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Backup Documents 07/27-28/2010 Item #16D10ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16olo 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. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #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 si nature, draw aline throng 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. Jennifer White County Attorney (Initial) Applicable) 2. Ian Mitchell, Executive Manager Board of County Commissioners Agenda Item Number 4 0 3. Minutes and Records Clerk of Court's Office 4. Sub - Recipient Agreement Number of Original 2 5 resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 6. contracts, agreements, etc. that have been fully executed by all parties except the BCC 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 a ro riate. (Initial) Applicable) Agenda Date Item was July 27, 2010 Agenda Item Number 16D10 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sub - Recipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 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 si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to 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 July 27, 2010 (enter date) and all SM changes made during the meeting have been incorporated in the attached document. The Count Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16010 MEMORANDUM Date: August 4, 2010 To: Sandra Marrero, Grants Coordinator Human Services Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Sub - Recipient Agreement with Florida Non - Profit Housing, Inc. "HUD Grant #M- 09- UC- 12- 0217" Attached is an original agreement, referenced above (Agenda Item #16D10) approved by the Board of County Commissioners on July 27, 2010. The Minutes and Records Department will hold the second original agreement for the Board's official record. If you should have any questions, you may contact me at 252 -8411. Thank you. AGREEMENT BETWEEN COLLIER COUNTY 16010 AND FLORIDA NON - PROFIT HOUSING, INC. (FNPH DEVELOPER/SPONSOR/OWNER) CHDO SET -ASIDE FUNDS Catalog of Federal Domestic Assistance # 14.239 HUD Grant # M- 09 -UC -12 -0217 THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") and "Florida Non - Profit Housing, Inc.," a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 900 Broad Ave S; #2C, Naples, FL 34102, and its Federal Tax Identification number as 205005877, ( "DEVELOPER/SPONSOR/OWNER "). WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston - Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the DEVELOPER/SPONSOR/OWNER has been certified with the COUNTY as a Community Housing Development Organization (CHDO), and has submitted an application for use of CHDO funds for a CHDO - eligible project under HOME regulations; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2009 -2010 for the HOME Program on April 28, 2009 - Agenda Item 16D3; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2009 -2010 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the DEVELOPER/SPONSOR/OWNER desire to provide the activities specified in this Agreement, in accord with the approved One -Year Action Plan; and WHEREAS, the COUNTY desires to engage the DEVELOPER/SPONSOR/OWNER to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: I. DEFINITIONS (1.) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2.) "HOME" is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3.) "HHVS" means Housing, Human and Veteran Services of Collier County. FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 1 of 28 16010 (4.) "DEVELOPER/SPONSOR/OWNER" means FLORIDA NON - PROFIT HOUSING, INC. F( NPH). (5.) "HHVS APPROVAL" means the written approval of the Housing, Human and Veteran Services Department of Collier County or designee. (6.) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7.) "Low and moderate income persons" means the definition set by HUD. (8.) "PROJECT" means the work contemplated to be performed as set forth in Exhibit "A ". (9.) "AGENCY" means Housing, Human and Veteran Services of Collier County, the HOME administering Agency of Collier County. For the purpose of this Agreement and all administration of HOME funds, the AGENCY shall act on behalf of the COUNTY in the execution and fiscal and programmatic control of this agreement. (10.) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the DEVELOPER/SPONSOR/OWNER agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section II, Scope of Services, hereof. (11.) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the DEVELOPER/SPONSOR/OWNER as described here. (12.) CHDO —means a Community Housing Development Organization (CHDO). CHDO PROVISIONS: It is understood that the DEVELOPER/SPONSOR/OWNER has certified that it is and will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT /AGREEMENT in accordance with 24 CFR 92. DEVELOPER/SPONSOR/OWNER agrees to provide information as may be requested by the AGENCY to document its continued compliance, including but not limited to an annual board roster and certification of continued compliance. Any funds advanced as CHDO pre - development funds must be in compliance with 24 CFR 92.301, and may only be waived, in whole or in part, as provided in 24 CFR 92.301. Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24 CFR 92.208. Any funds that the CHDO is permitted to retain as CHDO proceeds from this project shall be used in compliance with 24 CFR 92.300(a)(2) or as specified in this Agreement. II. SCOPE OF SERVICES The DEVELOPER/SPONSOR/OWNER shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "E," all of which are attached hereto and made a part hereof. FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 2 of 28 16010 III. TIME OF PERFORMANCE The effective date of this Agreement shall be July 1, 2010, and the services of the DEVELOPER/SPONSOR/OWNER shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the DEVELOPER/SPONSOR/OWNER prior to June 15, 2011. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII (17)(5), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The DEVELOPER/SPONSOR/OWNER shall be reimbursed by the COUNTY using federal funds for allowable costs, determined by COUNTY, in an amount not to exceed ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED TWENTY THREE DOLLARS ( $113,123.00) for the services described in Exhibit "A" the maximum project cost. All improvements specified in Exhibit "A" shall be performed by licensing stipulations? DEVELOPER/SPONSOR/OWNER employees, or, if required, shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The DEVELOPER/SPONSOR/OWNER shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the DEVELOPER/SPONSOR/OWNER and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3301 E. Tamiami Trail, Bldg H, Suite 211 Naples, Florida 34112, and to the DEVELOPER/SPONSOR/OWNER when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT FNPH 2009 -2010 HOME CHDO -SET ASIDE The DEVELOPER/SPONSOR/OWNER shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimally restrictive regulations supplemented by more restrictive guidelines set forth by HHVS. No payments will be authorized until approved by HHVS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the DEVELOPER/SPONSOR/OWNER shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HHVS Department or designee within forty -five (45) days of said official notification. Page 3 of 28 16010 B. DEBARMENT: In accordance with 24 CFR part 135, the DEVELOPER/SPONSOR/OWNER certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the DEVELOPER/SPONSOR/OWNER shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS FNPH 2009 -2010 HOME CHDO -SET ASIDE The DEVELOPER/SPONSOR/OWNER agrees to comply with any applicable laws, regulations and orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR Part 92, HOME Investment Partnership Program - The regulations governing the disbursement of HOME funds including requirements for CHDO. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. Seq. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. Page 4 of 28 16010 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act, 40 USC 327 -332. 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973, , 29 USC 776(b)(5). 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG /HOME. (See 42 USC 276a and 24 CFR 135.11(c). 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 5 of 28 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. FNPH 2009 -2010 HOME CHDO -SET ASIDE 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 31. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the DEVELOPER/SPONSOR/OWNER to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 32. Chapter 112,Florida Statutes. 33. Chapter 119, Florida Statutes. 34. Prohibition of Gifts to County Employees- No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. 35. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or this Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 36. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts having jurisdiction in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of DEVELOPER/SPONSOR/OWNER with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising Page 6 of 28 16010 out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of DEVELOPER/SPONSOR/OWNER with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Fla. Stat. D. SUBCONTRACTS Any work or services subcontracted by the DEVELOPER/SPONSOR/OWNER shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the DEVELOPER/SPONSOR/OWNER of any subcontract hereunder, such subcontracts must be submitted by the DEVELOPER/SPONSOR/OWNER to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes, and HUD. Reimbursements for such services will be made at DEVELOPER/SPONSOR/OWNER cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the DEVELOPER/SPONSOR/OWNER or reimbursed by the COUNTY without prior written approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this Agreement shall be in compliance with the County Purchasing Policy, Administrative Procedures and state /federal regulations in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the DEVELOPER/SPONSOR/OWNER shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the DEVELOPER/SPONSOR/OWNER or anyone employed or utilized by the DEVELOPER/SPONSOR/OWNER in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 7 of 28 16 D 10 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/OWNER will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the DEVELOPER/SPONSOR/OWNER will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The DEVELOPER/SPONSOR/OWNER will mount a temporary construction sign for projects funded by HHVS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. H. TERMINATION FNPH 2009 -20]0 HOME CHDO -SET ASIDE In event of termination for any of the reasons identified in sub - sections 1 -3 immediately below, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the DEVELOPER/SPONSOR/OWNER with funds under this Agreement shall be delivered to HHVS or the COUNTY. In the event of termination, the DEVELOPER/SPONSOR/OWNER shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the DEVELOPER/SPONSOR/OWNER, and the COUNTY may withhold any payment to the DEVELOPER/SPONSOR/OWNER for set -off purposes until such time as the exact amount of damages due to the COUNTY from the DEVELOPER/SPONSOR/OWNER 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 by providing ten (10) working days written notice to the other party. If termination occurs, the COUNTY shall pay the DEVELOPER/SPONSOR/OWNER for services rendered pursuant to this Agreement through and including the date of receipt of notice. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Page 8 of 28 16oio Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. I. INSURANCE DEVELOPER/SPONSOR/OWNER shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit D to this Agreement. J. DEVELOPER/SPONSOR/OWNER LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit D shall not relieve the DEVELOPER/SPONSOR/OWNER of his liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within twenty (20) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the DEVELOPER/SPONSOR/OWNER shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the DEVELOPER/SPONSOR/OWNER shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The DEVELOPER/SPONSOR/OWNER agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The DEVELOPER/SPONSOR/OWNER agrees to comply with OMB Circular A —110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non - Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING FNPH 2009 -2010 HOME CHDO -SET ASIDE 1. The DEVELOPER/SPONSOR/OWNER shall maintain all records required by the HOME Federal Regulations for a period of five years (5) years after expiration of this Agreement. Page 9 of 28 16D io 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the DEVELOPER/SPONSOR/OWNER for the purpose of this Agreement shall be made available to the COUNTY by the DEVELOPER/SPONSOR/OWNER at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. 3. The DEVELOPER/SPONSOR/OWNER shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. DEVELOPER/SPONSOR/OWNER shall submit monthly beneficiary reports to HHVS using Exhibit "E ". 5. The DEVELOPER/SPONSOR/OWNER shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. DEVELOPER/SPONSOR/OWNER shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the DEVELOPER/SPONSOR/OWNER shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. Indirect Costs: If indirect costs are charged, the DEVELOPER/SPONSOR/OWNER will develop an indirect cost allocation plan for determining the appropriate DEVELOPER/SPONSOR/OWNER share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. 7. Failure to adequately maintain any former HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HOME funds. 8. The DEVELOPER/SPONSOR/OWNER will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The DEVELOPER/SPONSOR/OWNER further agree that HHVS shall be the final arbiter on the DEVELOPER/SPONSOR/OWNER's compliance with the above. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with applicable law including but not limited FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 10 of 28 to the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on compliance with the terms of this agreement, the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HOUSING, HUMAN & VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The DEVELOPER/SPONSOR/OWNER agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. F. WRITTEN APPROVALS - SUMMARY (1.) All subcontracts and agreements proposed to be entered into by the DEVELOPER/SPONSOR/OWNER pursuant to this Agreement; (2.) All capital equipment expenditures of $1,000 or more; (3.) All out -of -town travel; (travel shall be reimbursed in accordance with § 112.061, Fla. Stat., unless otherwise required by HOME); (4.) All change orders; and (5.) All requests to utilize uncommitted funds after the expiration of this Agreement for programs described in Exhibit A, and (6.) All rates of pay and pay increases paid out of HOME funds, whether for merit or cost of living. The term "Approval by the COUNTY" or like term used in this Agreement shall in no way relieve the DEVELOPER/SPONSOR/OWNER from any duties or responsibilities under the terms of this Agreement, or obligation State or local law or regulation. G. AUDITS AND INSPECTIONS Non - profit organizations that expend $500,000 or more annually in federal awards shall have a single or program- specific audit conducted for that year in accordance with OMB A -133. Non- profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed in accordance with OMB A- 133. 2. Non - profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 11 of 28 16D 10 participate. Records must be available for review or audit by appropriate officials of federal and County agencies. When the requirements of OMB A -133 apply, or when the DEVELOPER/SPONSOR/OWNER elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the DEVELOPER/SPONSOR/OWNER. Each audit shall include a fiscal review, which includes a validation of all program - generated income and its disposition, especially attributable to HOME funds, an internal control review, and a compliance review as described in OMB A- 133. A copy of the audit report must be received by HHVS no later than six months following the end of the DEVELOPER/SPONSOR/Owner's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A -133 do not apply or are not elected, the DEVELOPER/SPONSOR/OWNER may choose to have an audit performed either on the basis of the DEVELOPER/SPONSOR/OWNER'S fiscal year or on the basis of the period during which HHVS - federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The DEVELOPER/SPONSOR/OWNER shall maintain all contract Records in accordance 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/OWNER shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this Agreement. 7. The DEVELOPER/SPONSOR/OWNER shall ensure that the Contract Records shall be, at all times, subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 8. The DEVELOPER/SPONSOR/OWNER shall include in all HHVS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by HHVS, each of the record - keeping and audit requirements detailed in this contract. HHVS shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above. H. PROGRAM - GENERATED INCOME FNPH 2009 -2010 HOME CHDO -SET ASIDE All income earned by the DEVELOPER/SPONSOR/OWNER from activities financed in Page 12 of 28 16010 whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The DEVELOPER/SPONSOR/OWNER shall report its plan to utilize such income to HHVS, and said plan shall require the prior written approval of the HHVS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A- 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/OWNER or its sub - contractors shall be returned to the COUNTY unless the DEVELOPER/SPONSOR/OWNER requests and is authorized to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES DEVELOPER/SPONSOR/OWNER'S obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The DEVELOPER/SPONSOR/OWNER agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The DEVELOPER/SPONSOR/OWNER shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the DEVELOPER/SPONSOR/OWNER shall make a positive effort to utilize small FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 13 of 28 16D 10 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The DEVELOPER/SPONSOR/OWNER shall provide written verification of compliance to HHVS upon HHVS' request. D. EVALUATION AND MONITORING The DEVELOPER/SPONSOR/OWNER agrees that HHVS will carry out periodic monitoring and evaluation activities as determined necessary by HHVS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The DEVELOPER/SPONSOR/OWNER agrees to furnish upon request to HHVS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HHVS or the COUNTY. The DEVELOPER/SPONSOR/OWNER shall, upon the request of HHVS, submit information and status reports required by HHVS, the COUNTY or HUD on forms approved by HHVS to enable HHVS to evaluate said progress and to allow for completion of reports required of HHVS by HUD. The DEVELOPER/SPONSOR/OWNER shall allow HHVS or HUD to monitor the DEVELOPER/SPONSOR/OWNER on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. E. CONFLICT OF INTEREST The DEVELOPER/SPONSOR/OWNER covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the DEVELOPER/SPONSOR/OWNER. Any possible conflict of interest on the part of the DEVELOPER/SPONSOR/OWNER or its employees shall be disclosed in writing to HHVS. (See 24 CFR 92.356). FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 14 of 28 16D 10 F. PUBLIC ENTITY CRIMES As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any work in furtherance hereof, the DEVELOPER/SPONSOR/OWNER certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Fla. Stat. G. DRUG -FREE WORKPLACE REQUIREMENTS The DEVELOPER/SPONSOR/OWNER must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all DEVELOPER/SPONSOR/OWNERS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the DEVELOPER/SPONSOR/OWNER for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG /HOME Regulations including, but FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 15 of 28 16010 not limited to, the provisions on use and disposition of property. Any real property within the DEVELOPER/SPONSOR/OWNER'S control, which is acquired or improved in whole or 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 A. AIR AND WATER The DEVELOPER/SPONSOR/OWNER agrees to comply with the following requirements: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 CFR., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the DEVELOPER/SPONSOR/OWNER shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of 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/OWNER agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead - based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The DEVELOPER/SPONSOR/OWNER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 16 of 28 Preservation Procedures for Protection of Historical Properties. 16010 X. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the DEVELOPER/SPONSOR/OWNER shall transfer to the COUNTY any HOME funds on hand at the time of expiration, any accounts receivable attributable to the use of HOME funds, and any non - expendable personal property that was purchased with HOME funds. Any real property under DEVELOPER/SPONSOR/OWNER control that was acquired or improved in whole or in part with HOME funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS HOME funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on HOME funds, and is herein incorporated by reference. In addition, any DEVELOPER/SPONSOR/OWNER that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -eight (28) enumerated pages plus three (3) page attachment, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 17 of 28 16010 IN WITNESS WHEREOF, the DEVELOPER/SPONSOR/OWNER and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this July 27, 2010. ATTEST: Dated: n; First Witness 4ype/print witness name Second Witness U V idS,ep A l cif d 7`%�a -/D V�¢�v�v� �,. Type /print witness name FNPH 2009 -2010 HOME CHDO -SET ASIDE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: i FRED W. COYLE, CHAIRM Florida Non - Profit Housing, Inc. li as to form and legal sufficiency: �V �. White > t County Attorney Page 18 of 28 Item # LI o Agenda Date t R Da � l O Deputy Clerk A. B. 16D10 EXHIBIT "A" SCOPE OF SERVICES HOME — CHDO SET -ASIDE FLORIDA NON - PROFIT HOUSING, INC. (FNPH) PROJECT SCOPE: Florida Non - Profit Housing, Inc. proposes to acquire and rehabilitate one (1) property within Collier County with CHDO set -aside funds. Acquisition costs may include expenditures outlined on the HUD - 1 Settlement Statement Cost Form (Copy attached in Exhibit C) under Section J and those items in Section L under the column heading "Paid from Borrower's Funds at Settlement." Acquisition activities /items may include, but not be limited to: Purchase of property, title work, appraisals, inspections, surveying, and permits. Rehabilitation activities /items may include but not be limited to: repair and /or replacement of the following: roofs, floors, ceiling, walls, kitchens, bathrooms, structural items, doors, windows, insulation, HVAC, electrical, plumbing systems, fixtures, appliances, landscaping, irrigation systems, painting, driveways, pest control, termite treatment, permitting, labor, materials, supplies and other related items. FNPH is proposing to use this requested CHDO Set -Aside funding to provide affordable opportunities to families whose income falls at or below the Medium Family Income or MFI. Collier County Department of Housing, Human and Veteran Services is funding ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED TWENTY THREE DOLLARS ($113,123.00) in HOME funds for this CHDO Set -Aside project. BUDGET — FNPH HOME CHDO Set -Aside Line Item: HOME Funds Match Funding Required $ 28,281.00 -25% match from FNPH Acquisition Rehabilitation Work Total HOME Funding $113,123.00 TOTAL FUNDING HOME WITH MATCH $141,404.00 Acquisition and rehabilitation will not exceed the total amount of available funding. The services required by this contract shall include but not be limited to the items /services described in the Scope of Services. The FNPH shall order items /services as required but makes no guarantee as to the quantity, number, type or distribution of items /services /that will be ordered or required by this agreement. FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 19 of 28 16D io Clarifications to the actual quantity and types of work to be conducted for the acquired /rehabilitated home under this Exhibit A will be processed by a Change by Letter, Exhibit A -1, and made an integral component of this Agreement. FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 20 of 28 EXHIBIT "A -1" CHANGE BY LETTER "A COLLIER COUNTY GOVERNMENT Collier County Housing, Human & Veteran Services Public Services Division Date Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: User Name Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # 16010 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. Ik Additional Staffing Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department End of Exhibit A FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 21 of 28 1601➢ EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN & VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT DEVELOPER/SPONSOR/OWNER Name: Florida Non -Profit Housing, Inc. DEVELOPER/SPONSOR/OWNER Address: 900 Broad Ave S: #2C Nanles. FL 34102 Project Name: CHDO Set -Aside 2009 - 2010- Acquistion/Rehabilitation Project No: HM 09 -06 Payment Request # Dollar Amount Requested: $ SECTION 11: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 113,123 I certify that this request for reimbursement has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Reimbursement is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director FNPH 2009 -2010 HOME CHDO -SET ASIDE Date (approval authority under $14,999) (approval required $15,000 and above) End of Exhibit B Page 22 of 28 EXHIBIT "C' ADDITIONAL HOME GRANT REQUIREMENTS -1boio -Match Funds are required, and are reflected in Exhibit A for this agreement as 25% is required per 24CFR 92.218. The actual amount for this agreement is reflected in EXHIBIT "A" part B- Budget. - Agency has been qualified as a CHDO. - Acquisition items listed on HUD Settlement Statement attached. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE /TASK START DATE END DATE Locating potential property to be acquired. July 1, 2010 October, 2010 Close on acquisition and commence renovations. August, 2010 September, 2010 Work on income qualifying potential occupants. August, 2010 June, 2011 Final inspection by HHV S staff. I August, 2010 June, 2011 NOTE. Performance milestones are in effect for program monitoring requirements only, and as such, are used by HUD and other grantor agencies as general target goals rather than strict performance requirements. This agreement shall allow reimbursement of expenses for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on or after the date of services for all eligible costs associated with the agreement. Reimbursement shall be made as work progresses on a monthly basis and does not require the completion of all agreement milestones for reimbursement to be paid. However, this does not relieve the subrecipient of responsibility for adherence to the project schedule. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHVS. FNPH 2009 -2010 HOME CHDO -SET ASIDE End of Exhibit C Page 23 of 28 EXHIBIT "C11- Sample Settlement Statement "16 D 10 S,AENTOt rP y - OMB Approval No. 2502 -0265 =W, I I� ~ A. Settlement Statement (HUD -1) L9BAN OEVE�P - The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory . This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. evious editions are obsolete Page 1 of 3 HUD -1 1. ❑ FHA 2. ❑ RHS 1 [] Con, Unins. 4. VA 5. LJ Come. Ins. 6. File Number: 17. Loan Number: a. Mortgage Insurance Case Number: C. Noto: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked " (p.o.c.)" were pad outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower E. Name & Address o; Seller: F. Name & Address of Lender: G. Property Location: H. Settlement Agent: I. Settlement Date: Place of Settlement: The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory . This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. evious editions are obsolete Page 1 of 3 HUD -1 16o io TJfJ1;I,:UOyemmeMrng charges .; lEramGFEet1 1202'AeeB$ Mortgages Releases $ 1203'Ttartsiertaxes EiromGFE�: 12M;'.CiWC U' n y twvaamps Deed S Mortgage$ 120$,;State ta>stamps, Geed$ Mortgage$ 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) -- rrevious eanions are oosoiete Page 2 of 3 HUD-1 I =itt}Id141���.>'..1t�YW'u'r"i t °ln`11B`ih! W4 71tt�i Lei msn;.ii IR;t�i�rir , pAt 16R.0 N t - m MEMO u ; .ar a Loan Terms —.. ,; Y— „awe any quesnons aoout the aetttement Charges and Loan Terms listed on this form, please contact your lender. rrevious editions are obsolete Page 3 of 3 HUD-1 169 io t - ;fr +M4alii�i Loan Terms —.. ,; Y— „awe any quesnons aoout the aetttement Charges and Loan Terms listed on this form, please contact your lender. rrevious editions are obsolete Page 3 of 3 HUD-1 169 io 16010 EXHIBIT "D" INSURANCE REQUIREMENTS The DEVELOPER/SPONSOR/OWNER shall furnish to Collier County, c/o Housing, Human and Veteran Services, 3301 E Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (1) — (3) above, a Certificate of Insurance must be provided as follows: (c.) Professional Liability Insurance in the name of the DEVELOPER/SPONSOR/OWNER or the licensed design professional employed by the DEVELOPER/SPONSOR/OWNER in an amount not less than $300,000 per occurrence providing for all sums which the DEVELOPER/SPONSOR/OWNER and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the DEVELOPER/SPONSOR/OWNER or any person employed by the DEVELOPER/SPONSOR/OWNER in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in (1) — (4) above, the DEVELOPER/SPONSOR/OWNER shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: (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/OWNER. FNPH 2009 -2010 HOME CHDO -SET ASIDE Page 24 of 28 I'" 16010 ExhibitD , Continued (£) Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided at such time that the buildings' walls and roof exist. OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or Contract: (g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. (h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. (i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. FNPH 2009 -2010 HOME CHDO -SET ASIDE End of Exhibit "D" Page 25 of 28 "EXHIBIT E" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to HHVS staff by the 10`" of the following month. Status Report for Month of Submittal Date: Project Name CHDO Set -Aside 2009 - 2010- Acquistion/Rehabilitation Project Number HM09 -06 Activity Number DEVELOPER/SPONSOR/O"ER: Florida Non -Profit Housing, Inc. Contact Person Carl J. Kuehner, Chairman Telephone: 239 - 434 -6001 Fax: 239 - 434 -7318 E -mail: retcjkkaol.com 370 16D10 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 5. What events /actions are scheduled for the next two months? 6. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 7. List any additional data relevant to the outcome measures listed on the application for this project. 8. Identify any potential issues that may cause delay. FNPH 2009 -2010 HOME CHDO -SET ASIDE Exhibit E, Continued Page 26 of 28 16o io 9. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80%) Household 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "I. " INCOME Of the households or persons assisted, are extremely low - income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low - income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE. The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80%) Household Assisted (0 -30 %) (31 -50 %) FNPH 2009 -2010 HOME CHDO -SET ASIDE Exhibit E, Continued Page 27 of 28 DEVELOPER must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 16D 10 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African - American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries 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: FNPH 2009 -2010 HOME CHDO -SET ASIDE End of Exhibit E Page 28 of 28