Agenda 07/27/2010 Item #16D10Agenda Item No. 16D10
July 27, 2010
Page 1 of 33
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a subrecipient agreement in
the amount of $113,123 using 2009 -2010 Department of Housing and Urban Development
(HUD) set -aside grant funds, which have been designated for a Community Housing
Development Organization (CHDO). Florida Non -Profit Housing, Inc. (FNPH) is the CHDO
which will receive the grant funds, and will use them for the acquisition and rehabilitation of
one property to be used for affordable housing within Collier County.
OBJECTIVE: To provide a $113,123 HUD grant to FNPH for the acquisition and rehabilitation of
one property to be used as affordable housing with Collier County.
CONSIDERATIONS: Housing, Human and Veteran Services (HHVS) proposes to provide
$113,123 from HUD Home Partnership Initiative funds for a grant to FNPH.
This project will consist of acquisition and rehabilitation of one home in Collier County, FL. This
HUD funding will be utilized for providing housing to low and very -low income households
meeting HUD Income Guidelines.
On April 28, 2009 the Board of County Commissioners adopted Resolution No. 2009 -116
approving the submission of the One -Year Action Plan for FY 2009 — 2010 to HUD. This Action
Plan provided a summary of the projects to be funded with 2009 -2010 HUD entitlement funds. The
project included in this agreement was approved as part of the FY 2009 -2010 Action Plan.
During Fiscal Year 2009 -2010, no CHDO set -aside funds were awarded as no CHDO applications
for Set -aside funds were received. CHDO set -aside funds can only be used by certified CHDO
agencies for specific housing related activities.
FISCAL IMPACT: Approval of this agreement will provide a HUD grant in the amount of
$113,123 to Florida Non -Profit Housing, Inc. for acquisition and rehabilitation of one property to be
used for affordable housing within Collier County. No general funds are being utilized in this HUD
project.
GROWTH MANAGEMENT IMPACT: This grant will benefit low income residents of Collier
County which is consistent with the goals and objectives of the Housing Element of the County's
Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient -JBW.
RECOMMENDATION: To approve and authorize the Chairman to sign a subrecipient agreement
providing for an $113,123 grant to Florida Non -Profit Housing, Inc. using HUD funds.
Prepared by: Sandra Marrero, Grants Coordinator
Housing, Human and Veteran Services
Agenda Item No. 16D10
July 27, 2010
Page 2 of 33
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D10
Item Summary:
Recommendation to approve and authorize the Chairman to sign a subrecipient agreement in the
amount of 6113,123 using 2009 -2010 Department of Housing and Urban Development (HUD) set -
aside grant funds. which have been designated for a Community Housing Development
Organization (CHDO). Florida Non -Profit Housing, Inc (FNPH) is the CHDO which will receive the
grant funds, and will use them for the acquisition and rehabilitation of affordable homes within
Collier County.
Meeting Date:
7/27/2010 9:00:00 AM
Approved By
Marcy Krumbine
Director - Housing & Human Services Date
Public Services Division
Human Services 7/9/20101:42 PM
Approved By
Marlene J. Foord
Grant Development & Mgmt Coordinator Date
Administrative Services
Division
Administrative Services Division 7!912010 3:51 PM
Approved By
Kathy Carpenter
Executive Secretary Date
.__. Public Services
Public Services Admin. 7/912010 4:19 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget 7/15/2010 10:20 AM
Approved By
Jeff Klatzkow
County Attorney Date
7115/2010 1:58 PM
Approved By
Sherry Pryor
Management/ Budget Analyst, Senior Date
Office of Management &
Budget
Office of Management & Budget 7/15/2010 2:57 PM
Approved By
Jennifer White
Assistant County Attorney Date
County Attorney
County Attorney 7/21/2010 3:38 PM
Approved By
Marla Ramsey
Administrator - Public Services Date
Public Services Division
Public Services Division 7121/2010 3:41 PM
Approved By
Leo E. Ochs, Jr.
County Manager Date
County Managers Office
County Managers Office 7/21/2010 4:04 PM
�y "rnr: ABnC�a14rF�,,No. 16D10
July 27, 2010
Il�illl, A. Settlement Statement (HUD -1) Page 3of33
Iflll�ll ,,�
o -iCIo �osolete _ . Hurl
ll >:r
_ _sb -rlru
r, ur.
aspor r 1a oll( , r 4 e ewi -q and
rep,r, g IhF l� p, 7 1 _r rr -a. l ,l z
r r ms .I:f,
end 'L .I
- rr,y1,
- t "-rl rr 11 - Lr,, un s t J ,loy, n
nnFrrtl /valia.d 0.., to ru IJOropl1
ys.
C Net,:l•,.. ,rr f I Ll e
I i
,. a.r _ 3 1 r 1 : - I'll :]_-
'I PA rove antic, n ,)-mali
hn.,. nit J r
=r
r �. +.. nA•A ¢ f -� .u_
I l., e
�JOi � � n Id, -s,, 1 r �r
I
-t na
r
100. Gross Amount Due from Bor.
_
400. Gross Amount Due to Seller
101. r.UmrdC SdBS IInLf
4(i r. [Un1i0Ct 5diE59'iCO I
erSJnb rLPPr[y
I
50 CropGrtV
_ _
�''O3
11e3.
04
4N
O5
90
Adjustment for items paid by seller m advance
__._.
Adl t t f items paid by Belle ad..ance
lb. CI /towr taxes o
4Cc Ci,ioi, :al xes to
l' Co nr. tar =s :o
IT
n:
ID
L -
409
120 Gross Amount Due from Borrower
420. Gross Amount Due to Seller
200. Amounts Paid by or in Behan of Borrower
500. Reductions In Amount Due to Seller
cI '':
r J z a (�
; la _
k imti t J
rw
@F
IJ
O
Y
Ad1 t lz for'f<ms unpa d by seller
I Adjustments for ;tvms unpaid by seller
�11 I' s _ _
are_ 1_•
i 4
I "r
______
220. Toual Paid by /for Borrower
520. Tmal Reduction Amount Due Seller
300. Cash at Settlement from /to Borrower _
600. Cash at Settlement to /from Seller
f U s h e 21
_
3031 C sh F 8 rawer
403. Cash To From Seller
1,
o -iCIo �osolete _ . Hurl
ll >:r
_ _sb -rlru
r, ur.
aspor r 1a oll( , r 4 e ewi -q and
rep,r, g IhF l� p, 7 1 _r rr -a. l ,l z
r r ms .I:f,
end 'L .I
- rr,y1,
- t "-rl rr 11 - Lr,, un s t J ,loy, n
nnFrrtl /valia.d 0.., to ru IJOropl1
ys.
_- a'IS•u.
.rr -.rd.
cr llssc Iyn. =ctc,n u:lda _e .1.: Sto
'I PA rove antic, n ,)-mali
1 dt r.l lF,e
=r
o -iCIo �osolete _ . Hurl
o. 16D10
27, 2010
700. ToLI Real Estate Broker Fees ""
—. — rardFco I ` PaidF a' e 4 of 33
YAOD:'± ofalSeWammtTdwrgesieaermn7ines 'J�1.�(ianJarN302:�SeWon3p '
2 r s -Cm sdeoitsolele =r ce'f3 -.. _ HUD -1
Division of commission(Ine 700 as follows -
` Borniwer$'}'� L$eilerSt,"
_._._ _ -_ -_ _ _
701 $ to :
Funds aY fun8sat a
co
--
s
— —
733 Gommms on padat settement
704.
800. hems Payable in ConneRion with Loan
801 Ou_origination
--- - n--- $
---- ---tl1) _ _
802 You, edit or c4 a-ge(pomtsj'oI lhic1flc iterest ratechosen$ (6om GFF a2)
83 Your adjusted origination �hsrges (f., GFEA)
_- - --
-- - -� 0 rn GFE
94 Apprawal fee to
BOB Eledireti from
- _ _ _._ --
_ - -_ (bum GFE p3)
866 Tax serm e to
— _— —_
87 Rood ce of -anon po GFE =3) 1
900. hems Required by Lander to Be Paid In Advance
9r`.t Dally charpes(om to ®$ /day (6om GPE 410)
_.
902. Mortgage insurance premium for months to (from GFE #3) 1-
_-.
F3 Homeowners insurance iIr yea sto IimmGFEU11)
1000. Reserves Deported with Landed
001. Initial depos t for your esciov i ccount it., GIL u?)
1G,2 F.meovuri,serrsumroo m,nth, �T,$ per month $
-_ --._
1003. Mortgage Insurance -,"h, -1 $ per me nth $
' 0J4 Prnpelty a es m nh u'$ per m.,nth $
110 15 nth_GD$ oe� onth $
1105 n i nh 3$ per nonth $ -
—
_-
- ---- -_ - -_�
-_
1100. T'tle Charges —.
11101. 1 rtle services and lender s tit e nsurance Ifom GFE a4)
_
11,22, S 1lIen1P 1l IOS rPe $ -
11 O ner tire insxan-e (froon CrEeS)
11,4. Lender ,ter ns,ua. -
11, 5 Leiters title poly m9$ 1
11 25 3,nsrs tie polity hmll$ -- -
110 yenYs porto - of�he utal nrilL n,wmcec emmm $
P Undery tr port,r c -'ir ma title cu,1,2 pre ^ur.
1200. Government Rewrding and Transfer Charges
11201. Govemmem record " -9 chargss ift,GFE B7)
--___ _ -_
".d
_,rc
T a es �'mm IF «el_
- _
174 11 /r�-0 Ly tdarshe mps D=ed$ Mr'OOgO$
2,15 f,tIV "l, s cd$ Mi
1300. Addtional5eulemeM -
1301. ReouireHSPM�sthat You can= hop4or Jr,, nFE =6) 1,
1302
1K3 g
1,
1305.
YAOD:'± ofalSeWammtTdwrgesieaermn7ines 'J�1.�(ianJarN302:�SeWon3p '
2 r s -Cm sdeoitsolele =r ce'f3 -.. _ HUD -1
Agenda Item No. 16D10
Hursv, u 27, 2010
e5of33
Companion of Good faith EstimNe (GFE) and HUD-1 Charges
Good Faith Estimate I
Changes That Cennat lnaeae HU0.1 Une Number
_.___
Our original on charge
# 801
- - -..
_
Vour credl[or char e(points)for the =pecTclvterest rate -hesen
# B02
Il
-
Vour adjusted origination chargcs b 803
.. -.. __ -..
-
Transfer tares
01203. -.�
Charges That in Total Cannot Increase More Then 70%
Good Faith Estimate
HUD4
Gmwmmert record ng charges
RON#
$ or
Charges That Can Change
_.
Good Faith Estimate
HU0.1
In tal deposit for your escrow a rount
t .,) �
Daly rierest chases
x901 say
Homeovmeis na,rar e
0 903
-
- - -- -
N
a i
Loan Terms
Your initial loan amount is
Your ban term a
Your initial interest rate is
Your initial monthly amount owed for principal, merest, and
and any mortgage insurance is
Can your interest rate nse?
i
Even ifyou make payments on time, can your loan balance rise?
Even if you make payments on time, can your monthly
amount owed for principal, interest and mo¢gage insuarce nse7
Does your loan have a prepayment p=nalty?
Does your loan have a balloon payment?
Total monthly amount awed indvoing escrow account payments
Note .
3
ryes
_ Idorteeq= ^5 'an�e
No.. t s uslt r =asimcma i Thefsl -ro j, be
_. r ^o esn:h 1 aln e�ey alter
P �h1a o'i� .an. sow 'mtr :r s gr,eras. itn �everbe
lower -an , or higher ram
No. rnse:La�animum o =$
lo. tt v. s. ._.or and of it o „m;.n'
N, .. n rt aymen ally s $
'r, _ o rapmeot of$ du ^_ In
aac �n
pay ts' _ „s c a ,r -aery
y1saov, e�td$
✓ev' i tua'. tan - ,'I tr ^ro. oit -hirdu ies
_ n c C It 'e-*s "'C'tdb,
y - c F znce
Agenda Item No. 16D10
July 27, 2010
Page 6 of 33
AGREEMENT BETWEEN COLLIER COUNTY
AND
FLORIDA NON - PROFIT HOUSING, INC.
(FNPH DEVELOPER/SPONSORIOWNER)
CHDO SET -ASIDE FUNDS
Catalog of Federal Domestic Assistance # 14.239
HUD Grant # M- 09 -UC -12 -0217
THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the
State of Florida, ( "COUNTY') and "Florida Non - Profit Housing, Inc.," a private not - for - profit corporation
existing under the laws of the State of Florida, having its principal office at 900 Broad Ave S; #2C, Naples, FL
34102, and its Federal Tax Identification number as 205005877, ( "DEVELOPER/SPONSOR/O)VNER ").
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 DEVELOPER/SPONSOR/OWNER has been certified with the COUNTY as a
Community Housing Development Organization (CHDO), and has submitted an application for use of CHDO
funds for a CHDO - eligible project under HOME regulations; 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 on April
28, 2009 - Agenda Item 16D3; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal
Fiscal Year 2009 -2010 for the HOME Program and the use of the HOME funds for the activities identified in
the Plan; and
WHEREAS, the COUNTY and the DEVELOPER/SPONSOR/OWNER desire to provide the
activities specified in this Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPEWSPONSOR/OWNER 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,
including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto
understand and agree as follows:
I. DEFINITIONS
(1.) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2.) "HOME" is hereby defined as the HOME Investment Partnerships Program as described in 24
CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839.
(3.) "HHVS" means Housing, Human and Veteran Services of Collier County.
FNPH
2009-2010
HOME
CHDO -SEP ASIDE Page 1 of 28
Agenda Item No. 16D10
July 27, 2010
Page 7 of 33
(4.) "DEVELOPER/SPONSOR/OWNER" means FLORIDA NON - PROFIT HOUSING INC
FNPH .
(5.) "HHVS APPROVAL" means the written approval of the Housing, Human and Veteran
Services Department of Collier County 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.) "AGENCY" means Housing, Human and Veteran Services of Collier County, 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.
(10.) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the
DEVELOPER/SPONSOR/OWNER 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 II, Scope of Services, hereof.
(11.) "WORK" - is hereby defined as all the professional and technical services to be rendered or
provided by the DEVELOPER/SPONSOR/OWNER as described here.
(12.) CHDO — means a Community Housing Development Organization (CHDO).
CHDO PROVISIONS:
It is understood that the DEVELOPER/SPONSOR/OWNER has certified that it is and will maintain CHDC
(Community Housing Development Organization) status for the term of the PROJECT /AGREEMENT in
accordance with 24 CFR 92. DEVELOPER/SPONSOR/OWNER agrees to provide information as may be
requested by the AGENCY to document its continued compliance, including but not limited to an annual
board roster and certification of continued compliance.
Any funds advanced as CHDO pre - development funds must be in compliance with 24 CFR 92.301, and may
only be waived, in whole or in part, as provided in 24 CFR 92.301.
Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24
CFR 92.208.
Any funds that the CHDO is permitted to retain as CHDO proceeds from this project shall be used in
compliance with 24 CFR 92.300(a)(2) or as specified in this Agreement.
II. SCOPE OF SERVICES
The DEVELOPER/SPONSOR/OWNER 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.
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
Page 2 of 28
Agenda Item No. 16D10
July 27, 2010
Page 8 of 33
III. TIME OF PERFORMANCE
The effective date of this Agreement shall be July 1, 2010, and the services of the
DEVELOPER/SPONSOR/OWNER 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/OWNER prior to .tune 15, 2011. Any funds not obligated by the expiration date of
this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII (F)(5), and Part VIII H
below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER/SPONSOR/OWNER shall be reimbursed by the COUNTY using federal funds for
allowable costs, determined by COUNTY, in an amount not to exceed ONE HUNDRED THIRTEEN
THOUSAND ONE HUNDRED TWENTY THREE DOLLARS ( $113,123.00) for the services described in
Exhibit "A" the maximum project cost.
All improvements specified in Exhibit "A" shall be performed by licensing stipulations?
DEVELOPER/SPONSOR/OWNER employees, or, if required, shall be put out to competitive bidding under a
procedure acceptable to the COUNTY and federal requirements. The DEVELOPER/SPONSOR/OWNER
shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract
administration shall be handled by the DEVELOPER/SPONSOR/OWNER and monitored by the COUNTY,
which shall have access to all records and documents related to the project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office,
presently located at 3301 E. Tamiami Trail, Bldg H, Suite 211 Naples, Florida 34112, and to the
DEVELOPER/SPONSOR/OWNER when delivered to its office at the address listed on page one (1) of this
Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
The DEVELOPER/SPONSOR/OWNER 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. The Federal, State, and County laws,
ordinances and codes are minimally restrictive regulations supplemented by more restrictive
guidelines set forth by HHVS. No payments will be authorized until approved by HHVS
Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
DEVELOPER/SPONSOR/OWNER 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 the HHVS Department or designee within forty -five (45) days of said official notification.
Page 3 of 28
Agenda Item No. 161D10
July 27, 2010
Page 9 of 33
B. DEBARMENT:
In accordance with 24 CFR part 135, the DEVELOPER/SPONSOR/OWNER certifies that
neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
Department or agency; and, that the DEVELOPER/SPONSOR/OWNER shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction.
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
The DEVELOPER/SPONSOR/OWNER agrees to comply with any applicable laws,
regulations and orders of the State, local and Federal governments, including, but not limited
to:
1. 24 CFR Part 92, HOME Investment Partnership Program - The regulations governing
the disbursement of HOME funds including requirements for CHDO.
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 Civi'
Rights Act, 42 USC § 2000d, et. Seq.
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, ( "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.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC § 2000e, et. seq.
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
11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
Page 4 of-2 8
PH
42010
.E
i ) -SET ASIDE
Agenda Item No. 16D10
July 27, 2010
Page 10 of 33
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, 40 USC 327 -332.
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 of the Rehabilitation Act of 1973, , 29 USC 776(b)(5).
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
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/HOME. (See 42 USC 276a and 24 CFR 135.11(c).
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 -102. This subpart includes 24 CFR
570.502.
26. OMB Circular A -133 - concerning annual audits.
27. OMB Circular A -122 - which identifies cost principles.
Page 5 of 28
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
Agenda Item No. 16D10
July 27, 2010
Page 11 of 33
28. Section 109, Public Law 100 -202 - which restricts the awarding of public work^
contracts to firms from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A -110 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 -102 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
31. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto. Failure by the DEVELOPER/SPONSOR/OWNER 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.
32. Chapter 112,Florida Statutes.
33. Chapter 119, Florida Statutes.
34. Prohibition of Gifts to County Employees- No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311.
35. 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 this 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.
36. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts having jurisdiction in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
37. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of DEVELOPER/SPONSOR/OWNER with full decision - making
authority and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER for approval. Failing resolution, and
prior to the commencement of depositions in any litigation between the parties arising
Page 6 of 28
Agenda Item No. 16D10
July 27, 2010
Page 12 of 33
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/OWNER
with full decision - making authority and by OWNER'S staff person who would make
the presentation of any settlement reached at mediation to OWNER'S board for
approval. Should either party fail to submit to mediation as required hereunder, the
other party may obtain a court order requiring mediation under § 44.102, Fla. Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the DEVELOPER/SPONSOR/OWNER 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/OWNER of any subcontract
hereunder, such subcontracts must be submitted by the DEVELOPER/SPONSOR/OWNER 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/OWNER 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/OWNER or reimbursed by the COUNTY without prior written
approval of the HHVS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards of both parties, except that County representative(s) may
approve adjustments between line item amounts, scope clarifications, or an extension of time
and schedule that do not change the project, or exceed the amount funded by the County, as
stated herein. Any modifications to this Agreement shall be in compliance with the County
Purchasing Policy, Administrative Procedures and state /federal regulations in effect at the time
such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the DEVELOPER/SPONSOR/OWNER shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the DEVELOPER/SPONSOR/OWNER or anyone employed or utilized by the
DEVELOPER/SPONSOR/OWNER in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this paragraph. This
section does not pertain to any incident arising from the sole negligence of Collier County. The
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
Page 7 of 28
Agenda Item No. 16D10
July 27, 2010
Page 13 of 33
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the lim;+q
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/OWNER will include a reference to the
financial support herein provided by HHVS in all publications and publicity. In addition, the
DEVELOPER/SPONSOR/OWNER 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/OWNER will mount a temporary construction sign for projects
funded by HHVS. This design concept is intended to disseminate key information regarding
the development team as well as Equal Housing Opportunity to the general public. The
construction sign shall comply with applicable County codes.
H. TERMINATION
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
In event of termination for any of the reasons identified in sub - sections 1 -3 immediately below,
all finished or unfinished documents, data studies, surveys, drawings, maps, models,
photographs, reports prepared, and capital equipment secured by the
DEVELOPER/SPONSOR/OWNER with funds under this Agreement shall be delivered to
HHVS or the COUNTY. In the event of termination, the DEVELOPER/SPONSOR/OWNER
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/OWNER, and thr
COUNTY may withhold any payment to the DEVELOPER/SPONSOR/OWNER for set -oft
purposes until such time as the exact amount of damages due to the COUNTY from the
DEVELOPER/SPONSOR/OWNER is determined.
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 by providing ten (10) working days written notice to the
other party. if termination occurs, the COUNTY shall pay the
DEVELOPER/SPONSOR/OWNER for services rendered pursuant to this Agreement through
and including the date of receipt of notice. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Page 8 of 28
Agenda Item No. 16D10
July 27, 2010
Page 14 of 33
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
I. INSURANCE
DEVELOPER/SPONSOR/OWNER 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/SPONSOR/OWNER LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve the
DEVELOPER/SPONSOR/OWNER of his liability and obligation under this subsection or
under any subsection of this contract. The contract is contingent upon receipt of the insurance
documents within twenty (20) 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/OWNER shall be
verbally notified of the deficiency and shall have an additional five (5) calendar days to submit
a corrected Certificate to the County.
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/OWNER shall be in default of the terms and conditions of the
contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The DEVELOPER/SPONSOR/OWNER agrees that it will be acting as an independent agent
and that its employees are not Collier County employees and are not subject to the County
provisions of law applicable to County employees relative to employments, hours of work,
rates of compensation, leave, unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The DEVELOPER/SPONSOR/OWNER agrees to comply with OMB Circular A —110
(Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and other Non - Profit Organizations) and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
1. The DEVELOPER/SPONSOR/OWNER shall maintain all records required by the
HOME Federal Regulations for a period of five years (5) years after expiration of this
Agreement.
,NPH
2009 -2010
HOME
CHDO -SET ASIDE Page 9 of 28
Agenda Item No. 16D10
July 27. 2010
Page 15 of 33
2. All reports, plans, surveys, information, documents, maps, and other data procedur
developed, prepared, assembled, or completed by the
DEVELOPER/SPONSOR/OWNER for the purpose of this Agreement shall be made
available to the COUNTY by the DEVELOPER/SPONSOR/OWNER at any time upon
request by the COUNTY or 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/OWNER shall submit reports as required to assist the
COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity
Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92
(3)(vi).
4. DEVELOPER/SPONSOR/OWNER shall submit monthly beneficiary reports to HHVS
using Exhibit "E ".
5. The DEVELOPER/SPONSOR/OWNER 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/OWNER shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
DEVELOPER/SPONSOR/OWNER 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/OWNER
will develop an indirect cost allocation plan for determining the appropriate
DEVELOPER/SPONSOR/OWNER 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/OWNER will be responsible for the creation and
maintenance of income eligible files on clients served and documentation that all
households are eligible under HUD Income Guidelines.
9. The DEVELOPER/SPONSOR/OWNER further agree that HHVS shall be the final
arbiter on the DEVELOPER/SPONSOR/OWNER's compliance with the above.
C. 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 applicable law including but not limited
FNPH
2009.2010
HOME
CHDO -SET ASIDE
Page 10 of 28
Agenda Item No. 16D10
July 27, 2010
Page 16 of 33
to the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part
84, and 24 CFR Part 85, which are incorporated herein by reference.
D. REPORTS AUDITS AND EVALUATIONS
Reimbursement will be contingent on compliance with the terms of this agreement, 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 & VETERAN SERVICES COUNTY AND HUD
REQUIREMENTS
The DEVELOPER/SPONSOR/OWNER agrees to utilize funds available under this Agreement
to supplement rather than supplant funds otherwise available for specified activities.
F. WRITTEN APPROVALS- SUMMARY
(1.) All subcontracts and agreements proposed to be entered into by the
DEVELOPER/SPONSOR/OWNER pursuant to this Agreement;
(2.) All capital equipment expenditures of $1,000 or more;
(3.) All out -of -town travel; (travel shall be reimbursed in accordance with § 112.061, Fla.
Stat., unless otherwise required by HOME);
(4.) All change orders; and
(5.) All requests to utilize uncommitted funds after the expiration of this Agreement for
programs described in Exhibit A, and
(6.) All rates of pay and pay increases paid out of HOME funds, whether for merit or cost of
living.
The term "Approval by the COUNTY" or like term used in this Agreement shall in no way
relieve the DEVELOPER/SPONSOR/OWNER from any duties or responsibilities under the
terms of this Agreement, or obligation State or local law or regulation.
G. AUDITS AND INSPECTIONS
Non - profit organizations that expend $500,000 or more annually in federal awards shall have a
single or program - specific audit conducted for that year in accordance with OMB A -133. Non-
profit organizations expending federal awards of $500,000 or more under only one federal
program may elect to have a program- specific audit performed in accordance with OMB A-
133.
2. Non - profit organizations that expend less than $500,000 annually in federal awards shall be
exempt from an audit conducted in accordance with OMB A -133, although their records must
be available for review (e.g., inspections, evaluations). These agencies are required by HHVS
to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may
choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal
award in accordance with federal laws and regulations governing the program in which they
NPH
2009 -2010
HOME
CHDO -SET ASIDE
Page 11 of 28
Agenda Item No. 16D10
July 27, 2010
Page 17 of 33
participate. Records must be available for review or audit by appropriate officials of federal
and County agencies.
3. When the requirements of OMB A -133 apply, or when the DEVELOPER/SPONSOR/OWNER
elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which
federal awards attributable to this contract have been received by the
DEVELOPER/SPONSOR/OWNER. Each audit shall include a fiscal review, which includes a
validation of all program- generated income and its disposition, especially attributable to
HOME funds, an internal control review, and a compliance review as described in OMB A-
133. A copy of the audit report must be received by HHVS no later than six months following
the end of the DEVELOPER/SPONSOR/OwnWs 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/OWNER may choose to have an audit
performed either on the basis of the DEVELOPER/SPONSOR/OWNER'S fiscal year or on the
basis of the period during which HHVS - federal assistance has been received. In either case,
each audit shall cover a time period of not more than twelve months and an audit shall be
submitted covering each assisted period until all the assistance received from this contract has
been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these
may be limited to cover only those services undertaken pursuant to the terms of this contract.
A copy of the audit report must be received by HHVS no later than six months following each
audit period.
5. The DEVELOPER/SPONSOR/OWNER shall maintain all contract Records in accordance witl'
generally accepted accounting principles, procedures, and practices which shall sufficiently anL
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/OWNER shall maintain all Contract Records that document all
actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this
Agreement.
7. The DEVELOPER/SPONSOR/OWNER shall ensure that the Contract Records shall be, at all
times, subject to and available for full access and review, inspection, or audit by County and
federal personnel and any other personnel duly authorized by the County.
8. The DEVELOPER/SPONSOR/OWNER shall include in all HHVS approved subcontracts used
to engage subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this contract and defined by HHVS, each of the record - keeping and
audit requirements detailed in this contract. HHVS shall, in its sole discretion, determine when
services are eligible substantive programmatic services and subject to the audit and record -
keeping requirements described above.
H. PROGRAM - GENERATED INCOME
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
All income earned by the DEVELOPER/SPONSOR/OWNER from activities financed in
Page 12 of 28
Agenda Item No. 16D10
July 27, 2010
Page 18 of 33
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/OWNER shall report its plan to utilize such income
to HHVS, and said plan shall require the prior written approval of the HHVS Department or
designee. Accounting and disbursement of such income shall comply with OMB Circular A-
I 10 (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/OWNER or its sub - contractors
shall be returned to the COUNTY unless the DEVELOPER/SPONSOR/OWNER requests and
is authorized to utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
DEVELOPER/SPONSOR/OWNER'S obligation to the COUNTY shall not end until all
closeout requirements are completed. Activities during this closeout period shall include, but
are 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.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER/SPONSOR/OWNER 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 subjected 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 project areas shall be
awarded contracts in connection with the project. The DEVELOPER/SPONSOR/OWNER
shall comply with the Section 3 Clause of the Housing and Community Development Act of
1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the DEVELOPER/SPONSOR/OWNER shall make a positive effort to utilize small
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
Page 13 of 28
Agenda Item No. 161D10
July 27, 2010
Page 19 of 33
business and minority /women -owned business enterprises of supplies and services, and provid-
these sources the maximum feasible opportunity to compete for contracts to be perform
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 through the use of funds 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/OWNER shall provide written verification of compliance to HHVS
upon HHVS' request.
D. EVALUATION AND MONITORING
The DEVELOPER/SPONSOR/OWNER agrees that HHVS will carry out periodic monitoring
and evaluation activities as determined necessary by HHVS or the COUNTY and that the
continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on
the terms of this Agreement, comparisons of planned versus actual progress relating to projec'
scheduling, budgets, audit reports and output measures. ThL
DEVELOPER/SPONSOR/OWNER agrees to furnish upon request to HHVS, the COUNTY or
the COUNTY's designees and make copies or transcriptions of such records and information,
as is determined necessary by HHVS or the COUNTY. The
DEVELOPER/SPONSOR/OWNER shall, upon the request of HHVS, submit information and
status reports required by HHVS, the COUNTY or HUD on forms approved by HHVS to
enable HHVS to evaluate said progress and to allow for completion of reports required of
HHVS by HUD. The DEVELOPER/SPONSOR/OWNER shall allow HHVS or HUD to
monitor the DEVELOPER/SPONSOR/OMINER on site. Such site visits may be scheduled or
unscheduled as determined by HHVS or HUD.
E. CONFLICT OF INTEREST
FNPH
20094010
HOME
CHDO -SET ASIDE
The DEVELOPER/SPONSOR/OWNER covenants that no person who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the target areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the DEVELOPER/SPONSOR/OWNER. Any
possible conflict of interest on the part of the DEVELOPER/SPONSOR/OWNER or its
employees shall be disclosed in writing to HHVS. (See 24 CFR 92.356).
Page 14 of 28
Agenda Item No, 16D10
July 27, 2010
Page 20 of 33
F. 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/OWNER certifies that it, its
affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This notice
is required by Section 287.133 (3)(a), Fla. Stat.
G. DRUG -FREE WORKPLACE REQUIREMENTS
The DEVELOPER/SPONSOR/OWNER must certify that they will provide drug -free
workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 70 1) 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, subgrants, and
contracts under grants, loans, and cooperative Agreements) and that all
DEVELOPER/SPONSOR/OWNERS shall certify and disclose accordingly.
I. REAL PROPERTY
Any real property acquired by the DEVELOPER/SPONSOR/OWNER 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/HOME Regulations including, but
rNPH
2009 -2010
HOME
CHDO -SET ASIDE
Page 15 of 28
Agenda Item No. 16D10
July 27, 2010
Page 21 of 33
not limited to, the provisions on use and disposition of property. Any real property within the
DEVELOPER/SPONSOR/OWNER'S control, which is acquired or improved in whole or pi
with CDBG/HOME funds in excess of $25,000, must adhere to the CDBG /HOME Regulations
at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The DEVELOPER/SPONSOR/OWNER agrees to comply with the following requirements:
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 CFR., 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 DEVELOPER/SPONSOR/OWNER 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 ma}.
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/OWNER 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 of 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
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
The DEVELOPER/SPONSOR/OWNER 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
Page 16 of 28
Agenda Item No. 16D10
July 27, 2010
Page 22 of 33
Preservation Procedures for Protection of Historical Properties.
X. 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.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the DEVELOPER/SPONSOR/OWNER shall transfer to the
COUNTY any HOME funds on hand at the time of expiration, any accounts receivable attributable to
the use of HOME funds, and any non - expendable personal property that was purchased with HOME
funds. Any real property under DEVELOPER/SPONSOR/OWNER control that was acquired or
improved in whole or in part with HOME funds in excess of Twenty -five Thousand Dollars ($25,000)
will be covered by the regulations 24 CFR Part 570.503(B)(8).
XII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.2000) specifies the limitations on HOME funds, and is herein incorporated by reference.
In addition, any DEVELOPER/SPONSOR/OWNER that can be considered to be a religious
organization shall abide by all portions of 24 CFR 92.257.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -eight (28) enumerated pages plus three (3) page attachment,
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.
rNPH
2009 -2010
HOME
CHDO -SET ASIDE
Page 17 of 28
Agenda Item No. 16D10
July 27, 2010
Page 23 of 33
IN WITNESS WHEREOF, the DEVELOPER/SPONSOR/OWNER and the County, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on this July 27, 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
First Witness
Type /print witness name
Second Witness
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0
FRED W. COYLE, CHAIRMAN
Florida Non -Profit Housing, Inc,
By:
DEVELOPER/SPONSOR/OWNER
Signature
Carl J. Kuehner, Chairman
Typc /print witness name Approved as to form and legal sufficiency:
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
' W
Jennifer B. White
Assistant County A omey
Page 18 of 28
Agenda Item No. 16D10
July 27, 2010
Page 24 of 33
EXHIBIT "A"
SCOPE OF SERVICES
HOME — CHDO SET -ASIDE
FLORIDA NON - PROFIT HOUSING. INC. (FNPH)
A. PROJECT SCOPE:
Florida Non - Profit Housing, Inc. proposes to acquire and rehabilitate one (1) property within Collier
County with CHDO set -aside funds. Acquisition costs may include expenditures outlined on the HUD -
1 Settlement Statement Cost Form (Copy attached in Exhibit C) under Section J and those items in
Section L under the column heading "Paid from Borrower's Funds at Settlement." Acquisition
activities /items may include, but not be limited to: Purchase of property, title work, appraisals,
inspections, surveying, and permits. Rehabilitation activities /items may include but not be limited to:
repair and/or replacement of the following: roofs, floors, ceiling, walls, kitchens, bathrooms, structural
items, doors, windows, insulation, HVAC, electrical, plumbing systems, fixtures, appliances,
landscaping, irrigation systems, painting, driveways, pest control, termite treatment, permitting, labor,
materials, supplies and other related items. FNPH is proposing to use this requested CHDO Set -Aside
funding to provide affordable opportunities to families whose income falls at or below the Medium
Family Income or MFI.
Collier County Department of Housing, Human and Veteran Services is funding ONE HUNDRED
THIRTEEN THOUSAND ONE HUNDRED TWENTY THREE DOLLARS ($113,123.00) in HOME
funds for this CHDO Set -Aside project.
B. BUDGET — FNPH HOME CHDO Set -Aside
Line Item: HOME Funds
Match Funding Required $ 28,281.00 -25% match from FNPH
Acquisition
Rehabilitation Work
Total HOME Funding $113,123.00
TOTAL FUNDING HOME
WITH MATCH $141,404.00
Acquisition and rehabilitation will not exceed the total amount of available funding. The services
required by this contract shall include but not be limited to the items /services described in the Scope
of Services. The FNPH shall order items /services as required but makes no guarantee as to the
quantity, number, type or distribution of items /services /that will be ordered or required by this
agreement.
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
Page 19 of 28
Agenda Item No. 16D10
July 27, 2010
Page 25 of 33
Clarifications to the actual quantity and types of work to be conducted for the acquired/rehabilitated home
under this Exhibit A will be processed by a Change by Letter, Exhibit A -1, and made an integral component
this Agreement.
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
Page 20 of 28
EXHIBIT "A -1"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housing Human & Veteran
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
Agenda Item No. 16D10
July 27, 2010
Page 26 of 33
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
f The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on
or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory
manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not
limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to
the referenced contract.
r
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
End of Exhibit A
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
Page 21 of 28
Agenda Item No. 16D10
July 27, 2010
Page 27 of 33
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN & VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
DEVELOPER/SPONSOR/OWNER Name: Florida Non - Profit Housing Inc
DEVELOPER/SPONSOR/OWNER Address: 900 Broad Ave S #2C Naples FL 34102
Project Name: CHDO Set -Aside 2009 - 2010 -Ac uistion/Rehabilitation
Project No: HM 09 -06 Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded Less
Sum of all requests)
113,123
I certify that this request for reimbursement has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for
Reimbursement is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Dept Director
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
(approval authoritv under $14,999
(approval required $15,000 and above)
End of Exhibit B
Page 22 of 28
Agenda Item No. 16D10
July 27, 2010
Page 28 of 33
EXHIBIT "C'
ADDITIONAL HOME GRANT REQUIREMENTS
-Match Funds are required, and are reflected in Exhibit A for this agreement as 25% is required per 24CFR
92.218. The actual amount for this agreement is reflected in EXHIBIT "A" part B- Budget.
- Agency has been qualified as a CHDO.
- Acquisition items listed on HUD Settlement Statement attached.
PROJECT MILESTONE SCHEDULE
The time frame for completion of the outlined activities shall be:
MILESTONE /TASK
START DATE
END DATE
Locating potential property to be
ac uired.
July 1, 2010
October, 2010
Close on acquisition and commence
renovations.
August, 2010
September, 2010
Work on income qualifying potential
occupants.
August, 2010
June 2011
Final inspection by HHVS staff.
August, 2010
June 2011
NOTE. Performance milestones are in effect for program monitoring requirements only, and as
such, are used by HUD and other grantor agencies as general target goals rather than strict
performance requirements.
This agreement shall allow reimbursement of expenses for articles and/or services furnished,
delivered, and accepted, upon receipt and approval of invoices submitted on or after the date of
services for all eligible costs associated with the agreement Reimbursement shall be made as work
progresses on a monthly basis and does not require the completion of all agreement milestones for
reimbursement to be paid However, this does not relieve the subrecipient of responsibility for
adherence to the project schedule.
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHVS.
'NPH
2009 -2010
HOME
CHDO -SET ASIDE
End of Exhibit C
Page 23 of 28
Agenda Item No. 16D10
July 27, 2010
Page 29 of 33
EXHIBIT "D"
INSURANCE REQUIREMENTS
The DEVELOPER/SPONSOR/OWNER shall furnish to Collier County, c/o Housing, Human and
Veteran Services, 3301 E Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112,
Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as
outlined below:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be
shown as an additional insured with respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence for
combined Bodily Injury and Property Damage,
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in (1) — (3) above, a Certificate of Insurance must be provided
as follows:
(c.) Professional Liability Insurance in the name of the DEVELOPER/SPONSOR/OWNER or
the licensed design professional employed by the DEVELOPER/SPONSOR/OWNER in an
amount not less than $300,000 per occurrence providing for all sums which the
DEVELOPER/SPONSOR/OWNER and /or the design professional shall become legally
obligated to pay as damages for claims arising out of the services performed by the
DEVELOPER/SPONSOR/OWNER or any person employed by the
DEVELOPER/SPONSOR/OWNER in connection with this contract. This insurance shall be
maintained for a period of two (2) years after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in (1) — (4) above, the DEVELOPER/SPONSOR/OWNER shall
provide or cause its Subcontractors to provide original policies indicating the following types of
insurance coverage prior to any construction:
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
(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
DE V ELOPER/SPON SOR/O WNER.
Page 24 of 28
Agenda Item No, 16D10
July 27, 2010
Page 30 of 33
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 at such time that the buildings' walls and
roof exist.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Contract:
(g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
(h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A.
(i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
'NPH
2009 -2010
HOME
CHDO -SET ASIDE
End of Exhibit "D"
Page 25 of 28
Agenda Item No. 16D10
July 27, 2010
Page 31 of 33
"EXHIBIT E"
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to HHVS staff by the 10'* of the following month.
Status Report for Month of Submittal Date:
Project Name CHDO Set -Aside 2009 - 2010 -Ac uistion/Rehabilitation
Project Number HM09 -06 Activity Number 370
DEVELOPER/SPONSOR/OWNER: Florida Non -Profit Housing, Inc
Contact Person Carl J. Kuehner, Chairman
Telephone: 239-434-6001
E -mail:
Fax: 239 - 434 -7318
1. Activity Status /Milestones (describe any action taken, relating to this project, during the past month):
5. What events /actions are scheduled for the next two months?
6. 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.
7. List any additional data relevant to the outcome measures listed on the application for this project.
8. Identify any potential issues that may cause delay.
FNPH
2009 -2010
HOME
CHDO -SET ASIDE
Exhibit E, Continued
Page 26 of 28
Agenda Item No. 16D10
July 27, 2010
Page 32 of 33
—. 9. New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race Ethnicity
(see definitions on (see definitions on
following page) following page)
BOX5
f
sons
E
Extremely
Very
Low Income
Female Head of
Low Income
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:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons "). Enter the number of beneficiaries in the blank space and in box
INCOME
Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current
Median Family Income (MFI). Enter this number in box `2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current Median
Family Income (MFI). Enter this number in box "3. "
Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family
Income (MFI). Enter this number in box "4. "
NOTE. The total of boxes 2,3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this number
in box `3" below.
NPH
[009 -2010
HOME
CHDO -SET ASIDE
Exhibit E, Continued
Page 27 of 28
BOX2
BOX3
BOX4
BOX5
f
sons
E
Extremely
Very
Low Income
Female Head of
Low Income
Low Income
(51-80%)
Household
(0 -30 %)
(31 -50 %)
NPH
[009 -2010
HOME
CHDO -SET ASIDE
Exhibit E, Continued
Page 27 of 28
Agenda Item No. 16D10
July 27, 2010
Page 33 of 33
DEVELOPER must indicate total beneficiaries for Race AND Ethnici
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
2. Black or African- American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine
Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South
America (including Central America), and who maintains tribal affiliation or community attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam,
Samoa, or other Pacific Islands.
Definitions of Ethnicity:
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
Black or
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 Blacl
Other Multi - Racial
FNPH
2009 -2010
HOME
CHDO -SET ASIDE.
End of Exhibit E
Page 28 of 28
AL: