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Backup Documents 11/09/2010 Item #16D 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 6 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 hand delivered to the Board Office.'Fhe 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 #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. Colleen Greene, Assistant County Attorney CAD C W (r- t I /1a I1 O 2. Agenda Item Number 16D6 Approved by the BCC 3. Type of Document 4. Number of Original Attached 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners ( 11 10 6. Minutes and Records Clerk of Court's 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 item.) Name of Primary Staff Sandra Marrero, Grants Coordinator Phone Number 252 -2399 Contact appropriate. (Initial) Applica ble) Agenda Date Item was November 09, 2010 Agenda Item Number 16D6 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreements Number of Original Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ 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 appropriate. (Initial) Applica ble) 1. 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 11-09-10 (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 Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 1606 sr cu�c {vi FINANCE DEPARTMENT TELEPHONE(239)213 -1820 • FACSIMILE(239)213 -1805 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 November 8, 2010 Sandra Marrero, Grants Coordinator Collier County Housing and Human Services Department 3301 East Tamiami "frail - Bldg H Suite #211 Naples FL 34112 RE: City of Naples - Anthony Park / 5th Avenue North — Parking and Landscaping; Project #B 10 -UC -12 -0016 Dear Ms. Marrero: Enclosed please find two original signature copies of the subject grant agreement. The agreement has been approved by the City Council and two copies executed by the Mayor, acting as Chief Elected Official. Please have the agreements counter - signed with an original fully executed copy back to the City for our records. Thank you for your consideration in this matter. Please feel free to call me if there are any questions or concerns. Sincerely, G45 G�v"4 Greg Givens, Grants Coordinator City of Naples - Finance Department 735 8th Street - South Naples, F'1,34102 Office: (239) 211-1816 ggivens(aMa. plesQov. com Attachments 1606 MEMORANDUM Date: November 17, 2010 To: Sandra Marrero, Grants Coordinator Housing, Human & Veteran Services Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Grant Agreement # B- 10 -UC -12 -0016 between Collier County and the City of Naples for the Anthony Park/51h Avenue Landscape - Parking Project Attached is an original copy of the agreement referenced above, (Item #16D6) approved by the Board of County Commissioners on November 9, 2010. The Minutes and Records Department will hold the second original agreement in the Board's Official Records. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 1606 1 AGREEMENT BETWEEN COLLIER COUNTY AND City of Naples Anthony Park -5th Avenue North, Parking - Landscaping Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 10 -UC -12 -0016 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and "City of Naples," a municipality existing under the laws of the State of Florida, having its principal office at 735 8th Street South, Naples, FL 34102, and its Federal Tax Identification number as 59- 60000382 & DUNS #084130293, ( "SUBRECIPIENT "). WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program with Resolution 2010 -85 on April 27, 2010; and WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Consolidated Plan; and City of Naples 2010 CDBG CDIO -03 Anthony Park -5" Avenue Parking - Landscaping Page I of 28 166 WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG" means the Community Development Block Grant Program. (C) "HHVS" means Housing, Human & Veteran Services. (D) "HHVS's Approval" means the written approval of the Department of Housing and Human Services or designee. (E) " SUBRECIPIENT" means the City of Naples. (F) "HUD" means 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." H. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be July 1, 2010. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENI' prior to August 31, 2011. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS 'The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed One Hundred Twenty Thousand Four Hundred Thirty Four Dollars and 00 /100 ($120,434.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENI and monitored by HHVS, which shall have access to all records and documents related to the project. City of Naples 2010 CDBG CD 10-03 Anthony Park -51h Avenue Parking- Landscaping Page 2 of 28 1606 The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. 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, Building H, Suite 211, Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SUBRECIPIENT 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 SUBRECIPIENT 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. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. 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: 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. City of Naples 2010 CDBG CD 10 -03 Anthony Park -5" Avenue Parking- Landscaping Page 3 of 28 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. 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. City of Naples 2010 CDBG CD10 -03 Anthony Park -51h Avenue Parking - Landscaping Page 4 of 29 16D6 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 shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or 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. Stal. City of Naples 2010 CDBG CD 10-03 Anthony Park -51h Avenue Parking - Landscaping Page 5 of 28 1606 D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services 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 SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the 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. INDEMNIFICA'T'ION To the maximum extent permitted by Florida law, the SUBRECIPIENT 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 SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 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 SUBRECIPIENT will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by City of Naples 2070 CDBG CD70 -03 Anthony Park -51" Avenue Parking- Landscaping Page 6 of 28 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 capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set- off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 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 SUBRECIPIENT 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 COUNFY 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 SUBRECIPIENT 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 "B" to this Agreement. J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit B shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is City of Naples 2010 CDBG CD10 -03 Anthony Park -5" Avenue Parking- Landscaping Page 7 of 28 1606 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 SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT 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 SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT 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 SUBRECIPIENT 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 The SUBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or 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. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT 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. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and City of Naples 2010 CDBG CD10 -03 Anthony Park -5'h Avenue Parking- Landscaping Page 8 of 28 1606 which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2." The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross- referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Ilours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the SUBRECIPIENT'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. The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. City of Naples 2010 CDBG CD 10 -03 Anthony Park -51h Avenue Parking - landscaping Page 9 of 28 1606 E. WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT 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 Chapter 112, Fla. Stat. unless otherwise required by CDBG); (4) All change orders; (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 CDBG funds, whether for merit or cost of living. 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. 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 participate. 3. When the requirements of OMB A -133 apply, or when the SUBRECIPIENT 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 SUBRECIPIENT. A copy of the audit report must be received by HHVS no later than six months following the end of the SUBRECIPIENT'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 SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS - federal assistance has been received. In City of Naples 2010 CDBG CD 10-03 Anthony Park -5" Avenue Parking- Landscaping Page 10ol'28 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 SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of the record - keeping and audit requirements detailed in this contract. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT 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 SUBRECIPIENT shall report its plan to utilize such income to HHVS, and said plan shall require the prior written approval of HHVS or its 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 570.500(a), may be retained by the COUNTY. 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 SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds. 1. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, 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 SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of City of Naples 2010 CDBG CD 10 -03 Anthony Park-5 1h Avenue Parking - Landscaping Page I I of 28 race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority /women -owned business enterprises shall be located in or owned by residents of the CDBG 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 low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUBRECIPIENT 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 SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in § 287.133, Fla. Slat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a), Fla. Slat. City of Naples 2010 CDBG CD 10-03 Anthony Park -5" Avenue Parking - Landscaping Page 12 of28 16D6 F. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of] 988 (41 USC 701). 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 -1,11, '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, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. H. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: City of Naples 2010 CDBG CDIO -03 Anthony Park -5`h Avenue Parking- Landscaping Page 13 of 28 16D6 1. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608. D. HISTORIC PRESERVATION The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 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 CDBG funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8). XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. City of Naples 2010 CDBG CD 10 -03 Anthony Park -5`" Avenue Parking - Landscaping Page 14 of 28 16D6 XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty eight (28) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties 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. City of Naples 2010 CDBG CD 10-03 Anthony Park -S° Avenue Parking - Landscaping Page 15 of 28 16D6 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 9,, 1 l I MK ,60.3 12010. ATTEST: DWIGHT E,-BROCjC, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 1..4 w. FRED W. COYLE, CHAIR AN City of Na I film will Ria- as-w-4e_f - Hon. Bill Barnett �pyaraved as to form and legality By i ) Robert D. Prl% City Attorney Ty e Approved as to form and legal sufficiency: City ofNaples 2010 CDBG CD10 -03 Anthony Park -5" Avenue Parking - Landscaping e cen M. Greene Assistant County Attorney Page 10 ot28 EXHIBIT "A" SCOPE OF SERVICES City of Naples Anthony Park -51 Avenue North A. PROJECT SCOPE 16D6 On April 27th, 2010, the Board of County Commissioners approved the HUD Action Plan allocating funding for this initiative. Community Development Block Grant (CDBG) funding will be used for the Anthony Park improvements within the City of Naples. In the Action Plan for this program the intended outcome of this funding is to provide pass- through funding for the enhancement of two (2) neighborhood parks within a low /moderate income area in the City of Naples. Enhancements will include: paving and curbs, sod replacement and additional plantings, landscaping and irrigation improvements to the Anthony Park, and Cambridge Perry Park area adjacent to 5th Avenue North, by installing a minimum of ten (10) parking spaces. The funding will cover all costs associated with Engineering design, drainage, landscaping, paving, irrigation and hardscaping. The detailed project scope will be contained in the bid specifications of the vendor awarded the project's engineering and /or construction contracts. The project construction contract will include details sufficient to document the number, amount, and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income area. B. BUDGET Collier County Housing, Human and Veteran Services is providing One Hundred Twenty Thousand Four Hundred Thirty Four Dollars and 00/100 ($120,434.00) in CDBG funding for the project scope described above. Line Item Description CDBG Funds Design and construction $ 120,434.00 TOTAL $120,434.00 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. City of Naples 2010 CDBG CD10 -03 Anthony Park -51h Avenue Parking- Landscaping Page 17 of 28 1606 C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and, as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 07/2010 02/2011 Prepare bid docs 07/2010 02/2011 Complete design package and Begin Procurement 07/2010 08/2011 Contract Begins, Permitting, Construction activities 07/2010 08/2011 Complete final inspections and project close -out D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Design and Construction Monthly invoices per contractor's Schedule of Values City of Naples 2010 CDBG CD 10 -03 Anthony Park -5th Avenue Parking - Landscaping Page 18 of 28 EXHIBIT "A -V CHANGE BY LETTER COLLIER COUNTY GOVERNMENT Housing, Human & Veteran Services User Name Public Services Division Address 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: NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # 1606 By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r 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 City of Naples 2010 CDBG CD10 -03 Anthony Park -5" Avenue Parking - Landscaping Page 19 of 28 1606 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human & 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: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. 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. 3. 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: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. 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 City of Naples 2010 CDBG CD 10-03 Anthony Park -5'h Avenue Parking - Landscaping Page 20 of 28 16D6 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: 7. 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. 8. 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. 9. 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. City of Naples 2010 CDBG CD 10-03 Anthony Park -5" Avenue Parking - landscaping Page 21 of 28 16D6 EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS Enter additional requirements here, IF NONE EXIST, state "There are no additional grant requirements." City of Naples 2010 CDBG CD10 -03 Anthony Park -5'h Avenue Parking- Landscaping Page 22 0l 28 EXHIBIT "D" REQUIRED SUBMITTALS D -I Request for Payment D -1 a Release and Affidavit Form D -2 CDBG Monthly Progress Report City of Naples 2010 CDBG CD10 -03 Anthony Park -5th Avenue Parking- Landscaping Page 23 of 28 16D6 SCHEDULE "D -1" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: 735 gth Street -South Naples FL, 34102 Project Name: Anthony Park & 5th Avenue North Parking, Landscaping Project No: CD 10-03 Payment Request # Dollar Amount Requested: SECTION II: STATUS OF FUNDS 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) $ Enter I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Dept Director City of Naples 2010 CDDG CD70 -03 Anthony Park -5°i Avenue Parking- Landscaping Date (approval authority under $14,999) (approval required $15,000 and above) Page 24 of 28 1606 SCHEDULE "D -la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. SUBRECIPIENf Witness: BY: BY: ITS: President DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by I as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) City of Naples 2010 CDBG CD 10 -03 Anthony Park -5" Avenue Parking - Landscaping (Signature) Name: (Legibly Printed) Notary Public, State of: Page 25 o1 28 Commission No.: SCHEDULE "D -2" 1606 CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 160 of the following month. Status Report for Month of Date: Project Name Anthonv Park -5th Avenue North, Parking - Landscaping Project Number CD10 -03 Activity Number Subrecipient: City of Naples Contact Person Greg Givens, Grants Coordinator Telephone: 239 - 213 -1816 Fax: Enter Fax Number (area code)xxx -xxxx E -mail: v vivensgcit,/ofnaples. gov 1. Activity Status /Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): City of Naples 2010 CDBG CDIO -03 Anthony Park -5'h Avenue Parking - Landscaping Page 26 of 2R 16D6 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 Low Income Low Income (51 -80 %) Household 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]. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted (0 -30 %) (31 -50 %) City ot'Naples 2010 CDBG CD 10-03 Anthony Park -5°i Avenue Parking - Landscaping Page 27 of 28 1606 Subrecipient's must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African- American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far Bast, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 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. 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 Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black /African American and White American Indian /Alaskan Native an_d_Black/African American Other Multi - Racial TOTAL: City of Naples 2010 CDBG CD 10-03 Anthony Park -5ib Avenue Parking- Landscaping Page 28 ot28 16D6 MEMORANDUM Date: November 17, 2010 To: Sandra Marrero, Grants Coordinator Housing, Human & Veteran Services Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Grant Agreement # M- 10 -UC -12 -0017 between Collier County and Florida Non - Profit Housing, Inc. (Immokalee Housing & Family Services) for the acquisition and rehabilitation of a property in Collier County Attached is an original copy of the agreement referenced above, (Item #16D6) approved by the Board of County Commissioners on November 9, 2010. The Minutes and Records Department will hold the second original agreement in the Board's Official Records. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 1606 AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA NON - PROFIT HOUSING, INC. REHAB /ACQUISTION Catalog of Federal Domestic Assistance # 14.239 HUD Grant # M- 10 -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 Immokalee Housing & Family Services, a private for -profit corporation existing under the laws of the State of Florida, having its principal office at 900 Broad Avenue South 92C, Naples, FL 34102, and its Federal Tax Identification number as 20- 5005877 and Duns #82 -535 -1021 (`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 2010 -2011 for the HOME Program with Resolution 2010 -85 on April 27, 2010; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 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. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "HOME" is the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 USC 3535(d) and 12701 - 12839. (C) "HHVS" means the Housing, Iluman and Veteran Services Department of Collier County. (D) "DEVELOPER/SPONSOR" means Florida Non -Profit Housing, Inc. (E) `HHVS APPROVAL." means the written approval of the Housing. Human and Veteran Services Department of Collier County or designee. Florida Non -Profit Housing Rehab /Acquisition Page 1 of 25 2010 -CHDO HM 10 -05 16D6 ' (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. (I I) "PROJECT" means the work to be performed as set forth in Exhibit "A ". (I) "AGENCY" means HHVS, the HOME administering Agency of Collier County. For the purpose of this Agreement and all administration of HOME funds, the AGENCY shall act on behalf of the COUNTY in the execution and fiscal and programmatic control of this agreement. (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 I1I, Scope of Work. (K) "WORK" - is all the professional and technical services to be rendered or provided by the DEVELOPER/SPONSOR as described here. 11. 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 HUD and Collier County shall be July 1, 2010. The services of the DEVELOPER/SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the DEVELOPER/SPONSOR prior to August 31, 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)(e), and Part VIII(H). 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 One hundred twelve thousand two hundred thirty dollars ($112,230.00) 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. Florida Non -Profit Housing Rehab /Acquisition Page 2 of 25 2010 -CHDO HM I0 -05 16D6 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 when delivered to its office at the address listed on page one of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The DEVELOPER/SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the DEVELOPER /SPONSOR shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five (45) days of said official notification. B. DEBARMENT The DEVELOPER /SPONSOR certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the 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 DEVELOPER/SPONSOR 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 IIOME 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. Florida Non -Profit Housing Rehab /Acquisition Page 3 of 25 2010 -CHDO HM 10 -05 16D6 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. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 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. Florida Non -Profit Housing Rehab /Acquisition Page 4 of 25 2010 -CHDO HM 10-05 16D6 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the DEVELOPER/SPONSOR to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or 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 DEVELOPER/SPONSOR 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 DEVELOPEWSPONSOR 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. Stal. Florida Non - Profit Housing Rehab /Acquisition Page 5 of 25 2010 -CHDO HM 10 -05 16D6 D. SUBCONTRACTS Any work or services subcontracted by the DEVELOPER/SPONSOR shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the DEVELOPER/SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the DEVELOPER /SPONSOR to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes, and HUD. Reimbursements for such services will be made at DEVELOPER/SPONSOR cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the DEVELOPER/SPONSOR or reimbursed by the COUNTY without 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 Florida Non - Profit Housing Rehab /Acquisition Page 6 of 25 2010 -CHDO HM 10-05 16D6 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 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. Florida Non - Profit Housing Rehab /Acquisition Page 7 of 25 2010 -CHDO HM 10 -05 16D6 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. 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 five years (5) years after expiration ofthis 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 tinder this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. Florida Non - Profit Housing Rehab /Acquisition Page 8 of 25 2010 -CHDO HN110 -05 16D6 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 CPR 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 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 agrees that HHVS shall be the final arbiter on the DEVELOPER/SPONSOR'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 SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. Florida Non - Profit Housing Rehab /Acquisition Page 9 of 25 2010 -CHDO HM 10 -05 16D6 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 finds 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. 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. Florida Non - Profit Housing Rehab /Acquisition Page 10 of 25 2010 -C FI DO I1 M 10 -05 4. If an audit is required by Section G of this contract, but the requirements of OMB A -133 do not apply or are not elected, the DEVELOPER/SPONSOR may choose to have an audit performed either on the basis of the DEVELOPER/SPONSOR's fiscal year or on the basis of the period during which HHVS- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A- 133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The DEVELOPER/SPONSOR shall maintain all contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The DEVELOPER /SPONSOR shall include in all HHVS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by HHVS, each of the record - keeping and audit requirements detailed in this contract. HHVS shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping 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. Florida Non - Profit Housing Rehab /Acquisition Page 1 1 of 25 2010 -CHDO HM 10 -05 1606 L 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. VIIL 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. 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. Florida Non - Profit Housing Rehab /Acquisition Page 12 of 25 2010 -CHDO HMIO -05 1606 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 HFIVS. (See 24 CFR 92.356). E. PUBLIC ENTI"T"Y 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). 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. Florida Non -Profit Housing Rehab /Acquisition Page 13 of 25 2010 -CHDO HM 10 -05 1606 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. 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. Florida Non - Profit Housing Rehab /Acquisition Page 14 of 25 2010 -CHDO HM 10 -05 16D6 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 terms and requirements of applicable law. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -five (25) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Florida Non - Profit Housing Rehab /Acquisition Page 15 of 25 2010 -CHDO HM10 -05 IN WITNESS WHEREOF, the DEVELOPER/SPONSOR and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 9th day of Not nmlaer- 20/0 . ATTEST: Dwight E. Brock, Clerk of Courts By: Bat Type /print witness name Sec d Witness ti Type /print witness name Approved as to form and legal sufficiency: 0 C % olleen M. Greene Assistant County Attorney • ' ej BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1 BY: FRED W. COYLE, Chairman FLORIDA NON- PROFIT HOUSING, INC. �✓� Cpl . `1G�?/.t/G -vim. Carl J. Kuehner, Chairman (Print Name) Florida Non -Profit Housing Rehab /Acquisition Page 16 of 25 2010 -CHDO HM 10 -05 1606 EXHIBIT "A" SCOPE OF SERVICES HOME — CHDO SET -ASIDE FLORIDA NON - PROFIT HOUSING. INC. (FNPH) A. PROJECT SCOPE: On April 27 "i, 2010, the Board of County Commissioners approved the HUD Action Plan allocating funding for this initiative. Home Investment Partnerships Program (HOME) funding will be used for the purchase and rehabilitation of foreclosed homes within Collier County. In the Action Plan it is stated that the County, as a participating jurisdiction (PJ), must invest 15% or set aside at least 15 percent (15 %) of its total HOME allocation to projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDOs), and which result in the development of homeownership or rental units. Florida Non -Profit Housing, Inc. as a CHDO, will use these funds to acquire and rehabilitate a minimum of one (1) property within Collier County. 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. The detailed project scope will be contained in the schedule of values of the vendor. The contract will include details sufficient to document the number, amount and costs associated with all activities. Any unexpended funds that may be available after a minimum of one (1) home is purchased, rehabilitated, and occupied, may be used toward the purchase and rehabilitation of one (1) additional home. Reimbursement for the purchase of an additional home will not exceed $65,000.00, and rehabilitation for the same additional home will not exceed $20,000.00. The project activities will meet the U.S. Department and Housing and Urban Development's national objective to provide decent housing. B. BUDGET— Collier County Department of Housing, Human and Veteran Services is funding ONE TWELVE THOUSAND TWO HUNDRED and THIRTY DOLLARS ($112,230.00) in HOME funds for the CHDO Set -Aside project scope described above. The required matching funds of $28,058.00 will be provided by Florida Non - Profit Housing, Inc. Florida Non - Profit Housing Rehab /Acquisition Page 17 of 25 2010 -CHDO HM 10 -05 Line Item: Acquisition and Rehabilitation Work Total HOME Funding HOME Funds $112,230.00 5112,230.00 Match info $28,058.00 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. C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and, as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 11/1/2010 12/2010 Locate Property 12/2010 2/2011 Award rehab contract 2/2011 7/2011 Complete Rehab 8/2011 8/30/2011 Project Close -out D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Purchase of property and signed contract Upon payment request for reimbursement, will including schedule of values for the reimburse 75% of allowable expenses rehabilitation such that the total does not exceed the grant amount and /or there is information explaining how the shortfall will be handled by the subrecipient. Rehabilitation work Per submission of periodic invoices and final inspection/C.O. or certificate of completion will reimburse 75% of allowable expenses. Receipt of Certificate of Occupancy Final 10% of the total cost of the purchase and (C.O.) and occupancy of each home. rehabilitation of any one home will be released upon receipt of C.O. and occupancy of that home. C.O. and occupancy of final unit. End of Exhibit "A" Florida Non -Profit Housing Rehab /Acquisition Page 18 of 25 2010 -CHDO HM 10 -05 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT DEVELOPER/SPONSOR Name: Florida Non Profit Inc. DEVELOPER/SPONSOR Address: 900 Broad Ave South #2C Naples FL, 34102 Project Name: Rehab /Acquistion Project No: HM 10 -05 Payment Request # Dollar Amount Requested: $ _ SECTION 11: STATUS OF FUNDS 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 $ 112,230 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 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 (approval authority under $14,999) (approval required $15,000 and above) End of Exhibit B Florida Non - Profit Housing Rehab /Acquisition Page 19 of 25 2010 -CHDO HM 10 -05 EXHIBIT "C' ADDITIONAL HOME GRANT REQUIREMENTS 1. The Department of Housing and Urban Development's (HUD) National Objectives: 1. Benefiting Low- and Moderate- Income Persons 2. HUD defines the term `low- and moderate income persons' as families and individuals whose incomes are no more than 80 percent of the median income of the area involved. 3. Your project must serve LMI clients. 4. Unit must remain affordable for a period of 20 Years. 5. Rent must be adjusted accordingly per program year. 6. Annual Income certification of occupants must be performed every year, project files must be kept in a locked, safe location, and proof of occupant qualification must be submitted annually to HHVS. HHVS will monitor this project until end of affordability period. End of Exhibit C Florida Non -Profit Housinl- Rehab /Acquisition Page 20 of 25 2010 -CHDO HM 10 -05 1606 EXHIBIT "D" INSURANCE REQUIREMENTS The DEVELOPER /SPONSOR shall furnish to Collier County, c/o Housing, Human and Veteran Services Department of Collier CountyDepartment, 3301 E Tamiami Trail Building 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 fro claims arising out of the services performed by the DEVELOPER/SPONSOR or any person employed by the DEV ELOPE PUS PONSOR 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. Florida Non -Profit Housing Rehab /Acquisition Page 21 of 25 2010 -CHDO HM 10 -05 1606 ; 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 (NF1P), 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 Housing Rehab /Acquisition Page 22 of 25 2010 -CHDO HM 10 -05 16D6 "ATTACHMENT E" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the ]0 ' of the following month. Status Report for Month of Submittal Date: Project Name Project Number HM10 -05 Activity Number DEVELOPER /SPONSOR: Florida Non-Profit Housing, Inc. Contact Person Carl Kuehner, Chariman 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 events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. Florida Non -Profit Housing Rehab /Acquisition Page 23 of 25 2010 -CHDO HM 10 -05 1606 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) BOX BOX BOX BOX BOX Total Number of Extremely Very I.ow Income Female Head of 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: 6. 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 (MIT). Enter this number in box "3. " Of these households or persons assisted, are low - income (51 -80 %) of the current Median Family Income (MIT). 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. DEVELOPER must indicate total beneficiaries for Race AND Ethnicity Florida Non - Profit Housing Rehab /Acquisition Page 24 of 25 2010 -CHDO HM 10 -05 BOX BOX BOX BOX BOX Total Number of Extremely Very I.ow Income Female Head of Households or Persons Low Income Low Income (51 -80 %) I lousehold Assisted (0-30%) DEVELOPER must indicate total beneficiaries for Race AND Ethnicity Florida Non - Profit Housing Rehab /Acquisition Page 24 of 25 2010 -CHDO HM 10 -05 Exhibit E, Continued Definitions of Race: 1606 I . White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African - American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White _ Asian and White Black /African American and White American Indian/Alaskan Native and Black/African American Other Multi - Racial TOTAL: End of Exhibit E Florida Non -Profit Housing Rehab /Acquisition Page 25 of 25 2010 -CHDO HM 10 -05