Agenda 12/11/2012 Item #16D 612/11/2012 Item 16.D.6.
EXECUTIVE SUMMARY
Recommendation to approve two (2) Subrecipient Agreements (first time homebuyers and
foreclosure prevention) in the total amount of $156,174 for the Community Development Block
Grant (CDBG) projects previously approved for U.S. Department of Housing and Urban
Development (HUD) funding in the 2012 -2013 Action Plan approved by the Board on July 24, 2012
(Agenda Item No. 11E).
OBJECTIVE: To begin expenditure of the FY 12 -13 HUD allocations, per the Annual Action
Plan approved by the Board.
CONSIDERATIONS: On July 26, 2011, the Board of County Commissioners approved the County's
Five -Year Consolidated Plan for fiscal years 2011 -2016 (Item No. IOH), formerly 16.D.14. The purpose
of the Consolidated Plan is to provide the County with a planning strategy outlining community -based
goals and objectives that will allow for eligible projects utilizing federal funding. In addition to furthering
the County's goals and objectives, the Consolidated Plan also complies with HUD national objectives.
Each year, the County completes an annual Action Plan that is meant to further the Consolidated Plan's
goals and objectives. Each Action Plan identifies a list of community based projects that is acquired
through an application submittal process. Among other criteria, during the review process, grant
applications are evaluated specifically against the goals and objectives of the Consolidated Plan and the
Annual Action Plan. In addition to the evaluation criteria, each proposed project is evaluated as to
whether the project meets the HUD national objectives. HUD's National Objectives are: elimination of
slum and blight, direct benefit to low and moderate income persons and/or has been designated to meet
community development needs having a particular urgency.
On July 24, 2012, the Board of County Commissioners adopted Resolution No. 2012 -137 approving a
One -Year (FY2012 -2013) HUD Action Plan (Agenda Item No. I LE) which contained a description of
and amount of funding for each project. The Action Plan identifies the funding year as October 1, 2012 to
September 30, 2013. The following contracts are effective December 11, 2012 to December 11, 2013.
This is an acceptable grant practice and allowed by the funding source.
The projects below are incorporated in the 2012 -2013 One Year Action Plan. Approval of the
Subrecipient agreements will allow Housing, Human and Veteran Services (HHVS) to administer,
implement and monitor the projects outlined in the Annual Action Plan. The Subrecipient Agreements for
the remaining projects contained in the 2012 -2013 One Year Action Plan will be presented to the Board
for consideration at a future meeting.
The following Subrecipient Agreements are being presented for the Board's approval: Housing
Development Corporation of SW Florida, Inc. — Financial Fitness and Housing Development Corporation
of SW Florida, Inc. — Saving Homes in Foreclosure Through Intervention Negotiation and Guidance
(SHIFTING).
Housing Development Corporation of SW Florida, Inc. — Financial Fitness - $84,500
The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows:
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12/11/2012 Item 16.D.6.
The project will allow the Housing Development Corporation of SW Florida, Inc. to provide
homebuyer education, financial fitness and budgeting/credit counseling to the residents of Collier
County.
Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's grant
application, the FY2012 -2013 Annual Action Plan, Priority Needs Category (Public Services) and the
Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and FY2012 -2013
Action Plan.
Housing Development Corporation of SW Florida, Inc. — Saving Homes in Foreclosure through
Intervention Negotiation and Guidance (SHIFTING) - $71,674
The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows:
The project will allow the Housing Development Corporation of SW Florida, Inc. to offer
comprehensive foreclosure intervention and prevention counseling services to Collier County
homeowners at risk of foreclosure as well as counseling to homeowners who have lost their
homes and provide them the tools tore- establish credit.
Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's grant
application and grant application amendments, the FY2012 -2013 Annual Action Plan, Priority Needs
Category (Public Services) and the Scope of Work. Staff confirms that the project is compliant with the
Consolidated Plan and FY2012 -2013 Action Plan.
The SHIFTING grant award was less than the Subrecipient's request. The project, as presented, in the
Action Plan and in the Subrecipient agreement, reflects the reduction of staff working in the program. The
grant request included several positions: a full time certified foreclosure intervention counselor, a full
time attorney, a part time receptionist/intake specialist and a full time housing paralegal. Instead, only a
Legal Aid Attorney and a Housing Counselor will be funded. Even with the reduction in funding between
the application and the Action Plan, the Subrecipient will maintain the same level of service identified in
the application.
It is important to mention that the Housing Development Corporation of SW Florida, Inc. (HDC) is
presently considered in default of the terms of a subrecipient agreement with the County. The funding
source is a State Housing Initiatives Partnership (SHIP) construction loan. HDC failed to income certify
and transferred a property without repayment of the construction loan. Upon notification of the default,
HDC promptly paid the County $58,000 toward repayment. A settlement agreement to include a payment
plan for the remaining balance is being drafted for consideration by HDC and, if acceptable, will be taken
to the Board for future consideration.
Even in light of this issue, Staff is bringing this item forward because HDC is the only HUD certified
provider of homebuyer education/credit counseling in the Naples area and has successfully completed the
"Financial Fitness" and "Shifting" programs in previous fiscal years.
Pursuant to the consistency analysis outlined above, Board approval of the Subrecipient Agreements
confirms the basis upon which payment is to be made; only to change thereafter by Board approved
substantial amendment and/or contract amendment, if needed.
FISCAL IMPACT: Funds in the amount of $156,174 are available within the Housing Grants Fund
(705) for FY2012/2013 CDBG Project (33236).
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. -JBW
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12/11/2012 Item 16.D.6.
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further certain Goals, Objectives, and Policies within the Housing Element of the Growth Management
Plan.
RECOMMENDATION: To approve and authorize the Chairman to execute two (2) Subrecipient
agreements for the CDBG projects previously approved for HUD funding in the 2012 -2013 Action Plan
approved by the Board of July 24, 2012 (Item No. I LE)
Prepared By: Elly Soto McKuen, Grant Support Specialist and Margo Castorena, Manager, Federal and
State Grants; Housing, Human and Veteran Services Department
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12/11/2012 Item 16.D.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.6.
Item Summary: Recommendation to approve two (2) Subrecipient Agreements for the
Community Development Block Grant (CDBG) projects previously approved for U.S.
Department of Housing and Urban Development (HUD) funding in the 2012 -2013 Action Plan
approved by the Board on July 24, 2012 (Agenda Item No. 11.E).
Meeting Date: 12/11/2012
Prepared By
Name: McKuenElly
Title: Grant Support Specialist, Housing, Human & Veteran
11/2/2012 10:39:02 AM
Submitted by
Title: Grant Support Specialist, Housing, Human & Veteran
Name: McKuenElly
11/2/2012 10:39:04 AM
Approved By
Name: CastorenaMargo
Title: Manager - Federal/State Grants, HHVS
Date: 11/9/2012 4:41:05 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 11/15/2012 11:14:55 AM
Name: DeSearJacquelyn
Title: Accountant,Housing, Human & Veteran Services
Date: 11/16/2012 9:43:04 AM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 11/16/2012 12:35:46 PM
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Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 11/19/2012 11:10:38 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 11/19/2012 2:59:47 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 11/20/2012 2:10:27 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/21/2012 2:16:17 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/27/2012 4:59:58 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/28/2012 4:20:31 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/2012 1:54:50 PM
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12/11/2012 Item 16.D.6.
12/11/2012 Item 16.D.6.
Grant # - B- 12 -UC -12 -0016
CFDA/CSFA# - 14.218
Subrecipient — Housing Development
Corporation of SW Florida Inc.
DUNS # - 604496453
FETI # - 38- 3695928
AGREEMENT BETWEEN COLLIER COUNTY
AND
HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA
SAVING HOMES IN FORECLOSURE THROUGH INTERVENTION, NEGOTIATION AND
GUIDANCE (SHIFTING)
THIS AGREEMENT is made and entered into this 11th day of December, 2012, by and between
Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal
address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Housing Development Corporation of SW
Florida, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its
principal office at 3200 Bailey Lane, Suite 109, Naples, FL 34105.
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) grant program Community Development Block Grant Program funds and the
COUNTY expects to continue to receive entitlement funds from these grant programs to operate the
COUNTY's housing and community development activities; and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to
primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income
residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY12 -13 for the CDBG Program on July 24,
2012, Agenda Item #11.E.; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
the preparation of the One -Year Action Plan, the County held public meetings, receiving citizens' comment and
advertised a 30 -day citizen comment period from May 22, 2012 through June 21, 2012 ; and
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12/11/2012 Item 16.D.6.
WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the One -Year
Action Plan for Federal Funds for FY12 -13 providing CDBG funds in the amount of $71,674 to Housing
Development Corporation of SW Florida, Inc. for the Saving Homes in Foreclosure Through
Intervention, Negotiation and Guidance (SHIFTING) located at 3200 Bailey Lane, Suite 109, Naples, FL
34105; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and
Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows:
The FY2012 -2013 Action Plan identified and approved the project to offer comprehensive foreclosure
intervention and prevention counseling services to Collier County homeowners at risk of foreclosure as
well as counseling to homeowners who have lost their homes and provide them the tools to re- establish
credit.
HDC will target a minimum of 135 low income homeowners that have an income that is 80% or less of
the area median income (AMI). The program will provide services to qualified homeowners whose
"homestead" property is at risk of being foreclosed. The program will provide assistance to a minimum
of 60 clients with Legal Services and a minimum of 75 clients with one -on -one counseling.
One -on -one counseling program will consist of preparing such documents as, but not limited to: a
household budget, a `loss mitigation' package and a hardship letter; all documents will be sent to the
mortgage lenderlservicer for review and negotiation of a loan modification or foreclosure alternative.
Legal Aid Service of Collier County (LASCC) will provide legal services to qualified low income
homeowners through referrals from HDC and may consist of full representation in court, limited
representation, advice and counseling and general legal information provided at outreach workshops,
clinics or seminars.
All activities funded with CDBG funds must meet one of the CDBG program's National Objectives:
benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet
community development needs having a particular urgency, as defined in 24 CFR 570.208
11. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 11th day of December, 2012 and end on the 11th
day of December, 2013. The term of this Agreement and the provisions herein may be extended by amendment
to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or
other CDBG assets, including program income.
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12/11/2012 Item 16.D.6.
III. AGREEMENT AMOUNT
The COUNTY agrees to make available SEVENTY ONE THOUSAND SIX HUNDRED SEVENTY
FOUR DOLLARS ($71,674) for the use by the SUBRECIPIENT during the Term of the Agreement
(hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a
result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds ").
The budget identified for the Saving Homes in Foreclosure Through Intervention, Negotiation and
Guidance (SHIFTING) shall be as follows:
All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that
meet Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as
work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper
invoice and in compliance with § 218.70, Florida Statutes., otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
The following table details the project deliverables and payment schedule:
Deliverable
CDBG
Line Item Description
Funds
Salaries and Benefits for:
Upon oicing of allowable expenses
Legal Aid - Housing Attorney (Contract)
$ 50,000
Housing Counselor (HDC Employee)
21,674
TOTAL
1 $ 71,674
All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that
meet Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as
work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper
invoice and in compliance with § 218.70, Florida Statutes., otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
The following table details the project deliverables and payment schedule:
Deliverable
Payment Schedule
Legal services, foreclosure intervention and
default counseling
Upon oicing of allowable expenses
A minimum of 60 low income homeowners
will receive Legal Aid assistance and a
Final 10% ($7,167) released upon
minimum of 75 low income homeowners
documentation of a minimum of 135
will receive one -on -one counseling
homeowners served
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or
sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written
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communications under this Agreement shall be addressed to the individuals in the capacities indicated below,
unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
SUBRECIPIENT ATTENTION: Kathy Patterson, Executive Director
Housing Development Corporation of SW Florida, Inc.
3200 Bailey Lane, Suite 109
Naples, FL 34105
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production
of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
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C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. The
Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or
medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
contractor.
D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to
end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days
and modify any subsequent project work plans to reflect the extension. The request must be submitted no later
than ninety (90) days prior to end date of the Agreement.
E. INDEMNIFICATION
To the .maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the 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. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and/or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
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F. GRANTEE RECOGNITION /SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. TERMINATION
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not
limited to), the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any
funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's
obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary.
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Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in
part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in
excess of $25,000 as outlined in 24 CFR 570.505 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until
five (5) years after expiration of the term of this Agreement or for such longer period of time as
determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the
SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its
discretion determines appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the
COUNTY an amount equal to the current market value of the property less any portion of the value
attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the
property. No payment is required after the period of time specified in subsection (a).
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 AW
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
3. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for four (4) years after expiration of this Agreement
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with the following exception: if any litigation, claim or audit is started before the expiration date
of the four (4) year period, the records will be maintained until all litigation, claim or audit
findings involving these records are resolved. The COUNTY shall be informed in writing if an
agency ceases to exist after closeout of this Agreement of the address where the records are to be
kept as outlined in 24 CFR 85.42.
4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law,
including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and
administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD Income
Guidelines, The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
C. REPORTS AND' EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th
day of January, April, July and October respectively for the prior quarter period end. As part of the report
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and/or legislative amendments are enacted. Reports and /or requested
documentation not received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that H14VS will carry out no less than one (1) annual on -site monitoring
visit and evaluation activities as determined necessary. At the COUNTY'S discretion, a desk top review of the
activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon
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satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown
below. Should there be a conflict; the Purchasing Policy ThreshoWs will prevail.
Dollar Range $
Quotes
Under $3K
No Quote Required
Above $3K to $ l OK
3 Written Quotes
Above $1 OK to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid IFB
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and /or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
G. PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program.
H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, program income balances,
and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the
records retention outlined in Section IX.B.3, the SUBREICPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention.
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12/11/2012 Item 16.D.6.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection with the
project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of
1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish - speaking,
Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
emale business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be
low- and moderate - income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement.
D. AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds.
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12/11/2012 Item 16.D.6.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS provided, however, that this'paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate - income residents of the project target area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply
with First Amendment Church/State principles as follows:
a. it will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion and
will not limit such services or give preference to persons on the basis of religion
c. It will retain its independence from Federal, State and local governments and may continue to carry
out its mission, including the definition, practice and expression of its religious beliefs, provided that
it does not use direct CDBG funds to support any inherently religious activities, such as worship,
religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is used for
both eligible and inherently religious activities, CDBG funds may not exceed the cost of those
portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
(This page intentionally left blank)
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12/11/2012 Item 16.D.6.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on this I 1 th day of December, 2012,
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
Dated:
(SEAL)
s
FRED W. COYLE, CHAIRMAN
HOUSING DEVELOPMENT CORPORATION OF
SW FLORIDA, INC.
Bv:
KATHY PATTERSON
Kathy Patterson, Executive Director
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
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12/11/2012 Item 16.D.6.
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
S. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
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12/11/2012 Item 16.D.6.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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12/11/2012 Item 16.D.6.
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REOUEST FOR PAYMENT
Sub recipient Name: Housing Development Corporation of SW Florida, Inc
Sub recipient Address: 3200 Bailey Lane, Suite 109, Naples, FL 34105
Project Name: Saving Homes in Foreclosure Through Intervention, Negotiation and Guidance
Project No: CD 12 -07 Payment Request #
Dollar Amount Requested: $
SECTION I1: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
$ $71,674
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under $14,999)
Dept Director (approval required $15,000 and above)
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12/11/2012 Item 16.D.6.
EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies,
lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against
any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida
Statutes Chapter 713.02 Part 1— Waiver or Release of Liens.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request
for Payment.
Witness:
11-IM
Housing Development Corporation of Southwest Florida,
Inc
BY:
ITS: Executive Director
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20J, by
as of
A Choose Not- For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Agency Name:
Project Title:
Program Contact: 117y.,::a3teson__-;, -; ~;;: >:
12/11/2012 Item 16.D.6.
Contract
Date:
Alternate
Contact:
1
Housing Development Corporation of SW Florida, Inc
2012 CDBG (CD 12 -07)
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Telephone Number:
MD
`° v
*REPORT FOR QUARTER ENDING: check one that applies to the
° ,
corresponding grant period):
12131/12 ,,' 03131113 «;x;. 06/30/13
= 09130!13
Please take note: The CDBGIHOMEIESG Program year begins October 1, 2012
- September 30, 2013. Each quarterly report needs to include cumulative
data beginning from the start of the program year December 11, 2012.
1
Housing Development Corporation of SW Florida, Inc
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2.
1
12/11/2012 Item 16.D.6.
Yes No No
3. Since October 1 2012, of the persons assisted, how man
Section 108 Loan Guarantee
Y k
HOPWA
c
CDBG
Other Consolidated Plan Funds
as2 �,;yfM
r f,
Other Federal Funds
�,; t � �t�4 �, � .��x= �,.�G.��z�„k.
ESG
State / Local Funds,ry
HOME
Total
$
Entitlement $
Total Other Funds
-
Funds -
Housing Development Corporation of SW Florida, Inc
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0
No. of female head of household:
TOTAL: 0
a. Total number of adult females served: `Total number of females served under 18; A
b, Total number of adult males served: P.;, „;;r.,_Total number of males served under 18:
TOTAL: 0 TOTAL: 0
C. Total No. of families served: „';
Total No. of female head of household: x) .
Complete EITHER question #7 OR #8, Complete question #7 If your program only serves clients In one or more of the listed HUD Presumed
Benefit categories. Complete question #8 if any client In your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND S.
7. PFlES'UMEb $>;NEFICIIARY DAT111: $
aTHERJ3ENEF..IGIARY DATA :INCOME _RANGE 'i::
Indicate the total number of UAIDUPJ"TED Indicate the total number of INDUPLICATED persons
persons served since October 1 who fall into served since October 1 who fall Into each Income
each presumed benefit category (the total category (the total should equal the total in question 06).
should equal the total in question #6) :
Re port as:
Abused Children
Homeless Person
Battered Spouses
Persons w/ HIV/AIDS
Elderly Persons
Veterans
Chronically/ Mentally ill
Physically Disabled Adults
Other -Youth
Report as:
Di Extremely low Income (0 30 %)
Low Income (31 -50 %)
.Moderate Income (51 -809e)
;Above Moderate Income (>50 %)
TOTAL: 0 TOTAL: 0
9. Racial,&?Ethnic'.1Daiac .. (if a acabie) :> ` - ' `;
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total Cell),
RACE ETHNICITY
White
Black/African American31-
Asian
American Indian /Alaska Native + D'
Native Hawaiian /Other Pacific Islander #. .
American Indian/Alaskan Native & White L3.
Black/African American & White 0
Am. Indian /Alaska Native & Black/African Am
Other Multi- racial ti<.
Other 0..':__...:.i;
TOTAL: 0
Name:
Title:
Housing Development Corporation of SW Florida, Inc
2012 CDBG (CD 12 -07)
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Negotiation and Guidance (SI-lt1-'17ING) Page 19 of 26
r,
of whom, how many are Hispanic?
#`J
of whom, how many are Hispanic?
Wit) u,,,
of whom, how many are Hispanic?
of whom, how many are Hispanic?
Q ;of
whom, how many are Hispanic?
D ; of whom, how many are Hispanic?
D of whom, how many are Hispanic?
t1 ; of whom, how many are Hispanic?
of whom, how many are Hispanic?
% -O ; of whom, how many are Hispanic?
0 TOTAL HISPANIC
Signature:
76—ti-rTy—ped name here represents your electronic
signature
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12/11/2012 Item 16.D.6.
EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
Total Federal F,nancJal Assistance Expended aunng most
recent) .con feted Fiscal ear: ..
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
❑ indicated above and expect to complete our Circular A -133 audit by , Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
❑ indicated above
❑ Are a for - profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
..4w.J -1-- -s s- !2 rnnw of Mho rou- nnnCEAs and corractive action Dian.)
Certification Statement
I hereby certify that the above information is trueand accurate
Signature Date
Print Name and Title
Housing Development Corporation of SW Florida, Inc
2012 CDBG (CD 12 -07)
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12/11/2012 Item 16.D.6.
EXHIBIT "F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42
USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low- income
residents of the project area, and that contracts for work in connection with the project
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12/11/2012 Item 16.D.6.
be awarded to business concerns that provide economic opportunities for low - and very
low - income persons residing in the metropolitan area in which the project: is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project are given to low- and very low -
income persons residing within the metropolitan area in which the CDBG - funded project is located;
where feasible, priority should be given to low- and very low- income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and very low - income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low - income persons residing within the metropolitan area in which the
CDBG - funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low- income residents within the service area or the
neighborhood in which the project is located, and to low- and very low- income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14.29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form
4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
13 5.11(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17, The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable.
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12/11/2012 Item 16.D.6.
18, Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
19.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections:
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance;
Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow
570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following
applies:
■ in all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
■ Equipment not needed by the SUBRECIPiENT for (OBU activities snap oe
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies
with the following exceptions:
■ The retention period referenced in 84.53(b) pertaining to individual CDBG activities
shall be four years; and
■ The retention period starts from the date of submission of the annual performance and
evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is
reported on for the final time rather than from the date of submission of the final
expenditure report for the award;
• Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7); and
Subpart D — After -the -Award Requirements — except for 84.71, Closeout Procedures
20.24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are govermnental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms. of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by
representatives of SUBRECIPIENT with full decision- making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20`h Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24
CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and /or reduce the cost of said flood insurance.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at
24 CFR 570.608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
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In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list. AOWI
29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -
Free Workplace Act of 1988 (41 USC 701).
30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States, local governments, and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local og vernment) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days =
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG
including, but not limited to, the provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of
$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes.
35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
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Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and
cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes 119.021 Records Retention
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Grant # - B- 12 -UC -12 -0016
CFDA/CSFA# - 14.218
Subrecipient — Housing Development
Corporation of SW Florida Inc.
DUNS # - 604796453
FETI # - 38- 3695928
AGREEMENT BETWEEN COLLIER COUNTY
AND
HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA
HOMEBUYER EDUCATION WORKSHOPS, FINANCIAL FITNESS WORKSHOPS AND
FORECLOSURE /CREDIT COUNSELING
THIS AGREEMENT is made and entered into this 11th day of December, 2012, by and between
Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal
address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Housing Development Corporation of SW
Florida, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its
principal office at 3200 Bailey Lane, Suite 109, Naples, FL 34105.
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) grant program Community Development Block Grant Program funds and the
COUNTY expects to continue to receive entitlement funds from these grant programs to operate the
COUNTY's housing and community development activities; and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to
primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood /community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income
residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FYI 2-13 for the CDBG Program on July 24,
2012, Agenda Item #11.E.; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
the preparation of the One -Year Action Plan, the County held public meetings, receiving citizens' comment and
advertised a 30 -day citizen comment period from May 22, 2012 through June 21, 2012 ; and
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WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the One -Year
Action Plan for Federal Funds for FY12 -13 providing CDBG funds in the amount of $84,500 to Housing
Development Corporation of SW Florida, Inc, for the Homebuyer Education Workshops, Financial
Fitness Workshops and Foreclosure /Credit Counseling located at 3200 Bailey Lane, Suite 109, Naples, FL
34105; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and
Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows:
The FY2012 -2013 Action Plan identified and approved this project. It will provide homebuyer
education, financial fitness and budgeting/credit counseling to the residents of Collier County.
Homebuyer Education will provide 28 homebuyer education workshops either in English and /or Spanish
for a minimum of 540 individuals. The workshops will consist of 8 hours of classroom education in 2-
four (4) hour sessions in either 2 weekday evening sessions or one full -day on a Saturday. Topics to be
covered in the sessions will include, but not limited to: proper steps in purchasing a home, managing
your finances, understanding credit, obtaining a mortgage loan and loan programs including down
payment assistance, predatory lending, shopping for a home and closing on the loan. Each participant
will receive a Certificate of Completion when the course is completed.
Financial Fitness Education will provide 12 -two (2) hour classroom education for a minimum of 120
individuals. Topics such as, but not limited to: lifetime money management; practice of good credit
habits; fraud, scam and identity theft protection; creating a spending plan; establishing a savings
account.
Individual Pre - Purchase, Credit and Budget, Foreclosure Counseling — Individual clients, in private
settings, will learn to resolve credit issues. A minimum of 300 sessions will be provided by the
SUBRECIPIENT.
All activities funded with CDBG funds must meet one of the CDBG program's National Objectives:
benefit low - and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet
community development needs having a particular urgency, as defined in 24 CFR 570.208
II. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 11th day of December, 2012 and end on the 11th
day of December 13, 2013. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG
funds or other CDBG assets, including program income.
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III. AGREEMENT AMOUNT
The COUNTY agrees to make available EIGHTY FOUR THOUSAND FIVE HUNDRED
DOLLARS ($84,500) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the
aforestated amount including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s) to the Agreement, shall be referred to as the "Funds ").
The budget identified for the Homebuyer Education Workshops, Financial Fitness Workshops and
Foreclosure /Credit Counseling shall be as follows:
Line Item Description
Payment Schedule
CDBG
workshops and one -on -one counseling
Funds
Homebuyer Education Workshops
A minimum of 540 low income participants
28 workshops @$2,000 per workshop
$
56,000
Workshops total 8 hours
participants, financial fitness education
fitness and a minimum of 300 sessions of
Financial Fitness Education
one -on -one counseling programs
sessions
12 two hour workshops @ $750 per workshop
$
9,000
Individual pre - purchase /credit and budget/foreclosure
counseling 300 one -on -one sessions @ $65 per session
$
19,500
Up to 5 sessions per client
TOTAL
$
84 500
All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that
meet Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as
work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper
invoice and in compliance with § 218.70, Florida Statutes., otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
The following table details the project deliverables and payment schedule:
Deliverable
Payment Schedule
Homebuyer, financial fitness education
workshops and one -on -one counseling
Upon invoicing of allowable expenses
sessions
A minimum of 540 low income participants
Final 10% ($8,450) will be released upon
for homebuyer education, a minimum of
documentation of homebuyer education
120 low income participants for financial
participants, financial fitness education
fitness and a minimum of 300 sessions of
participants and one -on -one counseling
one -on -one counseling programs
sessions
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IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or
sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in the capacities indicated below,
unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
SUBRECIPIENT ATTENTION: Kathy Patterson, Executive Director
Housing Development Corporation of SW Florida, Inc.
3200 Bailey Lane, Suite 109
Naples, FL 34105
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production
of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
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Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. The
Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or
medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
contractor.
D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to
end date of this agreement,
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days
and modify any subsequent project work plans to reflect the extension. The request must be submitted no later
than ninety (90) days prior to end date of the Agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the 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. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and/or expiration of this Agreement. This section does not pertain to any incident
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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,
F. GRANTEE RECOGNITION /SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. TERMINATION
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not
limited to), the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
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VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any
funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's
obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary.
Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in
part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in
excess of $25,000 as outlined in 24 CFR 570.505 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until
five (5) years after expiration of the term of this Agreement or for such longer period of time as
determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the
SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its
discretion determines appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the
COUNTY an amount equal to the current market value of the property less any portion of the value
attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the
property. No payment is required after the period of time specified in subsection (a).
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
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shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
3. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHV S if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured .location for four (4) years after expiration of this Agreement
with the following exception: if any litigation, claim or audit is started before the expiration date
of the four (4) year period, the records will be maintained until all litigation, claim or audit
findings involving these records are resolved. The COUNTY shall be informed in writing if an
agency ceases to exist after closeout of this Agreement of the address where the records are to be
kept as outlined in 24 CFR 85.42,
4, The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law,
including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and
administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD Income
Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th
day of January, April, July and October respectively for the prior quarter period end. As part of the report
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for default and
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termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The- SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown
below. Should there be a conflict; the Purchasing Policy Thresholds will prevail.
Dollar Range $
Quotes
Under $3K
No Quote Required
Above $3K to $ l OK
3 Written Quotes
Above $1OKto $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid IFB
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
G. PROGRAM- GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program.
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H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, program income balances,
and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the
records retention outlined in Section IX.B.3, the SUBREICPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection with the
project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of
1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking,
Spanish surnamed or Spanish - heritage Americans, Asian- Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be
low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement.
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12/11/2012 Item 16.D.6.
D. AFFIRMATIVE ACTION PLAN
Awl
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate- income residents of the project target area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply
with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion and
will not limit such services or give preference to persons on the basis of religion
c. It will retain its independence from Federal, State and local governments and may continue to carry
out its mission, including the definition, practice and expression of its religious beliefs, provided that
it does not use direct CDBG funds to support any inherently religious activities, such as worship,
religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is used for
both eligible and inherently religious activities, CDBG funds may not exceed the cost of those
portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
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12/11/2012 Item 16.D.6.
KII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on this 1 lth day of December, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
Dated:
(SEAL)
FRED W. COYLE, CHAIRMAN
HOUSING DEVELOPMENT CORPORATION OF
SW FLORIDA, INC.
KATHY PATTERSON
Kathy Patterson, Executive Director
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage, Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
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OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and /or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the stiucture(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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12/11/2012 Item 16.D.6.
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Housing Development Corporation of SW Florida, Inc
Sub recipient Address: 3200 Bailey Lane, Suite 109, Naples, FL 34105
Project Name: Homebuyer Education Workshops Financial Fitness Workshops and Foreclosure /Credit
Counseling
Project No: CD 12 -06 Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ $84,500
2.
Sum of Past Claims Paid on this Account
$
3.
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4.
Amount of Previous Unpaid Requests
5.
Amount of Today's Request
6.
Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under $14,999)
Dept Director
Housing Development Corporation of SW Florida, Inc
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(approval required $15,000 and above)
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12/11/2012 Item 16.D.6.
EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies,
lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against
any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida
Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request
for Payment.
Witness:
Print name and title
STATE OF
COUNTY OF
Housing Development Corporation of Southwest Florida,
Inc
BY:
ITS: Executive Director
DATE:
The foregoing instrument was acknowledged before me this day of
as
A Choose Not- For - Profit, or Corporation or Municipality
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
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20_, by
of
on behalf of
me OR has
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Agency Name:
Project Title:
Program Contact:
Telephone Number:23C143J�
12/11/2012 Item 16.D.6.
Contract
Date:
Alternate
Contact:
'REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period): 12/31/12 03131/13 06!30/13 09130/13
Please take note: The CDBG /HOMEIESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include cumulative
data beginning from the start of the program year December 11, 2012,
1.
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2.
Yes
If no. exolai
now' imel ne
No
3. I Since October 1, 2012, of the persons assisted, how many....
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a.
...now have new access (continuing) to this service or benefit? .p ;
' E
b.
...now has improved access to this service or benefit? p m
C.
...now receive a service or benefit that is no longer substandard? '0
TOTAL: 0
4.
What fundm .sources.are:a hed for #hrs`' nod / r.0 ram.yea r?
Section 108 Loan Guarantee
db HOPWA
Other Consolidated Plan Funds
�`J CDBG
' '
Other Federal Funds
R�� ,y x ESG
'
State / Local Funds
�M,u;; w> 'i HOME
Total
$ Entitlement
$
Total Other Funds
- Funds
-
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EXHIBIT "D"
s.
Vf►hat is the total numF�lAC1 DUPLICATED.clients.aervedl :this natter if$PPitcabfe?
a.
gg
Total No. of adult females served: r Tote! No. of females served under 16:)
b.
Total No. of adult males served, s:Xa ? (�•- Total No. of males served under 18:
of whom, how many are Hispanic?
TOTAL: 0 TOTAL:
0
C.
Total No. of families served: rYi '- -Total No. of female head of household:
of whom, how many are Hispanic?
s.
What: Ia'the #offi! n TED cilents.i3ervad mince Oeber, if'appilcable?
of whom, how many are Hispanic?
.1 ;
a.
Total number of adult females served,; r ' Total number of females served under 18:
b.
._�,'.�-�, ^;= z'.'- ";ai.F,AM
Total number of adult males served: Total number of males served under 18:
TOTAL: 0 TOTAL:
0
C.
Total No. of families served: `n_Total No, of female head of household:
Complete EITHER question #7 OR #e. Complete question #7 If your program onlvserves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #8 If any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND S.
7. FfRESIJMED BE1!iEFICiiE1RY 1QATA: 8 OTNER'BENEFICi1#RY DATA IDfCQME .131Wi3E `.` .
Indicate the total number of UNDUPLICATED Indicate the total number of UNDUP1 ICAT;=D persons
persons served since October 1 who fall Into served since October 1 who fall Into each income
each presumed benefit category (the total category (the total should equal the total in question #6) :
should equal the total in question #6) :
Report as:
Abused Children
Homeless Person
Battered Spouses
Persons wi HIV /AIDS
Elderly Persons
d Mentally III
Disabled Adults
Re port as:
� lla= 4
a....
r� -�.w �? Extremely low Income (0- 30 °.6)
Low income (31 -50 %)
36% ; >�Moderate Income (51 -e0 %)
>`Ii: <.
ilk? ;Above Moderate Income ( >80 %)
TOTAL: 0 TOTAL: 0
e. RacialaS.EthnicDaffi, {ifs pNcebte
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please Indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
White
Black/African American
Asian
American Indian/Alaska Native
Native Hawailan /Other Pacific Islander
American Indian/Alaskan Native & White
Black/African American & White
Am. indlan/Alaska Native & Black/African Am.
Other Multi- racial
Other L,.- --:.3
TOTAL: 0
Name:
Title:
Housing Development Corporation of SW Florida, Inc
2012 CDBG (CD 12 -06)
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•
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
>;
of whom, how many are Hispanic?
of whom, how many are Hispanic?
=:
of whom, how many are Hispanic?
of whom, how many are Hispanic?
.1 ;
of whom, how many are Hispanic?
0 TOTAL HISPANIC
Signature:
Your typed name here represents your a ec rornc
signature
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12/11/2012 Item 16.D.6.
EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
❑ indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
❑ indicated above
❑ Are a for - profit organization
❑ Are exempt for other reasons — explain
An audited financiai statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that the above lnformation;is true;and accuraie
Signature Date
Print Name and Title
Housing Development Corporation of SW Florida, Inc
2012 CDBG (CD 12 -06)
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EXHIBIT "F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS s
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42
USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low- income
residents of the project area, and that contracts for work in connection with the project
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12/11/2012 Item 16.D.6.
be awarded to business concerns that provide economic opportunities for low- and very
low - income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project are given to low - and very low -
income persons residing within the metropolitan area in which the CDBG - funded project is located;
where feasible, priority should be given to low- and very low- income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and very low- income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low- income persons residing within the metropolitan area in which the
CDBG - funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low- income residents within the service area or the
neighborhood in which the project is located, and to low- and very low- income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14.29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form
4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
13 5.11(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable.
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18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
19.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non -Profit Organizations and specified by the following subsections:
• Subpart A — General;
• Subpart B — Pre - Award Requirements, except for 84.12, Forms for Applying for Federal Assistance;
• Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow
570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following
applies:
• In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies
with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG activities
shall be four years; and
• The retention period starts from the date of submission of the annual performance and
evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is
reported on for the final time rather than from the date of submission of the final
expenditure report for the award;
• Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7); and
• Subpart D — After - the -Award Requirements — except for 84.71, Closeout Procedures
20.24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20'h Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a, Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24
CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and /or reduce the cost of said flood insurance.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at
24 CFR 570.608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
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In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -
Free Workplace Act of 1988 (41 USC 701).
30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States local governments and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local l;overnment) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Organizations follow:
• A -122 for Cost Principles
• A -110. for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days ,.
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG
including, but not limited to, the provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of
$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes.
35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
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Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and
cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes 119.021 Records Retention
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