Agenda 03/09/2010 Item #16D 8
Agenda Item No. 1608
March 9, 2010
Page 1 of 36
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EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Declaration of Deed
Restriction between Collier County and the Empowerment Alliance of Southwest Florida
Community Development Corporation for a project known as Hatcher's Preserve in
Immokalee, Florida.
OBJECTIVE: To approve and authorize the Chairman to sign a Declaration of Deed
Restriction between Collier County and the Empowerment Alliance of Southwest Florida
Community Development Corporation ("Empowerment Alliance") for a project known as
Hatcher's Preserve in Immokalee, Florida.
CONSIDERATIONS: On May 23, 2007, Resolution No. 2007-144, the Board of County
Commissioners accepted federally-funded supplemental disaster recovery subgrant agreements
with the Florida Department of Community Affairs. Commonly referred to as the Disaster
Recovery Initiative, the goal of the program is to rehabilitate hurricane impacted units, harden
existing units against future storm damage, provide support for newly constructed hurricane
resistant dwelling units and demolish and replace those units damaged beyond repair.
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On November 13, 2007, agenda item 16D33, the Board of County Commissioners executed a
Disaster Recovery Initiative Subrecipient Agreement with the Empowerment Alliance, a private
not-for-profit organization. The a!,'feement provided the organization $374,545.00 in federal
grant funds for the construction of infrastructure to benefit fifteen (15) proposed new residential
dwelling units for a project known as Hatcher's Preserve in Immokalee, Florida.
The Empowerment Alliance has substantially completed the infrastructure project funded by the
Disaster Recovery Initiative. However, due to the downward adjustment in the local real estate
market, construction of the new residential dwelling units has been temporarily suspended.
The Florida Department of Community Affairs, acting as the grantor agency for the Disaster
Recovery Initiative, performed an onsite monitoring session in Collier County beginning
December 8, 2009 and ending December 10, 2009. During this time it was determined that
Collier County was at risk of noncompliance as relates to the Hatcher's Preserve project.
Specifically, 24 CFR S 570.208(a)(3) defines an eligible housing activity as one which has the
"purpose of providing or improving permanent residential structures which, upon completion,
will be occupied by low- and moderate-income households." As noted above, construction of
the new residential dwelling units in Hatchcr's Preserve has been temporarily suspended, thereby
preventing Collier County from closing the project due to a lack of low- and moderate-income
households occupying the proposed units.
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Following discussion with the Florida Department of Community Affairs it was determined that
Collier County may correct the potential noncompliance by placing a Declaration of Deed
Restriction on the assisted project. This document will impose restrictive covenants on the
project to ensure that at least fifty-one percent (5]%) of future beneficiaries will be very low- or
low- income households. Execution of this document will ensure that the project will comply
with the governing rules and regulations, as well as meet a national objective as required by the
United States Department of Housing and Urban Development. Once approved and executed,
the attached Declaration of Deed Restriction will be recorded in the public records of Collier
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Agenda Item No. 1608
March 9, 2010
Page 2 of 36
County, Florida and a copy will be forwarded to the Florida Department of Community Affairs
for review and approval. Recording costs will be paid by the Housing and Human Services
Department.
FISCAL IMPACT: This Declaration of Deed Restriction will impose restrictive covenants on a
project that has been awarded $374,545.00 in Disaster Recovery Initiative grant funding. No
general funds are associated with this project.
GROWTH MANAGEMENT IMPACT: Implementation of Disaster Recovery Initiative
facilitates efforts to meet the goals, objectives and policies set forth in the Housing Element of
the Growth Management Plan.
LEGAL CONSIDERATIONS: The Declaration of Deed Restriction has been reviewed and
approved by the County Attorney's Office. This item is legally sufficient for Board action. _
CMG
RECOMMENDATION: To approve and authorize the Chairman to sign a Declaration of Deed
Restriction between Collier County and the Empowerment Alliance for a project known as
Hatcher's Preserve in Immokalee, Florida.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
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3918850 OR~g~p~tf~~!~
RBCORDBD in omCIAL mORDS of c.1a1P ~~'al FL
10/18/2006 at 03:16P! DWIGHT E. BROCK, CLERK
COIS 268000.00
RBC m 18.50
DOC-.70 1876.00
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Retn:
GOODLITTI COLIKAI IT AL
1001 TAKIAKI TR I t300
IAPLBS FL 31103
WARRANTY DEED
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SUBJECT TO: real estate taxes for the year 2006 and subsequent
years; zoning, building code and other use restrictions imposed by
governmental authority; restrictions, reservations and easements of
record common to the subdivision; provided, however, that no one of
them shall prevent use of the property for commercial purposes.
Grantor represents and warrants that neither she nor her spouse or any minor child
thereof reside on the above described property or adjacent thereto and in fact resides at 3090
White Boulevard, Naples, FL 34117 and that the property is vacant land.
And said Grantor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
S:\Brandy Closings
Phillips sf Empowerment Alliance
Warranty Deed
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This Instrument Prepared By
Richard D. Y ovanovich. Esq.
Goodlene, Coleman & Johnson. P .A.
400] Tamiami Trail North, Suite 300
Naples. FL 34103
(Page I of2)
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OR: AU~fl, 1~~~J4J~ nx
March 9, 2010
Page 4 of 36
IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this
instrument on the day and year first above written.
Signed, Sealed and delivered
in the Presence of:
Print Nome:
,
.
NETTIE PHILLIPS
THE FOREGOING
October, 2006 by NETTIE P
driver's license as identificati
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Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
Notary Publi
Print Name:
State of Florida at Large
My Commission Expires:
(Notary Seal)
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.C .....'. IIIlANDYA.1WlCHICE
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..'W. . MY COMlIISSION I DO 158976
,~. EXPIRES: Febnlary 16, 2007
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Phillips st Empowenncnt Alliance
Warranty Deed
(Page 2 of2)
Agenda Item No. 1608
March 9, 2010
Page 5 of 36
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AGREEMENT BETWEEN COLLIER COUNTY
AND
EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA
HATCHER'S PRESERVE
Florida Administrative Code 9BER06-1
CFDA # 14.228
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 "The Empowerment Alliance of SW Florida
Community Development Corporation," a private not-for-profit corporation existing under the laws of the
State of Florida, having its principal office at 750 South Fifth Street, Immokalee FL 34142 and its Federal Tax
Identification number as 59-3682139, hereinafter referred to as "SUBRECIPIENT", effective May 23,2007.
WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of
Community Affairs; and
- WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit very low and low income persons by addressing hurricane impacted housing public facility and
community development needs; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Agreement
with the Florida Department of Community Affairs for $2,339,882 in Community Development Block Grant
Disaster Recovery Initiative funds relating to Hurricane Wilma with Resolution 2007-144 on May 23, 2007,
and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved 2005 Disaster Recovery Sub grant Agreement; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the
Disaster Recovery Initiative (DRD Program as a valid and worthwhile County purposes.
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NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
Empowerment Alliance of Southwest FIonda
Hatcher's Preserve
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Agenda Item No. 1608
March 9, 2010
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I. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBRECIPIENT" means The Empowerment Alliance of SW Florida Community
Development Corporation
(5) "HHS's Approval" means the written approval of the Housing and Human Services
Department or designee.
(6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
(9) "DR!" means Disaster Recovery Initiative Program
(10) "DCA" means Florida Department of Community Affairs
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, 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 "C," all of which are attached hereto an .
made a part hereof.
IlL TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
timely release of funds for this project by DCA under Agreement No. 07DB-3V -09-21-01-Z 01. The effective
date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT 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 SUBRECIPIENT prior to April 30, 2009. _Any funds not obligated by
the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F
(e), and Part VIII H below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY and DCA,
in an amount not to exceed Three Hundred Seventy-four Thousand Five Hundred forty-five dollars ($374,545)
for the services described in Exhibit" A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal/state requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY,
which shall have access to all records and documents related to the project.
V. NOTICES
'Empowerment AllIance of Southwest F10nda
Hatcher's Preserve
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Agenda Item No. 1608
March 9, 2010
Page 7 of 36
- All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the
State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable:
1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005
Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as
outlined in Attachment A: Program Guidelines;
2. SUBRECIPIENT acknowledges that it will adhere to all applicable State and Federal laws and
regulations;
3. SUBRECIPIENT acknowledges that the Florida Department of Community Affairs and the COUNTY
shall be held harmless against all claims of whatever nature arising out of the SUBRECIPIENT'S
performance of work.
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If needed, SUBRECIPIENT may be called upon to assist COUNTY during a natural disaster or emergency.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS.
No payments will be made until approved by the HHS Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or designee within forty-five (45) days of said official notification.
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B. COMPLIANCE WITH LOCAL, STATE AND FEDERAL RULES, REGULATIONS AND
LAWS
During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws,
1. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
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Agenda Item No. 1608
March 9, 2010
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2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
II. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water
Pollution Acts.
13. Contract Work - Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 of the Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and 5a - 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, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG. See attachment A-3.
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Agenda Item No. 1608
March 9, 2010
Page 9 of 36
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18.
Revised Order Number 4 . Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. 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.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112. which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25.
24 CFR 570, Subpart J. - regulations covering standard Grant Administration
Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR
570.502.
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26.0MB Circular A-133 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
.' Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
31. Chapter 427, Florida Statutes - which requires the coordination transportation for the
disadvantaged.
32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or
materials with recycled content.
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33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable
cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal
custodian, caregiver, or other person responsible for the child's welfare, as defined in
Empowerment AllIance of Southwest Flonda
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Agenda Item No. 1608
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this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (J
800-962-2873).
34. Chapter 415.1034, Florida Statutes - that any person who knows or has reasonable
cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or
exploited, shall immediately report such knowledge or suspicion to the National Center
on Elder Abuse Hotline (1-800-962-2873).
35. Chapters 435.03 and 435.04, Florida Statutes - that if any personnel in programs
under this contract work directly with children or youths and vulnerable or disabled
adults - employment screening is required.
36. Chapter 216.347, Florida Statutes - prohibits the expenditure of contract funds for the
purpose oflobbying the legislature, state or county agencies.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT 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 SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set fort"
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 and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPIENT 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 SUBRECIPIENT or reimbursed by
the COUNTY without prior written approval of the HHS Department or his designee.
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to conform to changes required by
Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a part of this Agreement and shall be subject to
approval of the COUNTY. 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.
E. INDEMNIFICATION
The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its
agents, its employees and elected officers harmless from and against any and all claim
liability, expense, loss, cost, damages or causes of action of every kind or character, includin"
attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the
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Agenda Item No. 1608
March 9, 2010
Page 11 of 36
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performance of the terms of this Agreement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT
will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Government arising out of the conduct of activities
and administration of SUBRECIPIENT.
F. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHS, State and Federal support for all activities made possible
with funds made available under this Agreement. The SUBRECIPIENT will mount a
temporary construction sign for projects funded by HHS. This design concept is intended to
disseminate key information regarding the development team as well as Equal Housing
Opportunity to the general public. This signs construction utilizes a minimum conventional
4'X8" plywood back panel and other conventional construction materials and methods.
G.
TERMINATION
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In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT 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 SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is determined.
I. 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.
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 SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
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In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD or DCA specifies.
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Agenda Item No. 1608
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H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than
10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention
or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG
2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial General Liability. The Additional Insured endorsement shall read "Collier
County Board of County Commissioners. a Political Subdivision of the State of Florida. its
Officers. Employees. and Agents. c/o Housing & Human Services De]:)artIIlent". The
SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance
evidencing the required insurance is in full force and effect within thirty (30) calendar days
prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day
endeavor to notify due to cancellation or non-renewal of coverage shall be included on the
certificate( s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with the HHS Department. reserves the right to
periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to time throughout the life of this
Agreement. The COUNTY reserves the right, but not the obligation, to review and reject ap
insurer providing coverage because of its poor financial condition or failure to operate legally.
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Agenda Item No. 1608
March 9, 2010
Page 13 of 36
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L
INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that, in all matters relating to this Agreement, 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 the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (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. DOCUMENT A nON AND RECORD - KEEPING
1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
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All reports, plans, surveys, information, documents, maps, 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 HHS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT
shall keep all documents and records for five (5) years after expiration of this
Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation ofHUD Labor Relations, WBEIMBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
2.
4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C".
5. 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.
C.
PURCHASING
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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-1I0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
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Agenda Item No. 1608
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D. REPORTS. AUDITS. AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
E. . ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, DCA. AND HUD
REQUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the
SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, DCA or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the HHS Department or designee
in order to be eligible for reimbursement.
(a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of$I,OOO or more;
(c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes
Chapter 112.061);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit A, and
(t) All rates of pay and pay increases paid out of DR! funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS, the COUNTY, DCA, HUD, or
the Comptroller General of the United States may deem necessary, there shall be made
available by the SUBRECIPIENT to HHS, the COUNTY, DCA, HUD, or the Comptroller
General for examination all its records with respect to all matters covered by this Agreement.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement and any subcontracts entered into under this
Agreement. This will require the SUBRECIPIENT to submit a single audit, including any
management letter, made in accordance with the general program requirements of OMB
Circulars A-1l0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost
Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(180) days after the end of any fiscal year covered by this agreement in which Federal funds
from all sources are expended. Said audit shall be made by a Certified Public Accountant of the
SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HHS. In the
event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statements, the SUBRECIPIENT shall request an extension in advance of the deadline. Tr
cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT L
exempt from having an audit conducted under A-B3 (Audits of State, Local Govemments, and
Empowerment Alliance of Southwest Plonda
Hatcher's Preserve
Page 10 of23
Agenda Item No. 1608
March 9, 2010
Page 15 of 36
-,~-
Non-Profit Organizations), the COUNTY reserves the right to require submission of audited
financial statements and/or to conduct a "limited scope audit" of the SUBREClPIENT as
defined in A-133. The COUNTY will be responsible for providing technical assistance to the
SUBREClPIENT, as deemed necessary by the COUNTY.
H.
PROGRAM-GENERATED INCOME
All income earned by the SUBREClPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for DR! 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 on hand at or received by the SUBREClPIENT or its
sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no
later than thirty (30) days after such expiration, subject to any SUBREClPIENT requests to
utilize uncommitted funds.
-
I.
GRANT CLOSEOUT PROCEDURES
SUBREClPIENT obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not 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.
IX. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CNIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subj ected to, discrimination under any activity carried out by the performance of this
Agreement. 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 proj ect areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
empowerment Anlance of Southwest F10nda
Hatcher's Preserve
Page 11 of 23
J ~._.".___
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Agenda Item No. 1608
March 9, 2010
Page 16 of 36
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPIENT 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 CDBGareas
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 ftmded through this Agreement
must be very low and 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 through the use of ftmds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project ftmded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EV ALUATION AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of thiF
Agreement, comparisons of planned versus actual progress relating to project schedulin~
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is determined necessary by HHS or the COUNTY. The
SUBRECIPIENT shall, upon the request of HHS, submit information and status reports
required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress and to allow for completion of reports required HHS by HUD. The
SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in cormection 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 SUBRECIPIENT. Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to
HHS 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.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or performing any work i
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractor.
and consultants who will perform hereunder, have not been placed on the convicted vendor list
Empowerment Anlance of Southwest FIonda
Hatcher's Preserve Page 12 of23
Agenda Item No. 1608
March 9. 2010
Page 17 of 36
-
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a).
G.
DRUG-FREE WORKPLACE REOUIREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. 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 subawards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
I. REAL PROPERTY
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 the CDBG Regulations 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.
X. ENVIRONMENTAL CONDITIONS
-
A. AIR AND WATER
Empowerment Anlance of Southwest FIonda
Hatcher's Preserve
Page 13 of23
_ n_. '" _'_"~_'_
'-,..._---_.--
Agenda Item No. 1608
March 9, 2010
Page 18 of 36
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
1. Clean Air Act, 41 U.S.C., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant
to 40 C.F.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), 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 as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). 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
.
msurance.
C. LEAD-BASED PAINT
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 Regulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants o'
properties constructed prior to 1978 be properly notified that such properties may include lead
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
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 Historical Properties, insofar as they apply to the performance of the Contract. In general,
concurrence from the State Historic Preservation Officer is required 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.
XI. 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.
Empowerment All1ance of Southwest Flonda
Hatcher's Preserve
Page 14 of23
Agenda Item No. 1608
March 9, 2010
Page 19 of 36
- XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable personal property that was purchased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8). .
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. ATTACHMENT A
The SUBRECIPlENT shall agree to abide by the program guidelines as excerpted from the federally
funded 2005 Disaster Recovery Subgrantee Agreement executed by the State of Florida Department of
Community Affairs and Collier County, which are herein incorporated as "Attachment A".
-XV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-three (23) enumerated pages, which include the exhibits and
attachment 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.
-
Bmpowerment Alliance of Southwest Flonda
Hatcher's Preserve
Page 15 of23
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_.-._-
Agenda Item No. 1608
March 9, 2010
Page 20 of 36
XV. 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, wal1'anties, covenants, or undertakings other than those expressly set forth herein.
WITNESS THEREOF, the parties hereto have caused this 23 page agreement to be executed by their
undersigned officials as duly authorized effective the 23rd day of May, 2007.
(SUBRECIPIENT SEAL)
THE EMPOWERMENT ALLIANCE OF SW
FLORIDA COMMUNITY DEVEL PMENT
CO P I
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,
IRMAN
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BOARD OF COUNTY COMMISSIONERS
OF COLLI R COU ;ry, FLORIDA
BY
JA ES COLETTA, CHAIRMAN
Appro
legal
Jeffrey
Managin
tzkow
istant County Attorney
Empowerment Al1iance of Southwest Florida
Hatcher's Preserve
Page 16 of23
Agenda Item No. 1608
March 9, 2010
Page 21 of 36
EXHIBIT "A"
-
SCOPE OF SERVICES
Empowerment Alliance of Southwest Florida
Hatcher's Preserve
.
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
The Empowerment Alliance of Southwest Florida (EASF) proposes to construct approximately fifteen
(15) single family homes on a 5 acre tract of vacant land in Immokalee for legal, low income first
time homebuyers to be known as Hatcher's Preserve.
B. PROJECT SCOPE:
Funding in the amount of Three Hundred Seventy-four Thousand Five Hundred Forty-five dollars
($374,545) has been awarded for the purpose of providing infrastructure to support the construction of
housing units. Final completion date for funded activity shall be no later then April 30, 2009.
The Subrecipient will be responsible for the following:
NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construction work. The final number of units to be
constructed must be reported to the HHS staff as soon as the determination is made if it differs from
the proposed 15 units.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in
sealed bid marmer that would allow the receipt of itemized costs from bidders, which would then
allow the award of items that can be funded by the budget. The SUBRECIPIENT shall require a bid
bond, 100% payment bond and 100% performance bond for any contract that exceeds $100,000.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall
obtain HHS' s approval prior to awarding the construction contract to be funded through this
agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not
federally debarred. After awarding such contract the SUBRECIPIENT shall submit bid minutes to
HHS. HHS's approval is required prior to executing any change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
reimbursement for materials and equipment that have been installed.
ADDITIONAL Responsibilities are:
,-
The creation and maintenance of income eligible files on clients served and documentation that all
households are eligible under HUD Income Guidelines. Submission of documentation of Match Funds
listed under Budget in Section B prior to submittal of first Request for Payment form.
'Empowerment Alliance of Southwest Flonda
Hatcher's Preserve
Page 17 of23
.
-'.'--.-,--- ,. -- '"
'MO .
Agenda Item No. 1608
March 9, 2010
Page 22 of 36
Posting of visible signage at the work site identifying the funding source( s) as mentioned in section VII
part F.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
C.
BUDGET: Hatchers Preserve
Line Item:
Land Acquisition
Site Work
Infrastructure
Landscaping, potable water distribution,
Storm drainage, wastewater collection,
Paving, earthwork, site prep
Administrative/project costs
covered under CFR 570 Subpart
C and J.
Subtotal Infrastructure
Construction
Architectural design/Engineering
Other
TOTAL PROJECT COSTS
DR! Funds
Other
$ 272,000
$ 374,000
$ 59,001
$337,545
$37,000
$374,545
$ 59,001
$ 2,145,000
$ 75,000
$ 300,055
$3,599,601
$
$
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-I 10 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds.
F. FORMER PROJECTS: Failure to adequately maintain any former CDBGIHOME/SHIP funded
project may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBGIHOME/SHIPIDR! funds.
G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Task
Work com letion
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is paid with DR! funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C". The progress reports shall be used as an additional basis for HHS approval of
invoices, etc. for payment.
After funding is expended, the monthly reporting requirements will be changed. The SUBRECIPIENT
shall submit semi-annual reports until the units are constructed and occupied.
Empowerment All1ance of Southwest F10nda
Hatcher's Preserve Page 18 of23
Agenda Item No. 1608
March 9, 2010
Page 23 of 36
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I. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
J. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports. Payments shall be made as work progresses, but
not more frequently than once per month. Adherence to the work schedule will be required, unless
modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in
compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
.-_.
Empowerment Alliance of Southwest Florida
Hatcher's Preserve
Page 19 of23
,.--. .--..-"".." - -- ..----
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Agenda Item No. 1608
March 9, 2010
Page 24 of 36
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
Disaster Recovery Initiative
Subrecipient Name: Empowerment Alliance of Southwest Florida (EASF)
Subrecipient Address: 750 South Fifth Street, Immokalee, FL 34142
Project Name: Hatcher's Preserve
Project No: DR! 05-02
Payment Request #
Dollar Amount Requested: $
STATUS OF FUNDS
I. Grant Amount Awarded
$ 374,545.00
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 To day's Request
$
6. Current Grant Balance ([nitial Grant Amount Awarded
Less Sum of all requests) $
! certify this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. l also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
Empowerment Aniance of Southwest Florida
Hatcher's Preserve
Page 20 of 23
Agenda Item No. 1608
March 9, 2010
Page 25 of 36
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EXHIBIT "c"
DRI MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's staff by the 1 rI" of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Project Number DR! 05-02
Activity Number
Subrecipient:
Contact Person
Telephone: (239)
Fax: (239)
E-mail:
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
~.~.
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
.-
'Empowerment Alliance of Southwest Florida
Hatcher's Preserve
Page 21 of23
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Agenda Item No. 1608
March 9, 2010
Page 26 of 36
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract F ederallD (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:
TOT AL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number o/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 (MFl). Enter this number in box "3."
Of these households or persons assisted,
Income (MFI). Enter this number in box "4."
are low-income (51-80%) of the current Median Family
NOTE: The total of boxes 2, 3 and 4 should equal the number if! box t.
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below.
Female Head of Households REGARDLESS of income. Enter this number
BOX I BOX2 BOX] BOX4 BOX 5
Total Number of Extremely Very low Income Female Head of
Hou~eholds or Persons Low Income Low Income (51.30%) Household
Assisted
(0-30%) (JI~50%)
; I
, ,
. . ,
I , i
,
Empowerment A[liance of Southwest Florida
Hatcher's Preserve
Page 22 of 23
Agenda Item No. 1608
March 9, 2010
Page 27 of 36
(' Sub recipients must indicate total beneficiaries for Race AND Ethnicitv:
Definitions of Race:
I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
2. Slack 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:
I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
~
;
Tabulation Table of Race and Ethnicity Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Slack! African American
Other Multi-Racial
TOT AL:
(--
Empowetment Alliance of Southwest Flonda
Hatcher's Preserve
Page 23 of 23
A~'m<We
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Pa
EXHIBIT A-I C_ AtneIJch.".,,, CorSabtecipieot Ago__
FlorIda AdminIs1ntive C0d09BER06-1 Cl'DA 1114.m
&lBmlul\..w~ A11i~~..oe ofSoathMst PIorida. ft.
This 1lIIIOIldmoat, datod I 2008 to tho rcfcroaocd llpl1lC'lt sha1l be by lIIId
botwtlon tho JlII1iea 10 the Aare '_'I.l!mj...~..""""'ADi."",, ofSootltnst f1orida, (to be
rc!i,..<>J to as Sub-Reclpilllll) and Co1Iler Couaty. ~ (10 be referred 111 IS "Ownet").
Sta~lnt"'~
RE: CMIrIIctPlorldaAdmDlillNtlv<t Code 9BBRD6-1 CPDA 1114.228 "llmpawermCllllAllillllGo of!loalbwoal
Florida. Halcher's Pt.."'-,
In order to COIIlInue tho _ ptovtdecllbr In 11IO orlpIaI COIItracl doc..._.t re_ abcwe, the SlIb-Reclpient
....... to ameod the """0 "'~ Conlnlclu folio...:
ConIr1lcl Budcet Brd.ID., The A1k>corioo offimds 01\ poco 13 of23 oftb. contract wlIJ be reviled os follows:
Ill.!OOEI: Bmpowormont AUion... Hotober'.
DRIFUIlds
Inftllltructure:
Landscaping. polBblo wator distribution,
Stonn dniinago, wUleWlller coIlocriOll.
PAving. oarthwork. silo prep
Administrstivefprojocl costs.
$374,545
Total Project COlli
$374,545
All oI1ler lcrms and coaditiolls of tho I&l"""'.nt shaU I'III11llin in foroe.
IN Wl'lNBSS WHEREOF, tho Sub-Recipient ODd tho Ow... haw escb, n:opecti..ly. by an .uthorized person or
sgent, bereuudor set thoir bandJ Olld seals on tbo dato(s) indi.- below.
AccepIed: 0,..,( 1'1
OWNER:
BOARD OF COUNTY OOMMISSIONBRS
COLLIBR COUNTY. FLORIDA
.200g
Sub-Rceipient
F.mpoWomlOllt A
Witness
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Agenda Item No. 1608
March 9. 2010
Page 29 of 36
-
EXHIBIT A-I Contract Amendment for Subrecipient Agreement
Florida Administrative Code 9BER06-1 CFDA# 14.228
"Empowennent Alliance of Southwest Florida."
This amendment, dated "5~ Zq , 2009 to the refCl~llced agreement shall be
by and between the panies to llie riginal Agreement, Empowerment Alliance of Southwest Florida (to be
referred to as Subrecipient) and Collier County, a political subdivision of the state of Florida, (to be
referred to as "County''). .
Statement of Understanding
RE: Contract Florida Administrative Code 9BER06-1 CFDA #14.228 "Empowennent AJliance of
Southwest Florida".
In order to continue the services provided for in the original A", ~lent document refeJ ehced above, the
Subrecipient agrees to amend the above referenced Agreement as follows:
Note: Words ~ have been deleted. Words underl.ined have been added.
III. :JlME OF PERFORMANCE: On page 2 of23 amend as follows
.-.
The effective date of this Agr~"Jent and all rights and duties designated hereunder are contingent upon the
timely release of funds for this project by DCA under Agreement No. OIDB-3V-09-21-01-Z01. 'l'lle
. . . . The effective date shJ!J1 be Mllv 23.
2007 and the services of the SUBRECIPIENT sha1l be undertaken and completed in light of the purposes of
this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT
prior to ~ October 31.2009. Any funds not obligated by the expiration date of this Agreement
shall automatically revert to the COUNTY, as set forth in Part VIII f (e), and Part VIII H below.
B. PROJECT SCOPE: On page 17 of22 amend as follows
final completion date for funded activity shall be no later
than October 31. 2009.
G. WORK SCHEDULE: On page 18 of23 amend as follows
Task
Work completion
~
~ October 31. 2009
PkQBC "tHe thQ/ if lBfY ofHta66 ll8IWiliea 8JtOO&llhe timcli1tes by two "'81'lths i.iI .-wised wem sehedflw P1Ivst
be 8,,""'iNed 16 HHS.
NOTE: Work schedules are in effect f\!!J1!Qgram IIlQI!itnring reID!irm!enls OI!lv iltld as such are used by
HOUSING AND HUMAN SERVICES as..genera1 target g;oll!ul!tIwr th!!l1 strict pgfonnance requirements.
,
.
,
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Agenda Item No. 1608
March 9, 2010
Page 30 of 36
EXIllBIT A-I Contract Amendment for Subrecipient Agreement
Florida Administrative Code 9BER06-1 CFDA# 14.228
"Empowerment Alllimce of Southwest Florida"
Page 2 of2
IN WITNESS WHEREOF, the Subrecipient and lite Cmmly have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
All other terms and conditions of the agreement shall remain in force.
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OUNTY COMMISSIONERS
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Type/print witness name
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TypelPrint itness n~me
Approved as to form and
Legal sufficiency:
(l~m~
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Colleen M.. Greene
Assistant County Attorney
Agenda Item No. 1608
March 9, 2010
Page 31 of 36
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Prepared by and return to:
Collier County
Housing and Human Services
3301 E. Tamiami Trail
Naples, Florida 34112
DECLARATION OF DEED RESTRICTION
The Empowerment Alliance of Southwest Florida Community Development Corporation
("GRANTEE"), a private not-far-profit corporation, existing under the laws of the State of Florida, and
having its principle office at 750 South Fifth Street, Immokalee, Florida, 34142, hereby files the
following Deed Restriction for the following PROPERTY in Collier County, Florida. The PROPERTY
is more specifically identified below.
Project Name: HATCHER'S PRESERVE
Legal Description: See Exhibit "A"
-- Location: Immokalee, FL, an unincorporated area within Collier County, FL
Folio Number:
00070520002
Specific legal description for PROPERTY is attached hereto as copies of actual deeds confirming the
GRANTEE'S ownership, recorded in Official Records Book 4124 Page 1274 of the public records of
Collier County, Florida, and depicted as Exhibit "A".
In conformance with the GRANTEE'S Community Development Block Grant Disaster Recovery
Initiative award for the PROPERTY identified herein to provide infrastructure for fifteen (15) single
family dwelling units, the following Deed Restrictions are implemented and shall run with the
PROPERTY and be incorporated with any subsequent transfers of said PROPERTY.
1. In consideration of GRANTEE'S Community Development Block Grant Disaster Recovery
Initiative award in the amount of Three Hundred Seventy Four Thousand Five Hundred Forty
Five and 00/1 00 Dollars ($374.545.00), as provided in the AGREEMENT BETWEEN
COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA
HATCHER'S PRESERVE effective May 23,2007, executed by the Collier County Board of
Page 1 of 5
w "._.~U_
..___4..__..........
Agenda Item No. 1608
March 9, 2010
Page 32 of 36
County Commissioners on November 13, 2007, agenda item #16D33, GRANTEE covenants and
a~,'rees to restrict use of PROPERTY to activities contained in the funding application and said
AGREEMENT.
2. The term of said Deed Restrictions is twenty (20) years commencing with the expiration date of
AGREEMENT (as may be amended from time to time) and provides that: .
a. At least fifty-one percent (51 %) of the beneficiaries of PROJECT funded through said
AGREEMENT must be very- low or low- income persons, as defined by United States
Department of Housing and Urban Development. If the PROJECT is located in an
entitlement city, as defined by the United States Department of Housing and Urban
Development, or serves beneficiaries Countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of Community Development Block Grant
Disaster Recovery Initiative funding under AGREEMENT must reside in unincorporated
Collier County or in municipalities participating in Collier County's Urban County
Qualification Program. The PROJECT funded under AGREEMENT shall assist
beneficiaries as defined above for the time period designated in Exhibit "A" of said
AGREEMENT. The GRANTEE shall provide written verification of compliance to
COLLIER COUNTY upon COLLIER COUNTY'S request.
b. GRANTEE may not change or alter the use or planned use, or discontinue use, of the
PROPERTY (including the beneficiaries of such use) from that which the acquisition or
improvements were made, unless the GRANTEE provides affected citizens with
reasonable notice of, and opportunity to commcnt on, any such proposed change and
either:
i. The new use of the PROPERTY, in the opinion of COLLIER COUNTY, qualifies
as meeting one of the national objectives, defined in the regulations governing the
Community Development Block Grant program, and is not a building for the
general conduct of government; or
ii. The requirements ofparal,'Taph 2(c) of this section are met.
c. If GRANTEE determines, after consultation with affected citizens, that it is appropriate
to change the use of the PROPERTY to one which does not qualify under paragraph
2(b )(i) of this section or discontinue use of PROPERTY, it may retain or dispose of the
PROPERTY for such use if COLLIER COUNTY is reimbursed the then current fair
Page 2 of 5
Agenda Item No. 1608
March 9, 2010
Page 33 of 36
-'.
market value of PROPERTY, less any portion thereof attributable to expenditures of non-
Community Development Block Grant funds for acquisition of, or improvements to, the
PROPERTY. The final determination of amount of such reimbursement under this
paragraph will be made by COLLIER COUNTY.
d. Following the reimbursement of Community Development Block Grant Disaster
Recovery Initiative funds by the GRANTEE to COLLIER COUNTY pursuant to
paragraph 2(c), the PROPERTY will no longer be subject to the Deed Restrictions named
in this document. COLLIER COUNTY will record a release of lien in the public records
of Collier County, Florida.
e. In the event of any proposed sale, conveyance or transfer of the PROPERTY, the
GRANTEE must obtain prior written approval from COLLIER COUNTY, through the
Department of Housing and Human Services. Any approved sale or conveyance of the
PROPERTY by the GRANTEE will be contingent upon the receipt of payment as
outlined in paragraph 2( c), or the receipt of a commitment, executed by a subsequent
owner acceptable to COLLIER COUNTY, acknowledging its acquiescence to this
Declaration of Deed Restriction.
3. The GRANTEE agrees to notify COLLIER COUNTY in writing through the Department of
Housing and Human Services of any liens, judgments or pending foreclosure on PROPERTY
within five (5) working days of receipt of said notice by GRANTEE.
4. GRANTEE shall submit to COLLIER COUNTY HOUSING AND HUMAN SERVICES once
each year a report detailing compliance with the terms of the governing AGREEMENT and this
Declaration of Deed Restriction.
5. GRANTEE relinquishes all rights to alter, amend, modify or release the covenants set forth in
this Declaration of Deed Restriction prior to completion of the twenty (20) year period described
herein.
--
The Declaration of Deed Restriction may only be terminated if released by COLLIER COUNTY, acting
through the Board of County Commissioners. A partial release of lien will be issued upon notification
of the site address of each dwelling unit transferred to an income qualified household, as defined under
paragraph 2(a) .
Page 3 of5
Agenda Item No. 1608
March 9, 2010
Page 34 of 36
IN WITNESS WHEREOF, the Parties have executed this Declaration of Deed Restrictions on the
9th day of March, 20 I O.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
, Deputy Clerk
By: 03/09/2010
FRED W. COYLE, CHAIRMAN
By:
Approved as to form
d legal sufficiency:
Recommend Approval"
,~
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Colleen Greene
Assistant County Attorncy
cy Krumbin ,
Director
Collier County Housing and Human Services
WITNESSES
THE EMPOWERMENT ALLIANCE OF
SOUTHWEST FLORIDA COMMUNITY
DEVELOPMENT CORPORTATION:
Witnesscs:
Print Name
EDWARD R. OLESKY, CHAIRMAN
Witnesses:
Print Namc
ST ATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Declaration of Deed Restriction was acknowledged before me this day of
, 2010, by Edward R. Olesky, who is personally known to me or has produced
as proof of identity.
[NOTARIAL SEAL]
Signature of Person Taking Acknowledgmcnt
Page 4 of5
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Agenda Item No. 1608
March 9, 2010
Page 35 of 36
EXHIBIT "A"
LEGAL DESCRIPTION:
The SOUTH Y, OF THE SOUTHWEST II. OF THE SOUTHEAST \4 OF THE SOUTHEAST \4 OF
SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA.
Page 5 of5
.__ ....._ _" _".'~'__.~_~_.__,,___._,m_
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Agenda Item No. 1608
March 9, 2010
Page 36 of 36
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16DB
Recommendation to approve and authorize the Chairman to sign a Declaration of Deed
Restriction between Collier County and the Empowerment Alliance of Southwest Florida
Community Development Corporation for a project known as Hatchers Preserve in
Immokalee, Florida.
3/9/20109:00.00 AM
Item Number:
Item Summary:
Preps red By
Frank Ramsey
Manager - Housing Development
Date
Public Services Division
Human Services
2/22/20102:16:00 PM
Approved By
Marcy Krumbine
Director ~ Housing & Human Services
Date
Public Services Division
Human Services
2/23/2010 1: 12 PM
Approved By
Colleen Greene
Assistant County Attorney
Date
County Attorney
County Attorney
2/23/20101:16 PM
Approved By
Marlene J. Foord
Grant Development & Mgmt Coordinator
Date
Administrative Services
Division
Administrative Services Division
2/24/201012:23 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
2/24/20101 :42 PM
Approved By
Marla Ramsey
Administrator - Public SelVices
Date
PubliC SelVices Division
Public Services Division
2/26/2010 8 :21 AM
Approved By
Jeff Klatzkow
County Attorney
Date
2/26/20103:00 PM
Approved By
Leo E. Ochs. Jr.
County Manager
Date
County Managers Office
County Managers Office
3/1/20106:28 PM
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