Backup Documents 05/24/2011 Item #16D 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI4 6 D 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be I und delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item. )
ROUTING SLIP
Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
.... ,.. . _ _...__ _.. - .:_...-... 1. - „...:..., on ar .hr..0 h ua cnm "Irte the. rherklist and forward to Sue Filson (line 45).
exception or me unannan s e. ....... ......................_.....
Route to Addressee(s)
List in routing order
.....,_ .. ., __...._._
Office
Initials
Date
1. Jennifer B. White, Assistant
County Attorney
CAO
(Initial)
Applicable)
2.
May 24, 2011
Agenda Item Number
16 -D -2
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Agreement
Number of Original
2
5. Ian Mitchell, BCC µ
Supentgyr u x,12_
Board of County Commissioners
Documents Attached
I2�I t1
6. Minutes and Records
Clerk of Coui -Cs Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
Name of Primary Staff
Sandra Marrero, Grants Coordinator
Phone Number
252 -2399
Contact
a ro riate.
(Initial)
Applicable)
Agenda Date Item was
May 24, 2011
Agenda Item Number
16 -D -2
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Agreement
Number of Original
2
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Fouts/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
(Initial)
Applicable)
I.
Original document has been signed/initialed for legal sufficiency. (All documents to be
SM
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
SM
document or the final negotiated contract date whichever is applicable.
4.
"Sign here” tabs are placed on the appropriate pages indicating where the Chairman's
SM
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
SM
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 5 -24 -11 (enter date) and all
SM
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
1: Forms/ County Fouts/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16D 2
MEMORANDUM
Date: May 27, 2010
To: Sandra Marrero, Grants Coordinator
Housing, Human & Veteran Services Department
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Grant Agreement # M- 09 -UC -12 -0017
Florida Non - Profit Housing, Inc. (FNPS)
Attached is an original copy of the agreement referenced above, (Item #16132)
approved by the Board of County Commissioners on Tuesday, May 24, 2011.
An original of the document mentioned above is being kept by the
Minutes and Records Department and will be kept as a part of the
Board's Official Records.
If you have any questions, please contact me at 252 -7240.
Thank you
16D 2
AGREEMENT BETWEEN COLLIER COUNTY
AND
FLORIDA NON - PROFIT SERVICES, INC.
COMMUNITY DEVELOPMENT CORPORATION
(FNPS)
Catalog of Federal Domestic Assistance # 14.239
HUD Grant # M- 09 -UC -12 -0017
THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision
of the State of Florida, ( "COUNTY ") and Florida Non -Profit Services, Inc." a private not - for - profit
corporation existing under the laws of the State of Florida, having its principal office at 900 Broad Avenue
South #2C, Naples, FL 34102, and its Federal Tax Identification number as 20- 5005877 & DUNS
#825351021, ( "DEVELOPER/SPONSOR ").
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program
funds from the United States Department of Housing and Urban Development (HUD) as provided by the
Cranston - Gonzalez National Affordable Housing Act, as amended: and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One -Year Action Plan for Federal Fiscal Year 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 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 DEVELOPER/SPONSOR to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the
Parties agree as follows:
I.
(A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(B) "HOME" is the HOME Investment Partnerships Program as described in 24 CFR Part 92,
under the authority of 42 USC 3535(d) and 12701 - 12839.
(C) "HHVS" means the Department of Housing, Human and Veteran Services.
(D) "DEVELOPER/SPONSOR" means the FLORIDA NON - PROFIT SERVICES, INC. (FNPS)
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(E) "HHVS APPROVAL" means the written approval of the Housing, Human and Veteran
Services Department or designee.
(F) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "PROJECT" means the work to be performed as set forth in Exhibit "A ".
(1) "AGENCY" means HHVS, the HOME, administering Agency of Collier County. For the
purpose of this Agreement and all administration of HOME funds, the AGENCY shall act on
behalf of the COUNTY in the execution and fiscal and programmatic control of this agreement.
(J) "FEE" is the amount of money the COUNTY agrees to pay and the DEVELOPER/SPONSOR
agrees to accept as payment in full for all the professional and technical services rendered
pursuant to this Agreement to complete the WORK as further defined in Section 111, Scope of
Work.
(K) "WORK" - is all the professional and technical services to be rendered or provided by the
DEVELOPER/SPONSOR as described here.
II. SCOPE OF SERVICES
The DEVELOPER/SPONSOR shall, in a satisfactory and proper manner, as determined by HHVS, perform
the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for
reimbursement using Exhibit `B" along with the monthly submission of Exhibit "E," all of which are attached
hereto and made a part hereof.
III. TIME OF PERFORMANCE,
The effective date of this Agreement between FNPS and Collier County shall be May 24, 2011. Subrecipients
are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to
HHVS approval. The services of the DEVELOPER/SPONSOR shall be undertaken and completed in light of
the purposes of this Agreement. In any event, all services required hereunder shall be completed by the
DEVELOPER/SPONSOR prior to May 24, 2012. Any funds not obligated by the expiration date of this
Agreement shall automatically revert to the COUNTY, as set forth in Section X1 below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER/SPONSOR shall be reimbursed by the COUNTY using federal funds for allowable costs,
determined by COUNTY, in an amount not to exceed THIRTY SEVEN THOUSAND SEVEN HUNDRED
SEVEN DOLLARS AND 00 CENTS ($37,707.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by DEVELOPER/SPONSOR employees, or
shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal
requirements. The DEVELOPER/SPONSOR shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the DEVELOPER/SPONSOR
and monitored by the COUNTY, which shall have access to all records and documents related to the project.
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V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office,
presently located at 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, and to the
DEVELOPER/SPONSOR when delivered to its office at the address listed on page one of this Agreement.
VL GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The DEVELOPER/SPONSOR shall implement this Agreement in accordance with applicable Federal, State,
and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures
memoranda.
Should a project receive additional funding after the commencement of this Agreement, the
DEVELOPER/SPONSOR shall notify HHVS in writing within thirty (30) days of receiving notification from
the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five
(45) days of said official notification.
B. DEBARMENT
The DEVELOPER/SPONSOR certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal Department or agency; and, that the DEVELOPER/SPONSOR 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
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders
of the State, local and Federal governments, including, but not limited to:
1. 24 CFR Part 92.206, HOME Investment Partnership Program - The regulations governing the
disbursement of HOME funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
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5. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects
assisted with federal funds.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act
of 1972, 42 USC § 2000e, et. seq.
7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended.
8. Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the
use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon
Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See
42 USC 276a and 24 CFR 135.11 (c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in
Community Development Block Grant Contracts.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations.
19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and
Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations
relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein
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shall constitute a breach of this agreement, and the County shall have the discretion to
unilaterally terminate this agreement immediately.
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21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part I11, Florida Statutes, Collier County Ethics
Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all
other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
25. 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 SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who
would make the presentation of any settlement reached during negotiations to COUNTY for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full
decision - making authority and by COUNTY'S staff person who would make the presentation
of any settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under § 44.102, Fla. Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the DEVELOPER/SPONSOR shall be specifically by written contract
or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable
County, State, and Federal guidelines and regulations. Prior to execution by the DEVELOPER /SPONSOR of
any subcontract hereunder, such subcontracts must be submitted by the DEVELOPER/SPONSOR to HHVS
for its review and approval, which will specifically include a determination of compliance with the terms of
the attached Work Program set forth in Exhibit "A."
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This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards
as established by the Collier County Purchasing Department, Florida Statutes, and HUD. Reimbursements for
such services will be made at DEVELOPER/SPONSOR cost. None of the work or services covered by this
Agreement, including but not limited to consultant work or services, shall be subcontracted by the
DEVELOPER/SPONSOR or reimbursed by the COUNTY without 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 contract shall be in
compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the DEVELOPER/SPONSOR 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 or anyone
employed or utilized by the DEVELOPER/SPONSOR in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this paragraph. This section
does not pertain to any incident arising from the sole negligence of Collier County. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section
768.28, Florida .Statutes.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding
source. The DEVELOPER/SPONSOR will include a reference to the financial support herein provided by
HHVS in all publications and publicity. In addition, the DEVELOPER/SPONSOR will make a good faith
effort to recognize HHVS' support for all activities made possible with funds made available under this
Agreement. The DEVELOPER/SPONSOR will mount a temporary construction sign for projects funded by
HHVS. This design concept is intended to disseminate key information regarding the development team as
well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable
County codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub - sections 1 -3 as follows, all finished or
unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and
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capital equipment secured by the DEVELOPER/SPONSOR with funds under this Agreement shall be returned
to HHVS or the COUNTY. In the event of termination, the DEVELOPER/SPONSOR shall not be relieved of
liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by
the DEVELOPER/SPONSOR, and the COUNTY may withhold any payment to the
DEVELOPER/SPONSOR for set -off purposes until such time as the exact amount of damages due to the
COUNTY from the DEVELOPER/SPONSOR is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations under
this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving
written notice of such termination to the other party and specifying therein the effective date of termination.
(See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason,
terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the
COUNTY shall pay the DEVELOPER/SPONSOR for services rendered pursuant to this Agreement through
and including the date of termination. (.See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
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 specifies.
INSURANCE
DEVELOPER/SPONSOR shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "D" to
this Agreement.
J. DEVELOPER LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "D" shall not relieve the DEVELOPER/SPONSOR of
its liability and obligation under this subsection or under any subsection of this contract. The contract is
contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of
County Commissioners' approval. If the Insurance certificate is received within the specified period, but not
in the manner prescribed in these requirements, the DEVELOPER/SPONSOR shall be verbally notified of the
deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County.
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If the DEVELOPER/SPONSOR fails to submit the required insurance documents in the manner prescribed in
these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the
DEVELOPER/SPONSOR shall be in default of the terms and conditions of the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The DEVELOPER/SPONSOR agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of law applicable to
County employees relative to employments, hours of work, rates of compensation, leave, unemployment and
employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The DEVELOPER/SPONSOR 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 RECORDKEEPING
1. The DEVELOPER/SPONSOR shall maintain all records required by the HOME
Federal Regulations for a period of six years (6) years after expiration of this
Agreement.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the DEVELOPER/SPONSOR for the
purpose of this Agreement shall be made available to the COUNTY by the
DEVELOPER/SPONSOR at any time upon request by HHVS. Upon completion of all
work contemplated under this Agreement copies of all documents and records relating
to this Agreement shall be surrendered to HHVS if requested.
3. The DEVELOPER/SPONSOR shall submit reports as required to assist the COUNTY
in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity
Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92
(3)(vi).
4. DEVELOPER/SPONSOR shall submit monthly beneficiary reports to HHVS using
Exhibit "E ".
5. The DEVELOPER/SPONSOR shall maintain records showing compliance with the
Davis -Bacon Law, including files containing contractor payrolls, employee interviews,
Davis -Bacon wage rates, and administrative cross - referencing.
DEVELOPER/SPONSOR shall maintain records showing contractor compliance with
the Contract Work Hours and Work Safety Law. Similarly, the
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DEVELOPER/SPONSOR shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
6. Indirect Costs: If indirect costs are charged, the Developer will develop an indirect cost
allocation plan for determining the appropriate Developer's share of administrative
costs and shall submit such plan to the County for approval, in a form specified by the
County.
7. Failure to adequately maintain any former HOME funded project may
result in the delay of processing reimbursement requests for ongoing
activities or in the forfeiture of future HOME funds.
8. The DEVELOPER/SPONSOR will be responsible for the creation and
maintenance of income eligible files on clients served and documentation
that all households are eligible under HUD Income Guidelines.
9. The DEVELOPER/SPONSOR further agree that HHVS shall be the final
arbiter on the DEV ELOPEWSPONSOR's compliance with the above.
C. 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.
D. ADDITIONAL HOUSING HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REOUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
E. WRITTEN APPROVALS- SUMMARY
(1) All subcontracts and agreements proposed to be entered into by the
DEVELOPER/SPONSOR 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.
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F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a
written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-
110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference.
G. AUDITS AND INSPECTIONS
1. Non -profit organizations that expend $500,000 or more annually in federal awards shall
have a single or program- specific audit conducted for that year in accordance with OMB A-
133. Non - profit organizations expending federal awards of $500,000 or more under only one
federal program may elect to have a program- specific audit performed in accordance with
OMB A -133.
2. Non - profit organizations that expend less than $500,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMB A -133, although their records
must be available for review (e.g., inspections, evaluations). These agencies are required by
HHVS to submit "Reduced Scope" audits (e.g., financial audit, 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
participate.
3. When the requirements of OMB A -133 apply, or when the DEVELOPER/SPONSOR
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. A copy of the audit report must be received by HHVS no later than
six months following the end of the DEVELOPER /SPONSOR'S fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of OMB A-
133 do not apply or are not elected, the DEVELOPER/SPONSOR may choose to have an audit
performed either on the basis of the DEVELOPER/SPONSOR's fiscal year or on the basis of
the period during which HIIVS- 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 shall maintain all contract Records in accordance with
generally accepted accounting principles, procedures, and practices which shall sufficiently and
properly reflect all revenues and expenditures of funds provided directly or indirectly by the
County pursuant to the terms of this Agreement.
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6. The DEVELOPER/SPONSOR shall include in all HHVS approved subcontracts used to
engage subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this contract and defined by HHVS, each of the record - keeping and
audit requirements detailed in this contract. HHVS shall, in its sole discretion, determine when
services are eligible substantive programmatic services and subject to the audit and
recordkeeping requirements described above.
H. PROGRAM - GENERATED INCOME
All income earned by the DEVELOPER/SPONSOR from activities financed in whole or in part by funds
provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income
from service fees, sale of commodities, and rental or usage fees. The DEVELOPER/SPONSOR shall report its
plan to utilize such income to HHVS, and said plan shall require the prior written approval of the HHVS
Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-
110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated
herein by reference.
Program Income, as defined by 24 CFR 92.503 for HOME funds, may be retained by the Agency. Program
Income shall be utilized to undertake activities specified in "Exhibit "A "" of this Agreement, and all
provisions of this Agreement shall apply to stated activities. Any Program Income received by the
DEVELOPER/SPONSOR or its sub - contractors shall be returned to the COUNTY unless the
DEVELOPER/SPONSOR requests and is authorized to utilize uncommitted funds.
1. GRANT CLOSEOUT PROCEDURES
DEVELOPER/SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to; making final payments,
disposing of program assets (including the return of all unused materials, equipment, unspent cash advances,
program income balances, and receivable accounts to the COUNTY), and determining the custodianship of
records.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER/SPONSOR agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such
discrimination, the COUNTY shall have the right to terminate this Agreement.
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 shall comply with the Section 3 of the Housing and Community
Development Act of 1968.
FLORIDA NON - PROFIT SERVICES, INC.
2009 -HOME,
CHDO- Operating
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16D 2
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the DEVELOPER/SPONSOR shall make
a positive effort to utilize small business and minority /women -owned business enterprises of supplies and
services, and provide these sources the maximum feasible opportunity to compete for contracts to be
performed pursuant to this Agreement. To the maximum extent feasible, these small business and
minority /women -owned business enterprises shall be located in or owned by residents of the HOME areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be very
low, low- income persons. If the project is located in an entitlement city, as defined by HUD, or serves
beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit "A" of this Agreement. The DEVELOPER/SPONSOR
shall provide written verification of compliance to HHVS upon HHVS' request.
D. CONFLICT OF INTEREST
The DEVELOPER/SPONSOR 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. Any possible conflict of interest on the part of the DEVELOPER/SPONSOR or its
employees shall be disclosed in writing to HHVS. (See 24 CFR 92.356).
E. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any work in
furtherance hereof, the DEVELOPER/SPONSOR certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the
State of Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by Section 287.133(3) (a), Fla. Stat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The DEVELOPER/SPONSOR must certify that it will provide drug -free workplaces in accordance with the
Drug -Free Workplace Act of 1988 (41 USC 701).
FLORIDA NON - PROFIT SERVICES, INC.
2009 -HOME
CHDO- Operating
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G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub - awards at all tiers (including subcontracts, subgrants, contracts under
grants, loans, and cooperative agreements) and that all DEVELOPER/SPONSOR'S shall
certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the DEVELOPER/SPONSOR for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR part 24, shall be subject to the provisions of the
CDBG /HOME Regulations including, but not limited to, the provisions on use and disposition of property.
Any real property within the DEVELOPER/SPONSOR's control, which is acquired or improved in whole or
part with CDBG /HOME funds in excess of $25,000, must adhere to the CDBG /HOME Regulations at 24 CFR
570.505.
IX. ENVIRONMENTAL CONDITIONS
The DEVELOPER/SPONSOR agrees to comply with the following requirements:
A. AIR AND WATER
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
FLORIDA NON - PROFIT SERVICES, INC.
2009 -HOME
CHDO - Operating
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16D 2
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the
DEVELOPER/SPONSOR shall assure that for activities located in an area identified by FEMA as having
special flood hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would
satisfy this requirement and /or reduce the cost of said flood insurance.
C. LEAD -BASED PAINT
The DEVELOPER/SPONSOR agrees that any construction or rehabilitation of residential structures
with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention
Act found in 24 CFR 92.355.
D. HISTORIC PRESERVATION
The DEVELOPER/SPONSOR agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36
CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR
92.257 specifies the limitations on HOME funds for faith based activities.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the DEVELOPER/SPONSOR shall transfer to the COUNTY any HOME
funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds.
24 CFR 92.504(2)(vii).
XII. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terns and requirements of applicable law.
X111. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -five (25) enumerated pages, which include the exhibits referenced
herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
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CHDO- Operating
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16D 2
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.
FLORIDA NON - PROFIT SERVICES, INC.
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IN WITNESS WHEREOF, the Developer and the County, have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on this ?y�day of YV1f 201L.
ATTEST:
First Witness
Second Witness
�K V�
Type /print witness name
FLORIDA NON - PROFIT SERVICES. INC.
2009 -HOME
CHDO- Operating
BOARD OF COUNTY COMMISSIONERS OF
COLLIER C FLORIDA
By: W.
FRED W. COYLE, CHAIRNUN
Carl J. Kuehner, Chairman
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Jennifer B ite
Assistant County Attorney
Page 17 of 25
A.
160 2
EXHIBIT "A"
SCOPE OF SERVICES
HOME — CHDO OPERATING
FLORIDA NON-PROFIT SERVICES, INC. (FNPS)
PROJECT SCOPE:
On April 28, 2009, the BCC approved the HUD Action Plan allocating funding for this
initiative. Home Investment Partnerships Program (HOME) funding will be used for
operational expenses for Florida Non -Profit Services, Inc. (FNPS).
In the substantial amendment to the Action Plan for this program the intended outcome of this
funding is to provide funding to a Community Housing Development Organization (CHDO) in
order to help increase its capacity.
Funds will be used for normal office expenses in the following categories: The funding will
cover costs associated with staffing for the CHDO which will include salaries and benefits for
one (1) individual providing accounting /administrative services.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to pay operating costs and build the CHDO's capacity to develop successful
affordable housing projects and programs.
BUDGET:
Collier County Housing, Human and Veteran Services is providing Thirty Seven Thousand
Seven Hundred Seven Dollars ($37,707.00) in HOME funding for the project scope described
above.
Line Item Description HOME Funds
Salaries, & Benefits
one (1) individual providing
accountingladministrative services $37,707.00
Total $37,707.00
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.
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2009 -HOME
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16D 2
C. PROJECT WORK PLAN:
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
D ate Start
Date End
Work Plan
05/2011
05/2012
Continue capacity building. Provide all reports to
HHVS as required.
0512011
05/2012
FNPS assist in the coordination as well as participate in
the Housing Fair
D. PAYMENT SCHEDULE:
The following table details the project deliverables and payment schedule.
Deliverable Payment Schedule
CHDO Operating Expenses Upon monthly invoicing of allowable expenses
FLORIDA NON - PROFIT SERVICES, INC.
2009 -HOME
CHDO - Operating
End of Exhibit "A"
Page 19 of 25
16D 2
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
DEVELOPER/SPONSOR Name: Florida Non-Profit Services (FNPS)
DEVELOPER/SPONSOR Address: 900 Broad Ave South; #2C Naples FL 34102
Project Name: CHDO Operating
Project No: HM09 -05 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) $
37,707
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
Title
Authorizing Grant Coordinator
Dept Director
FLORIDA NON - PROFIT SERVICES, INC.
2009 -HOME
CHDO- Operating
Date
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
Page 20 of 25
EXHIBIT "C'
ADDITIONAL HOME GRANT REQUIREMENTS
No additional HOME requirements for this agreement
FLORIDA NON - PROFIT SERVICES, INC.
2009 -HOME
CHDO - Operating
End of Exhibit C
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EXHIBIT "D"
INSURANCE REQUIREMENTS
The DEVELOPER/SPONSOR shall furnish to Collier County, c/o Housing, Human and
Veteran Services Department, 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:
(d.) Professional Liability Insurance in the name of the DEVELOPER/SPONSOR or the
licensed design professional employed by the DEVELOPER/SPONSOR in an
amount not less than $300,000 per occurrence providing for all sums which the
DEVELOPER/SPONSOR and /or the design professional shall become legally
obligated to pay as damages from claims arising out of the services performed by
the DEVELOPER /SPONSOR or any person employed by the
DEVELOPER /SPONSOR 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 shall
provide or cause its Subcontractors to provide original policies indicating the following
types of insurance coverage prior to any construction:
(e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100 %) percent of the insurable value of the building(s)
or structure(s). The policy shall be in the name of Collier County and the
DEVELOPER/SPONSOR.
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Exhibit "D ', Continued
(£) 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
structures) or the maximum amount of coverage available through the National
Flood Insurance Program (NFIP), whichever is greater. The policy will show
Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such
time that he buildings' walls and roof exist.
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.
End of Exhibit "D"
FLORIDA NON - PROFIT SERVICES, INC.
2009 -HOME
CHDO - Operating
Page 23 of 25
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"ATTACHMENT E"
HOME MONTHLY PROGRESS REPORT
Complete form jot past month and submit to Housing, Human and Veteran Services staff by the 10`" of the
following month.
Status Report for Month of
Date:
Project Name CHDO Operating
Project Number HM09 -05 Activity Number _ 398
DEV ELOPER/ SPONSOR /SUBRECIPIENT: Florida Non -Profit Services (FNPS)
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):
2. What eventslactions 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.
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Exhibit E, Continued
6. New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions on
following page)
Ethnicity
(see definitions on
following page)
"Total Number of
Extremely
Very
Low Income
Female Head of
Households or Persons
Low Income
Low Income
(51- 8(W /o)
l lousehold
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 "1. "
INCOME
Of the households or persons assisted, are extremely low- income income (0 -30 %) of the
current Median Family Income (MFI). Enter this number in box "2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current
Median Family Income (MFI). Enter this number in box "3. "
Of these households or persons assisted, are low- income (51 -80 %) of the current Median
Family Income (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 "S" below.
BOX I
BOX 2
BOX 3
BOX 4
BOX 5
"Total Number of
Extremely
Very
Low Income
Female Head of
Households or Persons
Low Income
Low Income
(51- 8(W /o)
l lousehold
Assisted
(0 -30%)
(31 -500/6)
FLORIDA NON - PROFIT SERVICES, INC.
2009 -HOME
CHDO- Operating
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