 5/13/2014 16.D.24. Housing • The Truth in Lending Act (Regulation Z). • Title I Consumer Protection Act (PL 90321). • The Lead Base Paint Poisoning Prevention Act (42 U.S.C. 4831-5 et al.) and HUD implementing regulations (24 CFR Part 35). • The Residential Lead-Based Paint Hazard Reduction Act of 1993 (PL 102-550). • The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., 5401 et. seq., as amended). • Manufactured Housing Act (O.C.G.A. Sections 8-2-130 and 160 et. seq.). • Construction Industry Licensing Board Act (O.C.G.A. Section 43-14-8). • The Fire Administration Authorization Act of 1992 (PL 102-522). Environmental • Title I of the Housing and Community Development Act, Section 104(g) —as amended (42 U.S.C. 5304) and published in 24 CFR Part 58. • Section 306 of the Clear Air Act (42 U.S.C. 1857(h)) • section 508 of the Clean Water Act (33 U.S.C. 1368), • Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). • Energy Policy and Conservation Act (Pub. L.94-163). Labor Standards • The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations. • The Davis-Bacon Act (40 U.S.C. 276(a) to (a-7), as supplemented by Department of Labor Regulations. • The Davis-Bacon Act (42 U.S.C. 5310) • The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented by Department of Labor regulations. Other • Conditions prohibiting inherently religious activities (24 CFR 570.200(j)) Housing Rehabilitation Requirements • The Common Rule 24 CFR 85 applies if the direct party of the construction contract. This rule requires a competitive procurement. • Federal Labor Standards - only in certain situations. Davis-bacon wage rate are applicable when NSP funds are used for rehabilitation of more than 8 housing units in one project. • Lead-Based Paint Hazard Elimination (24 CFR Part 35) -These rules include inspection, testing, risk assessments, hazard control or abatement, safe work practices, clearance and notification/disclosure requirements. • Section 3 Clause of the Urban Development Act of 1968, and as implemented by HUD regulations at 24 CFR Part 135 applies (regardless of the dollar amount of the contract) in the following situations: o If the Recipient contracts directly for rehabilitation services or acts as an agent for the homeowner, i.e., signs the rehabilitation contract. o If the Recipient provides homeowners with a list of contractors eligible to participate in the local rehabilitation program, the Recipient should assure that eligible Section 3 business concerns located or owned in part by residents of the area are also included on the list. o If the individual homeowner contracts directly for rehabilitation services and the Recipient is not a party to the contract, the Section 3 requirements do not have to be followed. • Section 104(d) of the Housing and Community Development Act is applicable if rental units are converted to non- "low and moderate income dwelling units" or if occupied or occupiable housing units are demolished. See HUD regulations at 24 CFR Part 570.606 and 24 CFR Part 42. 45 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1417- 5/13/2014 16.D.24. • The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, and as implemented by DOT regulations 49 CFR Part 24, is applicable if tenants or homeowners (regardless of income) are displaced in conjunction with a NSP activity. • The Truth-In-Lending Act (Regulation Z) (USC 1601, et. seq.) which applies to any loan transaction between the Recipient and the homeowner provided the Recipient meets the criteria of being a "creditor", as defined by the Federal Reserve System Equal Opportunity, Fair Housing and Accessibility General The regulations pursuant to Title I of the Housing and Community Development Act require applicants to assure through certification that all activities will be conducted in accordance with Section 109 of the Act (the nondiscrimination clause), Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and Executive Orders 11246 and 11063. These requirements are briefly described below: 1. Title VI of Civil Rights Act of 1968 Nondiscrimination in any programs or activities receiving Federal financial assistance. 2. Section 109 of Title I - Housing and Community Development Act of 1974 Nondiscrimination in any program or activity subject to the provisions of this title. No person in the United States shall on the ground of race, color, national origin, 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 part under this Title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. 3. Title VIII of the Civil Rights Act of 1968, as amended. Prohibition against discrimination based on sex. 4. The Fair Housing Law Provides protection against the following acts, if they are based on disability, race, color, religion, sex, national origin, or family status: • Refusing to sell or rent to, deal or negotiate with any person Discriminating in terms or conditions for buying or renting Housing • Discriminating by advertising that housing is available only to persons of a certain family status, race, color, religion, sex, or national origin • Denying that housing is available for inspection, sell or rent when it really is available • "Blockbusting" - For profit, persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood • Denying to anyone the use of or participation in any real estate services, such as brokers' organizations, multiple listing services or other facilities related to the selling or renting of housing • Denying or making different terms or conditions for home loans by commercial lenders, such as banks, savings and loan associations and insurance companies 5. Executive Order 11063 - Equal Opportunity in Housing, as amended by Executive Order 12259. All departments and agencies are directed to take all action necessary and appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Government or provided with Federal financial assistance and in the lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans insured or guaranteed by the Federal Government. 6. Executive Order 11246 - Equal Employment Opportunity, as amended by Executive Order 11375. Part II - Employment under Federal contracts. Non-discrimination in employment by government contractors and 46 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1418- 5/13/2014 16.D.24. subcontractors. Part III - Federally assisted construction contracts. Non-discrimination in employment under federally assisted construction contracts. Parts II and Ill are administered by the Department of Labor. 7. Section 3 of the Housing and Development Act of 1968, as amended and as implemented by HUD regulations at 24 CFR Part 135 Section 3 provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower income residents of project areas and that contracts be awarded to small businesses located within the project area or owned in substantial part by project area residents. Section 504 Requirements Local government recipients and developers must comply with Section 504 of the Rehabilitation Act of 1973, as amended. This requirement is similar to the "Americans with Disability Act" (ADA) which is also applicable. HUD published implementation regulations (24 CFR Part 8) as a final rule on June 2, 1988. The general requirement is that no otherwise qualified individual with a disability (physical or mental) shall, because a recipient's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, denied benefits, or otherwise be subjected to discrimination under any program or activity that receives NSP assistance. The definition of disability includes physical and mental factors and also includes those who may be regarded as handicapped (such as the spouse or children of a person with AIDS). Both building accessibility and employment practices are covered by Section 504. Affirmatively Furthering Fair Housing Any Developer must certify that it will affirmatively further fair housing, mandated under 24 CFR 570.602. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 As amended, provides that, to the greatest extent feasible, opportunities for training and employment shall be given to recipients of public housing and lower-income residents of the unit of local government or the metropolitan area (or non-metropolitan county) in which the project is located. Contract work in connection with such projects shall be awarded to business concerns which are owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project, employ Section 3 residents in full-time positions, or subcontract with businesses which provide economic opportunities to lower income persons. Section 3 Regulations 24 CFR 135. § 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD"s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers" representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and 47 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1419- 5/13/2014 16.D.24. training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD"s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section7(b). Debarment Pursuant to 24 CFR 24, all NSP grantees are required to verify that any/all persons, contractors, consultants, businesses, Developers, etc. that are conducting business with the grantee, including any city/county or the grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Verification will be checked through the Excluded Parties Listing System (at website: www.epls.gov). Fiscal Audits As a Developer entity the Developer is not be required to submit an A-133 Audit, however the Developer shall be required to submit audited annual financial statements to ensure that the Developer is not being unduly enriched. Acknowledgement of Terms, Conditions and Grant Clauses Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For 48 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1420- 5/13/2014 16.D.24. each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Date Authorized Signature Address 49 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1421- 5/13/2014 16.D.24. Co er C.,ounty Administrative Services Division Pur,,hasing Attachment 9: Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j) In accordance with the First Amendment of the United States Constitution "church/state principles," Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this agreement shall contain no sectarian or religious symbols or decorations; and 5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility, which is owned by the provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services located in a structure used exclusively for non- religious purposes and constitute in dollar terms, only a minor portion of the CDBG/NSP expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. (Company) (Signature) (Date) (Print Name) 50 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1422- 5/13/2014 16.D.24. Goer Gounty Administrative Services Division Purchasing Attachment 10A: Certification of Debarment, Suspension, Ineligibility for Organization REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION AGREEMENTS/SUB-AGREEMENTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). The Board of County Commissioners further adopted a Resolution (2013-228) effective October 8, 2013 to establish application screening criteria for Collier County administered federal and state grants. The resolution specifies this list of interested parties refers to the following representatives of the grantee organization under any form of arrangement or agreement: Each Board of Directors member Officers of the Board Executive Director All employees and supervisors that will work on the grant Definitions: (1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. Contact Collier County Housing, Human and Veteran Services or go to www.HUD.gov website for assistance in obtaining a copy of those regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: • Return of awarded grant funds on more than one occasion in the last three years • Non-compliance with a monitoring corrective action plan • Other substantial non-compliance or non-conformance of a grant The organization applying for grant funding is hereby attesting and will follow the below listed: 1. Each grantee of federal or state financial and non-financial assistance must sign this debarment certification prior to agreement execution. Independent auditors who audit federal or state programs regardless of the dollar amount are required to sign a debarment certification form. Collier County Housing, Human & Veteran Services or its agreement grantee/contractors will not contract with subcontractors if they are debarred or suspended by the federal government. 2. Each entity applying for a grant from Collier County will assure all persons listed above complete and submit appropriate certifications. 3. The grantee shall provide immediate written notice to the grant coordinator at any time the grantee/contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 51 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1423- 5/13/2014 16.D.24. 4. The grantee further agrees by submitting this certification that, it shall not knowingly enter into any sub-agreement with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 5. The grantee further agrees by submitting this certification that it will require each contractor/subcontractor of agreements and/or contracts referencing this contract whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with each sub-agreement. 6. The grantee may rely upon a certification by a subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the grantee/contractor knows that the certification is erroneous. 7. The grantee has adopted conflict of interest policies and procedures within their organization and will provide a copy of such prior to the execution of an agreement should the grant application be funded. If the grantee does not have conflict of interest policies and procedures they must adopt policies/procedures for determining when a conflict of interest exists and disclosing it to the public as required by the applicable program requirements. 8. If funded, and as applicable, the all contractors and subcontractors hired by the grantee will be required to sign a similar form attesting to the same requirements outlined in this document prior to entering into any grant sponsored contract. The prospective grantee certifies, by signing this certification, that neither the entity nor their above noted principals and respective employees, within the last three years: (1) Has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with Collier County Housing Human & Veteran Services by any federal department or agency. Where the prospective grantee is unable to certify to any of the statements in this certification, such prospective grantee shall attach an explanation to this certification. (2) Has had a real or apparent conflict of interest (3) Has falsified documents (4) Has substantial non-compliance or non-conformance with performance under a grant with Collier County or any other entity Collier County Housing, Human and Veteran Services will rely on the attestation of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. Collier County Housing, Human & Veteran Services may rely upon a certification by a nonprofit organization that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting or subcontracting unless the department knows that the certification is erroneous. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous 52 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1424- 5/13/2014 16.D.24. certification, the Federal Government and Collier County may pursue available remedies, including suspension, debarment, grant award retraction, and/or suspension from applying for awards for three years under Resolution 2013-228. Name of Organization: Signature of Authorized Individual Date Name and Title of Authorized Individual (Print or type) 53 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1425- 5/13/2014 16.D.24. Co eer comay Adminstralive services Division Ptirchasing Attachment 10B: Certification of Debarment, Suspension, Ineligibility for Board, Executive Director, Employee or Supervisor REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION AGREEMENTS/SUB-AGREEMENTS The Board of County Commissioners adopted a Resolution (2013-228) effective October 8, 2013 to establish application screening criteria for Collier County administered federal and state grants. The resolution specifies this list of interested parties refers to the following representatives of the grantee organization under any form of arrangement or agreement: Each Board of Directors member Officers of the Board Executive Director All employees and supervisors that will work on the grant Definitions: (1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. Contact Collier County Housing, Human and Veteran Services or go to www.HUD.gov website for assistance in obtaining a copy of those regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: • Return of awarded grant funds on more than one occasion in the last three years • Non-compliance with a monitoring corrective action plan • Other substantial non-compliance or non-conformance of a grant The undersigned certifies, by signing this certification, that, within the last three years, they have not: 1. Been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with Collier County Housing Human & Veteran Services by any federal department or agency. (Where the prospective grantee is unable to certify to any of the statements in this certification, such prospective grantee shall attach an explanation to this certification.) 2. Had a real or apparent conflict of interest 3. Falsified documents 4. Had substantial non-compliance or non-conformance with performance under a grant with Collier County or any other entity 54 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1426- 5/13/2014 16.D.24. The undersigned shall provide immediate written notice to the grantee at any time the undersigned learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Collier County Housing, Human and Veteran Services will rely on the attestation of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government and Collier County may pursue available remedies, including suspension, debarment, grant award retraction, and/or suspension from applying for awards for three years under Resolution 2013-228. Name of Organization Role of undersigned (Director, Executive Director, Employee [specify role], Supervisor [specify role] Signature Print or type name of signatory Date 55 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1427- 5/13/2014 16.D.24. C_oter Canty Administrative Services Division Purchasing Attachment 11: Certification of Fair Housing certifies that it will affirmatively further fair housing, mandated under 24 CFR 570.602, (Applicant) which means that it will: • Conduct an analysis to identify impediments to fair housing choice within the jurisdiction; • Take appropriate actions to overcome the effects of any impediments identified through that analysis; and • Maintain records reflecting the analysis and actions in this regard. (Company) (Signature) (Date) (Print Name) 56 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1428- 5/13/2014 16.D.24. Cotter County Admit-list-alive Services Division Purchasing Attachment 12: Section 3 Affidavit and Certification Solicitation # 14-6259 NSP Multi-Family Property and Program Assumption This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and to business concerns which provide economic opportunities to low-and very-low income persons. A Section 3 business concerned is defined as follows: 1. That is 51 percent or more owned by Section 3 residents; or 2. Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two above. In conformance with Section 3 federal regulations (24 CFR Part 135), Collier County shall direct efforts to award Section 3 covered contracts, to the greatest extent feasible, to Section 3 business concerns in the order of priority listed below: 1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located; 2. Category 2 businesses: Applicants (as this term is defined in 42 U.S.C. 12899)selected to carry out HUD HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs; 3. Category 3 businesses: Other Section 3 business concerns. A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is a Section 3 business concern as described above. Vendor Name: Date: Address: Signature: Title:_ STATE OF FLORIDA ❑ COLLIER COUNTY El LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 My Commission Expires: Notary Public (AFFIX OFFICIAL SEAL) 57 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page-1429- 5/13/2014 16.D.24. C.dairier County Adirmtsitative Services Division Purchasing Attachment 13: Current Board Members and Key Personnel Board Members Organization's Key Personnel (Company) (Signature) (Date) (Print Name) 58 14-6259 NSP Multi-Family Property and Program Assumption(Non CCNA)Template_07012013 Packet Page -1430-