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Agenda 07/24/2012 Item #11H7/24/2012 Item 11.H. EXECUTIVE SUMMARY Recommendation to award Request For Proposal (RFP) 12 -5836 Not- for - Profit NSP Affordable Rental Housing to the Foundation for the Developmentally Disabled and Community Assisted and Supportive Living, Inc. d /b /a Renaissance Manor and authorize the Chairman to execute agreements for the transfer of six properties on behalf of the Board of County Commissioners. OBJECTIVE: To approve the award of Neighborhood Stabilization Program rental agreements, and approve the conveyance of six (6) multi- family rental properties. CONSIDERATIONS: On December 13, 2011, the Board of County Commissioners approved the NSP exit strategy that included the solicitation of a Not for Profit entity to assume ownership of six multi- family rental properties. Two key considerations were identified with this strategy. First, as grantee, Collier County cannot divest itself from the responsibility to monitor the program in perpetuity and to ensure long teen compliance. Second, the operation of the program would benefit by leveraging the experience, capacity and expertise of not for profits. To comply with the direction of the Board of County Commissioners, and ensure full and proper compliance with NSP requirements, County staff solicited not - for - profit organizations on February 22, 2012, to assume ownership and operate completed multi - family rental properties under competitive procurement RFP No. 12 -5836, Neighborhood Stabilization Affordable Housing Rental. Three hundred and seventy six (376) email notifications were sent out to interested parties; forty-seven (47) solicitation packages were downloaded; and three timely proposals were received on March 27, 2012. The Selection Committee met and ranked the three responsive proposers on April 11, 2012 as follows: 1. Florida Non Profit Services; 2. Foundation for the Developmentally Disabled (FFOD); 3. Community Assisted and Supportive Living, Inc. d /b /a Renaissance Manor (CASL). Proposers were notified of the rankings, and staff commenced negotiations with the top two ranked non- profit organizations. Florida Non Profit Services, as the top ranked firm, offered FFOD the opportunity to select the two properties of interest first, and Florida Non Profit Services would accept the four remaining properties. Negotiations continued with both non - profit organizations to finalize all agreement details. On June 17, 2012, staff received notice of Florida Non - Profit Services' intent to no longer pursue interest in this agreement so that it could focus attention on their targeted area of Immokalee. As a result, staff offered the remaining four (4) properties to FFOD, as the second ranked non - profit organization; FFOD chose to take one additional property. FFOD chose to establish three separate LLC's to manage each of the NSP multi- family properties. Staff then offered the three (3) remaining properties to the third ranked responsive bidder, CASL. Collier County received technical assistance from HUD TA in preparing the agreements and received approval on June 19, 2012. Staff recommends awarding RFP 12 -5836 Non Profit NSP Property to the Foundation for the Developmentally Disabled wholly owned subsidiaries (LLC) and Community Assisted and Supportive Living, Inc. d/b /a Renaissance Manor and requests approval from the Board to authorize the Chairman to execute the attached agreements on behalf of the Board of County Commissioners for conveyance of the six (6) properties. Packet Page -977- , 2-4, 2012 Item 11.1 -1, FISCAL IMPACT: The fiscal impact associated with these projects includes receipt of program income. Any program income received after expenses will be returned quarterly to the county to be used for administration or NSP eligible activities until 2015. NSP1 Funds are located in Urban Improvement Grants Fund 121, Project 33050. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. -JBW GROWTH MANAGEMENT IMPACT: The NSP1 supports the goals, objectives, and policies of the Growth Management Plan Housing Element. RECOMMENDATION: Approve and authorize the following actions: Award RFP 12 -5836 Non Profit NSP Property Management Services to the Foundation for the Developmentally Disabled and Community Assisted and Supportive Living, Inc. d/b /a Renaissance Manor; and Authorize the Chairman of the Board of County Commissioners to 'execute sub recipient agreements and any and all other documents related to the conveyance of the six (6) properties associated with the sub recipient agreements following County Attorney approval; and Direct the County Manager or his designee to proceed to convey the properties associated with the sub recipient agreement, to follow all appropriate closing procedures, and to record the Statutory Deed(s) and any and all necessary documents to obtain clear title to the properties, in the Public Record of Collier County, Florida. Prepared By: Kristi Sonntag, Manager Federal /State Grants, Housing, Human and Veteran Services Packet Page -978- 7/24/2012 Item 11.H. COLLIER COUNTY Board of County Commissioners Item Number: 11.H. Item Summary: Recommendation to award Request For Proposal (RFP) 12 -5836 Not -for- Profit NSP Affordable Rental Housing to the Foundation for the Developmentally Disabled and Community Assisted and Supportive Living, Inc. d /b /a Renaissance Manor and authorize the Chairman to execute agreerne ^ *f for the transfer of six properties on behalf of the Board of County Commissioners. Meeting Date: 7/24/2012 Prepared By Name: SonntagKristi Title: VALUE MISSING 6/29/2012 2:38:19 PM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 6/29/2012 2:50:29 PM Name: WardKelsey Title: Manager - Contracts Adrninistration,Purchasing & Ge Date: 7/16/2012 8:58:03 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 7/16/2012 11:06:32 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 7/17/2012 11:27:42 AM Name: AckermanMaria Title: Senior Accountant, Grants Date: 7/17/2012 11:53:37 AM Name: WhiteJennifer Packet Page -979- '/24/2012 Item 11.H. Title: Assistant County Attomey,County Attorney Date: 7/17/2012 12:06:45 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 7/17/2012 1:37:19 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 7/17/2012 2:06:35 PM Name: KlatzkowJeff Title: County Attorney Date: 7/17/2012 2:37:28 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 7/17/2012 5:05:22 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 7/18/2012 8:54:04 AM Name: KlatzkowJeff Title: County Attorney Date: 7/18/2012 9:12:15 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 7/18/2012 9:26:13 AM Packet Page -980- 3 / / � =r k' � CD CD \ k CD .� \� .� 7/24/2012 I m II.H. Packet Page - 81 -n ^ / 0 2 k.. . z 0 CD ƒ = Z \ G § j .. ? > CD o CD \ 0 a � "a = 0- c ƒ \ \» i } \V \ \. \ ƒ « « 2 -0 $ d° 0 : \2 \ / $ CL : . 3 CD | 0 . ' © |w N3:� 3 | } \C %. D Cn w | . M «. |K3 w :» w :,4 2 « »< «2 # a 7 7 D2 \ 9 9� k k 0 c c 18, Packet Page - 81 -n -n � \ \\ z 0 ( � $ -z �(\ 0 w \2 CD k � "a '0 0 M CD � � _ . .. ■� @ § CD_ @ ) 0 ■ 7/24/2012 Item 11.H. Agreement #NSP -003 NEIGHBORHOOD STABILIZATION PROGRAM CFDA No. 14.218 SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND 192446 1h Terrace SW, LLC THIS AGREEMENT, made and entered into on this day of , 2012, by and between Collier County, a political subdivision of the State of Florida (hereinafter called the "County "), and 1924 46th Terrace SW, LLC (agreement # NSP -003), a private not - for - profit corporation, existing under the laws of the State of Florida, having its principal office at 5621 Strand Boulevard Suite #206 Naples, Florida (hereinafter called the "Subrecipient ") to undertake the Neighborhood Stabilization Program ( "NSP ") as approved by the Collier County Board of County Commissioners. 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 NSP funds to acquire and rehabilitate certain real property located in Collier County for the purpose of providing affordable rental housing opportunities to benefit low- and moderate - income persons and families; and WHEREAS, the Subrecipient has submitted a Proposal for participation in the Collier County NSP; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the NSP and in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto, that: DEFINITIONS A. "CDBG" means the Community Development Block Grant program. B. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L. No. 93 -383, as amended. Unless otherwise noted in HERA, as amended, and the alternatives in the NSP Notices, NSP is governed by the CDBG regulations. C. "CDBG Funds" means the definition at 24 CFR 570.3. D. "Eligible Costs" means costs of activities that are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and conform to all NSP requirements. E. "Environmental Requirements" means the requirements described in 24 CFR Part 58. F. 1924 46" Terrace SW LLC: The wholly owned subsidiary of Foundation for Developmentally Disabled hereinafter referred to as the Subrecipient. G. Grant Coordinator: Designated HHVS representative who is responsible for the enforcement of the terms and conditions of the agreement. H. "HERA" means the NSP found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. Pagel of 35 Packet Page -982- T/24/2012 Item 11.H. Agreement #NSP -003 I. Housing Human and Veteran Services (HHVS): A department within the Public Services division within Collier County Government. J. "HUD" means the U.S. Department of Housing and Urban Development. K. "LMMI" is the HUD - defined term incorporating households with eligible incomes (at or below 120 percent of the area median income, based on household size and metropolitan statistical area), including low -, moderate -, and middle- income, in referring to the national objective of the CDBG program. L. "NSP Notice" refers to the alternative requirements for the NSP issued by HUD in the Federal Register on October 19, 2010, Docket No. FR- 5447 -N -01. M. "NSP Funds" means those funds provide to, or generated by, the activities contemplated in this Agreement. N. "Program Income" means the NSP portion of any gross income received by the Subrecipient directly generated from the use of NSP funds, as described in 24 CFR 570.500(a). O. "Subrecipient" means a public or private nonprofit agency, authority, or organization, or for - profit entity authorized under 24 CFR 570.201(0), receiving CDBG funds from the recipient or another Subrecipient to undertake activities eligible for such assistance under 24 CFR Part 570 Subpart C. SCOPE OF PROJECT A. Activities Subrecipient shall undertake and complete the activities as set forth in Exhibit A to this Agreement, which provides a description of the activity including the products to be provided and or services to be performed, and identifies the person or entity providing the services, the location of the activities, the recipients of the service, and the manner and means of the services. B. National Obiectives All activities funded with NSP funds must meet the NSP's income eligibility requirement of benefit to low -, moderate- and middle- income persons. Subrecipient certifies that the activity or activities carried out under this Agreement will meet the NSP income eligibility requirements as follows: 100 percent of persons benefiting from the activity or activities performed under this Agreement shall meet the HUD definition of low -, moderate -, or middle income. III. SCOPE OF SERVICES A. General Administration Subrecipient will be responsible for the general administration of the NSP for activities set forth herein and those stated in RFP 12 -5836 (herein incorporated by reference) in a manner satisfactory to County and consistent with the standards set forth in the Grant Agreement between County and HUD. Subrecipient shall develop a rental operations manual and a management plan and both shall be submitted to the County's grant coordinator within (90) ninety days of agreement execution in accordance with Exhibit A -3. Such program will include the following activities eligible under the NSP: Page 2 of 35 Packet Page -983- 7/24/2012 Item 11.1-1. Agreement #NSP -003 i. Proiect Monitoring Subrecipient shall submit quarterly reports to County within ten days of prior month end. Such reports may include, but not necessarily be limited to, project progress, beneficiaries, obstacles, achievements, anticipated actions, and services offered. ii. Proiect Fiscal Management Subrecipient shall submit quarterly financial records and a quarterly program income report within ten days after the end of each quarter to the HHVS grant coordinator describing, but not limited to, project expenditures, reconciliation of expenditures to projected expenditures, a summary of gross rents received, and current project account balance (if any). Subrecipient shall ensure that the account structure clearly identifies those expenditures paid by the grant and those expenditures paid by other sources. All expenditures must conform to the allowable cost principles for State & Local Governments 24 CFR 85.22, Non Profits 24 CFR 85.27 and 48 CFR Part 31e for private contractors. Any program income remaining shall be returned to the County quarterly. The Subrecipient shall prepare and submit an Annual Capital Needs Assessment and a Capital Replacement Reserve Schedule, these plans shall be approved by the County prior to any expenditures. The plans shall conform to the required compliance elements set forth by state and federal regulations. iii. Proiect Reporting Subrecipient shall submit annual reports as required by County including, but not necessarily limited to, Section 3, Fair Housing, milestones, accomplishments, and client demographic data. B. Levels of Accomplishment — Goals and Performance Measures Subrecipient shall be responsible to accomplish the levels of performance as set forth in Exhibit "A" and report such measures as persons or households assisted. Subrecipient shall also include time frames for performance to the County as requested. C. Staffing Subrecipient shall ensure adequate and appropriate staffing are allocated to NSP activity. The Subrecipient shall identify a lead contact person /project manager. 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. Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life Page 3 of 35 Packet Page -984- 7/24/2012 Item 11.H. Agreement #NSP -003 and /or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. Should the Subrecipient enter into a property management agreement with a property management company the Subrecipient shall provide a copy of the property management agreement to the grant coordinator for review 30 calendar days prior to execution. All conditions set forth in this agreement shall be included in any sub contract for property management services. The Subrecipient shall notify the County grant coordinator thirty (30) days prior to any changes in the key personnel such as the CEO or CFO. D. Performance Monitoring County will monitor the performance of Subrecipient against goals and performance standards as stated above. Subrecipient shall provide County all necessary reporting information as required by County in the administration and review of the project(s). Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time as determined by the County, after being notified by County, contract suspension or termination procedures will be initiated. IV. TIME AND PERFORMANCE Activities of the Subrecipient shall start on the day of , 2012 and end on the day of of 2027 ( "Project Period "). [County may add specific timeframes by which Subrecipient must have certain levels of the NSP Funds committed and /or expended.] Given the immediate response nature of the NSP, all projects are expected to be completed within the project period. Any projects not completed as described may be subject to immediate recapture. V. BUDGET No grant or other funds are to be provided to the Subrecipient from Collier County under this agreement. The Subrecipient shall collect gross rents subtract net operating expense and capital reserve allocation and if any funds remain all NSP Program Income shall be returned on a quarterly basis. Subrecipient shall receive prior written approval from County through the submission of the annual Capital Needs Assessment, Capital Replacement Schedule and an Operating Expenditure Plan prior to expending any NSP rental funds received through this project. The subrecipient shall submit a draft plan for Operating and Capital within 30 days of execution of this agreement. If the NSP Funds are not expended in accordance with the terms, conditions and time period set forth in this agreement or the approved Operating and /or Capital Plan, the total amount of the NSP Funds that exceed the eligible costs of the project(s), the amounts improperly expended shall be repaid and any funds not expended shall be returned to County within thirty (30) days after the expiration or termination of this agreement. Page 4 of 35 Packet Page -985- VI VII. 7/24/2012 Item 11.1-1. Agreement #NSP -003 Project costs shall be paid in accordance with NSP regulations and this agreement. All costs incurred must be fully documented. Subrecipient shall provide any supplementary expenditure information, as requested, within 5 days of request in the form and content prescribed by County. PAYMENT AND PROJECT ACCOUNT(S) Payments -; gay be contingent upon certification of Subrecipient's financial management systerr in accordance with the standards specified in 24 CFR 84.21 or 85.21. County reserves the right to suspend NSP Program expenditures should the Subrecipient fail to provide required reports in a timely and adequate fashion or if Subrecipient fails to meet other terms and conditions of this agreement. NSP Funds shall be deposited and maintained in two separate fund accounts (Operating and Capital). Subrecipient shall keep all records of the accounts in a manner that is consistent with generally accepted accounting principles. All disbursements from the accounts shall be for obligations incurred in the performance of this Agreement and shall be supported by contracts, invoices, vouchers, receipts and other data, as appropriate, evidencing the necessity of such expenditure. NOTICES Notices required by this Agreement shall be made in writing and delivered via mail (postage prepaid), commercial courier, personal delivery or sent by facsimile or other electronic means (provided that receipt is confirmed). 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. Communication and details concerning this contract shall be directed to the following contract representatives: County Geoffrey Magon, Grant Coordinator Collier County Government 3339 East Tamiami Trail Suite 211 Naples, Fl 34112 239 - 252 -2336 Fax 239 -252 -2638 GeoffreyMagon @colliergov.net Page 5 of 35 Packet Page -986 Subrecipient David Glenn, Executive Director 192446 th Terrace SW, LLC 5621 Strand Boulevard Suite #206 Naples, Florida 34110 239 - 594 -9007 Fax 239 - 594 -9004 david.glenn @fddswfl.org VIII F19 7124/2012 Item 11.H. .Agreement #NSP -003 REPORTING AND COMPLIANCE A. Reporting Requirements Subrecipient shall submit to County the reports as required by the NSP and HUD, including but not limited to those referenced in Section III. A. i -iii of this agreement. All records of Subrecipient pertinent to the activities undertaken as part of this agreement shall be maintained in accordance with 24 CFR 570.490 or 570.506. B. Records, Access, and Maintenance Subrecipient shall establish and maintain for at least six (6) years from the final close out of this Agreement such records as are required by County, including but not limited to, financial reports, intake and participant information, program and audit reports. The parties further agree that records required by County with respect to any questioned costs, audit finding, litigation or dispute between HUD and County shall be maintained for the time needed for the resolution of any such issue and that in the event of early termination of this Agreement, or if for any other reason County shall require a review of the records related to the project(s), Subrecipient shall, at its own cost and expense, segregate all such records related to the project(s) from its other records of operation. C. Inspections At any time during normal business hours upon three (3) days prior written notice and as often as County may deem necessary and in such a manner as not to interfere unreasonably with the normal business operations, Subrecipients shall make available to County, for examination, and to HUD, and appropriate federal and state agencies or officials, all of its records with respect to matters covered by this agreement including, but not limited to, records of personnel and conditions of employment and shall permit County to audit, examine and make excerpts or transcripts from such records. The Subrecipient shall provide within 180 days after the end of their fiscal year a certified A -133 audit of the Subrecipients records. D. Use of Federal Grant Funds Subrecipient acknowledges that this agreement involves the use of federal funds and as such, is subject to audit by the agency of the United States Government granting the funds to HUD and County for the purposes of performing the work and activities as listed in Exhibit "A ". Subrecipient shall fully reimburse County for any cost of the Subrecipient which is disallowed by any federal agency and which must be refunded thereto by County. SPECIAL CONDITIONS A. Allowed Amounts of Rents for NSP Rental Units All NSP Properties must be rented to Eligible Persons with incomes 50% to 120% of the Area Median Income. The Subrecipient shall make every effort to rent at least 25% of the property to person below 50% of the Area Median Page 6 of 35 Packet Page -987- 7/24/2012 Item 11.H. Agreement #NSP -003 Income. However in the event the Subrecipient is unable to find a renter with an income that is less than 50% of the median income; the HHVS Director or designee may approve leasing the NSP Properties to a person with an income up to 120% of the Area Median Income. The Subrecipient will select the Eligible Person that will lease the NSP Units using its written criteria provided it is consistent with the NSP regulations. The goal for all NSP rental properties will be as follows: 1. Up to 25% of all NSP Units leased to persons Area Median Income. 2. Up to 50% of all NSP Units leased to persons 80% of the Area Median Income. 3. Up to 25% of the NSP Units may be leased to 80% and 120% of the Area Median Income. with incomes below 50% of the with incomes between 50% and persons with incomes between i. The maximum monthly rent for units leased to persons with incomes below 50% of the Area Median Income will be the higher of: (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 Subrecipient; 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. ii. The maximum monthly rent for units leased to persons with incomes between 50% and 80% of the Area Median Income will be the higher of: (a) The high 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 Subrecipient; or (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. iii. The maximum monthly rent for units leased to persons with incomes between 80% and 120% of the Area Median Income will be the higher of: (a) The Fair Market Rent as published by the United States Department of Housing and Urban Development less the cost of any tenant paid utilities as published by the Housing Program ;or (b) 30% of the persons income as determined by the Subrecipient; or (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. Page 7 of 35 Packet Page -988- 7/24/2012 Item 11.H. Agreement #NSP -003 X. GENERAL CONDITIONS A. General Compliance Subrecipient agrees to comply with the requirements of Housing and Economic recovery Act of 2008, as amended, and Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housii ig and Urban Development regulations concerning CDBG including subpart K of these regulations, except that Subrecipient does not assume the County's environmental responsibilities described in 24 CFR 570.604). Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the activities provided under this agreement. B. Adherence to State and Federal Laws Regulations General Subrecipient accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings and any and all other taxes or payroll withholdings required for all employees engaged by the Subrecipient in the performance of the work and activities authorized by this Agreement. Subrecipient accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. 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, Flori --: Statutes, Collier County Ethics Ordinance No. 2004 -05, and County dministrative Procedure 5311. Violation of this provision may result rye or more of the following consequences: a. Prohibition by the individ firm, and /or any employee of the firm from contact with County ste for a specified period of time; b. Prohibition by the individual and /or rm from doing business with the County for a specified period of tir. e, including but not limited to: submitting bids, RFP, and /or quoty,s: ar -, c. irr -nediate termination of any contract held by the individual & )r firm f- cause. iii. Immiarat -,7 Law Compliance By executing and entering into this agreememt, the St. ` '-dent is formally acknowledging without exception or stipulati— `--, it is .ally responsible for complying with the provisions of the Imr ogration Reform and Control Act of 1986 as located at 8 U.S.C. "?a of sea. Pr--' --- Ilatioris relating thereto, as either may be amended. Failure by the 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. iv. No Improper Use The Subrecipient will not use, nor suffer or permit any person to use in any manner whatsoever, any County facilities for Page 8 of 35 Packet Page -989- 7/24/2012 Item 11.1-1. Agreement #NSP -003 any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Subrecipient or if the County or its authorized representative shall deem any conduct on the part of the Subrecipient to be objectionable or improper, the County shall have the right to suspend the contract of the Subrecipient. Should the Subrecipient fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Subrecipient further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. The Subrecipient shall remain in compliance with all zoning and applicable regulations pursuant to the Collier County Land Development Code. Federal Laws The Subrecipient agrees to comply with applicable state and local civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended (the HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its contractors and subcontractors. vi. INDEMNIFICATION To the maximum extent permitted by Florida law, the Subrecipient shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Subrecipient or anyone employed or utilized by the Subrecipient in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. C. Outstanding Liabilities Subrecipient represents and warrants that it does not owe: (1) any delinquent taxes to the County, the State of Florida (the "State ") or a political subdivision of the State; Page 9 of 35 Packet Page -990- 7/24/2012 Item 11.H. .Agreement #NSP -003 (2) any moneys to the State or a state agency for the administration or enforcement of any environmental laws of the State; and (3) any other moneys to the State, a state agency or a political subdivision of the State that are past due, whether the amounts owed are being contested in a court of law or not. D. Falsification of Information Subrecipient represents and warrants that it has made no false statements to the County in the process of obtaining this award for participation in the NSP. E. Procurement Compliance Subrecipient shall comply with current HUD policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. A complete inventory shall be provided to the County's grant coordinator on July 1 of each year. All program assets (unexpended program income, property, equipment, etc.) shall revert to the County upon termination of this Agreement. All program assets (unexpended program income, property, equipment, multi family property etc.) shall be retained and remain with the Subrecipient after the completion of the fifteen year affordability period. ii. OMB Standards Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48 or 24 CFR 85.36. iii. Travel Subrecipient shall obtain written approval from County for any travel outside the metropolitan area for which NSP Funds are used under this Agreement. All travel costs reimbursed with NSP Funds shall be at the rates allowed under Subrecipient's HUD - approved travel rules. iv. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 or 85 and 24 CFR 570.502, 570.503, and 570.504, as applicable. v. Subcontracts Subrecipient will include all relevant provisions of this Agreement in all subcontracts entered into as part of the activities undertaken in furtherance of this Agreement and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor or contractor is in violation of regulations issued by any federal agency. Subrecipient will not subcontract with any entity 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. Subrecipient shall notify the grant coordinator of their intent to subcontract any services under this agreement. Copies of all executed subcontracts shall be provided to the grant coordinator within thirty (30) days prior to execution. Page 10 of 35 Packet Page -991- 7/24/2012 Item 11.H. Agreement #NSP -003 vi. Conflict of Interest No personnel of Subrecipient, any contractor or subcontractor of Subrecipient, public official, employee or member of the governing body of the particular locality where this Agreement shall be completed, who exercises any functions or responsibilities in connection with the review or approval of the work completed under this Agreement, shall prior to the completion of such work, voluntarily or involuntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge or fulfillment of his functions or responsibilities with respect to the completion of the work contemplated under this Agreement. Any person who, prior to or after the execution of this Agreement, acquires any personal interest, involuntarily or voluntarily, shall immediately disclose his interest to County in writing. Thereafter, he shall not participate in any action affecting the work under this Agreement unless the County determines that, in light of the personal interest disclosed, his participation in any such action would not be contrary to the public interest. Subrecipient shall adhere to the County's Article X. vii. Environmental Requirements Subrecipient agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this Agreement, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. Subrecipient also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966 and HUD Lead -Based Paint Regulation at CFR 570.608 and 24 CFR Part 35, Subpart B. viii. Liability Subrecipient shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or 'damage to property (including property of County) caused by the negligent acts or omissions, or negligent conduct of Subrecipient, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities of this Agreement. Furthermore, the subrecipient agrees to be liable for the negligent acts or negligent omissions by or through itself, its employees, agents and subcontractors. The subrecipient further agrees to defend itself and themselves and pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this Agreement shall impute or transfer any such liability. ix. Insurance and Bonding Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to property value. Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31, 84.48, and 85.36, as applicable, Bonding and Insurance. Page 11 of 35 Packet Page -992- 7/24/2012 Item 11.H. Agreement #NSP -003 x. County Recognition Subrecipient shall insure recognition of the role of County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. The Subrecipient shall use the Collier County Logo and Seal Identity Standards and Guidelines when referring to the County. xi. Termination Procedure 1. Termination County may immediately terminate this Agreement by giving reasonable written notice of termination to the Subrecipient for any of the following occurrences: a. Failure of Subrecipient to fulfill in a timely and proper manner any of its obligations under this Agreement. b. Failure of Subrecipient to submit timely reports that are complete and accurate. c. Failure of Subrecipient to use the NSP- assisted properties for the stated purposes in this Agreement. d. Termination of the NSP by HUD. 2. Effects of Termination Within sixty (60) days after termination of this Agreement, Subrecipient shall surrender all reports, documents, and other materials assembled and prepared pursuant to this Agreement, which shall become the property of County, unless otherwise directed by County. After receiving written notice of termination, Subrecipient shall incur no new obligations and shall cancel as many outstanding obligations as possible. 3. Forbearance Not a Waiver No act of forbearance or failure to insist on the prompt performance by Subrecipient of its obligations under this Agreement, either express or implied, shall be construed as a waiver by County of any of its rights hereunder. F. Relocation The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; 24 CFR Part 42 — Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606 — Displacement, relocation acquisition, and replacement of housing, as may be amended by HUD. The Subrecipient also agrees to comply with applicable County or local ordinances, resolutions and Page 12 of 35 Packet Page -993- 7/24/2012 Item 11.1-1. Agreement #NSP -003 policies concerning the displacement of persons. XI. MISCELLANEOUS A. Governing Law This Agreement shall be governed by the laws of the Federal Government, State of Florida, or Collier County as to all matters, including but not limited to matters of validity, construction, effect and performance. B. Form and Venue All actions regarding this Agreement shall be brought exclusively in a court of competent subject matter jurisdiction in Collier County, Florida, and the parties agree that venue in such courts is appropriate. C. Entire Agreement This Agreement and its exhibits and any documents referred to herein constitute the complete understanding of the parties and merge and supersede any and all other discussions, agreements and understandings, either oral or written, between the parties with respect to the subject matter hereof. D. Severability Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this Agreement. E. Amendments and Modifications Either party may at any time during the term of this Agreement request amendments or modifications. Requests for amendment or modification of this Agreement shall be in writing and shall specify the requested changes and the justification of such changes. The parties shall review the request for modification in terms of the regulations and goals relating to the Project(s). Amendments or modifications to grant agreements (Collier County CMA 5330), such as time extensions, movement of grant funds from line item to line item within the approved grant agreement budget, and other changes that do not increase the County's obligations, require additional staffing, resources or negatively impact another planned or programmed project may be signed by the respective Public Services Division Administrator unless prohibited by the grantor agency, grant agreement or any applicable federal, state, or local laws, rule or regulation. All such amendments must be duly signed by both parties and verbal agreements do not constitute an amendment or modification. F. Pronouns Page 13 of 35 Packet Page -994- 7/24/2012 Item 11.1-1. Agreement #NSP -003 The use of any gender pronoun shall be deemed to include all the other genders, and the use of any singular noun or verb shall be deemed to include the plural, and vice versa, whenever the context so requires. G. Headings Section headings contained in this Agreement are inserted for convenience only and shall not be deemed to be a part of this Agreement. H. Assignments Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned, subcontracted or sub granted by the Subrecipient without the prior express written consent of the County. I. Costs Associated with the Conveyance of the Propertv Each party shall be responsible for payment of its own attorney's fees. The Subrecipient shall be responsible for payment of the cost of recording the Statutory Deed(s) and the pro -rata share of the water, sewer, and garbage charges. The Subrecipient shall be responsible to transfer associated utility accounts within 48 hours after the day of closing. XII. List of Exhibits A. Exhibit A: Project Description B. Exhibit A -1: Affordability Requirements C. Exhibit A -2: Grant Agency Requirements D. Exhibit A -3: Reporting E. Exhibit A -4: Monitoring F. Exhibit A -5: Income Certification G. Exhibit A -6: Quarterly Performance Report H. Exhibit A -7: Operating and Capital Expense /Program Income /Expenditures Page 14 of 35 Packet Page -995- 7/24/2012 Item 11.H. Agreement #NSP -003 IN WITNESS WHEREOF, the County and Subrecipient, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA By: By: Dated: Fred W. Coyle, Chairman (SEAL) Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney SUBRECIPIENT: 1924 46th Terrace SW, LLC By: First Witness C. Richard Mancini Type /print witness name Board President Second Witness Type /print witness name Page 15 of 35 Packet Page -996- EXHIBIT A. Project Description A. GENERAL 7/24/2012 Item 11.H. Agreement #NSP -003 Subrecipient will be provided ownership in certain real property acquired by the County for the purpose of rental to NSP - eligible persons or families. The property associated with this agreement consists of a multi - family residential dwelling units. The property associated with this agreement is more particularly described in Section D of this exhibit. All costs associated with the transfer for the aforementioned property from County to Subrecipient shall be borne by Subrecipient. B. ELIGIBLE ACTIVITIES The following activities are eligible under this Agreement and are more thoroughly described in the NSP Notice. 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. 24 CFR 570.201(a) Acquisition, (b) Disposition homeownership assistance (as modified below): o 24 CFR 570.202 eligible rehabilitation homes and residential properties. C. ELIGIBLE INCOME LEVELS OF RENTERS (i) Relocation, and (n) Direct and preservation activities for NSP- assisted property subject to the agreement shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income. However, not less than twenty -five (25) percent of the tenants/ individuals or families may not have an income that exceeds 50 percent of the area median income ( "LH25 Requirement "). D. SCOPE OF SERVICE: (a)The major goal of the agreement is to provide affordable rental housing through the operation of a multi - family property located at the following addresses in Naples, Florida: 192446 th Terrace, S.W.; Naples, Florida 34116; Lot 25, Block 23, Golden Gate Unit 2, according to the Plat thereof as recorded in Plat Book 5, Pages 65 to 77, inclusive, of the Public Records of Collier County, Florida (b) The Subrecipient will operate all tasks in connection with this rental housing program in compliance with all applicable federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the County. Toward the goal of renting out the available units to eligible applicants, the major tasks that the Subrecipient intends to perform include, but are not necessarily limited to, the following : Page 16 of 35 Packet Page -997- 2+/201-2 Item 11.H. Agreement #NSP -003 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. Intaka' -sses, . $ - -�� Tpr,n} golection Plan will be put in place that estabK nes eligibility requirements, income limits, procedures for accepting applicaf ;:,ns and selecting from the waiting list, and preferences, in accordance with all and HIPPA regulations. 4. Maintenance of case files and other 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. Page 17 of 35 Packet Page -998- EXHIBIT A -1. Affordability Requirements GENERAL '7/24/2012 Item 11.H. Agreement #NSP -003 Subrecipient 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. The Subrecipient, at its sole discretion, may impose greater restrictior, z n Iona as the restrictions are at level at or above those of the HOME Investment Partners: ,cps Program. After the 15 year affordability period has been satisfied the requirements attached to the property are no longer applicable. RENTAL: LONG TERM AFFORDABILITY The NSP- assisted housing must meet the affordability requirements for not less than the applicable period of 15 years, specified pursuant to 24 CFR 92.252(a), (c), (e), and (f), and 92.254. The affordability requirements for NSP - assisted rental units apply without regard to transfer of ownership, except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. Collier County will enforce long -term affordability through the use of a recorded lien, covenant, or deed restriction against the assisted property. Subsequent rents during the affordability period will be calculated and applied in conformance with 24 CFR 92.252 (a), (c), (e), (f). RECAPTURE PROVISIONS: The recapture provisions will ensure that the County recoups all of the NSP assistance, if the housing does not continue to be used as a multi- family rental property and the Subrecipient does not continue to own the residence for the duration of the period of affordability. The period of affordability is 15 years based upon the total amount of NSP funds subject to recapture described above. The County may permit the Subrecipient to recover the Subrecipient's investment ( capital improvements made by the owner since the conveyance at the owner's expense minus NSP funds) before recapturing the NSP investment. Any NSP investment recaptured by the County shall remain with the County for future use toward other NSP - eligible activities. Page 18 of 35 Packet Page -999- 7/24/2012 Item 11.H. Agreement #NSP -003 EXHIBIT A -2. Grant Agency Requirements APPLICABLE LAWS AND REGULATIONS Certain State and Federal laws, regulations, and Executive Orders are applicable in .part or in whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally by compliance area, include but may not be limited to the following. GENERAL REQUIREMENTS • 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 Sub- recipients on Administrative Systems. 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 by Executive 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 AND 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). 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). Page 19 of 35 Packet Page -1000- 7/24/2012 Item 11.H. Agreement #NSP -003 • 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 supplemented by Department of Labor regulations. • The Davis -Bacon Act (40 U.S.C. 276(a) to (a -7), as Labor Regulations. • The Davis -Bacon Act (42 U.S.C. 5310). • The Copeland "Anti- Kickback" Act (18 U.S.C. 874) as Labor regulations. OTHER Act (40 U.S.C. 327 -330) as supplemented by Department of supplemented by Department of • Conditions prohibiting inherently religious activities (24 CFR 570.2000)). 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: • If the Subrecipient contracts directly for rehabilitation services or acts as an agent for the homeowner, i.e., signs the rehabilitation contract. • If the Subrecipient 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. • If the individual homeowner contracts directly for rehabilitation services and the Subrecipient is not a party to the contract, the Section 3 requirements do not have to be followed. Page 20 of 35 Packet Page -1001- 7/24/2012 Item 11.1-1. Agreement #NSP -003 • 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. • 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 Page 21 of 35 Packet Page -1002- 7/24/2012 Item 11.H. Agreement #NSP -003 • 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 subcontractors. Part III - 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 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 Subrecipients 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 Subrecipient 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 Page 22 of 35 Packet Page -1003- 7/24/2012 Item 11.H. Agreement #NSP -003 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 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 Page 23 of 35 Packet Page -1004- 024/2012 Item 11.H. Agreement #NSP -003 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 CFP X11 "'D ('n „n +„s are reauired to verify that any /all persons, contractors, consultants, businesses, sub - recipients, etc. that are conducting business with the County, including any ;;cy /county or the County itself, are not presently debarred, suspended, proposed for debar- ,,ent, 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.eo Is. gov). Page 24 of 35 Packet Page -1005- REPORTING SCHEDULE Report I Due Date EXHIBIT A -3. Reporting Frequency # of Copies Operating Expense 10 days after the Quarterly Actual Expenditure end of the quarter execution and 9/1 Reconciliation Activity Report 10 days after the Quarterly 1 thereafter end of the quarter Operating Expense Rental Operation 90 days after One time and 1 Manual agreement when updated of each year execution Annual Audit 180 days after Annually 2 30 days after end of fiscal year 2 Expenditure Capital Needs 30 days after Annually Assessment execution and 9/1 of each year d2 thereafter Operating Expense 30 days after Annually 2 Budget execution and 9/1 of each year thereafter Capital 30 days after Annually 2 Expenditure execution and 9/1 Schedule of each year thereafter Performance Data 10 days after the Quarterly 1 end of the quarter Income 15 days prior to Per Occurrence 1 Certification tenant move in date Property Insurance 30 days of Annually 1 Certification issuance 7/24/2012 Item 11.H. Agreement #NSP -003 Remittance Addresses Grant Coordinator HHVS Grant Coordinator HHVS Grant Coordinator HHVS Grant Coordinator HHVS and Grant Compliance Office Grant Coordinator, HHVS Grant Coordinator, HHVS Grant Coordinator, HHVS Grant Coordinator, HHVS Grant Coordinator, HHVS Grant Coordinator, HHVS REPORTS (a) Rental Operation Manual to include but not limited to: 1. Plan to maintain the property in a safe and sanitary condition; 2. Plan to contract with qualified independent Subrecipients or contractors for maintenance and repair and for the performance of extraordinary repairs beyond the capability of regular maintenance personnel; Page 25 of 35 Packet Page -1006- 7/24/2012 Item 11.H. Agreement #NSP -003 3. Plan to investigate all service requests from tenants and steps that will be taken to ensure prompt action; 4. Plan to ensure water, electric, gas, fuel, oil, sewage, trash disposal, vermin extermination, decoration of common areas, laundry facilities, telephone services, and other necessary service in connection with the property; 5. Acquire and keep in force at the Subrecipients expense all permits that may be required for the operation of the property as rental housing; 6. Plan to maintain tenant files containing copies of leases, certification forms, notices and other documentation required by the County to conform to the NSP regulations; 7. Plan for marketing the property in accordance with Fair Housing and Equal Opportunity Requirements. (b) The Subrecipient shall submit the NSP Subrecipient activity report and shall include the following: NSP -1 RENTAL SUBRECIPIENT ACTIVITY REPORT 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? 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. RENTAL INFORMATION Complete these tables for those properties rented during this reporting period. Household Data This Reporting Period NjEe Extremely-1 ow Income Households 0 -30% AMI No w Income Households 31 -50% AMI N ome Households 51 -80% AMI Nte - Income Households 81 -120% AMI N Head of Households TOTAL Page 26 of 35 Packet Page -1007- 7/24/2012 Item 11.H. Agreement #NSP -003 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 Page 27 of 35 Packet Page -1008- EXHIBIT A-4. Monitoring DATE: TENANT (S) NAME: PROPERTY ADDRESS: 7/24/2012 Item 11.H. Agreement #NSP -003 SUBRECIPIENT shall submit the following completed form upon rental of each property /room associated with this agreement. SECTION A: PARTICIPANT ELIGIBILITY 1. 2. 3. Were income inclusions and exclusions applied ocrrectly for the chosen 0 7 7 income definition and was the calculation performed correctly? he Low Income set - aside)? Yes No N/A Describe Basis for Conclusion: Was household income supported with source documentation? 0 ❑ 0 Yes No N/A Describe Basis for Conclusion: Was the person's annual income less than or equal to 120% of the area 0 El D median income (or less than or equal to 50% if the unit was designated for he Low Income set - aside)? Yes No N/A Describe Basis for Conclusion: Prepared By: Telephone: Email: Page 28 of 35 Packet Page -1009- EXHIBIT A -5. Income Certification Neighborhood Stabilization Program 1 INSTRUCTIONS 7/24/2012 Item 11.H. Agreement #NSP -003 Submit completed form, including appropriate supporting documentation, to County to obtain approval prior to the rental 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 1 2 3 4 5 6 7 8 Total Cash Value of Assets B(a) Total Income from Assets Bb 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) Page 29 of 35 Packet Page -1010- 7/24/2012 Item 11.H. Agreement #NSP -003 E. 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 1 2 greater of 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. F. 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. G. Required Supporting Documentation (1) Full 3' Party verification (2) Income determination as evidenced by: Section 8 Annual Income, Census Long Form, IRS 1040 (3) Income for all household members for the upcoming 12 month period 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 Page 30 of 35 Packet Page -1011- Date 7/24/2012 Item 11.H. Agreement #NSP -003 Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date H. NSP County 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) ' ousehold 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 fn;- the Np. :s -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Flori-�::. Signature of the NSP %r His /H ,.. L)esignated Representative: Signature Date Printed Name I. Household Data Page 31 of 35 Packet Page -1012- Title 7/24/2012 Item 11.1-1. .Agreement #NSP -003 Number of Persons By Race / Ethnicit By A e White Black Hispanic Asian American Indian Other 0-25 26 — 40 41— 61 62+ Special Target / Special Needs Check all that apply) Farm Worker Developmentally Disabled Homeless Elderly Other NOTE: Information 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. Page 32 of 35 Packet Page -1013- EXHIBIT A -6. Performance Report Data GENERAL 7/24/2012 Item 11.H. Agreement #NSP -003 The County 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, Subrecipient 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) operating funds expended, and (b) capital funds expended. 3. ACTIVITY PROGRESS NARRATIVE Described progress made with rental activities 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. Page 33 of 35 Packet Page -1014- 7/24/2012 Item 11.H. Agreement #NSP -003 Exhibit A -7 Operating and Capital Expense /Program Income /Expenditures All use of gross rental income shall conform to the approved annual operating expense plan, capital needs plan /schedule and shall be for eligible costs that must be supported by source documents that describe the basis of the costs incurred, identify the date of expenditure, provide a copy of cancelled check, invoice, payroll ledger /records and any procurement documents, cost price anlaysis. NSP Eligible Costs (a) Soft costs (b) Hard Costs (c) Delivery Costs All services and expenditures shall be supported and documented by three quotes in writing and conform to this agreement. The Subrecipient shall annually prepare an operating expense plan to include but not limited to: ❑ Utilities []Pest Control ❑Lawn Maintenance ❑ Property management services The Subrecipient shall establish a set -aside from any "effective gross income" (any rental monies collected above monthly operating expenses) that may be used for capital improvements in accordance with annually approved capital needs assessment and replacement schedule. It is anticipated that capital expenditures may be necessary over the course of this project and shall be addressed in the annual capital needs assessment and capital replacement reserve. Capital expenditures may include but are not limited to: ❑ Landscaping: tree removal, planting of trees and /or bushes, etc. ❑ Painting: interior and exterior ❑ Pressure washing ❑ Fencing installation and replacement ❑ Flooring ❑ Roofing ❑ Paving driveways and sidewalks E Patio repair and upgrades ❑ Security systems — installation and upgrades ❑ Appliances: replacement schedule determined by HUD ❑ Accessibility: incorporation of universal design elements (wider doors, grab bars, walk - in showers, etc.) Page 34 of 35 Packet Page -1015- '1'/24/2012 Item 11.H. Agreement #NSP -003 Monthly the Subrecipient shall deduct all approved operating expenses from the gross rents and deduct for the capital reserve account. Any funds, if remaining. shall be returned to the County on quarterly basis. All expenditures and deductions shall be in accordance with the annual approved operating and capital plans submitted and approved by the County. All expenditures are subject to monitoring and onsite review by the County. Page 35 of 35 Packet Page -1016- 7/24/2012 Item 11.H. Agreement #NSP -002 NEIGHBORHOOD STABILIZATION PROGRAM CFDA No. 14.218 SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND 5271 c'Wr 24t" Avenue SW, LLC THIS AGREEMENT, made and entered into on this day of , 2012, by and between Collier County, a political subdivision of the State of Florida (hereinafter called the "County "), and 5271 SW 24th Avenue, LLC (agreement # NSP -002), a private not - for - profit corporation, existing under the laws of the State of Florida, having its principal office at 5621 Strand Boulevard Suite #206 Naples, Florida (hereinafter called the "Subrecipient ") to undertake the Neighborhood Stabilization Program ( "NSP ") as approved by the Collier County Board of County Commissioners. 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 NSP funds to acquire and rehabilitate certain real property located in Collier County for the purpose of providing affordable rental housing opportunities to benefit low- and moderate - income persons and families; and WHEREAS, the Subrecipient has submitted a Proposal for participation in the Collier County NSP; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the NSP and in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto, that: DEFINITIONS A. "CDBG" means the Community Development Block Grant program. B. "CDBG Act' means the Housing and Community Development Act of 1974, Pub. L. No. 93 -383, as amended. Unless otherwise noted in HERA, as amended, and the alternatives in the NSP Notices, NSP is governed by the CDBG regulations. C. "CDBG Funds" means the definition at 24 CFR 570.3. D. "Eligible Costs" means costs of activities that are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and conform to all NSP requirements. E. "Environmental Requirements" means the requirements described in 24 CFR Part 58. F. 5271 24th Avenue SW LLC: The wholly owned subsidiary of Foundation for Developmentally Disabled hereinafter referred to as the Subrecipient. G. Grant Coordinator: Designated HHVS representative who is responsible for the enforcement of the terms and conditions of the agreement. H. "HERA" means the NSP found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. Page 1 of 35 Packet Page -1017- 7/24/2012 Item 11.H. Agreement #NSP -002 I. Housing Human and Veteran Services (HHVS): A department within the Public Services division within Collier County Government. J. "HUD" means the U.S. Department of Housing and Urban Development. K. "LMMI" is the HUD- defined term incorporating households with eligible incomes (at or below 120 percent of the area median income, based on household size and metropolitan statistical area), including low -, moderate -, and middle- income, in referring to the national objective of the CDBG program. L. "NSP Notice" refers to the alternative requirements for the NSP issued by HUD in the Federal Register on October 19, 2010, Docket No. FR- 5447 -N -01. M. "NSP Funds" means those funds provide to, or generated by, the activities contemplated in this Agreement. N. "Program Income" means the NSP portion of any gross income received by the Subrecipient directly generated from the use of NSP funds, as described in 24 CFR 570.500(a). O. "Subrecipient" means a public or private nonprofit agency, authority, or organization, or for - profit entity authorized under 24 CFR 570.201(0), receiving CDBG funds from the recipient or another Subrecipient to undertake activities eligible for such assistance under 24 CFR Part 570 Subpart C. SCOPE OF PROJECT A. Activities Subrecipient shall undertake and complete the activities as set forth in Exhibit A to this Agreement, which provides a description of the activity including the products to be provided and or services to be performed, and identifies the person or entity providing the services, the location of the activities, the recipients of the service, and the manner and means of the services. B. National Obiectives All activities funded with NSP funds must meet the NSP's income eligibility requirement of benefit to low -, moderate- and middle- income persons. Subrecipient certifies that the activity or activities carried out under this Agreement will meet the NSP income eligibility requirements as follows: 100 percent of persons benefiting from the activity or activities performed under this Agreement shall meet the HUD definition of low -, moderate -, or middle income. III. SCOPE OF SERVICES A. General Administration Subrecipient will be responsible for the general administration of the NSP for activities set forth herein and those stated in RFP 12 -5836 (herein incorporated by reference) in a manner satisfactory to County and consistent with the standards set forth in the Grant Agreement between County and HUD. Subrecipient shall develop a rental operations manual and a management plan and both shall be submitted to the County's grant coordinator within (90) ninety days of agreement execution in accordance with Exhibit A -3. Such program will include the following activities eligible under the NSP: Page 2 of 35 Packet Page -1018- 7/24/2012 Item 11. H. Agreement #NSP -002 i. Proiect Monitorinq Subrecipient shall submit quarterly reports to County within ten days of prior month end. Such reports may include, but not necessarily be limited to, project progress, beneficiaries, obstacles, achievements, anticipated actions, and services offered. ii. Proiect Fiscal Management Subrecipient shall submit quarterly financial records and a quarterly program income report within ten days after the end of each quarter to the HHVS grant coordinator describing, but not limited to, project expenditures, reconciliation of expenditures to projected expenditures, a summary of gross rents received, and current project account balance (if any). Subrecipient shall ensure that the account structure clearly identifies those expenditures paid by the grant and those expenditures paid by other sources. All expenditures must conform to the allowable cost principles for State & Local Governments 24 CFR 85.22, Non Profits 24 CFR 85.27 and 48 CFR Part 31e for private contractors. Any program income remaining shall be returned to the County quarterly. The Subrecipient shall prepare and submit an Annual Capital Needs Assessment and a Capital Replacement Reserve Schedule, these plans shall be approved by the County prior to any expenditures. The plans shall conform to the required compliance elements set forth by state and federal regulations. iii. Proiect Reporting Subrecipient shall submit annual reports as required by County including, but not necessarily limited to, Section 3, Fair Housing, milestones, accomplishments, and client demographic data. B. Levels of Accomplishment — Goals and Performance Measures Subrecipient shall be responsible to accomplish the levels of performance as set forth in Exhibit "A" and report such measures as persons or households assisted. Subrecipient shall also include time frames for performance to the County as requested. C. Staffing Subrecipient shall ensure adequate and appropriate staffing are allocated to NSP activity. The Subrecipient shall identify a lead contact person /project manager. 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. Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life Page 3 of 35 Packet Page -1019- 7/24/2012 Item 11.H. Agreement #NSP -002 and /or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. Should the Subrecipient enter into a property management agreement with a property management company the Subrecipient shall provide a copy of the property management agreement to the grant coordinator for review 30 calendar days prior to execution. All conditions set forth in this agreement shall be included in any sub contract for property management services. The Subrecipient shall notify the County grant coordinator thirty (30) days prior to any changes in the key personnel such as the CEO or CFO. D. Performance Monitorinq County will monitor the performance of Subrecipient against goals and .performance standards as stated above. Subrecipient shall provide County all necessary reporting information as required by County in the administration and review of the project(s). Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time as determined by the County, after being notified by County, contract suspension or termination procedures will be initiated. IV. TIME AND PERFORMANCE Activities of the Subrecipient shall start on the day of , 2012 and end on the day of of 2027 ( "Project Period "). [County may add specific timeframes by which Subrecipient must have certain levels of the NSP Funds committed and /or expended.] Given the immediate response nature of the NSP, all projects are expected to be completed within the project period. Any projects not completed as described may be subject to immediate recapture. V. BUDGET No grant or other funds are to be provided to the Subrecipient from Collier County under this agreement. The Subrecipient shall collect gross rents subtract net operating expense and capital reserve allocation and if any funds remain all NSP Program Income shall be returned on a quarterly basis. Subrecipient shall receive prior written approval from County through the submission of the annual Capital Needs Assessment, Capital Replacement Schedule and an Operating Expenditure Plan prior to expending any NSP rental funds received through this project. The subrecipient shall submit a draft plan for Operating and Capital within 30 days of execution of this agreement. If the NSP Funds are not expended in accordance with the terms, conditions and time period set forth in this agreement or the approved Operating and /or Capital Plan, the total amount of the NSP Funds that exceed the eligible costs of the project(s), the amounts improperly expended shall be repaid and any funds not expended shall be returned to County within thirty (30) days after the expiration or termination of this agreement. Page 4 of 35 Packet Page -1020- VI VII 7/24/2012 Item 11.H. Agreement #NSP -002 Project costs shall be paid in accordance with NSP regulations and this agreement. All costs incurred must be fully documented. Subrecipient shall provide any supplementary expenditure information, as requested, within 5 days of request in the form and content prescribed by County. PAYMENT AND PROJECT ACCOUNT(S) Payments may be contingent upon certification of Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21 or 85.21. County reserves the right to suspend NSP Program expenditures should the Subrecipient fail to provide required reports in a timely and adequate fashion or if Subrecipient fails to meet other terms and conditions of this agreement. NSP Funds shall be deposited and maintained in two separate fund accounts (Operating and Capital). Subrecipient shall keep all records of the accounts in a manner that is consistent with generally accepted accounting principles. All disbursements from the accounts shall be for obligations incurred in the performance of this Agreement and shall be supported by contracts, invoices, vouchers, receipts and other data, as appropriate, evidencing the necessity of such expenditure. NOTICES Notices required by this Agreement shall be made in writing and delivered via mail (postage prepaid), commercial courier, personal delivery or sent by facsimile or other electronic means (provided that receipt is confirmed). 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. Communication and details concerning this contract shall be directed to the following contract representatives: County Geoffrey Magon, Grant Coordinator Collier County Government 3339 East Tamiami Trail Suite 211 Naples, Fl 34112 239 - 252 -2336 Fax 239 - 252 -2638 GeoffreyMagon@colliergov.net Page 5 of 35 Packet Page -1021- Subrecipient David Glenn, Executive Director 5271 24th Avenue SW, LLC 5621 Strand Boulevard Suite #206 Naples, Florida 34110 239 - 594 -9007 Fax 239 - 594 -9004 david.glenn @fddswfl.org 7/24/2012 Item 11.1-1. Agreement #NSP -002 VIII. REPORTING AND COMPLIANCE A. Reporting Requirements Subrecipient shall submit to County the reports as required by the NSP and HUD, including but not limited to those referenced in Section III. A. i -iii of this agreement. All records of Subrecipient pertinent to the activities undertaken as part of this agreement shall be maintained in accordance with 24 CFR 570.490 or 570.506. B. Records. Access, and Maintenance Subrecipient shall establish and maintain for at least six (6) years from the final close out of this Agreement such records as are required by County, including but not limited to, financial reports, intake and participant information, program and audit reports. The parties further agree that records required by County with respect to any questioned costs, audit finding, litigation or dispute between HUD and County shall be maintained for the time needed for the resolution of any such issue and that in the event of early termination of this Agreement, or if for any other reason County shall require a review of the records related to the project(s), Subrecipient shall, at its own cost and expense, segregate all such records related to the project(s) from its other records of operation. C. Inspections At any time during normal business hours upon three (3) days prior written notice and as often as County may deem necessary and in such a manner as not to interfere *unreasonably with the normal business operations, Subrecipients shall make available to County, for examination, and to HUD, and appropriate federal and state agencies or officials, all of its records with respect to matters covered by this agreement including, but not limited to, records of personnel and conditions of employment and shall permit County to audit, examine and make excerpts or transcripts from such records. The Subrecipient shall provide within 180 days after the end of their fiscal year a certified A -133 audit of the Subrecipients records. D. Use of Federal Grant Funds Subrecipient acknowledges that this agreement involves the use of federal funds and as such, is subject to audit by the agency of the United States Government granting the funds to HUD and County for the purposes of performing the work and activities as listed in Exhibit "A ". Subrecipient shall fully reimburse County for any cost of the Subrecipient which is disallowed by any federal agency and which must be refunded thereto by County. IX. SPECIAL CONDITIONS A. Allowed Amounts of Rents for NSP Rental Units All NSP Properties must be rented to Eligible Persons with incomes 50% to 120% of the Area Median Income. The Subrecipient shall make every effort to rent at least 25% of the property to person below 50% of the Area Median Page 6 of 35 Packet Page -1022- 7/24/2012 Item 11. H. Agreement #NSP -002 Income. However in the event the Subrecipient is unable to find a renter with an income that is less than 50% of the median income; the HHVS Director or designee may approve leasing the NSP Properties to a person with an income up to 120% of the Area Median Income. The Subrecipient will select the Eligible Person that will lease the NSP Units using its written criteria provided it is consistent with the NSP regulations. The goal for all NSP rental properties will be as follows: 1. Up to 25% of all NSP Units leased to Area Median Income. 2. Up to 50% of all NSP Units leased to 80% of the Area Median Income. 3. Up to 25% of the NSP Units may be 80% and 120% of the Area Median persons with incomes below 50% of the persons with incomes between 50% and leased to persons with incomes between Income. i. The maximum monthly rent for units leased to persons with incomes below 50% of the Area Median Income will be the higher of: (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 Subrecipient; 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. ii. The maximum monthly rent for units leased to persons with incomes between 50% and 80% of the Area Median Income will be the higher of: (a) The high 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 Subrecipient; or (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. iii. The maximum monthly rent for units leased to persons with incomes between 80% and 120% of the Area Median Income will be the higher of: (a) The Fair Market Rent as published by the United States Department of Housing and Urban Development less the cost of any tenant paid utilities as published by the Housing Program ;or (b) 30% of the persons income as determined by the Subrecipient; or (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. Page 7 of 35 Packet Page -1023- 7/24/2012 Item 11.1-1. Agreement #NSP -002 X. GENERAL CONDITIONS A. General Compliance Subrecipient agrees to comply with the requirements of Housing and Economic recovery Act of 2008, as amended, and Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning CDBG including subpart K of these regulations, except that Subrecipient does not assume the County's environmental responsibilities described in 24 CFR 570.604). Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the activities provided under this agreement. B. Adherence to State and Federal Laws, Regulations General Subrecipient accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings and any and all other taxes or payroll withholdings required for all employees engaged by the Subrecipient in the performance of the work and activities authorized by this Agreement. Subrecipient accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. ii. 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, 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. iii. Immigration Law Compliance By executing and entering into this agreement, the Subrecipient is formally acknowledging without exception or stipulation that it is 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. Failure by the 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. iv. No Improper Use The Subrecipient will not use, nor suffer or permit any person to use in any manner whatsoever, any County facilities for Page 8 of 35 Packet Page -1024- 7/24/2012 Item 11.H. Agreement #NSP -002 any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Subrecipient or if the County or its authorized representative shall deem any conduct on the part of the Subrecipient to be objectionable or improper, the County shall have the right to suspend the contract of the Subrecipient. Should the Subrecipient fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Subrecipient further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. The Subrecipient shall remain in compliance with all zoning and applicable regulations pursuant to the Collier County Land Development Code. v. Federal Laws The Subrecipient agrees to comply with applicable state and local civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended (the HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its contractors and subcontractors. vi. INDEMNIFICATION To the maximum extent permitted by Florida law, the Subrecipient shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Subrecipient or anyone employed or utilized by the Subrecipient in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. C. Outstanding Liabilities Subrecipient represents and warrants that it does not owe: (1) any delinquent taxes to the County, the State of Florida (the "State ") or a political subdivision of the State; Page 9 of 35 Packet Page -1025- 7/24/2012 Item 11.H. Agreement #NSP -002 (2) any moneys to the State or a state agency for the administration or enforcement of any environmental laws of the State; and (3) any other moneys to the State, a state agency or a political subdivision of the State that are past due, whether the amounts owed are being contested in a court of law or not. D. Falsification of Information Subrecipient represents and warrants that it has made no false statements to the County in the process of obtaining this award for participation in the NSP. E. Procurement Compliance Subrecipient shall comply with current HUD policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. A complete inventory shall be provided to the County's grant coordinator on July 1 of each year. All program assets (unexpended program income, property, equipment, etc.) shall revert to the County upon termination of this Agreement. All program assets (unexpended program income, property, equipment, multi family property etc.) shall be retained and remain with the Subrecipient after the completion of the fifteen year affordability period. ii. OMB Standards Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48 or 24 CFR 85.36. iii. Travel Subrecipient shall obtain written approval from County for any travel outside the metropolitan area for which NSP Funds are used under this Agreement. All travel costs reimbursed with NSP Funds shall be at the rates allowed under Subrecipient's HUD - approved travel rules. iv. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 or 85 and 24 CFR 570.502, 570.503, and 570.504, as applicable. v. Subcontracts Subrecipient will include all relevant provisions of this Agreement in all subcontracts entered into as part of the activities undertaken in furtherance of this Agreement and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor or contractor is in violation of regulations issued by any federal agency. Subrecipient will not subcontract with any entity 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. Subrecipient shall notify the grant coordinator of their intent to subcontract any services under this agreement. Copies of all executed subcontracts shall be provided to the grant coordinator within thirty (30) days prior to execution. Page 10 of 35 Packet Page -1026- 7/24/2012 Item 11.H. Agreement #NSP -002 vi. Conflict of Interest No personnel of Subrecipient, any contractor or subcontractor of Subrecipient, public official, employee or member of the governing body of the particular locality where this Agreement shall be completed, who exercises any functions or responsibilities in connection with the review or approval of the work completed under this Agreement, shall prior to the completion of such work, voluntarily or involuntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge or fulfillment of his functions or responsibilities with respect to the completion of the work contemplated under this Agreement. Any person who, prior to or after the execution of this Agreement, acquires any personal interest, involuntarily or voluntarily, shall immediately disclose his interest to County in writing. Thereafter, he shall not participate in any action affecting the work under this Agreement unless the County determines that, in light of the personal interest disclosed, his participation in any such action would not be contrary to the public interest. Subrecipient shall adhere to the County's Article X. vii. Environmental Requirements Subrecipient agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this Agreement, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. Subrecipient also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966 and HUD Lead -Based Paint Regulation at CFR 570.608 and 24 CFR Part 35, Subpart B. viii. Liability Subrecipient shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of County) caused by the negligent acts or omissions, or negligent conduct of Subrecipient, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities of this Agreement. Furthermore, the subrecipient agrees to be liable for the negligent acts or negligent omissions by or through itself, its employees, agents and subcontractors. The subrecipient further agrees to defend itself and themselves and pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this Agreement shall impute or transfer any such liability. ix. Insurance and Bonding Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to property value. Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31, 84.48, and 85.36, as applicable, Bonding and Insurance. Pagel 1 of 35 Packet Page -1027- 7/24/2012 Item 11.H. Agreement #NSP -002 x. County Recognition Subrecipient shall insure recognition of the role of County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. The Subrecipient shall use the Collier County Logo and Seal Identity Standards and Guidelines when referring to the County. xi. Termination Procedure 1. Termination County may immediately terminate this Agreement by giving reasonable written notice of termination to the Subrecipient for any of the following occurrences: a. Failure of Subrecipient to fulfill in a timely and proper manner any of its obligations under this Agreement. b. Failure of Subrecipient to submit timely reports that are complete and accurate. c. Failure of Subrecipient to use the NSP- assisted properties for the stated purposes in this Agreement. d. Termination of the NSP by HUD 2. Effects of Termination Within sixty (60) days after termination of this Agreement, Subrecipient shall surrender all reports, documents, and other materials assembled and prepared pursuant to this Agreement, which shall become the property of County, unless otherwise directed by County. After receiving written notice of termination, Subrecipient shall incur no new obligations and shall cancel as many outstanding obligations as possible. 3. Forbearance Not a Waiver No act of forbearance or failure to insist on the prompt performance by Subrecipient of its obligations under this Agreement, either express or implied, shall be construed as a waiver by County of any of its rights hereunder. F. Relocation The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; 24 CFR Part 42 — Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606 — Displacement, relocation acquisition, and replacement of housing, as may be amended by HUD. The Subrecipient also agrees to comply with applicable County or local ordinances, resolutions and Page 12 of 35 Packet Page -1028- 7/24/2012 Item 11.H. Agreement #NSP -002 policies concerning the displacement of persons. XI. MISCELLANEOUS A. Governing Law This Agreement shall be governed by the laws of the Federal Government, State of Florida, or Collier County as to all matters, including but not limited to matters of validity, construction, effect and performance. B. Form and Venue All actions regarding this Agreement shall be brought exclusively in a court of competent subject matter jurisdiction in Collier County, Florida, and the parties agree that venue in such courts is appropriate. C. Entire Agreement This Agreement and its exhibits and any documents referred to herein constitute the complete understanding of the parties and merge and supersede any and all other discussions, agreements and understandings, either oral or written, between the parties with respect to the subject matter hereof. D. Severability Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this Agreement. E. Amendments and Modifications Either party may at any time during the term of this Agreement request amendments or modifications. Requests for amendment or modification of this Agreement shall be in writing and shall specify the requested changes and the justification of such changes. The parties shall review the request for modification in terms of the regulations and goals relating to the Project(s). Amendments or modifications to grant agreements (Collier County CMA 5330), such as time extensions, movement of grant funds from line item to line item within the approved grant agreement budget, and other changes that do not increase the County's obligations, require additional staffing, resources or negatively impact another planned or programmed project may be signed by the respective Public Services Division Administrator unless prohibited by the grantor agency, grant agreement or any applicable federal, state, or local laws, rule or regulation. All such amendments must be duly signed by both parties and verbal agreements do not constitute an amendment or modification. Page 13 of 35 Packet Page -1029- 7/24/2012 Item 11.H. Agreement #NSP -002 F. Pronouns The use of any gender pronoun shall be deemed to include all the other genders, and the use of any singular noun or verb shall be deemed to include the plural, and vice versa, whenever the context so requires. G. Headings Section headings contained in this Agreement are inserted for convenience only and shall not be deemed to be a part of this Agreement. H. Assignments Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned, subcontracted or sub granted by the Subrecipient without the prior express written consent of the County. I. Costs Associated with the Conveyance of the Prooerty Each party shall be responsible for payment of its own attorney's fees. The Subrecipient shall be responsible for payment of the cost of recording the Statutory Deed(s) and the pro -rata share of the water, sewer, and garbage charges. The Subrecipient shall be responsible to transfer associated utility accounts within 48 hours after the day of closing. XII. List of Exhibits A. Exhibit A: Project Description B. Exhibit A -1: Affordability Requirements C. Exhibit A -2: Grant Agency Requirements D. Exhibit A -3: Reporting E. Exhibit A -4: Monitoring F. Exhibit A -5: Income Certification G. Exhibit A -6: Quarterly Performance Report H. Exhibit A -7: Operating and Capital Expense /Program Income /Expenditures Page 14 of 35 Packet Page -1030- 7/24/2012 Item 11.H. .Agreement #NSP -002 IN WITNESS WHEREOF, the County and Subrecipient, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney First Witness Type /print witness name Second Witness Type /print witness name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman SUBRECIPIENT: 5271 24th Avenue SW, LLC By: C. Richard Mancini Board President Page 15 of 35 Packet Page -1031- EXHIBIT A. Project Description A. GENERAL 7/24/2012 Item 11.H. Agreement #NSP -002 Subrecipient will be provided ownership in certain real property acquired by the County for the purpose of rental to NSP - eligible persons or families. The property associated with this agreement consists of a multi - family residential dwelling units. The property associated with this agreement is more particularly described in- Section D of this exhibit. All costs associated ;rith the transfer for the aforementioned property from County to Subrecipient s!iaii qe borne by Subrecipient. B. ELIGIBLE ACTIVITIES The following activities are eligible under this Agreement and are more thoroughly described in the NSP Notice. 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. 24 CFR 570.201(a) Acquisition, (b) Disposition, homeownership assistance (as modified below): 0 24 CFR 570.202 eligible rehabilitation homes and residential properties. C. ELIGIBLE INCOME LEVELS OF RENTERS (i) Relocation, and (n) Direct and preservation activities for NSP- assisted property subject to the agreement shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income. However, not less than twenty -five (25) percent of the tenants/ individuals or families may not have an income that exceeds 50 percent of the area median income ( "LH25 Requirement "). D. SCOPE OF SERVICE: (a)The.major goal of the agreement is to provide affordable rental housing through the operation of a multi - family property located at the following addresses in Naples, Florida: 192446 th Terrace, S.W.; Naples, Florida 34116; Lot 25, Block 23, Golden Gate Unit 2, according to the Plat thereof as recorded in Plat Book 5, Pages 65 to 77, inclusive, of the Public Records of Collier County, Florida (b) The Subrecipient will operate all tasks in connection with this rental housing program in compliance with all applicable federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the County. Toward the goal of renting out the available units to eligible applicants, the major tasks that the Subrecipient intends to perform include, but are not necessarily limited to, the following : Page 16 of 35 Packet Page -1032- 7/24/2012 Item 11.H. Agreement #NSP -002 1. 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 other 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. Page 17 of 35 Packet Page -1033- EXHIBIT A -1. Affordability Requirements GENERAL 7/24/2012 Item 11.H. Agreement #NSP -002 Subrecipient 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. The Subrecipient, 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. After the 15 year affordability period has been satisfied the requirements attached to the property are no longer applicable. RENTAL: LONG TERM AFFORDABILITY The NSP- assisted housing must meet the affordability requirements for not less than the applicable period of 15 years, specified pursuant to 24 CFR 92.252(x), (c), (e), and (f), and 92.254. The affordability requirements for NSP - assisted rental units apply without regard to transfer of ownership, except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. Collier County will enforce long -term affordability through the use of a recorded lien, covenant, or deed restriction against the assisted property. Subsequent rents during the affordability period will be calculated and applied in conformance with 24 CFR 92.252 (a), (c), (e), (f). RECAPTURE PROVISIONS: The recapture provisions will ensure that the County recoups all of the NSP assistance, if the housing does not continue to be used as a multi- family rental property and the Subrecipient does not continue to own the residence for the duration of the period of affordability. The period of affordability is 15 years based upon the total amount of NSP funds subject to recapture described above. The County may permit the Subrecipient to recover the Subrecipient's investment ( capital improvements made by the owner since the conveyance at the owner's expense minus NSP funds) before recapturing the NSP investment. Any NSP investment recaptured by the County shall remain with the County for future use toward other NSP - eligible activities. Page 18 of 35 Packet Page -1034- 7/24/2012 Item 11.H. Agreement #NSP -002 EXHIBIT A -2. Grant Agency Requirements APPLICABLE LAWS AND REGULATIONS Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally by compliance area, include but may not be limited to the following. GENERAL REQUIREMENTS The Hcjusing 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 Sub - recipients on Administrative Systems. 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 by Executive 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 AND 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). 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). Page 19 of 35 Packet Page -1035- 7/24/2012 Item 11. H. Agreement #NSP -002 • 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 570.2000)). 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: • If the Subrecipient contracts directly for rehabilitation services or acts as an agent for the homeowner, i.e., signs the rehabilitation contract. • If the Subrecipient 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. • If the individual homeowner contracts directly for rehabilitation services and the Subrecipient is not a party to the contract, the Section 3 requirements do not have to be followed. Page 20 of 35 Packet Page -1036- 7/24/2012 Item 11.H. Agreement #NSP -002 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. 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 Page 21 of 35 Packet Page -1037- 7/24/2012 Item 11.H. Agreement #NSP -002 • 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 subcontractors. Part III - 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 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 Subrecipients 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 Subrecipient 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 gigm Page 22 of 35 Packet Page -1038- 7/24/2012 Item 11.H. Agreement #NSP -002 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. 1701 u (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 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 Page 23 of 35 Packet Page -1039- 824/2012 Item 11.H. Agreement #NSP -002 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 Countys are required to verify that any /all persons, contractors, consultants, businesses, sub - recipients, etc. that are conducting business with the County, including any city' ^_nimty or the County itself, are not presently debarred, suspended, proposed for debarment, declared ineiig ?'?le, 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.Qov). Page 24 of 35 Packet Page -1040- EXHIBIT A -3. Reporting REPORTING SCHEDULE 7/24/2012 Item 11.H. Agreement #NSP -002 Report Due Date Frequency # of Copies Remittance Addresses Operating Expense 10 days after the Quarterly 1 Grant Coordinator Actual Expenditure end of the quarter HHVS Reconciliation Activity Report 10 days after the Quarterly 1 Grant Coordinator end of the quarter HHVS Rental Operation 90 days after One time and 1 Grant Coordinator Manual agreement when updated HHVS execution Annual Audit 180 days after Annually 2 Grant Coordinator end of fiscal year HHVS and Grant Com liance Office Capital Needs 30 days after Annually 2 Grant Assessment execution and 9/1 Coordinator, of each year HHVS thereafter Operating Expense 30 days after Annually 2 Grant Budget execution and 9/1 Coordinator, of each year HHVS thereafter Capital 30 days after Annually 2 Grant Expenditure execution and 9/1 Coordinator, Schedule of each year HHVS thereafter Performance Data 10 days after the Quarterly 1 Grant end of the quarter Coordinator, HHVS Income 15 days prior to Per Occurrence 1 Grant Certification tenant move in Coordinator, date HHVS Property Insurance 30 days of Annually 1 Grant Certification issuance Coordinator, HHVS REPORTS (a) Rental Operation Manual to include but not limited to: 1. Plan to maintain the property in a safe and sanitary condition; 2. Plan to contract with qualified independent Subrecipients or contractors for maintenance and repair and for the performance of extraordinary repairs beyond the capability of regular maintenance personnel; Page 25 of 35 Packet Page -1041- 7/24/2012 Item 11.H. Agreement #NSP -002 3. Plan to investigate all service requests from tenants and steps that will be taken to ensure prompt action; 4. Plan to ensure water, electric, gas, fuel, oil, sewage, trash disposal, vermin extermination, decoration of common areas, laundry facilities, telephone services, and other necessary service in connection with the property; 5. Acquire and keep in force at the Subrecipients expense all permits that may be required for the operation of the property as rental housing; 6. Plan to maintain tenant files containing copies of leases, certification forms, notices and other documentation required by the County to conform to the NSP regulations; 7. Plan for marketing the property in accordance with Fair Housing and Equal Opportunity Requirements. (b) The Subrecipient shall submit the NSP Subrecipient activity report and shall include the following: NSP -1 RENTAL SUBRECIPIENT ACTIVITY REPORT 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? 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. RENTAL INFORMATION Complete these tables for those properties rented 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 Page 26 of 35 Packet Page -1042- 7/24/2012 Item 11. H. Agreement #NSP -002 RACE AND ETHNICITY BENEFICIARIES White Race Total No. His anic 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 Page 27 of 35 Packet Page -1043- 7/24/2012 Item 11.H. Agreement #NSP -002 EXHIBIT A-4. Monitoring DATE: TENANT (S) NAME: PROPERTY ADDRESS: SUBRECIPIENT shall submit the following completed form upon rental of each property /room associated with this agreement. SECTION A: PARTICIPANT ELIGIBILITY 1. 2. 3. Were. income inclusions and exclusions applied ocrrectly for the chosen ❑ ❑ ❑ income definition and was the calculation performed correctly? Yes No N/A Describe Basis for Conclusion: as household income supported with source documentation? ❑ 7N/A Yes No Basis for Conclusion: Was the person's annual income less than or equal to 120% of the area ❑ ❑ ❑ median income (or less than or equal to 50% if the unit was designated for he Low Income set - aside)? Yes No N/A Describe Basis for Conclusion: Prepared By: Telephone: _ Email: Page 28 of 35 Packet Page -1044- EXHIBIT A -5. Income Certification Neighborhood Stabilization Program 1 INSTRUCTIONS 7/24/2012 Item 11. H Agreement #NSP -002 Submit completed form, including appropriate supporting documentation, to County to obtain approval prior to the rental 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 1 2 3 4 5 6 7 8 Total Cash Value of Assets B(a) Total Income from Assets Bb 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) Page 29 of 35 Packet Page -1045- 7/24/2012 Item 11.H. Agreement #NSP -002 E. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of 14 box B(b) or box B(c), above, in box C(e) 6 below) 8 Totals (a) (b) (c) (d) (e) Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. F. 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. G. Required Supporting Documentation (1) Full V Party verification (2) Income determination as evidenced by: Section 8 Annual Income, Census Long Form, IRS 1040 (3) Income for all household members for the upcoming 12 month period 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 Page 30 of 35 Packet Page -1046- Signature of Spouse or Co -Head of Household 7/24/2012 Item 11.H. Agreement #NSP -002 Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date H. NSP County 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 I. Household Data Page 31 of 35 Packet Page -1047- Title 7/24/2012 Item 11.H. Agreement #NSP -002 Number of Persons B Race/ Ethnicit B A e White Black Hispanic Asian American Indian Other 0-25 25 26 — 40 41— 61 62+ Special Target / Special Needs Check all that a I Farm Worker Developmentally Homeless Elderl Disabled y Other NOTE: Information 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. Page 32 of 35 Packet Page -1048- EXHIBIT A -6. Performance Report Data GENERAL 7/24/2012 Item 11.1-1. Agreement #NSP -002 The County 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, Subrecipient 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) operating funds expended, and (b) capital funds expended. 3. ACTIVITY PROGRESS NARRATIVE Described progress made with rental activities 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. Page 33 of 35 Packet Page -1049- 7/24/2012 Item 11.H. Agreement #NSP -002 Exhibit A -7 Operating and Capital Expense /Program Income /Expenditures All use of gross rental income shall conform to the approved annual operating expense plan, capital needs plan /schedule and shall be for eligible costs that must be supported by source documents that describe the basis of the costs incurred, identify the date of expenditure, provide a copy of cancelled check, invoice, payroll ledger /records and any procurement documents, cost price anlaysis. NSP Eligible Costs (a) Soft costs (b) Hard Costs (c) Delivery Costs All services and expenditures shall be supported and documented by three quotes in writing and conform to this agreement. The Subrecipient shall annually limited to: ❑ Utilities []Pest Control []Lawn Maintenance ❑Property management services prepare an operating expense plan to include but not The Subrecipient shall establish a set -aside from any "effective gross income" (any rental monies collected above monthly operating expenses) that may be used for capital improvements in accordance with annually approved capital needs assessment and replacement schedule. It is anticipated that capital expenditures may be necessary over the course of this project and shall be addressed in the annual capital needs assessment and capital replacement reserve. Capital expenditures may include but are not limited to: ❑ Landscaping: tree removal, planting of trees and /or bushes, etc. ❑ Painting: interior and exterior ❑ Pressure washing ❑ Fencing installation and replacement ❑ Flooring ❑ Roofing ❑ Paving driveways and sidewalks ❑ Patio repair and upgrades ❑ Security systems — installation and upgrades ❑ Appliances: replacement schedule determined by HUD ❑ Accessibility: incorporation of universal design elements (wider doors, grab bars, walk - in showers, etc.) Page 34 of 35 Packet Page -1050- 7/24/2012 Item 11.H. Agreement #NSP -002 Monthly the Subrecipient shall deduct all approved operating expenses from the gross rents and deduct for the capital reserve account. Any funds, if remaining. shall be returned to the County on quarterly basis. All expenditures and deductions shall be in accordance with the annual approved operating and capital plans submitted and approved by the County. All expenditures are subject to monitoring and onsite review by the County. Page 35 of 35 Packet Page -1051- 7/24/2012 Item 11.H. Agreement #NSP -001 NEIGHBORHOOD STABILIZATION PROGRAM CFDA No. 14.218 SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND 5283 SW 241h Avenue SW, LLC THIS AGREEMENT, made and entered into on this day of , 2012, by and between Collier County, a political subdivision of the State of Florida (hereinafter called the "County "), and 5283 SW 24' Avenue, LLC (agreement # NSP -001), a private not - for - profit corporation, existing under the laws of the State of Florida, having its principal office at 5621 Strand Boulevard Suite #206 Naples, Florida (hereinafter called the "Subrecipient ") to undertake the Neighborhood Stabilization Program ( "NSP ") as approved by the Collier County Board of County Commissioners. 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 NSP funds to acquire and rehabilitate certain real property located in Collier County for the purpose of providing affordable rental housing opportunities to benefit low- and moderate - income persons and families; and WHEREAS, the Subrecipient has submitted a Proposal for participation in the Collier County NSP; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the NSP and in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto, that: DEFINITIONS A. "CDBG" means the Community Development Block Grant program. B. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L. No. 93 -383, as amended. Unless otherwise noted in HERA, as amended, and the alternatives in the NSP Notices, NSP is governed by the CDBG regulations. C. "CDBG Funds" means the definition at 24 CFR 570.3. D. "Eligible Costs" means costs of activities that are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and conform to all NSP requirements. E. "Environmental Requirements" means the requirements described in 24 CFR Part 58. F. 5283 24th Avenue SW LLC: The wholly owned subsidiary of Foundation for Developmentally Disabled hereinafter referred to as the Subrecipient. G. Grant Coordinator: Designated HHVS representative who is responsible for the enforcement of the terms and conditions of the agreement. H. "HERA" means the NSP found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. Page 1 of 35 Packet Page -1052- 7/24/2012 Item 11.H. Agreement #NSP -001 I. Housing Human and Veteran Services (HHVS): A department within the Public Services division within Collier County Government. J. "HUD" means the U.S. Department of Housing and Urban Development. K. "LMMI" is the HUD - defined term incorporating households with eligible incomes (at or below 120 percent of the area median income, based on household size and metropolitan statistical area), including low -, moderate -, and middle- income, in referring to the national objective of the CDBG program. L. "NSP Notice" refers to the alternative requirements for the NSP issued by HUD in the Federal Register on October 19, 2010, Docket No. FR- 5447 -N -01. M. "NSP Funds" means those funds provide to, or generated by, the activities contemplated in this Agreement. N. "Program Income" means the NSP portion of any gross income received by the Subrecipient directly generated from the use of NSP funds, as described in 24 CFR 570.500(a). O. "Subrecipient" means a public or private nonprofit agency, authority, or organization, or for - profit entity authorized under 24 CFR 570.201 (o), receiving CDBG funds from the recipient or another Subrecipient to undertake activities eligible for such assistance under 24 CFR Part 570 Subpart C. II. SCOPE OF PROJECT A. Activities Subrecipient shall undertake and complete the activities as set forth in Exhibit A to this Agreement, which provides a description of the activity including the products to be provided and or services to be performed, and identifies the person or entity providing the services, the location of the activities, the recipients of the service, and the manner and means of the services. B. NationalObiectives All activities funded with NSP funds must meet the NSP's income eligibility requirement of benefit to low -, moderate- and middle- income persons. Subrecipient certifies that the activity or activities carried out under this Agreement will meet the NSP income eligibility requirements as follows: 100 percent of persons benefiting from the activity or activities performed under this Agreement shall meet the HUD definition of low -, moderate -, or middle income. III. SCOPE OF SERVICES A. General Administration Subrecipient will be responsible for the general administration of the NSP for activities set forth herein and those stated in RFP 12 -5836 (herein incorporated by reference) in a manner satisfactory to County and consistent with the standards set forth in the Grant Agreement between County and HUD. Subrecipient shall develop a rental operations manual and a management plan and both shall be submitted to the County's grant coordinator within (90) ninety days of agreement execution in accordance with Exhibit A -3. Such program will include the following activities eligible under the NSP: Page 2 of 35 Packet Page -1053- 7/24/2012 Item 11.H. Agreement #NSP -00 I i. Proiect Monitoring Subrecipient shall submit quarterly reports to County within ten days of prior month end. Such reports may include, but not necessarily be limited to, project progress, beneficiaries, obstacles, achievements, anticipated actions, and services offered. Proiect Fiscal Manaaement Subrecipient shall submit quarterly financial records and a quarterly program income report within ten days after the end of each quarter to the HHVS grant coordinator describing, but not limited to, project expenditures, reconciliation of expenditures to projected expenditures, a summary of gross rents received, and current project account balance (if any). Subrecipient shall ensure that the account structure clearly identifies those expenditures paid by the grant and those expenditures paid by other sources. All expenditures must conform to the allowable cost principles for State & Local Governments 24 CFR 85.22, Non Profits 24 CFR 85.27 and 48 CFR Part 31e for private contractors. Any program income remaining shall be returned to the County quarterly. The Subrecipient shall prepare and submit an Annual Capital Needs Assessment and a Capital Replacement Reserve Schedule, these plans shall be approved by the County prior to any expenditures. The plans shall conform to the required compliance elements set forth by state and federal regulations. iii. Proiect Reporting Subrecipient shall submit annual reports as required by County including, but not necessarily limited to, Section 3, Fair Housing, milestones, accomplishments, and client demographic data. B. Levels of Accomplishment — Goals and Performance Measures Subrecipient shall be responsible to accomplish the levels of performance as set forth in Exhibit "A" and report such measures as persons or households assisted. Subrecipient shall also include time frames for performance to the County as requested. C. Staffing Subrecipient shall ensure adequate and appropriate staffing are allocated to NSP activity. The Subrecipient shall identify a lead contact person /project manager. 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. Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life Page 3 of 35 Packet Page -1054- 7/24/2012 Item 11.H. Agreement #NSP -001 and /or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. Should the Subrecipient enter into a property management agreement with a property management company the Subrecipient shall provide a copy of the property management agreement to the grant coordinator for review 30 calendar days prior to execution. All conditions set forth in this agreement shall be included in any sub contract for property management services. The Subrecipient shall notify the County grant coordinator thirty (30) days prior to any changes in the key personnel such as the CEO or CFO. D. Performance Monitoring County will monitor the performance of Subrecipient against goals and performance standards as stated above. Subrecipient shall provide County all necessary reporting information as required by County in the administration and review of the project(s). Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time as determined by the County, after being notified by County, contract suspension or termination procedures will be initiated. IV. TIME AND PERFORMANCE Activities of the Subrecipient shall start on the day of , 2012 and end Aam on the day of of 2027 ( "Project Period "). [County may add specific timeframes by which Subrecipient must have certain levels of the NSP Funds committed and /or expended.] Given the immediate response nature of the NSP, all projects are expected to be completed within the project period. Any projects not completed as described may be subject to immediate recapture. V. BUDGET No grant or other funds are to be provided to the Subrecipient from Collier County under this agreement. The Subrecipient shall collect gross rents subtract net operating expense and capital reserve allocation and if any funds remain all NSP Program Income shall be returned on a quarterly basis. Subrecipient shall receive prior written approval from County through the submission of the annual Capital Needs Assessment, Capital Replacement Schedule and an Operating Expenditure Plan prior to expending any NSP rental funds received through this project. The subrecipient shall submit a draft plan for Operating and Capital within 30 days of execution of this agreement. If the NSP Funds are not expended in accordance with the terms, conditions and time period set forth in this agreement or the approved Operating and /or Capital Plan, the total amount of the NSP Funds that exceed the eligible costs of the project(s), the amounts improperly expended shall be repaid and any funds not expended shall be returned to County within thirty (30) days after the expiration or termination of this agreement. Page 4 of 35 Packet Page -1055- VII 7/24/2012 Item 11.H. Agreement #NSP -00: Project costs shall be paid in accordance with NSP regulations and this agreement. All costs incurred must be fully documented. Subrecipient shall provide any supplementary expenditure information, as requested, within 5 days of request in the form and content prescribed by County. PAYMENT AND PROJECT ACCOUNT(S) Payments may be contingent upon certification of Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21 or 85.21. County reserves the right to suspend NSP Program expenditures should the Subrecipient fail to provide required reports in a timely and adequate fashion or if Subrecipient fails to meet other terms and conditions of this agreement. NSP Funds shall be deposited and maintained in two separate fund accounts (Operating and Capital). Subrecipient shall keep all records of the accounts in a manner that is consistent with generally accepted accounting principles. All disbursements from the accounts shall be for obligations incurred in the performance of this Agreement and shall be supported by contracts, invoices, vouchers, receipts and other data, as appropriate, evidencing the necessity of such expenditure. NOTICES Notices required by this Agreement shall be made in writing and delivered via mail (postage prepaid), commercial courier, personal delivery or sent by facsimile or other electronic means (provided that receipt is confirmed). 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. Communication and details concerning this contract shall be directed to the following contract representatives: County Geoffrey Magon, Grant Coordinator Collier County Government 3339 East Tamiami Trail Suite 211 Naples, Fl 34112 239 - 252 -2336 Fax 239 - 252 -2638 GeoffreyMagon @colliergov.net Page 5 of 35 Packet Page -1056- Subrecipient David Glenn, Executive Director 528324 th Avenue SW, LLC 5621 Strand Boulevard Suite #206 Naples, Florida 34110 239 - 594 -9007 Fax 239 - 594 -9004 david.glenn @fddswfl.org 7/24/2012 Item 11.H. Agreement #NSP -001 VIII. REPORTING AND COMPLIANCE A. Reporting Requirements Subrecipient shall submit to County the reports as required by the NSP and HUD, including but not limited to those referenced in Section III. A. 1-iii of this agreement. All records of pertinent to the activities undertaken as part of this agreeme:-it shall be maintained in accordance with 24 CFR 570.490 or 570.506. °. Records, Access, and Maintenance Subrecipient shall establish and maintain for at least six (6) years from the final close out of this Agreement such records as are required by County, including but not limited to, financial reports, intake and participant information, program and audit reports. The parties further agree that records required by County with respect to any questioned costs, audit finding, litigation or dispute between HUD and County shall be maintained for the time needed for the resolution of any such issue and that in the event of early termination of this Agreement, or if for any other reason County shall require a review of the records related to the project(s), Subrecipient shall, at its own cost and expense, segregate all such records related to the project(s) from its other records of operation. C. Inspections At any time during normal business hours upon three (3) days prior written notice and as often as County may deem necessary and in such a manner as not to interfere unreasonably with the normal business operations, Subrecipients shall make available to County, for examination, and to HUD, and appropriate federal and state agencies or officials, all of its records with respect to matters covered by this agreement including, but not limited to, records of personnel and conditions of employment and shall permit County to audit, examine and make excerpts or transcripts from such records. The Subrecipient shall provide within 180 days after the end of their fiscal year a certified A -133 audit of the Subrecipients records. D. Use of Federal Grant Funds Subrecipient acknowledges that this agreement involves the use of federal funds and as such, is subject to audit by the agency of the United States Government granting the funds to HUD and County for the purposes of performing the work and activities as listed in Exhibit "A ". Subrecipient shall fully reimburse County for any cost of the Subrecipient which is disallowed by any federal agency and which must be refunded thereto by County. IX. SPECIAL CONDITIONS A. Allowed Amounts of Rents for NSP Rental Units All NSP Properties must be rented to Eligib'e Persons with incomes 50% to 120% of the Area Median Income. The Subrecipient shall make every effort to rent at least 25% of the property to person below 50% of the Area Median Page 6 of 35 Packet Page -1057- 7/24/2012 Item 11.H. Agreement #NSP -001 Income. However in the event the Subrecipient is unable to find a renter with an income that is less than 50% of the median income; the HHVS Director or designee may approve leasing the NSP Properties to a person with an income up to 120% of the Area Median Income. The Subrecipient will select the Eligible Person that will lease the NSP Units using its written criteria provided it is consistent with the NSP regulations. - The goal for all NSP rental properties will be as follows: 1. Up to 25% of all NSP Units leased to persons Area Median Income. 2. Up to 50% of all NSP Units leased to persons 80% of the Area Median Income. 3. Up to 25% of the NSP Units may be leased to 80% and 120% of the Area Median Income. with incomes below 50% of the with incomes between 50% and persons with incomes between i. The maximum monthly rent for units leased to persons with incomes below 50% of the Area Median Income will be the higher of: (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 Subrecipient; 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. ii. The maximum monthly rent for units leased to persons with incomes between 50% and 80% of the Area Median Income will be the higher of: (a) The high 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 Subrecipient; or (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. iii. The maximum monthly rent for units leased to persons with incomes between 80% and 120% of the Area Median Income will be the higher of: (a) The Fair Market Rent as published by the United States Department of Housing and Urban Development less the cost of any tenant paid utilities as published by the Housing Program ;or (b) 30% of the persons income as determined by the Subrecipient; or (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. Page 7 of 35 Packet Page -1058- 7/24/2012 Item 11.H. Agreement #NSP -001 X. GENERAL CONDITIONS A. General Compliance Subrecipient agrees to comply with the requirements of Housing and Economic recovery Act of 2008, as amended, and Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and 'urban Development regulations concerning CDBG including subpart K of these regulations, except that Subrecipient does not assume the County's environmental responsibilities described in 24 CFR 570.604). Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the activities provided under this agreement. B. Adherence to State and Federal Laws Reaulations General Subrecipient accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings and any and all other taxes or payroll withholdings required for all employees engaged by the Subrecipient in the performance of the work and activities authorized by this Agreement. Subrecipient accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. ii. 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, 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. iii. Immigration Law Compliance By executing and entering into this agreement, the Subrecipient is formally acknowledging without exception or stipulation that it is 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. Failure by the 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. iv. No Improper Use The Subrecipient will not use, nor suffer or permit any person to use in any manner whatsoever, any County facilities for Page 8 of 35 Packet Page -1059- 7/24/2012 Item 11.H. Agreement #NSP -00 , any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Subrecipient or if the County or its authorized representative shall deem any conduct on the part of the Subrecipient to be objectionable or improper, the County shall have the right to suspend the contract of the buorecipient. SnOulo we Subrecipient fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Subrecipient further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. The Subrecipient shall remain in compliance with all zoning and applicable regulations pursuant to the Collier County Land Development Code. v. Federal Laws The Subrecipient agrees to comply with applicable state and local civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended (the HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its contractors and subcontractors. vi. INDEMNIFICATION To the maximum extent permitted by Florida law, the Subrecipient shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Subrecipient or anyone employed or utilized by the Subrecipient in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. C. Outstanding Liabilities Subrecipient represents and warrants that it does not owe: (1) any delinquent taxes to the County, the State of Florida (the "State ") or a political subdivision of the State; Page 9 of 35 Packet Page -1060- 7/24/2012 Item 11.H. Agreement #NSP -001 (2) any moneys to the State or a state agency for the administration or enforcement of any environmental laws of the State; and (3) any other moneys to the State, a state agency or a political subdivision of the State that are past due, whether the amounts owed are being contested in a court of law or not. D. Falsification of Information Subrecipient represents and warrants that it has made no false statements to the County in the process of obtaining this award for participation in the NSP. E. Procurement Compliance Subrecipient shall comply with current HUD policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. A complete inventory shall be provided to the County's grant coordinator on July 1 of each year. All program assets (unexpended program income, property, equipment, etc.) shall revert to the County upon termination of this Agreement. All program assets (unexpended program income, property, equipment, multi family property etc.) shall be retained and remain with the Subrecipient after the completion of the fifteen year affordability period. ii. OMB Standards Unless specified otherwise within this Agreement, the ,, Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48 or 24 CFR 85.36. iii. Travel Subrecipient shall obtain written approval from County for any travel outside the metropolitan area for which NSP Funds are used under this Agreement. All travel costs reimbursed with NSP Funds shall be at the rates allowed under Subrecipient's HUD - approved travel rules. iv. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 or 85 and 24 CFR 570.502, 570.503, and 570.504, as applicable. v. Subcontracts Subrecipient will include all relevant provisions of this Agreement in all subcontracts entered into as part of the activities undertaken in furtherance of this Agreement and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor or contractor is in violation of regulations issued by any federal agency. Subrecipient will not subcontract with any entity 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. Subrecipient shall notify the grant coordinator of their intent to subcontract any services under this agreement. Copies of all executed subcontracts shall be provided to the grant coordinator within thirty (30) days prior to execution. Page 10 of 35 Packet Page -1061- 7/24/2012 Item 11.H. Agreement #NSP -001 vi. Conflict of Interest No personnel of Subrecipient, any contractor or subcontractor of Subrecipient, public official, employee or member of the governing body of the particular locality where this Agreement shall be completed, who exercises any functions or responsibilities in connection with the review or approval of the work completed under this Agreement, shall prior to the completion of such work, voluntarily or involuntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge or fulfillment of his functions or responsibilities with respect to the completion of the work contemplated under this Agreement. Any person who, prior to or after the execution of this Agreement, acquires any personal interest, involuntarily or voluntarily, shall immediately disclose his interest to County in writing. Thereafter, he shall not participate in any action affecting the work under this Agreement unless the County determines that, in light of the personal interest disclosed, his participation in any such action would not be contrary to the public interest. Subrecipient shall adhere to the County's Article X. vii. Environmental Requirements Subrecipient agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this Agreement, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. Subrecipient also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966 and HUD Lead -Based Paint Regulation at CFR 570.608 and 24 CFR Part 35, Subpart B. viii. Liability Subrecipient shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of County) caused by the negligent acts or omissions, or negligent conduct of Subrecipient, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities of this Agreement. Furthermore, the subrecipient agrees to be liable for the negligent acts or negligent omissions by or through itself, its employees, agents and subcontractors. The subrecipient further agrees to defend itself and themselves and pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this Agreement shall impute or transfer any such liability. ix. Insurance and Bondinq Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to property value. Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31, 84.48, and 85.36, as applicable, Bonding and Insurance. Page 11 of 35 Packet Page -1062- 7/24/2012 Item 11.H. Agreement #NSP -001 x. County Recognition Subrecipient shall insure recognition of the role of County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. The Subrecipient shalt use the Collier County Logo and Seal Identity Standards and Guidelines when referring to the County. A. Termination Procedure 1. Termination County may immediately terminate this Agreement by giving reasonable written notice of termination to the Subrecipient for any of the following occurrences: a. Failure of Subrecipient to fulfill in a timely and proper manner any of its obligations under this Agreement. b. Failure of Subrecipient to submit timely reports that are complete and accurate. c. Failure of Subrecipient to use the NSP- assisted properties for the stated purposes in this Agreement. d. Termination of the NSP by HUD. 2. Effects of Termination Within sixty (60) days after termination of this Agreement, Subrecipient shall surrender all reports, documents, and other materials assembled and prepared pursuant to this Agreement, which shall become the property of County, unless otherwise directed by County. After receiving written notice of termination, Subrecipient shall incur no new obligations and shall cancel as many outstanding obligations as possible. 3. Forbearance Not a Waiver No act of forbearance or failure to insist on the prompt performance by Subrecipient of its obligations under this Agreement, either express or implied, shall be construed as a waiver by County of any of its rights hereunder. F. Relocation The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; 24 CFR Part 42 — Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606 — Displacement, relocation acquisition, and replacement of housing, as may be amended by HUD. The Subrecipient also agrees to comply with applicable County or local ordinances, resolutions and Page 12 of 35 Packet Page -1063- 7/24/2012 Item 11.H. Agreement #NSP -001 policies concerning the displacement of persons. XI. MISCELLANEOUS A. Governing Law This Agreement shall be governed by the laws of the Federal Government, State of Florida, or Collier County as to all matters, including but not limited to matters of validity, construction, effect and performance. B. Form and Venue All actions regarding this Agreement shall be brought exclusively in a court of competent subject matter jurisdiction in Collier County, Florida, and the parties agree that venue in such courts is appropriate. C. Entire Agreement This Agreement and its exhibits and any documents referred to herein constitute the complete understanding of the parties and merge and supersede any and all other discussions, agreements and understandings, either oral or written, between the parties with respect to the subject matter hereof. D. Severability Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this Agreement. E. Amendments and Modifications Either party may at any time during the term of this Agreement request amendments or modifications. Requests for amendment or modification of this Agreement shall be in writing and shall specify the requested changes and the justification of such changes. The parties shall review the request for modification in terms of the regulations and goals relating to the Project(s). Amendments or modifications to grant agreements (Collier County CMA 5330), such as time extensions, movement of grant funds from line item to line item within the approved grant agreement budget, and other changes that do not increase the County's obligations, require additional staffing, resources or negatively impact another planned or programmed project may be signed by the respective Public Services Division Administrator unless prohibited by the grantor agency, grant agreement or any applicable federal, state, or local laws, rule or regulation. All such amendments must be duly signed by both parties and verbal agreements do not constitute an amendment or modification. Page 13 of 35 Packet Page -1064- 7/24/2012 Item 11.H. Agreement #NSP -001 F. Pronouns The use of any gender pronoun shall be deemed to include all the other genders, and the use of any singular noun or verb shall be deemed to include the plural, and vice versa, whenever the context so requires. G. Headings Section headings contained in this Agreement are inserted for convenience only and shall not be deemed to be a part of this Agreement. H. Assignments Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned, subcontracted or sub granted by the Subrecipient without the prior express written consent of the County. I. Costs Associated with the Conveyance of the Property Each party shall be responsible for payment of its own attorney's fees. The Subrecipient shall be responsible for payment of the cost of recording the Statutory Deed(s) and the pro -rata share of the water, sewer, and garbage charges. The Subrecipient shall be responsible to transfer associated utility accounts within 48 hours after the day of closing. XII. List of Exhibits A. Exhibit A : Project Description B. Exhibit A -1: Affordability Requirements C. Exhibit A -2: Grant Agency Requirements D. Exhibit A -3: Reporting E. Exhibit A-4: Monitoring F. Exhibit A -5: Income Certification G. Exhibit A -6: Quarterly Performance Report H. Exhibit A -7: Operating and Capital Expense /Program Income /Expenditures Page 14 of 35 Packet Page -1065- 7/24/2012 Item 11.1-1. Agreement #NSP -001 IN WITNESS WHEREOF, the County and Subrecipient, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney First Witness lype /print witness name Second Witness Type /print witness name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman SUBRECIPIENT: 5283 24th Avenue SW, LLC C. Richard Mancini Board President Page 15 of 35 Packet Page -1066- EXHIBIT A. Project Description A. GENERAL 7/24/2012 Item 11.1-1. Agreement #NSP -001 Subrecipient will be provided ownership in certain real property acquired by the County for the purpose of rental to NSP - eligible persons or families. The property associated with this agreement consists of a multi - family residential dwelling units. The property associated with"-' - -reement is m ^ — 'early described in Section D of this exhibit. All costs associated with the transfer for the aforementioned property from County to Subrecipient shall be ,. ,,-ne by Subrecipient. B. ELIGIBLE ACTIVITIES The following activities are eligible under this Agreement and are more thoroughly described in the NSP Notice. 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. 24 CFR 570.201(a) Acquisition, (b) Disposition, homeownership assistance (as modified below): o 24 CFR 570.202 eligible rehabilitation homes and residential properties. C. ELIGIBLE INCOME LEVELS OF RENTERS (i) Relocation, and (n) Direct and preservation activities for NSP- assisted property subject to the agreement shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income. However, not less than twenty -five (25) percent of the tenants/ individuals or families may not have an income that exceeds 50 percent the area median income ( "LH25 Requirement "). D. SCOPE OF SERVICE: (a)The major goal of the game, : is to provide affords ble rental housing through the operation of a ml'� amily - operty located at the Following addresses in Naples, Florida: 1924 46' --e, S.W.; Naples, Florida 34116; !_.:)t 25, Block 23, Golden Gate Unit 2, accords y ,i;e Plat thereof as recorded in P1-. Book 5, Pages 65 to 77, inclusive, of the '- ublic Records of Collier County, Florida (b) The Subrecipie7.' will operate all tasks in r .:section with this rental housing program in compliance wit` all applicable federal, stat and local rules and regulations governing these funds, and in a manner satisfactory to ,e County. Toward the goal of renting out the available units to eligible applicants, the major tasks that the Subrecipient intends to perform include, but are not necessarily iimited to, the following : Page 16 of 35 Packet Page -1067- 7/24/2012 Item 11.H. Agreement #NSP -001 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. I Intake /assessme.it of eligibility: a written that establ!�-- .as eligibility requirements, applications and selecting from the waiting HUD and HIPPA regulations. Tenant Selection Plan will be put in place income limits, procedures for accepting list, and preferences, in accordance with all 4. Maintenance of case files and other 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. Page 17 of 35 Packet Page -1068- EXHIBIT A -1. Affordability Requirements GENERAL 7/24/2012 Item 11.H. Agreement #NSP -001 Subrecipient 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. The Subrecipient, 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. After the 15 year affordability period has been satisfied the requirements attached to the property are no longer applicable. RENTAL: LONG TERM AFFORDABILITY The NSP- assisted housing must meet the affordability requirements for not less than the applicable period of 15 years, specified pursuant to 24 CFR 92.252(a), (c), (e), and (f), and 92.254. The affordability requirements for NSP - assisted rental units apply without regard to transfer of ownership, except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. Collier County will enforce long -term affordability through the use of a recorded lien, covenant, or deed restriction against the assisted property. Subsequent rents during the affordability period will be calculated and applied in conformance with 24 CFR 92.252 (a), (c), (e), (f). RECAPTURE PROVISIONS: The recapture provisions will ensure that the County recoups all of the NSP assistance, if the housing does not continue to be used as a multi- family rental property and the Subrecipient does not continue to own the residence for the duration of the period of affordability. The period of affordability is 15 years based upon the total amount of NSP funds subject to recapture described above. The County may permit the Subrecipient to recover the Subrecipient's investment ( capital improvements made by the owner since the conveyance at the owner's expense minus NSP funds) before recapturing the NSP investment. Any NSP investment recaptured by the County shall remain with the County for future use toward other NSP - eligible activities. Page 18 of 35 Packet Page -1069- 7/24/2012 Item 11.H. Agreement #NSP -001 EXHIBIT A -2. Grant Agency Requirements APPLICABLE LAWS AND REGULATIONS Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally by compliance area, include but may not be limited to the following. GENERAL REQUIREMENTS 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 Sub - recipients on Administrative Systems. 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 by Executive 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 AND 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). 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). Page 19 of 35 Packet Page -1070- 7/24/2012 Item 11.H. Agreement #NSP -001 • 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 570.2000)). 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: • If the Subrecipient contracts directly for rehabilitation services or acts as an agent for the homeowner, i.e., signs the rehabilitation contract. • If the Subrecipient 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. • If the individual homeowner contracts directly for rehabilitation services and the Subrecipient is not a party to the contract, the Section 3 requirements do not have to be followed. Page 20 of 35 Packet Page -1071- 7/24/2012 Item 11.H. Agreement #NSP -001 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. 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 Page 21 of 35 Packet Page -1072- 7/24/2012 Item 11.H. Agreement #NSP -001 • 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 subcontractors. Part III - 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 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 Subrecipients 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 Subrecipient 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 Page 22 of 35 Packet Page -1073- 7/24/2012 Item 11.H. A- reement #NSP -001 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 suoject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted proiects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low - ;,-come 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 training positions, the qualifications for each; and the name and loca�.on of the person(s) taking applications for each of the positions; and the anticipated date the �Vork shall begin. D. The contractor agrees to include this section 3 clause i- every subcontract subject to compliance with regulations in 24 CFR part 135, and agree- to take appropriate action, as provided in an applicable provision of the subcontract or in th section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 FR part 135. The contractor will not subcontract with any subcontractor wl- ire the contractc ;gas notice or knowledge that the subcontractor has been found in violation r..f the regulations i . 24 CFR part 135. E. The contractor will certify that any yr giant employment positions, including training positions, that are filled (1) after the contractor is selected but befor, :he contract is executed, and (2) with persons other than those to whom the regulatior,o of CFR part 135 require employment opportunities to be directed, were not filled to circur r It the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD "s reaulf�'? -_ns in 2' -r---R , ; ^1; may result in sanctions, termination of this contract for default, and dF arment or suspe, ..,ion 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- Determinatizn 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 Page 23 of 35 Packet Page -1074- 7/24/2012 Item 11.H. Agreement #NSP -001 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 Countys are required to verify that any /all persons, contractors, consultants, businesses, sub - recipients, etc. that are conducting business with the County, including any city /county or the County 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.aov). Page 24 of 35 Packet Page -1075- EXHIBIT A -3. Reporting REPORTING SCHEDULE 7/24/2012 Item 11.K. Agreement #NSP -001 Report Due Date Frequency # of Copies Remittance Addresses Operating Expense 10 days after the Quarterly 1 Grant Coordinator Actual Expenditure end of the quarter HHVS Reconciliation Activity Report 10 days after the Quarterly 1 Grant Coordinator end of the quarter HHVS Rental Operation 90 days after One time and 1 Grant Coordinator Manual agreement when updated HHVS execution Annual Audit 180 days after Annually 2 Grant Coordinator end of fiscal year HHVS and Grant Compliance Office Capital Needs 30 days after Annually 2 Grant Assessment execution and 9/1 Coordinator, of each year HHVS thereafter Operating Expense 30 days after Annually 2 Grant Budget execution and 9/1 Coordinator, of each year HHVS thereafter Capital 30 days after Annually 2 Grant Expenditure execution and 9/1 Coordinator, Schedule of each year HHVS thereafter Performance Data 10 days after the Quarterly 1 Grant end of the quarter Coordinator, HHVS Income 15 days prior to Per Occurrence 1 Grant Certification tenant move in Coordinator, date HHVS Property Insurance 30 days of Annually 1 Grant Certification issuance Coordinator, HHVS REPORTS (a) Rental Operation Manual to include but not limited to: 1. Plan to maintain the property in a safe and sanitary condition; 2. Plan to contract with qualified independent Subrecipients or contractors for maintenance and repair and for the performance of extraordinary repairs beyond the capability of regular maintenance personnel; Page 25 of 35 Packet Page -1076- 7/24/2012 Item 11.H. Agreement #NSP -001 3. Plan to investigate all service requests from tenants and steps that will be taken to ensure prompt action; 4. Plan to ensure water, electric, gas, fuel, oil, sewage, trash disposal, vermin extermination, decoration of common areas, laundry facilities, telephone services, and other necessary service in connection with the property; 5. Acquire and keep in force at the Subrecipients expense all permits that may be required for the operation of the property as rental housing; 6. Plan to maintain tenant files containing copies of leases, certification forms, notices and other documentation required by the County to conform to the NSP regulations; 7. Plan for marketing the property in accordance with Fair Housing and Equal Opportunity Requirements. (b) The Subrecipient shall submit the NSP Subrecipient activity report and shall include the following: NSP -1 RENTAL SUBRECIPIENT ACTIVITY REPORT 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? 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. RENTAL INFORMATION Complete these tables for those properties rented during 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 Page 26 of 35 Packet Page -1077- 7/24/2012 Item 11.H. Agreement #NSP -001 RACE AND ETHNICITY BENEFICIARIES Race ` Total No. His anic 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 Page 27 of 35 Packet Page -1078- EXHIBIT A-4. Monitoring DATE: TENANT (S) NAME: _ PROPERTY ADDRESS: 7/24/2012 Item 11.H. Agreement #NSP -001 SUBRECIPIENT shall submit the following completed form upon rental of each property/room associated with this agreement. SECTION A: PARTICIPANT ELIGIBILITY 1. 2. 3. Were income inclusions and exclusions applied ocrrectly for the chosen ❑ ❑ ❑ income definition and was the calculation performed correctly? Yes No N/A Describe Basis for Conclusion: as household income supported with source documentation? ❑ ❑ ❑ Yes No N/A be Basis for Conclusion: Was the person's annual income less than or equal to 120% of the area ❑ ❑ median income (or less than or equal to 50% if the unit was designated for he Low Income set - aside)? Yes No N/A Describe Basis for Conclusion: Prepared By: Telephone: Email: Page 28 of 35 Packet Page -1079- EXHIBIT A -5. Income Certification Neighborhood Stabilization Program 1 INSTRUCTIONS 7/24/2012 Item 11.1-1 Agreement #NSP -001 Submit completed form, including appropriate supporting documentation, to County to obtain approval prior to the rental 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 1 2 3 4 5 6 7 8 Total Cash Value of Assets Ba Total Income from Assets Bb 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. Bc Page 29 of 35 Packet Page -1080- 7/24/2012 Item 11.H. Agreement #NSP -001 E. 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 1 (Enter the greater of 2 box B(b) 3 or box 6(c), above, in box C(e) 4 5 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. F. 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. G. Required Supporting Documentation (1) Full 3d Party verification (2) Income determination as evidenced by: Section 8 Annual Income, Census Long Form, IRS 1040 (3) Income for all household members for the upcoming 12 month period 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 Page 30 of 35 Packet Page -1081- 7/24/2012 Item 11.H. Agreement #NSP -001 Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date H. NSP County 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 1. Household Data Page 31 of 35 Packet Page -1082- 7/24/2012 Item 11.H. Agreement #NSP -001 Number of Persons By Race / Ethnici B q e White Black Hispanic Asian American Indian Other 0-25 26 — 40 41— 61 62+ Special Target / Special Needs Check all that appi Farm Worker Developmentally Disabled Homeless Elderly Other NOTE: Information 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. Page 32 of 35 Packet Page -1083- EXHIBIT A -6. Performance Report Data GENERAL 7/24/2012 Item 11.1-1. Agreement #NSP -001 The County 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, Subrecipient 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) operating funds expended, and (b) capital funds expended. 3. ACTIVITY PROGRESS NARRATIVE Described progress made with rental activities 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. Page 33 of 35 Packet Page -1084- 7/24/2012 Item 11.H. Agreement #NSP -001 Exhibit A -7 Operating and Capital Expense /Program Income /Expenditures All use of gross rental income shall conform to the approved annual operating expense Plan, capital needs plan /schedule and shall be for eligible costs that must be supported by source documents that describe the basis of the costs incurred, identify the date of expenditure, provide a copy of cancelled check, invoice, payroll ledger /records and any procurement documents, cost price anlaysis. NSP Eligible Costs (a) Soft costs (b) Hard Costs (c) Delivery Costs All services and expenditures shall be supported and documented by three quotes in writing and conform to this agreement. The Subrecipient shall annually prepare an operating expense plan to include but not limited to: ❑ Utilities ❑ Pest Control 01-awn Maintenance ❑Property management services The Subrecipient shall establish a set -aside from any "effective gross income" (any rental monies collected above monthly operating expenses) that may be used for capital improvements in accordance with annually approved capital needs assessment and replacement schedule. It is anticipated that capital expenditures may be necessary over the course of this project and shall be addressed in the annual capital needs assessment and capital replacement reserve. Capital expenditures may include but are not limited to: ❑ Landscaping: tree removal, planting of trees and /or bushes, etc. ❑ Painting: interior and exterior ❑ Pressure washing ❑ Fencing installation and replacement ❑ Flooring ❑ Roofing ❑ Paving driveways and sidewalks ❑ Patio repair and upgrades ❑ Security systems — installation and upgrades ❑ Appliances: replacement schedule determined by HUD ❑ Accessibility: incorporation of universal design elements (wider doors, grab bars, walk - in showers, etc.) Page 34 of 35 Packet Page -1085- 7/24/2012 Item 11.H. Agreement #NSP -001 Monthly the Subrecipient shall deduct all approved operating expenses from the gross rents and deduct for the capital reserve account. Any funds, if remaining. shall be returned to the County on quarterly basis. All expenditures and deductions shall be in accordance with the annual approved operating and capital plans submitted and approved by the County. All expenditures are subject to monitoring and onsite review by the County. Page 35 of 35 Packet Page -1086- 7/24/2012 Item 11.H. Agreement #NSP -004 NEIGHBORHOOD STABILIZATION PROGRAM CFDA No. 14.218 SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND Community Assisted Supportive Living, Inc. d /b /a Renaissance Manor THIS AGREEMENT, made and entered into on this day of , 2012, by and between Collier County, a political subdivision of the State of Florida (hereinafter called the "County "), and Community Assisted Supportive Living, Inc. d /b /a Renaissance Manor (agreement # NSP - 004), a private not - for - profit corporation, existing under the laws of the State of Florida, having its principal office at 1401 16TH Street Sarasota, Florida (hereinafter called the "Subrecipient ") to undertake the Neighborhood Stabilization Program ( "NSP ") as approved by the Collier County Board of County Commissioners. 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 NSP funds to acquire and rehabilitate certain real property located in Collier County for the purpose of providing affordable rental housing opportunities to benefit low- and moderate - income persons and families; and WHEREAS, the Subrecipient has submitted a Proposal for participation in the Collier County NSP; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the NSP and in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto, that: DEFINITIONS A. "CDBG" means the Community Development Block Grant program. B. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L. No. 93 -383, as amended. Unless otherwise noted in HERA, as amended, and the alternatives in the NSP Notices, NSP is governed by the CDBG regulations. C. "CDBG Funds" means the definition at 24 CFR 570.3. D. "Eligible Costs" means costs of activities that are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and conform to all NSP requirements. E. "Environmental Requirements" means the requirements described in 24 CFR Part 58. F. Community Assisted Supportive Living, Inc. d /b /a Renaissance Manor hereinafter referred to as the Subrecipient. G. Grant Coordinator: Designated HHVS representative who is responsible for the enforcement of the terms and conditions of the agreement. Page 1 of 35 Packet Page -1087- 7/24/2012 Item 11.H. Agreement #NSP -004 H. "HERA" means the NSP found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. I. Housing Human and Veteran Services (HHVS): A department within the Public Services division within Collier County Government. J. "HUD" means the U.S. Department of Housing and Urban Development. K. "LMMI" is the HUD - defined term incorporating households with eligible incomes (at or below 120 percent of the area median income, based on household size and metropolitan statistical area), including low -, moderate -, and middle- income, in referring to the national objective of the CDBG program. L. "NSP Notice" refers to the alternative requirements for the NSP issued by HUD in the Federal Register on October 19, 2010, Docket No. FR- 5447 -N -01. M. "NSP Funds" means those funds provide to, or generated by, the activities contemplated in this Agreement. N. "Program Income" means the NSP portion of any gross income received by the Subrecipient directly generated from the use of NSP funds, as described in 24 CFR 570.500(a). O. "Subrecipient" means a public or private nonprofit agency, authority, or organization, or for - profit entity authorized under 24 CFR 570.201(0), receiving CDBG funds from the recipient or another Subrecipient to undertake activities eligible for such assistance under 24 CFR Part 570 Subpart C. SCOPE OF PROJECT A. Activities Subrecipient shall undertake and complete the activities as set forth in Exhibit A to this Agreement, which provides a description of the activity including the products to be provided and or services to be performed, and identifies the person or entity providing the services, the location of the activities, the recipients of the service, and the manner and means of the services. B. NationalObiectives All activities funded with NSP funds must meet the NSP's income eligibility requirement of benefit to low -, moderate- and middle- income persons. Subrecipient certifies that the activity or activities carried out under this Agreement will meet the NSP income eligibility requirements as follows: 100 percent of persons benefiting from the activity or activities performed under this Agreement shall meet the HUD definition of low -, moderate -, or middle income. III. SCOPE OF SERVICES A. General Administration Subrecipient will be responsible for the general administration of the NSP for activities set forth herein and those stated in RFP 12 -5836 (herein incorporated by reference) in a manner satisfactory to County and consistent with the standards set forth in the Grant Agreement between County and HUD. Subrecipient shall develop a rental operations manual and a management plan and both shall be submitted to the County's grant coordinator within (90) ninety days of agreement execution in Page 2 of 35 Packet Page -1088- 7/24/2012 Item 11.H. Agreement #NSP -004 accordance with Exhibit A -3. Such program will include the following activities eligible under the NSP: Proiect Monitorin Subrecipient shall submit quarterly reports to County within ten days of prior month end. Such reports may include, but not necessarily be limited to, project progress, beneficiaries, obstacles, achievements, anticipated actions, and services offered. Project Fiscal Management Subrecipient shall submit quarterly financial records and a quarterly program income report within ten days after the end of each quarter to the HHVS grant coordinator describing, but not limited to, project expenditures, reconciliation of expenditures to projected expenditures, a summary of gross rents received, and current project account balance (if any). Subrecipient shall ensure that the account structure clearly identifies those expenditures paid by the grant and those expenditures paid by other sources. All expenditures must conform to the allowable cost principles for State & Local Governments 24 CFR 85.22, Non Profits 24 CFR 85.27 and 48 CFR Part 31e for private contractors. Any program income remaining shall be returned to the County quarterly. The Subrecipient shall prepare and submit an Annual Capital Needs Assessment and a Capital Replacement Reserve Schedule, these plans shall be approved by the County prior to any expenditures. The plans shall conform to the required compliance elements set forth by state and federal regulations. iii. Project Reporting Subrecipient shall submit annual reports as required by County including, but not necessarily limited to, Section 3, Fair Housing, milestones, accomplishments, and client demographic data. B. Levels of Accomplishment — Goals and Performance Measures Subrecipient shall be respons `Ae to accomplish the levels of performance as set forth in Exhibit "A" and reR�rt suc": measures as persons or households assisted. Subrecipient sh l aisu inclu, time frames for performance to the County as requested. C. Staffing Subrecipient shall ensure adequate and appropriate staffing are allocated to NSP activity. The Subrecipient shall identify a lead contact person /project manager. 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. Subrecipient shall at all times remain an "independent contractor" with Page 3 of 35 Packet Page -1089- 7/24/2012 Item 11.H. Agreement #NSP -004 respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. Should the Subrecipient enter into a property management agreement with a property !���vh - -A �ry -����, Ono O• -! �- ci.,ient shall provide a copy of the property management agreement to the grant coordinator for review 30 calendar days prior to execution. All conditions set forth in this agreement shall be included in any su" nontract for property management services. The Subrecipient shaii notify the County grant coordinator thirty (30) days prior to any changes in the key personnel such as the CEO or CFO. D. Performance Monitoring County will monitor the performance of Subrecipient against goals and performance standards as stated above. Subrecipient shall provide County all necessary reporting information as required by County in the administration and review of the project(s). Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time as determined by the County, after being notified by County, contract suspension or termination procedures will be initiated. IV. TIME AND PERFORMANCE Activities of the Subrecipient shall start on the day of , 2012 and end on the day of of 2027 ( "Project Period "). [County may add specific timeframes by which Subrecipient must have certain levels of the NSP Funds committed and /or expended.] Given the immediate response nature of the NSP, all projects are expected to be completed within the project period. Any projects not completed as described may be subject to immediate recapture. V. BUDGET No grant or other funds are to be provided to the Subrecipient from Collier County under this agreement. The Subrecipient shall collect gross rents subtract net operating expense and capital reserve allocation and if any funds remain all NSP Program Income shall be returned on a quarterly basis. Subrecipient shall receive prior written approval from County through the submission of the annual Capital Needs Assessment, Capital Replacement Schedule and an Operating Expenditure Plan prior to expending any NSP rental funds received through this project. The subrecipient shall submit a draft plan for Operating and Capital within 30 days of execution of this agreement. If the NSP Funds are not expended in accordance with the terms, conditions and time period set forth in this agreement or the approved Operating and /or Capital Plan, the total amount of the NSP Funds that exceed the eligible costs of the project(s), the amounts improperly expended shall be repaid and any funds not Page 4 of 35 Packet Page -1090- VI VII. 7/24/2012 Item 11.H. Agreement #NSP -004 expended shall be returned to County within thirty (30) days after the expiration or termination of this agreement. Project costs shall be paid in accordance with NSP regulations and this agreement. All costs incurred must be fully documented. Subrecipient shall provide any supplementary expenditure information, as requested, within 5 days of request in the form and content prescribed by County. PAYMENT AND PROJECT ACCOUNT(S) Payments may be contingent upon certification of Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21 or 85.21. County reserves the right to suspend NSP Program expenditures should the Subrecipient fail to provide required reports in a timely and adequate fashion or if Subrecipient fails to meet other terms and conditions of this agreement. NSP Funds shall be deposited and maintained in two separate fund accounts (Operating and Capital). Subrecipient shall keep all records of the accounts in a manner that is consistent with generally accepted accounting principles. All disbursements from the accounts shall be for obligations incurred in the performance of this Agreement and shall be supported by contracts, invoices, vouchers, receipts and other data, as appropriate, evidencing the necessity of such expenditure. NOTICES Notices required by this Agreement shall be made in writing and delivered via mail (postage prepaid), commercial courier, personal delivery or sent by facsimile or other electronic means (provided that receipt is confirmed). 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. Communication and details concerning this contract shall be directed to the following contract representatives: County Geoffrey Magon, Grant Coordinator Collier County Government 3339 East Tamiami Trail Suite 211 Naples, FI 34112 239 - 252 -2336 Fax 239 - 252 -2638 Page 5 of 35 Packet Page -1091- Subrecipient Scott Eller, CEO Community Assisted Supportive Living, Inc. d /b /a Renaissance Manor 1401 16th Street Sarasota, Florida 34236 941 - 955 -0708 Fax 941 - 366 -0033 7/24/2012 Item 11.H. Agreement #NSP -004 GeoffreyMagon @colliergov.net scott .eller @renaissancemanor.org VIII. REPORTING AND COMPLIANCE A. Reporting Requirements Subrecipient shall submit to County the reports as required by the NSP and HUD, including but not limited to those referenced in Section III. A. i -iii of this agreement. All records of Subrecipient pertinent to the activities undertaken as part of this agreement shall be maintained in accordance with 24 CFR 570.490 or 570.506. B. Records. Access. and Maintenance Subrecipient shall establish and maintain for at least six (6) years from the final close out of this Agreement such records as are required by County, including but not limited to, financial reports, intake and participant information, program and audit reports. The parties further agree that records required by County with respect to any questioned costs, audit finding, litigation or dispute between HUD and County shall be maintained for the time needed for the resolution of any such issue and that in the event of early termination of this Agreement, or if for any other reason County shall require a review of the records related to the project(s), Subrecipient shall, at its own cost and expense, segregate all such records related to the project(s) from its other records of operation. C. Inspections At any time during normal business hours upon three (3) days prior written notice and as often as County may deem necessary and in such a manner as not to interfere unreasonably with the normal business operations, Subrecipients shall make available to County, for examination, and to HUD, and appropriate federal and state agencies or officials, all of its records with respect to matters covered by this agreement including, but not limited to, records of personnel and conditions of employment and shall permit County to audit, examine and make excerpts or transcripts from such records. The Subrecipient shall provide within 180 days after the end of their fiscal year a certified A -133 audit of the Subrecipients records. D. Use of Federal Grant Funds Subrecipient acknowledges that this agreement involves the use of federal funds and as such, is subject to audit by the agency of the United States Government granting the funds to HUD and County for the purposes of performing the work and activities as listed in Exhibit "A ". Subrecipient shall fully reimburse County for any cost of the Subrecipient which is disallowed by any federal agency and which must be refunded thereto by County. Page 6 of 35 Packet Page -1092- 7/24/2012 Item 11.H. Agreement #NSP -004 IX. SPECIAL CONDITIONS A. Allowed Amounts of Rents for NSP Rental Units All NSP Properties must be rented to Eligible Persons with incomes 50% to 120% of the Area Median Income. The Subrecipient shall make every effort to rent at least 25% of the propel y to person below 50% of the Area Median Income. However in the event the Subrecipient is unable to find a renter with an income that is less than 50% of the median income; the HHVS Director or designee may approve leasing the NSP Properties to a person with an income up to 120% of the Area Median Income. The Subrecipient will select the Eligible Person that will lease the NSP Units using its written criteria provided it is consistent with the NSP regulations. The goal for all NSP rental properties will be as follows: 1. Up to 25% of all NSP Units leased to persons with incomes below 50% of the Area Median Income. 2. Up to 50% of all NSP Units leased to persons with incomes between 50% and 80% of the Area Median Income. 3. Up to 25% of the NSP Units may be leased to persons with incomes between 80% and 120% of the Area Median Income. i. The maximum monthly rent for units leased to persons with incomes below 50% of the Area Median Income will be the higher of: (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 Subrecipient; 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. ii. The maximum monthly rent for units leased to persons with incomes between 50% and 80% of the Area Median Income will be the higher of: (a) The high 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 Subrecipient; or (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. iii. The maximum monthly rent for units leased to persons with incomes between 80% and 120% of the Area Median Income will be the higher of: Page 7 of 35 Packet Page -1093- 7/24/2012 Item 11.H. Agreement #NSP -004 (a) The Fair Market Rent as published by the United States Department of Housing and Urban Development less the cost of any tenant paid utilities as published by the Housing Program ;or (b) 30% of the persons income as determined by the Subrecipient; or (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. X. GENERAL CONDITIONS A. General Compliance Subrecipient agrees to comply with the requirements of Housing and Economic recovery Act of 2008, as amended, and Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning CDBG including subpart K of these regulations, except that Subrecipient does not assume the County's environmental responsibilities described in 24 CFR 570.604). Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the activities provided under this agreement. B. Adherence to State and Federal Laws Regulations General Subrecipient accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings and any and all other taxes or payroll withholdings required for all employees engaged by the Subrecipient in the performance of the work and activities authorized by this Agreement. Subrecipient accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. ii. 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, and C;,Lmty Administrative Pr - -.u,e 5311. Violation of this provision may result in one or more -' ,, ie following consequences: a. Prohibition by the individual, a,ta /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the indivi-.'u,,E - ri /or firm from doing husiness with the County for a specified period o; ,�iuciing 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. iii. Immigration Law Compliance By executing and entering into this agreement, the Subrecipient is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions Page 8 of 35 Packet Page -1094- 7/24/2012 Item 11.H. Agreement #NSP -004 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. Failure by the 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. iv. No Improper Use The Subrecipient will not use, nor suffer or permit any person to use in any manner whatsoever, any County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Subrecipient or if the County or its authorized representative shall deem any conduct on the part of the Subrecipient to be objectionable or improper, the County shall have the right to suspend the contract of the Subrecipient. Should the Subrecipient fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Subrecipient further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. The Subrecipient shall remain in compliance with all zoning and applicable regulations pursuant to the Collier County Land Development Code. v. Federal Laws The Subrecipient agrees to comply with applicable state and local civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended (the HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its contractors and subcontractors. vi. INDEMNIFICATION To the maximum extent permitted by Florida law, the Subrecipient shall indemnify and hold harmless Collier County, its officers and employees from any and all liabiliti -s, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Subrecipient or anyone employed or utilized by the Subrecipient in the -:performance of this Agreement. This indemnification obligation shall nA be construed to negate, abridge or reduce any other rights or remeies 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 Page 9 of 35 Packet Page -1095- 7/24/2012 Item 11. H Agreement #NSP -004 Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. C. Outstanding Liabilities Subrecipient represents and warrants that it does not owe: (1) any delinquent taxes to the County, the State of Florida (the "State ") or a political subdivision of the State; (2) any moneys to the State or a state agency for the administration or enforcement of any environmental laws of the State; and (3) any other moneys to the State, a state agency or a political subdivision of the State that are past due, whether the amounts owed are being contested in a court of law or not. D. Falsification of Information Subrecipient represents and warrants that it has made no false statements to the County in the process of obtaining this award for participation in the NSP. E. Procurement Compliance Subrecipient shall comply with current HUD policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. A complete inventory shall be provided to the County's grant coordinator on July 1 of each year. All program assets (unexpended program income, property, equipment, etc.) shall revert to the County upon termination of this Agreement. All program assets (unexpended program income, property, equipment, multi family property etc.) shall be retained and remain with the Subrecipient after the completion of the fifteen year affordability period. ii. OMB Standards Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48 or 24 CFR 85.36. iii. Travel Subrecipient shall obtain written approval from County for any travel outside the metropolitan area for which NSP Funds are used under this Agreement. All travel costs reimbursed with NSP Funds shall be at the rates allowed under Subrecipient's HUD - approved travel rules. iv. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 or 85 and 24 CFR 570.502, 570.503, and 570.504, as applicable. v. Subcontracts Subrecipient will include all relevant provisions of this Agreement in all subcontracts entered into as part of the activities undertaken in furtherance of this Agreement and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor Page 10 of 35 Packet Page -1096- 7/24/2012 Item 11.H. Agreement #NSP -004 or contractor is in violation of regulations issued by any federal agency. Subrecipient will not subcontract with any entity 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. Subrecipient shall notify the grant coordinator of their intent to subcontract any services under this agreement. Copies of all executed subcontracts shall be provided to the grant coordinator within thirty (30) days prior to execution. vi. Conflict of Interest No personnel of Subrecipient, any contractor or subcontractor of Subrecipient, public official, employee or member of the governing body of the particular locality where this Agreement shall be completed, who exercises any functions or responsibilities in connection with the review or approval of the work completed under this Agreement, shall prior to the completion of such work, voluntarily or involuntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge or fulfillment of his functions or responsibilities with respect to the completion of the work contemplated under this Agreement. Any person who, prior to or after the execution of this Agreement, acquires any personal interest, involuntarily or voluntarily, shall immediately disclose his interest to County in writing. Thereafter, he shall not participate in any action affecting the work under this Agreement unless the County determines that, in light of the personal interest disclosed, his participation in any such action would not be contrary to the public interest. Subrecipient shall adhere to the County's Article X. vii. Environmental Requirements Subrecipient agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this Agreement, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. Subrecipient also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966 and HUD Lead -Based Paint Regulation at CFR 570.608 and 24 CFR Part 35, Subpart B. viii. Liabilit Subrecipient shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of County) caused by the negligent acts or omissions, or negligent conduct of Subrecipient, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities of this Agreement. Furthermore, the subrecipient agrees to be liable for the negligent acts or negligent omissions by or through itself, its employees, agents and subcontractors. The subrecipient further agrees to defend itself and themselves and pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this Agreement shall impute or transfer any such liability. Page 11 of 35 Packet Page -1097- 7/24/2012 Item 11.H. Agreement #NSP -00, ix. Insurance and Bonding Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to property value. Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31, 84.48, and 85.36, as applicable, Bonding and Insurance. x. County Recognition Subrecipient shall insure recognition of the role of County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. The Subrecipient shall use the Collier County Logo and Seal Identity Standards and Guidelines when referring to the County. A. Termination Procedure F. Relocation 1. Termination County may immediately terminate this Agreement by giving reasonable written notice of termination to the Subrecipient for any of the following occurrences: a. Failure of Subrecipient to fulfill in a timely and proper manner any of its obligations under this Agreement. b. Failure of Subrecipient to submit timely reports that are complete and accurate. c. Failure of Subrecipient to use the NSP- assisted properties for the stated purposes in this Agreement. d. Termination of the NSP by HUD. 2. Effects of Termination Within sixty (60) days after termination of this Agreement, Subrecipient shall surrender all reports, documents, and other materials assembled and prepared pursuant to this Agreement, which shall become the property of County, unless otherwise directed by County. After receiving written notice of termination, Subrecipient shall incur no new obligations and shall cancel as many outstanding obligations as possible. 3. Forbearance Not a Waiver No act of forbearance or failure to insist on the prompt performance by Subrecipient of its obligations under this Agreement, either express or implied, shall be construed as a waiver by County of any of its rights hereunder. Page 12 of 35 Packet Page -1098- 7/24/2012 Item 11.H. Agreement #NSP -004 The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; 24 CFR Part 42 — Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606 — Displacement, relocation acquisition, and replacement of housing, as may be amended by HUD. The Subrecipient also agrees to comply with applicable County or local ordinances, resolutions and policies concerning the displacement of persons. XI. MISCELLANEOUS A. Governing Law This Agreement shall be governed by the laws of the Federal Government, State of Florida, or Collier County as to all matters, including but not limited to matters of validity, construction, effect and performance. B. Form and Venue All actions regarding this Agreement shall be brought exclusively in a court of competent subject matter jurisdiction in Collier County, Florida, and the parties agree that venue in such courts is appropriate. C. Entire Aareement This Agreement and its exhibits and any documents referred to herein constitute the complete understanding of the parties and merge and supersede any and all other discussions, agreements and understandings, either oral or written, between the parties with respect to the subject matter hereof. D. Severability Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this Agreement. E. Amendments and Modifications Either party may at any time during the term of this Agreement request amendments or modifications. Requests for amendment or modification of this Agreement shall be in writing and shall specify the requested changes and the justification of such changes. The parties shall review the request for modification in terms of the regulations and goals relating to the Project(s). Amendments or modifications to grant agreements (Collier County CMA 5330), such as time extensions, movement of grant funds from line item to line item within the approved grant agreement budget, and other changes that do not increase the County's obligations, require additional staffing, resources or negatively impact another planned or programmed project may be signed by the respective Public Services Division Administrator unless prohibited by the grantor Page 13 of 35 Packet Page -1099- 7/24/2012 Item 11.1-1. Agreement #NSP -004 agency, grant agreement or any applicable federal, state, or local laws, rule or regulation. All such amendments must be duly signed by both parties and verbal agreements do not constitute an amendment or modification. F. Pronouns The use of any gender pronoun shall be deemed to include all the other genders, and the use of any singular noun or verb shall be deemed to include the plural, and vice versa, whenever the context so requires. G. Headings Section headings contained in this Agreement are inserted for convenience only and shall not be deemed to be a part of this Agreement. H. Assignments Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned, subcontracted or sub granted by the Subrecipient without the prior express written consent of the County. I. Costs Associated with the Conveyance of the Property Each party shall be responsible for payment of its own attorney's fees. The Subrecipient shall be responsible for payment of the cost of recording the Statutory Deed(s) and the pro -rata share of the water, sewer, and garbage charges. The Subrecipient shall be responsible to transfer associated utility accounts within 48 hours after the day of closing. XII. List of Exhibits A. Exhibit A: Project Description B. Exhibit A -1: Affordability Requirements C. Exhibit A -2: Grant Agency Requirements D. Exhibit A -3: Reporting E. Exhibit A -4: Monitoring F. Exhibit A -5: Income Certification G. Exhibit A -6: Quarterly Performance Report H. Exhibit A -7: Operating and Capital Expense /Program Income /Expenditures IN WITNESS WHEREOF, the County and Subrecipient, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA Page 14 of 35 Packet Page -1100- By: Dated: (SEAL) Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney First Witness Type /print witness name Second Witness Type /print witness name M 7/24/2012 Item 11.H. Agreement #NSP -004 Fred W. Coyle, Chairman SUBRECIPIENT: Community Assisted Supportive Living, Inc. d /b /a Renaissance Manor 0 Scott Eller, CEO Page 15 of 35 Packet Page -1101- EXHIBIT A. Project Description A. GENERAL 7/24/2012 Item 11.H. Agreement #NSP -004 Subrecipient will be provided ownership in certain real property acquired by the County for the purpose of rental to NSP - eligible persons or families. The property associated with this agreement consists of a multi - family residential dwelling units. The property associated with this agreement is more particularly described in Section D of this exhibit. All costs associated with the transfer for the aforementioned property from County to Subrecipient shall be borne by Subrecipient. B. ELIGIBLE ACTIVITIES The following activities are eligible under this Agreement and are more thoroughly described in the NSP Notice. 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. 24 CFR 570.201(a) Acquisition, (b) Disposition homeownership assistance (as modified below): o 24 CFR 570.202 eligible rehabilitation homes and residential properties. C. ELIGIBLE INCOME LEVELS OF RENTERS (i) Relocation, and (n) Direct and preservation activities for NSP- assisted property subject to the agreement shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income. However, not less than twenty -five (25) percent of the tenants/ individuals or families may not have an income that exceeds 50 percent of the area median income ( "LH25 Requirement "). D. SCOPE OF SERVICE: (a)The major goal of the agreement is to provide affordable rental housing through the operation of a multi - family properties located at the following addresses in Naples, Florida: Page 16 of 35 Packet Page -1102- 7/24/2012 Item 11.H. Agreement #NSP -004 1. 2184 Sunshine Boulevard; Naples, Florida 34116; Lot 9, Block 21, Golden Gate Unit 2, According to the Plat Thereof, of Record in Plat Book 5, Pages 65 through 77, of the Public Records of Collier County, Florida. 2. 5465 Hunter Boulevard; Naples, Florida 34116; Lot 34, Block 164,Golden Gate, Unit 5, in accordance with and subject to the plat recorded in Plat Book 5, Pages 117 -123, inclusive, Public Records of Collier County, Florida. 3. 1660 41s` Street, S.W.; Naples, Florida 34116;Lot 8, Block 72 of Golden Gate, Unit Two, according to the plat thereof as recorded in Plat Book 5, Pages 65 -77, of the Public Records of Collier County, Florida. (b) The Subrecipient will operate all tasks in connection with this rental housing program in compliance with all applicable federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the County. Toward the goal of renting out the available units to eligible applicants, the major tasks that the Subrecipient intends to perform include, but are not necessarily limited to, the following : 1. 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 other 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. Page 17 of 35 Packet Page -1103- EXHIBIT A -1. Affordability Requirements GENERAL 7/24/2012 Item 11.H. Agreement #NSP -004 Subrecipient 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. The Subrecipient, 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. After the 15 year affordability period has been satisfied the requirements attached to the property are no longer applicable. RENTAL: LONG TERM AFFORDABILITY The NSP- assisted housing must meet the affordability requirements for not less than the applicable period of 15 years, specified pursuant to 24 CFR 92.252(a), (c), (e), and (f), and 92.254. The affordability requirements for NSP - assisted rental units apply without regard to transfer of ownership, except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. Collier County will enforce long -term affordability through the use of a recorded lien, covenant, or deed restriction against the assisted property. Subsequent rents during the affordability period will be calculated and applied in conformance with 24 CFR 92.252 (a), (c), (e), (f). RECAPTURE PROVISIONS: The recapture provisions will ensure that the County recoups all of the NSP assistance, if the housing does not continue to be used as a multi- family rental property and the Subrecipient does not continue to own the residence for the duration of the period of affordability. The period of affordability is 15 years based upon the total amount of NSP funds subject to recapture described above. The County may permit the Subrecipient to recover the Subrecipient's investment ( capital improvements made by the owner since the conveyance at the owner's expense minus NSP funds) before recapturing the NSP investment. Any NSP investment recaptured by the County shall remain with the County for future use toward other NSP - eligible activities. Page 18 of 35 Packet Page -1104- 7/24/2012 Item 11.H. Agreement #NSP -004 EXHIBIT A -2. Grant Agency Requirements APPLICABLE LAWS AND REGULATIONS Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally by compliance area, include but may not be limited to the following. GENERAL REQUIREMENTS • 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 Sub - recipients on Administrative Systems. 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 by Executive 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 AND 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). 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). Page 19 of 35 Packet Page -1105- 7/24/2012 Item 11.H. Agreement #NSP -004 • 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 570.2000)). 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: • If the Subrecipient contracts directly for rehabilitation services or acts as an agent for the homeowner, i.e., signs the rehabilitati r) contract. • If the Subrecipient 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. • If the individual homeowner contracts directly for rehabilitation services and the Subrecipient is not a party to the contract, the Section 3 requirements do not have to be followed. Page 20 of 35 Packet Page -1106- 7/24/2012 Item 11.H. Agreement #NSP -004 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. 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, ?s 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 , deal negotiate with any person Discriminating in terms or conditions for b!. yiii ig or rer"',;g lousing • Discriminating -)y advertising that housing i� ;;;,;y to persons of a certain family status, race, color, religion, sex, or , u Tonal origi,, • 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 Page 21 of 35 Packet Page -1107- 7/24/2012 Item 11. H. Agreement #NSP -004 • 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 subcontractors. Part III - 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 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 Subrecipients 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 Subrecipient 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 Page 22 of 35 Packet Page -1108- 7/24/2012 Item 11.H. Agreement #NSP -004 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 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 Page 23 of 35 Packet Page -1109- 7/24/2012 Item 11.H. Agreement #NSP -004 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 Countys are required to verify that any /all persons, contractors, consultants, businesses, sub - recipients, etc. that are conducting business with the County, including any city /county or the County 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.epis. ov). Page 24 of 35 Packet Page -1110- EXHIBIT A -3. Reporting REPORTING SCHEDULE 7/24/2012 Item 11.1-1. Agreement #NSP -004 Report Due Date Frequency # of Copies Remittance Addresses Operating Expense . 10 days after the Quarterly 1 Grant Coordinator Actual Expenditure end or ithe quarter HHVS Reconciliation Activity Report 10 days after the Quarterly 1 Grant Coordinator end of the quarter HHVS Rental Operation 90 days after One time and 1 Grant Coordinator Manual agreement when updated HHVS execution Annual Audit 180 days after Annually 2 Grant Coordinator end of fiscal year HHVS and Grant Com liance Office Capital Needs 30 days after Annually 2 Grant Assessment execution and 9/1 Coordinator, of each year HHVS thereafter Operating Expense 30 days after Annually 2 Grant Budget execution and 9/1 Coordinator, of each year HHVS thereafter Capital 30 days after Annually 2 Grant Expenditure execution and 9/1 Coordinator, Schedule of each year HHVS thereafter Performance Data 10 days after the Quarterly 1 Grant end of the quarter Coordinator, HHVS Income 15 days prior to Per Occurrence 1 Grant Certification tenant move in Coordinator, date HHVS Property Insurance 30 days of Annually 1 Grant Certification issuance Coordinator, HHVS REPORTS (a) Rental Operation Manual to include but not limited to: 1. Plan to maintain the property in a safe and sanitary condition; 2. Plan to contract with qualified independent Subrecipients or contractors for maintenance and repair and for the performance of extraordinary repairs beyond the capability of regular maintenance personnel; Page 25 of 35 Packet Page -1111- 7/24/2012 Item 11.H. Agreement #NSP -004 3. Plan to investigate all service requests from tenants and steps that will be taken to ensure prompt action; 4. Plan to ensure water, electric, gas, fuel, oil, sewage, trash disposal, vermin extermination, decoration of common areas, laundry facilities, telephone services, and other necessary service in connection with the property; 5. Acquire and keep in force at the Subrecipients expense all permits that may be required for the operation of the property as rental housing; 6. Plan to maintain tenant files containing copies of leases, certification forms, notices and other documentation required by the County to conform to the NSP regulations; 7. Plan for marketing the property in accordance with Fair Housing and Equal Opportunity Requirements. (b) The Subrecipient shall submit the NSP Subrecipient activity report and shall include the following: NSP -1 RENTAL SUBRECIPIENT ACTIVITY REPORT 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? 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. RENTAL INFORMATION Complete these tables for those properties rented 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 Page 26 of 35 Packet Page -1112- 7/24/2012 Item 11.H. Agreement #NSP -004 RACE AND ETHNICITY BENEFICIARIES Race Total No.'His' Hispanic E African American ercan Indian or Alaskan Native - Native Hawaiian or Other Pacific Islander American Inaian,"412ska Native and White Asian and White Black/African American and White American Indian /Alaskan Native and Black /African American Other Multi- Racial TOTAL Page 27 of 35 Packet Page -1113- EXHIBIT A-4. Monitoring DATE: TENANT (S) NAME: PROPERTY ADDRESS: 7/24/2012 Item 11.H. Agreement #NSP -004 SUBRECIPIENT shall submit the following completed form upon rental of each property /room associated with this agreement. SECTION A: PARTICIPANT ELIGIBILITY 1. 2. 3. Were income inclusions and exclusions applied ocrrectly for the chosen ❑ 0 ❑ income definition and was the calculation performed correctly? he Low Income set - aside)? Yes No N/A Describe Basis for Conclusion: Was household income supported with source documentation? ❑ E] El Yes No N/A Describe Basis for Conclusion: Was the person's annual income less than or equal to 120% of the area ❑ D 0 median income (or less than or equal to 50% if the unit was designated for he Low Income set - aside)? Yes No N/A Describe Basis for Conclusion: Prepared By: Telephone: Email: Page 28 of 35 Packet Page -1114- 7/24/2012 Item 11.H. Agreement #NSP -004 EXHIBIT A -5. Income Certification Neighborhood Stabilization Program 1 INSTRUCTIONS Submit completed form, including appropriate supporting documentation, to County to obtain approval prior to the rental 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 1 2 3 4 5 6 7 8 Total Cash Value of Assets Ba Total Income from Assets Bb 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. Bc Page 29 of 35 Packet Page -1115- 7/24/2012 Item 11.H. Agreement #NSP -004 E. 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 1 2 box B(b) or 3 box B(c), 4 above, in box C(e) 5 g below) 7 8 (a) (b) (c) (d) (e) Totals Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. F. 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. G. Required Supporting Documentation (1) Full 3rd Party verification (2) Income determination as evidenced by: Section 8 Annual Income, Census Long Form, IRS 1040 (3) Income for all household members for the upcoming 12 month period 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 Page 30 of 35 Packet Page -1116- Date Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) 7/24/2012 Item 11.H. Agreement #NSP -004 Date Date Adult Household Member (if applicable) Date H. NSP County 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 1. Household Data Page 31 of 35 Packet Page -1117- 7/24/2012 Item 11.H. Agreement #NSP -004 Number of Persons B Race / Ethnicity l3v A e White Black Hispanic Asian American Indian Other 0 — 25 26 — 40 41— 61 62+ Special Target I Special Needs Check all that appl Farm Worker Developmentally Disabled Homeless Elderly Other NOTE: Information 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. Page 32 of 35 Packet Page -1118- EXHIBIT A -6. Performance Report Data GENERAL 7/24/2012 Item 11.H. Agreement #NSP -004 The County 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, Subrecipient 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) operating funds expended, and (b) capital funds expended. 3. ACTIVITY PROGRESS NARRATIVE Described progress made with rental activities 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. Page 33 of 35 Packet Page -1119- 7/24/2012 Item 11.H. Agreement #NSP -004 Exhibit A -7 Operating and Capital Expense /Program Income /Expenditures All use of gross rental income shall conform to the approved annual operating expense plan, capital needs plan /schedule and shall be for eligible costs that must be supported by source documents that describe the basis of the costs incurred, identify the date of expenditure, provide a copy of cancelled check, invoice, payroll ledger /records and any procurement documents, cost price anlaysis. NSP Eligible Costs (a) Soft costs (b) Hard Costs (c) Delivery Costs All services and expenditures shall be supported and documented by three quotes in writing and conform to this agreement. The Subrecipient shall annually prepare an operating expense plan to include but not limited to: ❑ Utilities El Pest Control []Lawn Maintenance ❑Property management services The Subrecipient shall establish a set -aside from any "effective gross income" (any rental monies collected above monthly operating expenses) that may be used for capital improvements in accordance with annually approved capital needs assessment and replacement schedule. It is anticipated that capital expenditures may be necessary over the course of this project and shall be addressed in the annual capital needs assessment and capital replacement reserve. Capital expenditures may include but are not limited to: ❑ Landscaping: tree removal, planting of trees and /or bushes, etc. ❑ Painting: interior and exterior ❑ Pressure washing ❑ Fencing installation and replacement ❑ Flooring ❑ Roofing ❑ Paving driveways and sidewalks Ei Patio repair and upgrades ❑ Security systems — installation and upgrades ❑ Appliances: replacement schedule determined by HUD ❑ Accessibility: incorporation of universal design elements (wider doors, grab bars, walk - in showers, etc.) Page 34 of 35 Packet Page -1120- 7/24/2012 Item 11.H. Agreement #NSP -004 Monthly the Subrecipient shall deduct all approved operating expenses from the gross rents and deduct for the capital reserve account. Any funds, if remaining. shall be returned to the County on quarterly basis. All expenditures and deductions shall be in accordance with the annual approved operating and capital plans submitted and approved by the County. All expenditures are subject to monitoring and onsite review by the County. Page 35 of 35 Packet Page -1121- 7/24/2012 Item 11.H. SonntagKristi From: Retcjk @aol.com Sent: Sunday, June 17, 2012 1:19 PM To: SonntagKristi Cc: Retnaples @aol.com; bbwolfe829 @aol.com Subject: NPS grant Hi Kristi, As a follow up to our telephone conversation, please accept this email as formal notification that the Board of Florida Non- Profit Services, Inc. has regretfully voted not to pursue the award of 9 rental units in Golden Gate under the NSP Program Guidelines. After due consideration of all of the factors involved, it was determined that FNPS should, for the near term, concentrate its activities in Immokalee. Please accept our since thanks for your assistance throughout this process. We are comforted by the fact that another non - profit will maintain these units as affordable for the next 15 years. Best regards, Carl Packet Page -1122-