Agenda 02/28/2012 Item #16D42/28/2012 Item 16.D.4.
EXECUTIVE SUMMARY
Recommendation to sign an amendment for a time extension through December 31, 2012 and for
various administrative updates to the 2010 Home Investment Partnership Program (HOME)
Subrecipient Agreement with Florida Non - Profit Services, Inc. (FNPS) to complete the purchase
and renovation of two homes in Immokalee.
OBJECTIVE: Allow for a time extension and scope increase for the completion of an already
approved grant funded project.
CONSIDERATIONS: On November 9, 2010 (Item No. 16136) a HOME Subrecipient Agreement
was executed. The grant is to fund the purchase and renovations of two homes in the Immokalee
area. This amendment will not adversely affect the County's timeliness and is an allowable
change. FNPS had been granted a previous extension via change order until February 29, 2012.
Due to unforeseen delays with purchase of a second home, and in order to complete the project
FNPS is seeking an additional extension through December 31, 2012.
The Sub - recipient agreement with FNPS is proposed to be amended as follows:
1. Correct scrivener's error in the organization's title
2. Update the commencement date and Time of Performance to extend the contract until
December 31, 2012 allowing for adequate time to complete the project.
3. Updates grant language to include Section 3 language
4. Revise the scope to update language which will allow FNPS to use remaining grant funds
to purchase and rehabilitate an additional home within the Timber Ridge Subdivision in
Immokalee assisting in the elimination of Slum and Blight as well as the flexibility in the
purchase and rehabilitation amount allotted within the grant funding provided
5. Extend the project Work Plan schedule dates in Exhibit A of the original Subrecipient
Agreement to accommodate the extension of time
6. Update the Payment Schedule language
FISCAL IMPACT: Approval of the amendment to Sub - Recipient agreement will have no
additional effect on ad valorem or general fund dollars. HUD grant funds are available within the
housing grants fund (705) for this HOME project.
GROWTH MANAGEMENT IMPACT: The HOME project associated with this amendment
will help to meet the goals, objectives and policies set forth in the Housing Element of the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item
requires a majority vote. -JBW
RECOMMENDATION: Approve an amendment to the 2010 Home Investment Partnership
Program (HOME) Subrecipient Agreement with Florida Non - Profit Services, Inc. (FNPS.)
Prepared by: Sandra Marrero, Grants Coordinator
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2/28/2012 Item 16.D.4.
Housing, Human and Veteran Services Department
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2/28/2012 Item 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4.
Item Summary: Recommendation to sign an amendment for a time extension through
December 31, 2012 and for various administrative updates to the 2010 Home Investment
Partnership Program (HOME) Subrecipient Agreement with Florida Non - Profit Services, Inc.
(FNPS) to complete the purchase and renovation of two homes in Immokalee.
Meeting Date: 2/28/2012
Prepared By
Name: MarreroSandra
Title: Grants Coordinator,Housing, Human & Veteran Services
1/4/2012 4:57:24 PM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: MarreroSandra
1/4/2012 4:57:25 PM
Approved By
Name: AckermanMaria
Date: 1/18/2012 9:57:39 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 1/19/2012 1:38:32 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 1/19/2012 2:38:31 PM
Name: CastorenaMargo
Date: 1/19/2012 3:01:22 PM
Name: FoordMarlene
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Title: Grant Development & Mgmt Coordinator, Grants
Date: 1/23/2012 3:00:25 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 1/31/2012 2:47:29 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 2/13/2012 4:48:13 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 2/15/2012 4:03:24 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 2/16/2012 4:26:19 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 2/17/2012 12:15:03 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 1:27:43 PM
Name: OchsLeo
Title: County Manager
Date: 2/21/2012 5:26:49 PM
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2/28/2012 Item 16.D.4.
, perknisuam Services Dv$m
u'=asng
2/28/2012 Item 16.D.4.
Purchasing Department
Change Modification Form
® Contract Change Request ❑ Work Order Modification
Contract #: 14.239 Mod #: 1 1 PO/Work Order #: 4500125097 1 Project Name: Florida Non -Profit Services,
#M- 10 -UC -12 -0017 Inc. CHDO Set -Aside ( g C!'
Project #: HM10 05 Project Manager: Department: HHVS i Contractor/Firm Name: Florida Non -Profit
I Sandra Marrero Services, inc. CHDO Set -Aside (Fi�) F1VO5
Original ContractlWarx Order Amount
$
112.230.00
-iC� r Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount
$
112,230.00
Last BCC Approval Date; Agenda item #
Current Contract/Work Order Amount
$
112.230.00
11/9/2010 16D6
Dollar Amount of this Change
_
$0.00
0.00 °!° Change from Current BCC Approved Amount
Revised New Contract/Work Order Total
71
112,230.00
0
Cumulative Changes
$D OD
0 00°% Change from Original Amount 0
Completion Date, Description of the Task(s) Change, and Rationale for the Change j
notice to Proceed date: 11/09/10
date: 08/31/11 Revised date (includes this change):
i
;Number of days added (if extension, 7 ! Explain why additional days are needed (detailed/specific): Additional time is needia6 due to
must attach current insurance seeking homes to purchase which will benefit the clients, organization, and expend grant dollars
certificate(s) from SAP or obtain from in a responsible manner.
vendorl: maws / k f -f.*
1. Provide a detailed and specific explanation of the requested change(s) to the task(s):
To grant an extension until March 31, 2012. This extension is needed because this subreicipient has experienced delays with offers
being accepted by banking institutions to purchase homes.
2. Provide detailed rationale for the requested change:
To grant FHFS an extension in order to give them ample time and opportunity to bid and purchase, and rehabilitate foreclosed
home(s) in a competitive housing market within the guidelines of the grant and the funds granted.
3. Provide explanation why change was not anticipated in original scope of work:
This was an unforeseen condition due to making offers to banking institutions who own the foreclosed properties, and having to
compete with for -profit entities in order to be able to purchase homes. Some offers have been made, however due to limitations within
the funds provided,; other for - profit organizations have made stronger offers which have been accepted by the banking institutions,
resulting in FHFS not being able to purchase the homes.
4. Describe the impact if this change is not processed:
The impact resulting if this change is not processed is that the contract will expire on August 31, 2011, and we will not be able to
extend the opportunity to FHFS to be able to purchase and rehabilitate foreclosed properties. This will result in possibly not giving a
local not - far -profit organization the opportunity to take an abandoned home within Immokaiee off the market, and therefore resulting in
the public not being able to take advantage of grant funds provided with tax dollars and provided a rental home to a low income famiiv
N
Type of Change / Modification
Value
Approved by (Name and Title): Sandra Marrero, Grants Coordina(oy r Date:6/02/11
i_
.1
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Revised: 1/1212011
1
In
CHANGE ORDER
CHANGE ORDER NO.
TO. Florida Non - Profit Services. Inc.
900 Broad Avenue South 42C Naples FL 34102
DATE: 06-02-11
PROJECT NAME: _ RehablAUuisition
PROJECT NO: HM 10 -05i M- 10 -UC -12 -0017
Under our AGREEMENT dated November 4 2010
2/28/2012 Item 16.D.4.
CONTRACT NO. HM 10 -05
BCC Date: 11 -09 -2010
Agenda Item: 16136
You herebv are authorized and directed to make the following change(s) in accordance with terms and
conditions of the Agreement: To provide a contract extension until ' ° r° This revision will not
change the original total budgeted amount for this Home Investmen Partnership Program (HOME)
project.
FOR THE (Additive) (Deductive) Sum of
Original Agreement Amount
Sum of Previous Changes
This Change Order add or deduct
Present Agreement Amount
5 112,230.00
$ 0
$ 0
S 112,230.00
By amending this contract, the County is not relieving your firm of its obligations to perform
work in a timely and satisfactory manner or any consequences resulting from failing to do so.
Collier County hereby reserves all legal rights. including, but not limited to. rights to terminate,
suspend or elect any other appropriate course(s) of action should circumstances warrant with
regard to the referenced contract. The adjustment, if any, to the Agreement shall constitute a full
and final settlement of any and all claims of the Contractor arising out of or related to the change
set forth herein, including claims for impact and delay costs.
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Accepted: .2011
SUBRECIPIENT:
Florida Non -Prof is
j Carl J. Kue
2/28/2012 Item 16.D.4.
OWNER:
BOARD COUNTY MMISSIONERS
COLLIE BOUNTY, ORIDA
BV:
arcy krumbine, Direc r
Collier County Housing & Human Services
GRANTS COORDINATOR
By:
SS a
Marrero
CONTRACT SPECIALIST
By: i
Lv . Wood
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2/28/2012 Item 16.D.4.
AGREEMENT BETWEEN COLLIER COUNTY
AND
FLORIDA NON - PROFIT HOUSING, INC.
REHAB /ACQUISTION
Catalog of Federal Domestic Assistance # 14.239
HUD Grant # M- 10 -UC -12 -0017
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and Immokalee Housing & Family Services, a
private for - profit corporation existing under the laws of the State of Florida, having its principal
office at 900 Broad Avenue South 42C, Naples, FL 34102, and its Federal Tax Identification
number as 20- 5005877 and Duns 982 -535 -1021 ( "DEVELOPER/SPONSOR ").
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD)
as provided by the Cranston - Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 for
the HOME Program with Resolution 2010 -85 on April 27, 2010; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan
for Federal Fiscal Year 2010 -2011 for the HOME Program and the use of the HOME funds for
the activities identified in the Plan; and
WHEREAS, the COUNTY and the DEVELOPER/SPONSOR desire to provide the
activities specified in this Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER/SPONSOR to
implement such undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "HOME" is the HOME Investment Partnerships Program as described in 24 CFR
Part 92, under the authority of 42 USC 3535(d) and 12701 - 12839.
(C) "HHVS" means the Housing, Human and Veteran Services Department of Collier
County.
(D) "DEVELOPER/SPONSOR" means Florida Non - Profit Housing, Inc.
(E) "HHVS APPROVAL" means the written approval of the Housing, Human and
Veteran Services Department of Collier County or designee.
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(F) "HUD" means the Secretary of the U.S. Department of Housing and Urban
Development or a person authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "PROJECT" means the work to be performed as set forth in Exhibit "A ".
(I) "AGENCY" means HHVS, the HOME administering Agency of Collier County.
For the purpose of this Agreement and all administration of HOME funds, the
AGENCY shall act on behalf of the COUNTY in the execution and fiscal and
programmatic control of this agreement.
(J) "FEE" is the amount of money the COUNTY agrees to pay and the
DEVELOPER/SPONSOR agrees to accept as payment in full for all the
professional and technical services rendered pursuant to this Agreement to
complete the WORK as further defined in Section III, Scope of Work.
(K) "WORK" - is all the professional and technical services to be rendered or
provided by the DEVELOPER/SPONSOR as described here.
II. SCOPE OF SERVICES
The DEVELOPER/SPONSOR shall, in a satisfactory and proper manner, as determined by
HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall
submit each request for reimbursement using Exhibit `B" along with the monthly submission of
Exhibit "E," all of which are attached hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement between HUD and Collier County shall be July 1, 2010.
The services of the DEVELOPER/SPONSOR shall be undertaken and completed in light of the
purposes of this Agreement. Subrecipients are authorized to incur eligible expenses after that
date and prior to execution of this Agreement subject to HHVS prior written approval. In any
event, all services required hereunder shall be completed by the DEVELOPER/SPONSOR prior
to August 31, 2011. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the COUNTY, as set forth in Part VIII(F)(e), and Part VIII(H).
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER/SPONSOR shall be reimbursed by the COUNTY using federal funds for
allowable costs, determined by COUNTY, in an amount not to exceed One hundred twelve
thousand two hundred thirty dollars ($112,230.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by DEVELOPER/SPONSOR
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and federal requirements. The DEVELOPER/SPONSOR shall enter into contract for
improvements with the lowest responsive and qualified bidder. Contract administration shall be
handled by the DEVELOPER/SPONSOR and monitored by the COUNTY, which shall have
access to all records and documents related to the project.
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V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
HHVS at its office, presently located at 3301 E Tamiami Trail Bldg H Suite 211, Naples, Florida
34112, and to the DEVELOPER/SPONSOR when delivered to its office at the address listed on
page one of this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The DEVELOPER/SPONSOR shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with the procedures outlined in
HHVS' Policies and Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement, the
DEVELOPER/SPONSOR shall notify HHVS in writing within thirty (30) days of receiving
notification from the funding source and submit a cost allocation plan for approval by HHVS or
its designee within forty-five (45) days of said official notification.
B. DEBARMENT
The DEVELOPER/SPONSOR 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/SPONSOR shall not knowingly enter into any lower tier contract, or other
covered transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The DEVELOPER/SPONSOR agrees to comply with any applicable laws, ordinances,
regulations and orders of the State, local and Federal governments, including, but not limited to:
1. 24 CFR Part 92.206, HOME Investment Partnership Program - The regulations
governing the disbursement of HOME funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
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5. 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.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC § 2000e, et. seq.
7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8. Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
12. 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)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
14. 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.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non - Profit
Organizations.
19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments.
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20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq.
and regulations relating thereto. Failure by the DEVELOPER/SPONSOR to
comply with the laws referenced herein shall constitute a breach of this
agreement, and the County shall have the discretion to unilaterally terminate this
agreement immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or
other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Agreement shall take precedence
over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Agreement. To the extent
any conflict in the terms of the Contract Documents cannot be resolved by
application of the Supplemental Conditions, if any, or the Agreement, the conflict
shall be resolved by imposing the more strict or costly obligation under the
Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
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. The negotiation
shall be attended by representatives of DEVELOPER/SPONSOR with full
decision - making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for
approval. Failing resolution, and prior to the commencement of depositions in
any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed -upon Circuit
Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of DEVELOPER/SPONSOR with full decision - making
authority and by COUNTY'S staff person who would make the presentation of
any settlement reached at mediation to COUNTY'S board for approval. Should
either party fail to submit to mediation as required hereunder, the other party may
obtain a court order requiring mediation under § 44.102, Fla. Stat.
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D. SUBCONTRACTS
Any work or services subcontracted by the DEVELOPER/SPONSOR shall be specifically by
written contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the DEVELOPER/SPONSOR of any subcontract hereunder, such subcontracts
must be submitted by the DEVELOPER/SPONSOR to HHVS for its review and approval, which
will specifically include a determination of compliance with the terms of the attached Work
Program set forth in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department, Florida
Statutes, and HUD. Reimbursements for such services will be made at
DEVELOPER/SPONSOR cost. None of the work or services covered by this Agreement,
including but not limited to consultant work or services, shall be subcontracted by the
DEVELOPER/SPONSOR or reimbursed by the COUNTY without prior written approval of the
HHVS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards of both parties, except that County representative(s) may
approve adjustments between line item amounts, scope clarifications, or an extension of time and
schedule that do not change the project, or exceed the amount funded by the County, as stated
herein. Any modifications to this contract shall be in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR or anyone employed or utilized by the DEVELOPER/SPONSOR in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not pertain to any
incident arising from the sole negligence of Collier County. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28,
Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to
funding source. The DEVELOPER/SPONSOR will include a reference to the financial support
herein provided by HHVS in all publications and publicity. In addition, the
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DEVELOPER/SPONSOR will make a good faith effort to recognize HHVS' support for all
activities made possible with funds made available under this Agreement. The
DEVELOPER/SPONSOR will mount a temporary construction sign for projects funded by
HHVS. This design concept is intended to disseminate key information regarding the
development team as well as Equal Housing Opportunity to the general public. The construction
sign shall comply with applicable County codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub - sections 1 -3 as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs,
reports prepared, and capital equipment secured by the DEVELOPER/SPONSOR with funds
under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination,
the DEVELOPER/SPONSOR shall not be relieved of liability to the COUNTY for damages
sustained by the COUNTY by virtue of any breach of the Contract by the
DEVELOPER/SPONSOR, and the COUNTY may withhold any payment to the
DEVELOPER/SPONSOR for set -off purposes until such time as the exact amount of damages
due to the COUNTY from the DEVELOPER/SPONSOR is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thereupon have the right to
terminate this Agreement in whole or part by giving written notice of such termination to the
other party and specifying therein the effective date of termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other parry.
Upon termination, the COUNTY shall pay the DEVELOPER/SPONSOR for services rendered
pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
L INSURANCE
DEVELOPER/SPONSOR shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts described herein and further set
forth in Exhibit " D" to this Agreement.
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DEVELOPER LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve the
DEVELOPER/SPONSOR of its liability and obligation under this subsection or under any
subsection of this contract. The contract is contingent upon receipt of the insurance documents
within fifteen (15) calendar days after the Board of County Commissioners' approval. If the
Insurance certificate is received within the specified period, but not in the manner prescribed in
these requirements, the DEVELOPER/SPONSOR shall be verbally notified of the deficiency and
shall have an additional five (5) calendar days to submit a corrected Certificate to the County.
If the DEVELOPER/SPONSOR fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the DEVELOPER/SPONSOR shall be in default of the terms and
conditions of the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The DEVELOPER/SPONSOR agrees that it will be acting as an independent agent and
that its employees are not Collier County employees and are not subject to the County provisions
of law applicable to County employees relative to employments, hours of work, rates of
compensation, leave, unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The DEVELOPER/SPONSOR agrees to comply with OMB Circular A —110 (Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non - Profit Organizations) and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
The DEVELOPER/SPONSOR shall maintain all records required by the
HOME Federal Regulations for a period of five years (5) years after
expiration of this Agreement.
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the
DEVELOPER/SPONSOR for the purpose of this Agreement shall be
made available to the COUNTY by the DEVELOPER/SPONSOR at any
time upon request by HHVS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHVS if requested.
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3. The DEVELOPER/SPONSOR shall submit reports as required to assist
the COUNTY in the preparation of HUD Labor Relations, WBE/MBE,
Equal Opportunity Employment, and HUD Section 3 reports, pursuant to
24 CFR 570.502, 507, and 92 (3)(vi).
4. DEVELOPER/SPONSOR shall submit monthly beneficiary reports to
HHVS using Exhibit "E ".
5. The DEVELOPEWSPONSOR 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/SPONSOR shall maintain records showing
contractor compliance with the Contract Work Hours and Work Safety
Law. Similarly, the DEVELOPER/SPONSOR shall maintain records
showing compliance with federal purchasing requirements and with other
federal requirements for grant implementation.
6. Indirect Costs: If indirect costs are charged, the Developer will develop an
indirect cost allocation plan for determining the appropriate Developer's
share of administrative costs and shall submit such plan to the County for
approval, in a form specified by the County.
7. Failure to adequately maintain any former HOME funded project may
result in the delay of processing reimbursement requests for ongoing
activities or in the forfeiture of future HOME funds.
8. The DEVELOPER/SPONSOR will be responsible for the creation and
maintenance of income eligible files on clients served and documentation
that all households are eligible under HUD Income Guidelines.
9. The DEVELOPER/SPONSOR further agrees that HHVS shall be the final
arbiter on the DEVELOPER/SPONSOR's compliance with the above.
C. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
D. ADDITIONAL HOUSING & HUMAN SERVICES COUNTY AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
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E. WRITTEN APPROVALS- SUMMARY
(1) All subcontracts and agreements proposed to be entered into by the
DEVELOPER/SPONSOR pursuant to this Agreement;
(2) All capital equipment expenditures of $1,000 or more;
(3) All out -of -town travel; (travel shall be reimbursed in accordance with
§ 112.061, Fla. Stat., unless otherwise required by HOME),
(4) All change orders; and
(5) All requests to utilize uncommitted funds after the expiration of this
agreement for programs described in Exhibit A, and
(6) All rates of pay and pay increases paid out of HOME funds, whether for
merit or cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
G. AUDITS AND INSPECTIONS
I . Non- profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program - specific audit conducted for that year in
accordance with OMB A -133. Non - profit organizations expending federal awards
of $500,000 or more under only one federal program may elect to have a
program - specific audit performed in accordance with OMB A -133.
2. Non - profit organizations that expend less than $500,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A -133,
although their records must be available for review (e.g., inspections,
evaluations). These agencies are required by HHVS to submit "Reduced Scope"
audits (e.g., financial audit, performance audits). They may choose, instead of a
Reduced Scope Audit, to have a program audit conducted for each federal award
in accordance with federal laws and regulations governing the program in which
they participate.
3. When the requirements of OMB A -133 apply, or when the
DEVELOPER/SPONSOR elects to comply with OMB A -133, an audit shall be
conducted for each fiscal year for which federal awards attributable to this
contract have been received by the DEVELOPER/SPONSOR. A copy of the
audit report must be received by HHVS no later than six months following the
end of the DEVELOPER/SPONSOR's fiscal year.
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4. If an audit is required by Section G of this contract, but the requirements
of OMB A -133 do not apply or are not elected, the DEVELOPER/SPONSOR
may choose to have an audit performed either on the basis of the
DEVELOPER/SPONSOR's fiscal year or on the basis of the period during which
HHVS- federal assistance has been received. In either case, each audit shall cover
a time period of not more than twelve months and an audit shall be submitted
covering each assisted period until all the assistance received from this contract
has been reported. Each audit shall adhere to all other audit standards of OMB A-
133, as these may be limited to cover only those services undertaken pursuant to
the terms of this contract. A copy of the audit report must be received by HHVS
no later than six months following each audit period.
5. The DEVELOPER/SPONSOR shall maintain all contract Records in
accordance with generally accepted accounting principles, procedures, and
practices which shall sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by the County pursuant to
the terms of this Agreement.
6. The DEVELOPER/SPONSOR shall include in all HHVS approved
subcontracts used to engage subcontractors to carry out any eligible substantive
programmatic services, as such services are described in this contract and defined
by HHVS, each of the record - keeping and audit requirements detailed in this
contract. HHVS shall, in its sole discretion, determine when services are eligible
substantive programmatic services and subject to the audit and record - keeping
requirements described above.
H. PROGRAM - GENERATED INCOME
All income earned by the DEVELOPER/SPONSOR from activities financed in whole or in part
by funds provided hereunder must be reported to HHVS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
DEVELOPER/SPONSOR shall report its plan to utilize such income to HHVS, and said plan
shall require the prior written approval of the HHVS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A -110 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
Program Income, as defined by 24 CFR 92.503 for HOME funds, may be retained by the
Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this
Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program
Income received by the DEVELOPER/SPONSOR or its sub - contractors shall be returned to the
COLTNTY unless the DEVELOPER/SPONSOR requests and is authorized to utilize
uncommitted funds.
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I. GRANT CLOSEOUT PROCEDURES
DEVELOPER/SPONSOR's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but not be
limited to; making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances, and receivable
accounts to the COUNTY), and determining the custodianship of records.
VIIL OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER/SPONSOR agrees that no person shall be excluded from the benefits of, or
be subjected to, discrimination under any activity carried out by the performance of this
Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or
sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to
terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The DEVELOPER/SPONSOR shall comply
with the Section 3 of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED
BUSINESS ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the
DEVELOPER/SPONSOR shall make a positive effort to utilize small business and
minority /women -owned business enterprises of supplies and services, and provide these sources
the maximum feasible opportunity to compete for contracts to be performed pursuant to this
Agreement. To the maximum extent feasible, these small business and minority /women- owned
business enterprises shall be located in or owned by residents of the HOME areas designated by
Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be very low, low- 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
funded under this Agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit A of this Agreement. The DEVELOPER/SPONSOR shall provide written
verification of compliance to HHVS upon HHVS' request.
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D. CONFLICT OF INTEREST
The DEVELOPER/SPONSOR covenants that no person who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement and that no person having any conflict of interest shall
be employed by or subcontracted by the DEVELOPER/SPONSOR. Any possible conflict of
interest on the part of the DEVELOPER/SPONSOR or its employees shall be disclosed in
writing to HHVS. (See 24 CFR 92.356).
E. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any
work in furtherance hereof, the DEVELOPER/SPONSOR 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 Section
287.133(3)(a), Fla. Stat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The DEVELOPERJSPONSOR must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with
its instructions.
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3. The undersigned shall require that the language of this certification be included in
the award documents for all sub - awards at all tiers (including subcontracts,
subgrants, contracts under grants, loans, and cooperative agreements) and that all
DEVELOPER/SPONSOR'S shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the DEVELOPER/SPONSOR 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 part 24,
shall be subject to the provisions of the CDBG/HOME Regulations including, but not limited to,
the provisions on use and disposition of property. Any real property within the
DEVELOPER/SPONSOR's control, which is acquired or improved in whole or part with
CDBG/HOME funds in excess of $25,000, must adhere to the CDBG/HOME Regulations at 24
CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
The DEVELOPER/SPONSOR agrees to comply with the following requirements:
A. AIR AND WATER
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), the DEVELOPER/SPONSOR shall assure that for activities located in an area
identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment
(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the
cost of said flood insurance.
C. LEAD -BASED PAINT
The DEVELOPER/SPONSOR agrees that any construction or rehabilitation of
residential structures with assistance provided under this contract shall be subject to HUD Lead -
Based Paint Poisoning Prevention Act found in 24 CFR 92.355.
D. HISTORIC PRESERVATION
The DEVELOPER/SPONSOR agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC
470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation
Procedures for Protection of Historical Properties.
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X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may not be used for religious activities or provided to primarily religious
organizations. 24 CFR 92.257 specifies the limitations on HOME funds for faith based
activities.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the DEVELOPER/SPONSOR shall transfer to the COUNTY
any HOME funds on hand at the time of expiration and any accounts receivable attributable to
the use of HOME funds. 24 CFR 92.504(2)(vii).
XII. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements
of applicable law.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -five (25) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be
an original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto
and constitutes the entire understanding. The parties hereby acknowledge that there have been
and are no representations, warranties, covenants, or undertakings other than those expressly set
forth herein.
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2/28/2012 Item 16.D.4.
IN WITNESS WHEREOF, the DEVELOPER/SPONSOR and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on this
t h day of IVoyo,m _ r , 20 1c)
ATTEST.
Dwight E BxFF Clerk of Courts
d k
i
Date's {
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first Wit ss /
- O �✓�LYJ �i� • �
ype /print witness name
S and Witness
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Type /print witness name
Approved as to form and
legal sufficiency:
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Greene
Assistant County Attorney
Florida Non - Profit Housing
Rehab /Acquisition
2010 -CHDO HMIO -05
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JBy:
FRED W. COYLE, Chairman
FLORIDA NON - PROFIT HOUSING, INC.
JrI��
J. !tiC/�rvz'YL
arl J. uehner, Chairman
(Print Name)
Page 16 of 25
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2/28/2012 Item 16.D.4.
EXHIBIT "A"
SCOPE OF SERVICES
HOME — CHDO SET -ASIDE
FLORIDA NON - PROFIT HOUSING. INC. (FNPH)
A. PROJECT SCOPE:
On April 27th, 2010, the Board of County Commissioners approved the HUD Action Plan
allocating funding for this initiative. Home Investment Partnerships Program (HOME) funding
will be used for the purchase and rehabilitation of foreclosed homes within Collier County.
In the Action Plan it is stated that the County, as a participating jurisdiction (PJ), must invest
15% or set aside at least 15 percent (15 %) of its total HOME allocation to projects that are
owned, developed or sponsored by Community Housing Development Organizations
(CHDOs), and which result in the development of homeownership or rental units.
Florida Non - Profit Housing, Inc. as a CHDO, will use these funds to acquire and rehabilitate a
minimum of one (1) property within Collier County. Rehabilitation activities /items may
include but not be limited to: repair and/or replacement of the following: roofs, floors, ceiling,
walls, kitchens, bathrooms, structural items, doors, windows, insulation, HVAC, electrical,
plumbing systems, fixtures, appliances, landscaping, irrigation systems, painting, driveways,
pest control, termite treatment, permitting, labor, materials, supplies and other related items.
The detailed project scope will be contained in the schedule of values of the vendor. The
contract will include details sufficient to document the number, amount and costs associated
with all activities.
Any unexpended funds that may be available after a minimum of one (1) home is purchased,
rehabilitated, and occupied, may be used toward the purchase and rehabilitation of one (1)
additional home. Reimbursement for the purchase of an additional home will not exceed
$65,000.00, and rehabilitation for the same additional home will not exceed $20,000.00.
The project activities will meet the U.S. Department and Housing and Urban Development's
national objective to provide decent housing.
B. BUDGET—
Collier County Department of Housing, Human and Veteran Services is funding ONE
TWELVE THOUSAND TWO HUNDRED and THIRTY DOLLARS ($112,230.00) in HOME
funds for the CHDO Set -Aside project scope described above. The required matching funds of
$28,058.00 will be provided by Florida Non - Profit Housing, Inc.
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Line Item:
Acquisition and
Rehabilitation Work
Total HOME Funding
HOME Funds
$112,230.00
$112,230.00
Match info
$28,058.00
2/28/2012 Item 16.D.4.
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only
and, as such, is not intended to be used as a payment schedule.
Date Start
Date End
Work Plan
11/l/2010
12/2010
Locate Property
12/2010
2/2011
Award rehab contract
2/2011
7/2011
Complete Rehab
8/2011
8/30/2011
Project Close -out
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Purchase of property and signed contract
Upon payment request for reimbursement, will
including schedule of values for the
reimburse 75% of allowable expenses
rehabilitation such that the total does not
exceed the grant amount and/or there is
information explaining how the shortfall
will be handled by the subrecipient.
Rehabilitation work
Per submission of periodic invoices and final
inspection/C.O. or certificate of completion
will reimburse 75% of allowable expenses.
Receipt of Certificate of Occupancy
Final 10% of the total cost of the purchase and
(C.O.) and occupancy of each home.
rehabilitation of any one home will be released
upon receipt of C.O. and occupancy of that
home. C.O. and occupancy of final unit.
End of Exhibit "A"
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EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
DEVELOPER/SPONSOR Name: Florida Non Profit, Inc.
DEVELOPER/SPONSOR Address: 900 Broad Ave South #2C Naples FL, 34102
Project Name: Rehab / Acquistion
Project No: HM10 -05 Payment Request #
Dollar Amount Requested: $
SECTION 11: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded Less
Sum of all requests)
$ 112,230
I certify that this request for reimbursement has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for
Reimbursement is not in excess of current needs.
Authorizing Grant Coordinator
Supervisor
Dept Director
Florida Non - Profit Housing
Rehab /Acquisition
2010 -CHDO HM 10 -05
Signature Date
Title
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
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EXHIBIT "C'
ADDITIONAL HOME GRANT REOUIREMENTS
1. The Department of Housing and Urban Development's (HUD) National Objectives:
1. Benefiting Low - and Moderate - Income Persons
2. HUD defines the term `low- and moderate income persons' as families and individuals
whose incomes are no more than 80 percent of the median income of the area involved.
3. Your project must serve LMI clients.
4. Unit must remain affordable for a period of 20 Years.
5. Rent must be adjusted accordingly per program year.
6. Annual Income certification of occupants must be performed every year, project files
must be kept in a locked, safe location, and proof of occupant qualification must be
submitted annually to HHVS. HHVS will monitor this project until end of affordability
period.
End of Exhibit C
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EXHIBIT "D"
INSURANCE REQUIREMENTS
The DEVELOPER/SPONSOR shall furnish to Collier County, c/o Housing, Human and
Veteran Services Department of Collier CountyDepartment, 3301 E Tamiami Trail
Building H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b.) Public Liability Insurance on a comprehensive basis in an amount no less than
$300,000 per occurrence for combined Bodily Injury and Property Damage.
Collier County must be shown as an additional insured with respect to this
coverage.
(c) Automobile Liability Insurance covering all owned, non -owned and hired vehicles
used in connection with this contract in an amount not less than $300,000 per
occurrence for combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in (1) — (3) above, a Certificate of Insurance must be
provided as follows:
(d.) Professional Liability Insurance in the name of the DEVELOPER/SPONSOR or the
licensed design professional employed by the DEVELOPER/SPONSOR in an
amount not less than $300,000 per occurrence providing for all sums which the
DEVELOPER/SPONSOR and/or the design professional shall become legally
obligated to pay as damages fro claims arising out of the services performed by
the DEVELOPER/SPONSOR or any person employed by the
DEVELOPER/SPONSOR in connection with this contract. This insurance shall be
maintained for a period of two (2) years after the certificate of Occupancy is
issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in (1) — (4) above, the DEVELOPER/SPONSOR shall
provide or cause its Subcontractors to provide original policies indicating the following
types of insurance coverage prior to any construction:
(e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100 %) percent of the insurable value of the building(s)
or structure(s). The policy shall be in the name of Collier County and the
DEVELOPER/SPONSOR.
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Exhibit D, Continued
(f.) Flood Insurance shall be provided for those properties found to be within a flood
hazard zone, in an amount not less than the full replace values of the completed
structure(s) or the maximum amount of coverage available through the National
Flood Insurance Program (NFIP), whichever is greater. The policy will show
Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such
time that he buildings' walls and roof exist.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
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:
(g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence
for combined Bodily Injury and Property damage. Collier County must be shown
as an additional insured with respect to this coverage.
(h.) 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.
(i.) 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.
End of Exhibit D
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"ATTACHMENT E"
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Services staff by the 10' of the following
month.
Status Report for Month of Submittal Date:
Project Name Rehab /Acquistion
Project Number HM10 -05 Activity Number 392
DEVELOPER/SPONSOR: Florida Non - Profit Housing, Inc.
Contact Person Carl Kuehner, Chariman
Telephone: 239 - 434 -6001 Fax: 239 - 434 -7318
E -mail: retcjj @aol.com
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past
month):
2. What events /actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list
and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this
project.
5. Identify any potential issues that may cause delay.
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Exhibit E, Continued
6. New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions on
following page)
Ethnicity
(see definitions on
following page)
Total Number of
Extremely
Very
Low Income
Female Head of
Households or Persons
Low Income
Low Income
(51 -80 %)
Household
7. For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank spaces and in the chart below. Complete the below
chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous
months. You may provide data by either households or persons served. However, if one person
received TWO services this counts as TWO SERVICE UNITS:
6.
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either
"households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. "
INCOME
Of the households or persons assisted, are extremely low - income income (0 -30 %) of the
current Median Family Income (MFI). Enter this number in box "2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current
Median Family Income (MFI). Enter this number in box "3. "
Of these households or persons assisted, are low - income (51 -80 %) of the current Median
Family Income (MFI). Enter this number in box "4. "
NOTE. The total of boxes 2,3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this
number in box "5 " below.
BOX I
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Extremely
Very
Low Income
Female Head of
Households or Persons
Low Income
Low Income
(51 -80 %)
Household
Assisted
(0 -30 %)
(31 -5(r)
DEVELOPER must indicate total beneficiaries for Race AND Ethnicity
Florida Non -Profit Housing
Rehab /Acquisition Page 24 of 25
2010 -CHDO HM10 -05
Packet Page -1531-
Exhibit E, Continued
Definitions of Race:
2/28/2012 Item 16.D.4.
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
2. Black or African - American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and
South America (including Central America), and who maintains tribal affiliation or community attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii,
Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
'NY II Ft�91$6�7L .a a 1 *-.N" E �li4 4lM�6 �. d 4 x :'
" µ lx 3
YJPY
1"
White
^S�' �W
,s.
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.
ry
pie
Florida Non -Profit Housing
Rehab /Acquisition
2010 -CHDO HM 10-05
End of Exhibit E
Page 25 of 25
Packet Page -1532-
2/28/2012 Item 16.D.4.
Amendment No. I to Sub- Recipient Agreement
"Florida Non - Profit Services, Inc.
HOME CHDO Set- Aside"
THIS AMENDMENT, to the November 9, 2010, Agreement is made and entered into this
day of 2012, by and between the parties to the original Agreement Florida Non -
Profit Housing, Inc., "Florida Non - Profit Services, Inc." (to be referred to as Developer /Sponsor), and
Collier County, Florida, (to be referred to as "County ") and states as follows:
Statement of Understanding
RE: Agreement # M- 10 -UC -12 -0017 414.239 "Florida Non -Profit Services, Inc.,
HOME- CHDO Set- Aside"
All references in the original Agreement to "Contract" shall be replaced by "Agreement ". All
references to Developer /Sponsor or lmmokalee Housing & Family Services in the Sub- recipient Agreement
shall be constructed to be Florida Non - Profit Services, Inc. In order to continue the services provided for in
the original Agreement document referenced above, the Subrecipient agrees to amend the Agreement
as follows:
Words Struel Thr ^-•�;'' are deleted; Words Underlined are added
Dollar amounts have original underlines
I. DEFINITIONS
(D) "DEVELOPER/SPONSOR" means Florida Non - Profit Housin Services, Inc.
WITNESSETH:
IIL TIME OF PERFORMANCE
The effective date of his the Agreement between HUD and Collier County shall be July 1, 2010. The
services of the DEVELOPER/SPONSOR shall be undertaken and completed in Light of the purposes of
this Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHVS prior written approval. In any event, all services
required hereunder shall be completed by the. DEVELOPER /SPONSOR prior to Attgusl 31- -244
January 1, 2013. Any funds not obligated by the expiration date of this Agreement shall automatically
revert to the COUNTY, as set forth in Part VIII(F)(e), and Part VIII(H).
M- I O -U C- I2 -0017# 14.239
Florida Non -Profit Services, Inc.
Amendment #1 Page 1 of 6
Packet Page -1533-
2/28/2012 Item 16.D.4.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
26. Compliance - 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 Grantee the Developer /Sponsor and any of the Developer /Sponsor 's
subrecipients and subcontractors. Failure to fulfill these requirements shall subject the
Grantee the Developer /Sponsor and any of the Developer /Sponsor 's subrecipients and
subcontractors their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. The Developer /Sponsor
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
The Developer /Sponsor further agrees to comply with these "Section 3" requirements
and to include the following language in all subcontracts executed under this
Agreement:
"The wrork to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest
extent feasible opportunities for training and employment be
given to low- and very low,- income residents of the project area,
and that contracts for work in connection with the project be
awarded to business concerns that provide economic
opportunities for low- and very low- income persons residing in
the metropolitan area in which the project is located."
The Developer /Sponsor 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 lows- income persons residing within the
metropolitan area in which the CDBG- funded project is located: where feasible. priority
should be given to low- and vent low - income persons within the service area of the
project or the neighborhood in which the project is located and to low- and very low -
income participants in other HUD programs: and award contracts for work undertaken
in connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards). housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and yen, low- income
persons residing within the metropolitan area in which the CDBG - funded project is
M- 10 -UC -12 -0017# 14.239 AM
Florida Non - Profit Services, Inc.
Amendment #1 Page 2 of 6
Packet Page -1534-
2/28/2012 Item 16.D.4.
located. feasible priority should be given to business concerns that provide
economic opportunities to low- and very low - income residents within the service area
or the neighborhood in which the project is located and to low- and very low- income
participants in other HUD programs.
The Developer /Sponsor certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
a. Notifications
The Developer /Sponsor aggrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement or
other contract or understanding. if any.. a notice advising said labor organization
or worker's representative of its commitments under this Section 3 clause and
shall post copies of the notice in conspicuous laces available to employees and
applicants for employment or training.
b. Subcontracts
The Developer/Sponsor r /Sponsor will include this Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a finding that
the subcontractor is in violation of regulations issued by the grantor agency. The
Developer /Sponsor will not subcontract with any v where it has notice or
knowledge that the latter has been found in violation of regulations under 24
CFR Part 135 and will not let any subcontract unless the entity has first provided
it with a preliminary statement of ability to comply with the requirements of
these regulations.
EXHIBIT "A"
SCOPE OF SERVICES
HOME — CHDO SET -ASIDE
FLORIDA NON - PROFIT APLWING SERVICES. INC. (FNPHIS)
A. PROJECT SCOPE:
On April 27th, 2010, the Board of County Commissioners approved the HUD Action Plan
allocating funding for this initiative. Home Investment Partnerships Program (HOME) funding
will be used for the purchase and rehabilitation of foreclosed homes within Collier County.
In the Action Plan it is stated that the County, as a participating jurisdiction (PT), must invest
15% or set aside at least 15 percent (15 %) of its total HOME allocation to projects that are
owned, developed or sponsored by Community Housing Development Organizations
(CHDOs), and which result in the development of homeownership or rental units.
M- I O -UC -12 -0017# 14.23 9
Florida Non -Profit Services, Inc.
Amendment # I Page 3 of 6
Packet Page -1535-
2/28/2012 Item 16.D.4.
Florida Non - Profit Heesin Services, Inc. as a CHDO, will use these funds to acquire and
rehabilitate a minimum of one (1) property within Collier County. Rehabilitation
activities /items may include but not be limited to: repair and/or replacement of the following:
roofs, floors, ceiling, walls, kitchens, bathrooms, structural items, doors, windows, insulation,
HVAC, electrical, plumbing systems, fixtures, appliances, landscaping, irrigation systems,
painting, driveways, pest control; termite treatment, permitting, labor, materials, supplies and
other related items.
The detailed project scope will be contained in the schedule of values of the vendor. The
contract will include details sufficient to document the number, amount and costs associated
with all activities.
Any unexpended funds that may be available after a minimum of one (1) home is purchased..
rehabilitated, and occupied, may be used toward the purchase and rehabilitation of one (1)
additional home. R ement far- - *th e pur-ehase of an additional keffle w�z� it
�Q�extie
$65,000.00, and fehabilitatien fef �he same additional heme will not exeeed .
Reimbursement for the purchase and rehabilitation of the second home will not exceed the
grant balance remaining after reimbursement for the first home is complete.
The project activities will meet the U.S. Department and Housing and Urban Development's
national objective to provide decent housing.
i Z 1
Collier County Department of Housing, Human and Veteran Services is funding ONE
HUNDRED TWELVE THOUSAND TWO HUNDRED and THIRTY DOLLARS
($112,230.00) in HOME funds for the CHDO Set- Aside project scope described above. The
required matching funds of $28,058.00 will be provided by Florida Non - Profit Wising
Services, Inc.
Line Item: HOME Funds Match info
Acquisition and
Rehabilitation Work $112,230.00 $28,058.00
Total HOME Funding $112,230.00
Any modifications to this sub - recipient agreement ^^et shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only
and, as such, is not intended to be used as a payment schedule.
Date Start
Date End
Work Plan
11/1 /2010
12/2010
Locate first property
12/2010
2/2011
Award rehab contract for first property
M -1 O -UC -12 -00174 14.239
Florida Non -Profit Services, Inc.
Amendment #I
Page 4 of 6
Packet Page -1536-
2/28/2012 Item 16.D.4.
2/2011
7QQ 1-1-1 /2012
Complete Rehab of first property
1/2012
3/2012
Locate Second Property
3/2012
4/2012
Award rehab contract for second propertv
4/2012
8/2012
Complete rehab of second propertv
will be handled by the subrecipient.
I
Rehabilitation work
9P?41 -1- 8/2012
8,130,120111 2/31/2012
Project Close -out
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Purchase of property and signed contract
Upon payment request for reimbursement, will
including. schedule of values for the
reimburse 75% of allowable expenses
rehabilitation such that the total does not
exceed the grant amount and /or there is
information explaining how the shortfall
i
will be handled by the subrecipient.
I
Rehabilitation work
1 Per submission of periodic invoices aaid final
inspeetion/G.O. eei4i fie to of ,,,.., letien
will reimburse 75% of allowable expenses.
Receipt of Certificate of Occupancy
j Final 10% of the total cost of the purchase and
(C.O.) and occupancy of each home.
rehabilitation of any one home will be released
upon receipt of C.O. inspection and occupancy
of that home. Q0. and eeeupariey of4fiall Unit_
All other terms and conditions of the agreement shall remain in force.
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
1. Match Funds are required, and are reflected in Exhibit A for this agreement as 25% is
required per 24CFR92.218. The actual amount for this agreement is reflected in
EXHIBIT "A" part B- Budget.
Signature Page to Follmw
M -1 d -U G 12-0017# 14.239
Florida Non -Profit Services, Inc.
Amendment #1 Page 5 of 6
Packet Page -1537-
2/28/2012 Item 16.D.4.
IN WITNESS WHEREOF, the DEVELOPER/SPONSOR and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on this
day of 20
ATTEST:
Dwight E. Brock, Clerk of Courts
0
Dated:
(SEAL)
Witnesses:
C-i
Fi4i Witness
u 1\
T71prin� ess name
cond Witness
Type/print witness name
Approved as to form and
legal sufficiency:
Jennifer B.White
Assistant County Attorney c�
M-10-UC-12-0017#14.239
Florida Non-Profit Services, Inc.
Amendment #1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
-102
FRED W. COYLE, Chairman
Carl J'Kuehner, Chairman-----
(Print Name)
Page 6 of 6
'Packet Page -1538-