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Agenda 09/27/2011 Item #16D79/27/2011 Item 16.0.7. ~ EXEC\JTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign one (1) Subrecipient Agreement in the amount of $528,122.54 with Habitat for Humanity of Collier County using Home In'\'estment Partnership Program (HOME) grant funding. HOME funds for this Single Family Rehabilitation project will be utilized for the replacement. and installation of new roofs for eligible low . income households residing in Collier County who are at or below 80% of Median Family Income or(MFI) under BUD Income Guidelines OBJECTIVE: To approve and authorize the Chairman to sign one (1) Subrecipient Agreement in the amount of $528,122.54 with Habitat for Humanity of Collier County using HOme Investment Partnership Program (HOME) grant funding. CONSIDERATIONS: On April 22, 2008, the Board of County Commissioners (BCe) adopted Resolution No. 2008-121 approving the submittal of the 2008-2009 Action Plan to HUP for $3,089,381 in entitlement funds for FY 2008-2009 and on April 28, 2009 the BCC adopted Resolution No. 2009-116 approving the submittal of the 2009-2010 Action Plan to HUn for $3,089,415 in entitlement funds for FY 2009-2010. Each of these Action Plans contained ,projects to be completed utilizing HOME federal funds. r'\ On August 24, 201 0, Item No 16Fl was approved in absentia and authorized the reprogramming of HOME funds for use in the Single Family Rehabilitation (SFR) Program. The BCC Chair. was also authorized to notify BUD of the reprogramming. On September 14, 2010, Item 16FIC, the BeC ratified the approval. This reprogram of HOME funds is in accordance with BUD guidelines and Collier County's Citizen Participation Plan (CPP). At the July 26, 2011 meeting, the BCC issued guidance to outsource SFR to non-profit agencies, and Housing, Human and Veteran Services (HHVS) believes this is consistent with the BCe's guidance. Collier County Housing, Human and Veteran Services recommends these reprogrammed HOME funds be awarded to Habitat for Humanity of Collier County for the replacement and installation of new roofs to eligible low income households residing in Collier County. This agreement in the amount of$528.122.54 to Habitat for Humanity for Single Family Rehabilitation will assist families throughout Collier County who are at or below 80% of Median Family Income or (MFI) under HUD Income Guidelines. Habitat for Humanity will meet the 25% matching funds requirement for this grant in the amount of $132,030.63 bringing the total project amount to $660,]53.17. Per HUD calculations, match is determined by multiplying the award amount by 25%. FISCAL IMPACT: None. No general funds are associated with this HOME Funding Subrecipient Agreement. HUD grant funds are available within Community Development Block Grant Fund (121) Projects (44550 & 44555). GROWm MANA~EMENT IMPACT: The HOME project associated. with.. this Subrecipient Agreement will help meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDER,ATIONS: This item is legally sufficient and requires a majority vote.- JBW r'"'\ Packet Page -1837~ 9/27/2011 Item 16.0.7. ~, RECOMMENDATION: To approve and authorize the Chairman to sign one (1) Subrecipient Agreement in the amount of $528,122.54 with Habitat for Humanity of Collier County using Home Investment Partnership Program (HOME) grant funding. Prepared by: Rosa Munoz, Grants Coordinator Housing, Human and Veteran Services Department ~ ..-.. PacketPage-1838- 9/27/2011 Item 16.0.7. COLLIER COUNTY .-' Board of County Commissioners Item Number: 16.0.7. Item Summary: Recommendation to approve and authorize the Chairman to sign one (1) Subrecipient Agreement in the amount of $528,122.54 with Habitat for Humanity of Collier County using Home Investment Partnership Program (HOME) grant funding. HOME funds for this Single Family Rehabilitation project will be utilized for the replacement and installation of new roofs for eligible low income households residing in Collier County who are at or below 80% of Median Family Income or (MFI) under HUO Income Guidelines. Meeting Date: 9/27/2011 Prepared By Name: MunozRosa Title: Grants Coordinator,Housing, Human & Veteran Services 9/8/2011 9:05:34 AM Submitted by .---. Title: Grants CoordinatoLHoLlsing. Human & Veteran Services Name: MunozRosa 9/8/2011 9:05:36 A\/1 ApproYed By Name: CastorenaMargo Date: 9/8/2011 5:16:23 PM Name: AckermanMaria Date: 9/9/2011 7:46:27 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 9/12/2011 8:12:17 AM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services .-.. Packet Page -1839- Date: 9/13/2011 8:32:01 AM ~ Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 9/13/2011 2:05:01 PM Name: RamseyMarla Title: Administrator, Public Services Date: 9/15/20112:43:29 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 9/16/2011 10:23:32 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 9/19/2011 1 :49:54 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/19/2011 4:09:55 PM ~ Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 9/19/2011 4:49:08 PM 1'~2Lil1C: ()chsLeo Tille: Coumy ~v!anai:'cr [\1\:: 1 ~)=O I IT! .=-:~ pc,; ,-... Packet Page -1840- 9/27/2011 Item 16.0.7. 9/27/2011 Item 16.0.7. AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY ROOFING/REHABILIT A TION PROJECT Catalog of Federal Domestic Assistance # 14.239 HUD Grant # M-08-UC-12-0017 HUD Grant # M-09-UC-12-0017 --- THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "Habitat for Humanity of Collier County, Inc.," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida34113, and its Federal Tax Identification number as 59-1834379 & DUNS # 0806676690, ("DEVELOPER/SPONSOR"). WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston-Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 for the HOME Program by Resolution 2008- 121 on April 22, 2008; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2009-2010 for the HOME Program by Resolution 2009-116 on April 28, 2009; and ~ WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 and Federal Fiscal \Tear 2009-2010 for the HOlvIE Program znd the use of the HOME funds for the activities identified in the Pla~l: and \X-/I-IEREAS, the CC}tJl.JT'y" and tbe r)E\rEL,()p-ER~jSr"'Cr1\~S()~Z. desire 10 p:"ovlde the scrivitle~ specified in this Agreement, in accord with the approved One- Year Action Plan; and WHEREAS, the COUNTY desires to engage the DEVELOPERJSPONSOR to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative( s). (B) "HOME" is the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 USC 3535(d) and 12701 - 12839. 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative ~ Page 1 of 25 Packet Page -1841- 9/27/2011 Item 16.0.7. ~ (C) "HHVS" means the Housing, Human and Veteran Services Department of Collier County. (D) "DEVELOPER/SPONSOR" means Habitat For Humanity Of Collier County. Inc. (E) "HHVS APPROVAL" means the written approval of the Housing, Human and Veteran Services Department or designee. (F) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (G) "Low and moderate income persons" means the definition set by BUD. (H) "PROJECT" means the work to be performed as set forth in Exhibit "A". (I) "AGENCY" means HHVS, the HOME administering Agency of Collier County. For the purpose of this Agreement and all administration of HOME funds, the AGENCY shall act on behalf of the COUNTY in the execution and fiscal and programmatic control of this agreement. (1) "FEE" is the amount of money the COUNTY agrees to pay and the DEVELOPER/SPONSOR agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work. (K) "WORK" - is all the professional and technical services to be rendered or provided by the DEVELOPER/SPONSOR as described here. II. SCOPE OF SERVICES --- The DEVELOPER/SPONSOR shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "E," all of which are attached hereto and made a part hereof. HI. TIME OF PERFORMANCE The effective date of this Agreement betv,:,cn DE'/ELOPEFUSPONSOR 2nd Collier COEnty shall Scntember 27, 2011. The services of the DEVELOPERISPOI-JSOR shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the DEVELOPER/SPONSOR prior to September 27. 2013. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COlJl'.HY, as set forth in Section XI below. IV. CONSIDERATION AND LIMITATION OF COSTS The DEVELOPER/SPONSOR shall be reimbursed by the COUNTY using federal funds for allowable costs, determined by COUNTY, in an amount not to exceed FIVE HUNDRED TWENTY-EIGHT THOUSAND. ONE HUNDRED TWENTY-TWO DOLLARS AND FIFTY FOUR CENTS (U. S. $528.122.54) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by DEVELOPER/SPONSOR employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY .-.. 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 2 of 25 packetpage-1842- 9/27/2011 Item 16.0.7. and federal requirements. The DEVELOPER/SPONSOR shall enter into contract for improvements with the lowest responsive and qualified bidder. -. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3339 Tamiami Trail East, Suite 211, Naples, Florida 34112, and to the DEVELOPER/SPONSOR when delivered to its office at the address listed on page one of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The DEVELOPER/SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the DEVELOPER/SPONSOR shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty-five (45) days of said official notification. B. DEBARMENT The DEVELOPER/SPONSOR certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the DEVELOPERJSPONSOR shall not lmowingly enter into any lower tier contract. or other covered transaction, with a person who is similarly debalTcd or suspended from participating in this covered transaction. ,......." lOCAL /-'cND FEDER!-\L !:::ULES. REGt'LbcTJO~~S l'.hTD LA \VS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR Part 92.206, HOME Investment Partnership Program - The regUlations governing the disbursement of HOME funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI ofthe 1964 Civil Rights Act, 42 USC S 2000d, et. seq. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. ,......." 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 3 of 25 Packet Page -1843- 9/27/2011 Item 16.D.7. 5. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. ~ 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC S 2000e, et. seq. 7. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. The DEVELOPER/SPONSOR shall comply with Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). Section 3 of the HUD Act of 1968 requires, to the greatest extent feasible, that recipients of HUD funds (and their contractors and subcontractors) provide jobs and other economic opportunities to low-income persons, particularly public housing residents. Section 3 helps create employment for low- income persons and provides contracting opportunities for businesses that are owned by low-income people or that provide employment to low-income people. Contract administration shall be handled by the DEVELOPER/SPONSOR and monitored by the COUNTY. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 10. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5). ~ 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 29 eFR 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 Davls-Bacon Act. HUD Form 40 10 must be included in all construction contracts fU:jded ,~ "~:- . 42 t)SC: 2762 and 24 C'FI~ 1'"' 5.1 c). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 16.0MB Circular A-133 - concerning annual audits. 17.0MB Circular A-I22 - which identifies cost principles. --., 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 4 of 25 Packet Page -1844- 18. 9/27/2011 Item 16.0.7. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. ,--- 19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 20. lmmigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the DEVELOPER/SPONSOR to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. ~ 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or sta~e coutts in Colli':r CO'.lI1ty. Florida. \vhich courts have sole and exclusive 5'J.risdicTion Ijl1 8ll such n'latters. J- -). Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of DE VEL OPERIS PONS OR with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of DEVELOPER/SPONSOR with full decision- making authority and by COUNTY'S staffperson who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under S 44.102, Fla. Stat. ...-.. 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 5 of 25 Packet Page -1845- 9/27/2011 Item 16.0.7. D. SUBCONTRACTS ,,-.., Any work or services subcontracted by the DEVELOPER/SPONSOR shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the DEVELOPER/SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the DEVELOPER/SPONSOR to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes, and HUD. Reimbursements for such services will be made at DEVELOPER/SPONSOR cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the DEVELOPER/SPONSOR or reimbursed by the COUNTY without approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. ~ F. INDEMNIFICATION To the maximum extent pemlitted by Florida law, the DEVELOPER/SPONSOR shall indemnify and hold hannless Collier County, its onicers and employees from any and all liabilities. damages, losses ai10 costs~ jncludin~g~ but 110t lilrdted to" reasonable attorneys~ fees and para]cgals~ fees" to the e);:tenl c&us,ed b:,,' the negligence. recklessn~:s~~~ (:-1' intentiollrilJ\/ v~'rongrul conauel of DE\lEL()PEiZ,/SPOj~S(}R ur a.nyone enlployed or utiLized by the I)E\lELiOPElz/St)Ot"~SC)F~ in perf0l111anCe 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 plli-ty or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The DEVELOPER/SPONSOR will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the DEVELOPER/SPONSOR will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The DEVELOPER/SPONSOR will mount a temporary construction sign for projects funded by HHVS. This design concept is intended to disseminate key information ~ 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 6 of 25 Packet Page -1846- 9/27/2011 Item 16.0.7. regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. ,-... H. TERMINATION In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the DEVELOPER/SPONSOR with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the DEVELOPER/SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the DEVELOPER/SPONSOR, and the COUNTY may withhold any payment to the DEVELOPER/SPONSOR for set-off purposes until such time as the exact amount of damages due to the COUNTY from the DEVELOPER/SPONSOR is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the DEVELOPER/SPONSOR for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) ~ TEP..JvHNATJO:~ Dt'E TO CESSATJON In the, C\:CTlt the grant to lhc ('()l_rl\:l-'\" undc:- 1.11e 1-1cnlsing ~nd C~'C)111ITlunjly Development Act of 1974 (as amended) is suspended or terminated, this ,L..greement shall be suspended or terminated effective on the date that HUD specifies. 1. INSURANCE DEVELOPER/SPONSOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "D" to this Agreement. J. DEVELOPER LIABILITY OBLIGA nON Compliance with the insurance requirements in Exhibit "D" shall not relieve the DEVELOPER/SPONSOR of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) --- 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 7 of25 Packet Page -1847- 9/27/2011 Item 16.0.7. ~ calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the DEVELOPER/SPONSOR shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the DEVELOPER/SPONSOR fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the DEVELOPER/SPONSOR shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The DEVELOPER/SPONSOR agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The DEVELOPER/SPONSOR agrees to comply with OMB Circular A-I 10 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs ~, incurred. B. DOCUMENTATION AND RECORDKEEPING 1. The DEVELOPER/SPONSOR shaH maintain all records required by the HOME Federal Regulations feif ;] period of A~[!reeInent, years (6) years after expiration of this All repOl~Ls, plans. surveys, inioffi1ation, documents, maps, and OTher data procedures developed, prepared, assembled, or completed by the DEVELOPER/SPONSOR for the purpose of this Agreement shall be made available to the COUNTY by the DEVELOPER/SPONSOR at any time upon request by HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. 3. The DEVELOPER/SPONSOR shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). ~. 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 8 of 25 PacketPage-1848- 9/27/2011 Item 16.0.7. 4. DEVELOPER/SPONSOR shall submit monthly beneficiary reports to HHVS using Exhibit "E". .-- 5. The DEVELOPER/SPONSOR shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. DEVELOPER/SPONSOR shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the DEVELOPER/SPONSOR shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. Indirect Costs: If indirect costs are charged, the DEVELOPER/SPONSOR will develop an indirect cost allocation plan for determining the appropriate Developer's share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. 7. Failure to adequately maintain any former HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HOME funds. 8. The DEVELOPER/SPONSOR will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 1 ! ,"""""" 9. The DEVELOPER/SPONSOR further agree that HHVS shall be the final arbiter on the DEVELOPER/SPONSOR's compliance with the above. REPORTS. AUDITS. AND EVALUATIONS irnburseJJlenl \viIl contir:.gc:1t on LJ cornpL:te ~lnd accurale rC'-p~lru) r(~quiTe-d this Agreement, 2.nd on the resolution c;f monitoring or audl! findings idemified pursuant tu this Agreement. D. ADDITIONAL HOUSING. HUMAN AND VETERAN SERVICES. COUNTY. AND HUD REQUIREMENTS The SUB RECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. WRITTEN APPROVALS-SUMMARY (1) All subcontracts and agreements proposed to be DEVELOPER/SPONSOR pursuant to this Agreement; All capital equipment expenditures of$I,OOO or more; entered into by the (2) .".......", 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 9 of 25 Packet Page -1849- 9/27/2011 Item 16.0.7. (6) All out-of-town travel; (travel shall be reimbursed in accordance with S 112.061, Fla. Stat., unless otherwise required by HOME); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A", and All rates of pay and pay increases paid out of HOME funds, whether for merit or cost of living. (3) ~, (4) (5) F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-lIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. G. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-133. /"""'.. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHVS to submit "Reduced Scope" audits (e.g., financial audit, perfomlance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each :Cederal mvard in accordance v/ith federal laws and regulatioJIS go\rerni.eg the progran1 in v/hich they participate. - " Vihcn the re~UIrements 01 Ulvlci "c1. - LU applY., or v\.'rien i ~~ '-. lll:;': DEVELOPER/SPONSOR elects to comply with OMB A-I33, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the DEVELOPER/SPONSOR. A copy of the audit report must be received by HHVS no later than six months following the end of the DEVELOPER/SPONSOR's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the DEVELOPER/SPONSOR may choose to have an audit performed either on the basis of the DEVELOPER/SPONSOR's fiscal year or on the basis of the period during which HHVS- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those /"""'.. 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 10 of25 Packet Page -1850- 9/27/2011 Item 16.0.7. services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. ,-..." 5. The DEVELOPER/SPONSOR shall maintain all contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The DEVELOPER/SPONSOR shall include in all HHVS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by HHVS, each of the record-keeping and audit requirements detailed in this contract. HHVS shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and recordkeeping requirements described above. H. PROGRAM-GENERATED INCOME All income earned by the DEVELOPER/SPONSOR from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The DEVELOPER/SPONSOR shall report its plan to utilize such income to HHVS, and said plan shall require written approval of the HHVS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-II0 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. Program Income, as defined by 24 CFR 92.503 for HOME funds, may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit "A"" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the DEVELOPER/SPONSOR or its sub-contractors shall be returned to the COUNTY unless the DEVELOPER/SPONSOR requests and is authorized to utilize uncommitted funas. ~ GR.Al.n CLOSEOUT PLCCEDURES DEVELOPER/SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The DEVELOPER/SPONSOR agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. ,-..." 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 11 of25 Packet Page -1851- 9/27/2011 Item 16.0.7. ,,-... The DEVELOPER/SPONSOR shall comply with Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). 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. Contract administration shall be handled by the DEVELOPER/SPONSOR and monitored by the COUNTY, which shall have access to all records and documents related to the project. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the DEVELOPER/SPONSOR shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the HOME areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES ~ At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be very low, low- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The DEVELOPER/SPONSOR shall provide written verification of compliance to HHVS upon HHVS' request. D. CCn,YFUCT OF rNTEREST The DEVELOP ER/SPlH'\SOR. covenants that no person who presently e;;erClses any runcnons or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the DEVELOPER/SPONSOR. Any possible conflict of interest on the part of the DEVELOPER/SPONSOR or its employees shall be disclosed in writing to HHVS. (See 24 CFR 92.356). E. PUBLIC ENTITY CRIMES As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any work in furtherance hereof, the DEVELOPER/SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133(3) (a), Fla. ~ 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 12 of25 PacketPage-1852- 9/27/2011 Item 16.0.7. Stat. F. DRUG-FREE WORKPLACE REOUIREMENTS .-..... The DEVELOPER/SPONSOR must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. ~ 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-mvards at all tiers (including subcontracts. subgrants. contracts under grants. loans, and cooperative agreements) and tnat all DEVELOPERISPCJNSOR'S sba11 certify and disclose accordingly. H. REAL PROPERTY Any real property acquired by the DEVELOPER/SPONSOR for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR part 24, shall be subject to the provisions of the CDBG/HOME Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the DEVELOPER/SPONSOR's control, which is acquired or improved in whole or part with CDBG/HOME funds in excess of $25,000, must adhere to the CDBGIHOME Regulations at 24 CFR 570.505. .-..... 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 13 of25 Packet Page -1853- 9/27/2011 Item 16.0.7. ~. IX. ENVIRONMENTAL CONDITIONS The DEVELOPER/SPONSOR agrees to comply with the following requirements: A. AIR AND WATER 1. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the DEVELOPER/SPONSOR shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The DEVELOPER/SPONSOR agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found in 24 CFR 92.355. D. HISTORIC PRESERVATION ~. The DEVELOPER/SPONSOR agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. CONDITiONS FOR RELIGFO'CiS ORGANIZA TrONS HOME funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 92.257 specifIes the limitations on HOME funds for faith based activities. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the DEVELOPER/SPONSOR shall transfer to the COUNTY any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. 24 CFR 92.504(2)(vii). XII. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. .---... 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 14 of25 Packet Page -1854- 9/27/2011 Item 16.0.7. XIII. COUNTERPARTS OF THE AGREEMENT -.. This Agreement, consisting of twenty-five (25) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. [SIGNA TURE PAGE TO FOLLOW] r---.. r---.. 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 15 of25 Packet Page -1855- a " ~ ........ --- ........., . ~ 9/27/2011 Item 16.0.7. IN WITNESS WHEREOF, the Subl'ecipicnt and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of -_.. -> 20_. A'ITEST: DWIGHT E. BROCK, CLERK Dated:_ (SEAL) First Witness &~~~e-: Type/print witness name Secoud Witness .~~. ,~~ ~~2 ~ T-~- . u+- "fu'1 "'"L~__L-,-d ,A_~ - ~rype/print vvttnc~s fltUnC ' 2008-2009 HOME Funding (HM09-06) SFR Re-Rootblllnlliative BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHArRMAN Habitat For Humanity Of Collier County, Inc. "07~ ;"-7/ / / By:l~. - /;:~ph.::V..-z_ Subrecipie Signatw'e n\A: .\<('(~Lhey/"', r Xr?~ ~tlld:' U ,P ,,-C \a.l'\d Type/print Sllhrecipicnl name and Litle ()el:do p ~'I'\ e. 1\1' Approved as to ronn tt:ld Jegal sufficiency: r-', ..'-' _'" ...-....._ '---:: \ .,\,....., I' ) \"--"0'_ ----~~ ~ -'..- '- .fennifcrl.f>. \Vhite Assistant County Attorney Page 16 of25 PacketPage-1856- 9/27/2011 Item 16.0.7. EXHIBIT "A" -.. SCOPE OF SERVICES HABITAT FOR HUMANITY OF COLLIER COUNTY SINGLE FAMILY REHABILITATION RE-ROOFING INITIATIVE A. PROJECT SCOPE: Habitat for Humanity proposes to use Home Investment Partnerships Program (HOME) for replacement of a minimum of sixty-seven (67) roofs with no cap on the maximum number of roofs, as funding allows. Roofing rehabilitation of the housing units will enhance the living conditions for residents and preserve affordable low moderate housing stock within Collier County. HOME funds in the amount of $528,122.54 will be used for roof replacement project. The 25% matching funds requirement is being met by Habitat for Humanity in the amount of $132,030.63 bringing the total project cost to $660,153.17. Each housing unit's replacement cost will not exceed $9,000. Any unexpended funds that may be available after sixty-seven (67) roofs have been replaced, may be used toward replacement and all costs associated with any additional roof replacement in accordance with bid specifications not to exceed the total project amount. Roof Replacement activities may include but not be limited to, replacement of roofs and all costs associated with the removal of existing roofs, installation and replacement of any damaged underlayment, roof penetrations, boots, flashing, rotted fascia boards, trusses, soffits, metal roofing, ..-...... insulation, vents, painting of fascia boards, site clean-up and disposal of any debris. This HOME funding will also be used to pay 100% of the salary and benefits for the project manager. l-Iabitat staff \\fil1 i11anage the cre,ation and maintenance of income eligibility files on clients served and documentation that all households are at or belmv 80% of Median Family Income or (MFI) under BUD InCOlne Guidelines }-]ousing rehabiiit2rion nHlY' he perforrned b): Habitat stafL voluntccrs~ 3\varded COnrl'3Clor(s)/suhcont;actor(s'). and future hOInec)\\-TII.;.~rs \vorLing s\v::at equity ~l()Urs. T'be de~2jled project scope will be contained in the bid specifications of the contractor(s) aVv'arded the project's contract(s). This project may be awarded to multiple contractors. The contractor(s) roofing contract(s) will include details sufficient to document the number, amount, and costs associated with all activities with the billing segregated by address. The project activities will meet the U.s. Department of Housing and Urban Development's national objective to provide decent housing to low and moderate income persons. B. BUDGET: Collier County Housing, Human and Veteran Services is providing Five Hundred Twenty-Eight Thousand. One Hundred Twenty-Two Dollars and Fifty Four Cents ($528.122.54) in HOME funding for the project scope described above. The 25% matching funds requirement is being met by Habitat for Humanity in the amount of $132,030.63 which must be shown as invoices are presented (i.e. 25% of every invoice is adjusted for the 25% until the $132,030.63 is met). .- 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 17 of25 Packet Page -1857- 9/27/2011 Item 16.D.7. ~ Line Item Description Roof replacement activities Salary & Benefits Project Manager @ 100% HOME Funds $ 468,122.54 $ 60,000.00 Matching Funds $ 132,030.63 TOTAL: $ 528,122.54 $ 132,030.63 TOTAL PROJECT AMOUNT $ 660,153.17 Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. C. PROJECT WORK PLAN: The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. .--.... Date Start Date End Work Plan 08/2011 0212012 Hire Project Manager 08/2011 06/2013 Certify Client Eligibility 08/2011 06/2013 Award Contract( s) 08/2011 08/2013 Apply for Permits 08/2011 08/2013 Install Roofs 08/2011 08/2013 Complete Installation of Roofs 08/2012 08/2013 Project Closeout n. PAyl\fENT SCHEDULE: . ",., "',.l taDle G~talJS ;:~~ ,....f 'v..-"":1.. pc")7ITlent s.:::hcdu:e. ! Deliverable I Replacement of a minimum of67 roofs Pa:yment Scbedule Upon monthly invoicing, will reimburse 75% of allowable expenses using the schedule of values Final 10% ($52,812.25) released upon documentation that all roofs have been replaced. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHVS. End of Exhibit "A" .--... 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 18 of25 PacketPage-1858- 8/l {flUll Item 1 b.U. f. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT ~ SECTION I: REQUEST FOR PAYMENT DEVELOPER/SPONSOR Name: Habitat for Humanity Inc. DEVELOPER/SPONSOR Address: 11145 Tamiami Trail East. Naples. FL 34113 Project Name: Single Family Rehabilitation Re-Roofing Initiative Project No: HM09-06 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 528,122.54 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 ofToday's Request s; 6. Cu;-rent Grant Eja:ance (l!1ttjai Grant /~r:1~}unt FI.\\'-3rdc:d ~_,ess Sum of aU requests) J certify that this request for reimbursement has been drawn in accordance \",ith the tenns and conditions oft!.e Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Reimbursement is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Dept Director (approval authority under $14.999) (approval required $15.000 and above) Supervisor End of Exhibit B 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative .-.... Page 19 of25 Packet Page -1859- 9/27/2011 Item 16.0.7. EXHIBIT "c' ~ ADDITIONAL HOME GRANT REQUIREMENTS No additional HOME requirements for this agreement ~ End of Exhibit C ,.-, 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 20 of 25 Packet Page -1860- 9/27/2011 Item 16.0.7. EXHIBIT "D" INSURANCE REQUIREMENTS .'-' The DEVELOPER/SPONSOR shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate( s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (1) - (3) above, a Certificate ofInsurance must be provided as follows: (d.) Professional Liability Insurance in the name of the DEVELOPER/SPONSOR or the licensed design professional employed by the DEVELOPER/SPONSOR in an amount not less than $300,000 per occurrence providing for all sums which the DEVELOPER/SPONSOR and/or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the DEVELOPER/SPO!'JSOR or any Dcrson employed lw r)E\/EL()PER/SPC)~~~SOP,- in connectIon \\'ith this contract. T'his insl1rancc shall be ,,-...., :11aintain2d ror Cl tVJU _ ; 'S(::.~S :ti1.t~r c:~te Issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in (1) - (4) above, the DEVELOPER/SPONSOR shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: (e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the DEVELOPER/SPONSOR. 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative ..-.. Page 21 of25 Packet Page -1861- ~/L (fLU "I "I Item H).U.I. Exhibit "D", Continued ....-... (f.) Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A. T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERA TIONIMANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: (g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. (h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. (i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. ....-... End of Exhibit "D" --.. 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 22 of 25 Packet Page -1862- 'tI/L.//L.U I I 1lt::1I1 IO.U.f. "ATTACHMENT E" HOME MONTHLY PROGRESS REPORT ,-.., Completeformfor past month and submit to Housing, HUllUln and Veteran Services stal/by the ]Uh of the following month. Status Report for Month of Submittal Date: Project Name Rehabilitation Proiect Project Number HM09-06 Activity Number DEVELOPER/SPONSOR: Habitat for Humanity. Inc. Contact Person Nick Kouloheras. Executive Vice President of Land Development Telephone: 239-775-0036 Fax: -239-775-0477 E-mail: N kouloheraslalhilicoll ier.com 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? ~ ." Describe any affinnlltlve mark.eting you haTe i.mplcmcntcd [cgarcEng this pr"oject. Plicasc and attKch ~tny recent ill.eclfa ccrvcrage of 3~(Jur or'gz~ntz~ltion reratf.ng 1'0 ttlRS pro}ecL 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative ---- Page 23 of 25 Packet Page -1863- .:IlL IILU I I 1lt::111 I U.U. I. Exhibit E, Continued 6. New contracts executed this month (if applicable): ~ Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions on (see definitions on Number Number following page) following page) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: 6. TOT AL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1. " INCOME ,,-.., Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low-income (51-80%) of the current Median family Income (lvfFI). Enter this number ill box "4. " TE: The total ~ -} .{ sh.o'u''fd equal tf: c !: !:n:rbcr in bex' I. FETvlALE HEAD OF HOlJSEHOLD This project assisted number in box "5" below. Female Head of Households REGARDLESS of income. Enter this BOX] BOX 2 BOX3 BOX4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persous Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50"10) Exhibit E, Continued ,,-.., 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative Page 24 of 25 Packet Page -1864- 81LflLUll Item lb.U.f. DEVELOPER/SPONSOR must indicate total beneficiaries for Race AND Ethnicity ,,-.... Definitions of Race: I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian! Alaska Native and White Asian and While Black/African American and \Vhite American Indian/Alaskan l\ali\'c (Iud Bbcl:!!\frican Amcric2:l1 Other Multi-Racial ,,-.... TOTAL: End of Exhibit E 2008-2009 HOME Funding (HM09-06) SFR Re-Roofing Initiative ,,-.... Page 25 of 25 Packet Page -1865-