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Resolution 2003-156RESOLUTION NO. 2003 --1.&6- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB- RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG and HOME Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administrativn and Housing (FAH) to transmit the Plan to the proper funding Page 1 of 3 17F authority and take the necessary actions for implementation of the CDBG and HOME programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG and HOME Programs. A copy of the Activities and total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. Page 2 of 3 17F This Resolution adopted this twenty-second day of April 2003, after motion, second and majority vote favoring same. DVCJ~HT,I.EI'BR~,jCLERK ~pProv~r21[a P~rick G. ~e' Assist~t County Attorney BOARD OF COUNTY COMMISSIONERS iyl CO~N~ /4-2.2-03 Page 3 of 3 "EXHIBIT A" 17F Funding Resources: Community Development Block Grant (CDBG) FY 2003-2004 CDBG Carry over ftmds from FY 2002-2003 Total Available CDBG funds $2,778,000 50,000 $2,828,000 HOME Investment Partnerships Program Grant (HOME) FY 2003-2004 793,929 Total Available HUD funds for FY 2003-2004 $3,621,929 Activities to be Undertaken: Project CDBG Activity / Location Responsible Sub- Amount Number Recipient / Agency CD 04-01 Stormwater Drainage Improvements - Marco Island City of Marco Island $250,000 CD 04-02 River Park Community Center - Naples City of Naples $250,000 CD 04-03 Affordable Housing Development Land Collier County FAH $350,000 Acquisition CD 04-04 Affordable Housing Infrastructure Support - Habitat for Humanity of $700,000 East Naples Collier County, Inc. CD 04-05 Senior Housing - Immokalee United Church Homes $275,000 CD 04-06 Prescription Medications - Countywide Collier County Department of $130,000 Human Services CD 04-07 Job Creation - Immokalee Harvest for Humanity, Inc. $100,000 CD 04-08 Senior Center Addition - East Naples Collier County Department of $83,000 Parks & Recreation CD 04-09 Job Training & Support - Immokalee IMMCAA $60,000 CD 04-10 Education & Training - Immokalee Empowerment Alliance of $54,000 Southwest Florida (EASF) - Kaleidoscope Project CD 04-11 Homeless Management Information System Collier County Hunger & $50,000 Homeless Coalition CD 04-12 Immokalee Youth Program EASF - Youth Project $50,000 CD 04-13 Fair Housing - Education & Outreach - Collier County FAH $3,000 Countywide CD 04-14 Program Planning & Administration CDBG Collier County FAH $473,000 Total CDBG $2,828,000 Project HOME Activity / Location Responsible Sub- Amount Number Recipient / Agency HM 04-01 CHDO set-aside Empowerment Alliance of SW $224,179 FL HM 04-02 Residential Rehabilitation - Countywide Collier County FAH $225,000 HM 04-03 Down Payment Assistance - Countywide Collier County FAH $100,000 HM 04-04 Tenant Based Rental Assistance Collier County Housing $100,000 Authority HM 04-05 CHDO Operating EASF $37,000 HM 04-06 Housing Delivery Cost Collier County FAH $33,750 HM 04-07 Program Planning & Administration Collier County FAH $74,000 Total HOME $793,929 Page 1 of 1 EXHIBIT "B" AGREEMENT BETWEEN COLLIER COUNTY AND SUB-RECIPIENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # THIS AGREEMENT, is entered into this day of, 20___, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the "NAME OF SUBRECIPIENT," a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and SUBRECIPIENT AGREEMENT Page 1 of 21 17F WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "NAME OF SUBRECIPIENT" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "NAME OF SUBRECIPIENT" to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "County" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means "NAME OF SUBRECIPIENT". "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. SUBRECIPIENT AGREEMENT Page 2 of 21 IH. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. . The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed ($) 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. SUBRECIPIENT AGREEMENT Page 3 of 21 17F , COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereofi The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 SUBRECIPIENT AGREEMENT Page 4 of 21 1..7F 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 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. 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. Florida Statutes, Chapter 112 - which deals with conflict of interest. ItUD required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 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. SUBRECIPIENT AGREEMENT Page 5 of 21 30. 17F 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Co Do 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 FAH 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 and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. SUBRECIPIENT AGREEMENT Page 6 of 21 Fo 17F 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. SUBRECIPIENT AGREEMENT Page 7 of 21 BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 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 SUBRECIPIENT AGREEMENT Page 8 of 21 Bo 17F procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Documentation and Record - Keeping 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 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 SUBRECIP1ENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WEB/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". o The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING 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-il0, 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 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 FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. SUBRECIPIENT AGREEMENT Page 9 of 21 F. PRIOR WRrlTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAH 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 SUBRECIPIENT AGREEMENT Page 10 of 21 17F reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial 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 SUBRECIPIENT 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 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. SUBRECIPIENT AGREEMENT Page 11 of 21 Do 17F 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Uo Fo 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 SUBREC1PIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH 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. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. SUBRECIPIENT AGREEMENT Page 12 of 21 17F Xo Ho 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. 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. o 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 SUBRECIPIENTS shall certify and disclose accordingly. REALPROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 1 t4 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. SUBRECIPIENT AGREEMENT Page 13 of 21 17F B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood 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 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 Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. 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. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). SUBRECIPIENT AGREEMENT Page 14 of 21 XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this __ day of ,20 NAME OF SUBRECIPIENT (SUBRECIPIENT SEAL) BY: SIGNATURE BY: PRINT NAME Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney COLLIER COUNTY, FLORIDA BY: JOSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SUBRECIPIENT AGREEMENT Page 15 of 21 EXHIBIT "A" SCOPE OF SERVICES 17F- I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Co BUDGET: Line Item: CDBG Funds Other Total $ Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH. SUBRECIPIENT AGREEMENT Page 16 of 21 17F Uo STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. SUBRECIPIENT AGREEMENT Page 17 of 21 17F EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS 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 Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) o If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator __ Supervisor Dept Director SUBRECIPIENT AGREEMENT Page 18 of 21 17F EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 1~h of the following month. Status Report for Month of Submittal Date: 1. Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: 2. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 3. What events/actions are scheduled for the next two months? 4. 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. 5. List any additional data relevant to the outcome measures listed on the application for this project. SUBRECIPIENT AGREEMENT Page 19 of 21 6. New contracts executed this month (if applicable): 17F Name of Amount Contractor Ethnicity Race Contractor Contractor or of Federal ID (see (see Address Subcontractor Contract Number definitions definitions on & Phone on page page 21) No. 21) 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" on the next page. INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) as indicated by the attached income chart. Enter this number in box "2" on the next page. Of the households or persons assisted, are very low-income (31-50%)as indicated by the attached income chart. Enter this number in box "3" on the next page. Of these households or persons assisted, are low income (51-80%) as indicated by the attached income chart. Enter this number in box "4" on the next page. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number Extremely Very Low Income Female of Low income Low income (51-80%) Headed Households Household or Persons (0-30%) (31-50%) Assisted SUBRECIPIENT AGREEMENT Page 20 of 21 17F Subrecipients must indicate total beneficiaries for Ethnicity AND Race Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2. Not Hispanic or Latino: A person not or Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless or race. Definitions of Race: 1. 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. 2. 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. 3. Black or African-American: A person having origins in any of the black racial groups of Africa. 4. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. 5. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Tabulation Table of Ethnicity and Race Beneficiaries American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White SUBRECIPIENT AGREEMENT Page 21 of 21 Memorandum 17F To: Sue Filson From: Janeen D. Person-Coale, HUD Grants Coordinator Date: April 22, 2003 Subject: FY 03-04 Consolidated Plan One-Year Action Plan Signature Documents Attached are the Certifications and HUD Forms SF 424 regarding the Consolidated Plan One- Year Action Plan for FY 2003-2004, which is on the 4/22/03 summary consent agenda, item 17F. I am requesting these documents be presented to Commission Chair Tom Henning for his signature once the BCC has approved this item. Along with these documents, there is also a resolution for this item, and once all of these documents are signed, they need to be taken to Minutes and Records for recording and attestation. Thank you for your assistance with this matter. Financial Administration and Housing Department Community Development and Environmental Services Division COLLIER COUNTY, FLORIDA CONSOLIDATED PLAN 17F ONE-YEAR ACTION PLAN HUD FY 2003-2004 PROPOSED FOR ADOPTION DATE: APRIL 22, 2003 Collier County Financial Administration and Housing Department 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 (239) 213-2937 Collier County Board of Commissioners Department of Financial Administration and Housing Tom Henning, Chair Donna Fiala, Vice Chair Frank Halas, District 2 Fred W. Coyle, District 4 Jim Coletta, District 5 (.bunt),, Manager Jim Mudd CDES Administrator. Joseph K. Schmitt FAH Department Director, Denton Baker FAH Department Federal Granls Manager, Lee Combs HUD Grants ('oordinalor, Janeen D. Person-Coale lhe One-Year Aclion Plan was prepared by lhe slaj_]'of lhe Collier County Financial Administration & Housing Department Consolidated Plan One-Year Action Plan FY 2003-2004 Collier CounO'. Florida TABLE OF CONTENTS 17F INTRODUCTION .......................................................................................................................... I 1.0 EXECUTIVE SUMMARY .............................................................................................. 1 BACKGROUND .............................................................................................................................. 1 1 COMMUNITY PROFILE .................................................................................................................. LEAD AGENCY ............................................................................................................................. 4 PLAN DEVELOPMENT PROCESS .................................................................................................... 4 CONSULTATION WITH OTHER AGENCIES ...................................................................................... 5 GEOGRAPHIC LOCATION OF PROJECTS ......................................................................................... 5 SPECIFIC ACTIVITIES .................................................................................................................... 5 6 MONITORING ............................................................................................................................... 2.0 CITIZEN PARTICIPATION PROCESS ....................................................................... 7 3.0 FIVE YEAR STRATEGIC PLAN ................................................................................ 10 OVERALL PRIORITIES ................................................................................................................. 10 GEOGRAPHIC LOCATION OF PROJECTS ....................................................................................... 12 HOUSING STRATEGY .................................................................................................................. 13 HOMELESSN~SS STRATEGY (CONTINUUM OF CAi*E) .................................................................. 14 OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY ..................................................... 18 NON-HOUSING COMMUNITY DEVELOPMENT PLAN ................................................................... 20 PROPOSED ACCOMPLISHMENTS ................................................................................................. 22 REDUCTION OF BARRrERS TO AFFORDABLE HOUSING ............................................................... 23 REDUCTION OF LEAD-BASED PAINT HAZARDS .......................................................................... 23 ANTIPOVERTY STRATEGY .......................................................................................................... 24 PUBLIC HOUSING RESIDENT INITIATIVES ................................................................................... 25 FAIR HOUSING ........................................................................................................................... 25 SECTION 3 .................................................................................................................................. 25 INSTITUTIONAL STRUCTURE ...................................................................................................... 26 SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES ................................................. 28 4.0 ONE YEAR ACTION PLAN ......................................................................................... 29 APPLICATION ............................................................................................................................. 30 RESOURCES (FUNDrNG SOURCES) .............................................................................................. 31 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES .............. 33 ACTIVITIES TO BE UNDERTAKEN ................................................................................................ 39 HUD PROPOSED PROJECT TABLES ............................................................................................ 44 GEOGRAPHIC LOCATION ............................................................................................................ 67 5.0 MONITORING ............................................................................................................... 68 6.0 CERTIFICATIONS ........................................................................................................ 69 Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count); Florida -i - TABLE OF CONTENTS INTRODUCTION .......................................................................................................................... I 1.0 EXECUTIVE SUMMARY .............................................................................................. 1 BACKGROUND .............................................................................................................................. l 1 COMMUNITY PROFILE .................................................................................................................. LEAD AGENCY ............................................................................................................................. 4 PLAN DEVELOPMENT PROCESS .................................................................................................... 4 CONSULTATION WITH OTHER AGENCIES ...................................................................................... 5 GEOGRAPHIC LOCATION OF PROJECTS ......................................................................................... 5 5 SPECIFIC ACTIVITIES .................................................................................................................... 6 MONITORING ............................................................................................................................... 2.0 CITIZEN PARTICIPATION PROCESS ....................................................................... 7 3.0 FIVE YEAR STRATEGIC PLAN ................................................................................ 10 OVERALL PRIORITIES ................................................................................................................. 10 GEOGRAPHIC LOCATION OF PROJECTS ....................................................................................... 12 HOUSING STRATEGY .................................................................................................................. 13 HOMELESS~'~SS STRATEGY (CONTI~rO~ OF CA~) .................................................................. 14 OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY ..................................................... 18 NON-HOUSING COMMUNITY DEVELOPMENT PLAN ................................................................... 20 PROPOSED ACCOMPLISHMENTS ................................................................................................. 22 REDUCTION OF BARRIERS TO AFFORDABLE HOUSING ............................................................... 23 REDUCTION OF LEAD-BASED PAINT HAZARDS .......................................................................... 23 ANTIPOVERTY STRATEGY .......................................................................................................... 24 PUBLIC HOUSING RESIDENT INITIATIVES ................................................................................... 25 FAIR HOUSING ........................................................................................................................... 25 SECTION 3 .................................................................................................................................. 25 INSTITUTIONAL STRUCTURE ...................................................................................................... 26 SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITLES ................................................. 28 4.0 ONE YEAR ACTION PLAN ......................................................................................... 29 APPLICATION ............................................................................................................................. 30 RESOURCES (FUNDING SOURCES) .............................................................................................. 31 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES .............. 33 ACTIVITIES TO BE UNDERTAKEN ................................................................................................ 39 HUD PROPOSED PROJECT TABLES ............................................................................................ 44 GEOGRAPHIC LOCATION ............................................................................................................ 67 5.0 MONITORING ............................................................................................................... 68 6.0 CERTIFICATIONS ........................................................................................................ 69 Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida -i - INTRODUCTION Background and Purpose Title I of the National Affordable Housing Act established the requirement that states and local governments applying for direct assistance under certain U.S. Department of Housing and Urban Development (HUD) programs have a Consolidated Plan and yearly Action Plan approved by HUD. This documentation is required to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. The Consolidated Plan describes the strategic plan of the County that establishes its priorities for assisting low/moderate income households and identifies resources available to meet stated goals and objectives. The Annual Action Plan describes actions the County has taken related to the announced entitlement funds for that year. In 2003 Collier County is to receive HUD funds as a participating jurisdiction under the HOME program and the third year it will receive CDBG funds as an entitlement community. Consolidated/Action Plan Period Collier County is required to submit a Consolidated Plan to HUD at least once every five years. The County submitted its first Consolidated Plan in May of 2001. Through its' Board of County Commissioners, Collier will submit its' next five-year plan in May 2005. The document contained herein is the one-year Action Plan for FY 2003-2004. Lead Agency The Collier County Department of Financial Administration and Housing (FAH) is the lead agency responsible for overseeing the development of the Consolidated Plan and Annual Action Plan. Any questions or comments regarding this plan should be directed to the Collier County Department of Financial Administration and Housing, 3050 N. Horseshoe Dr., #275, Naples, FL 34104 (tel. 239 213-2937). Mission Statement The mission of the Collier County Financial Administration and Housing Department's grants and affordable housing programs are to meet the community's needs by facilitating the creation of aflbrdable housing opportunities; the improvement of communities and the sustainability of neighborhoods. These goals and objectives will be met by working collaboratively with non- profit groups, governmental agencies, and public/private coalitions to coordinate activities and effectively leverage the resources available to the entire County. Citizen Participation This document includes a summary of the citizen participation process including inputs, timeline, citizen comments and responses from the Collier County FAH Department (if applicable). Consolidated Plan One-Year Action Plan FY 2003-2004 Collier CounU, Florida 1.0 EXECUTIVE SUMMARY 17F BACKGROUND In 2001, Collier County, along with its participating cities of Naples and Marco Island, became eligible to directly receive federal funds on an annual basis through the Community Development Block Grant (CDBG) program. This program is administered by the U.S. Department of Housing and Urban Development (HUD). The goal of the Community Development Block Grant program is to develop viable urban communities by assisting low/moderate income households through physical development programs to: · Provide decent housing; · provide a suitable living environment; and · expand economic opportunities. In late 2002, Collier County was notified by officials from the U. S. Department of Housing and Urban Development (HUD) that Collier County has been designated as a HOME Investment Partnerships Program (HOME) participating jurisdiction (P J). HUD made this proposition based on year 2000 Census Data, which reflected that Collier County is now eligible to participate in this program. Created by the National Affordable Housing Act of 1990 (NAHA), the HOME program will provide funds to Collier County for the following: · Provide decent, affordable housing to low/moderate-income households; · expand the capacity of nonprofit housing providers; · strengthen the ability of state and local governments to provide housing; and · leverage private-sector participation. The Consolidated Plan concept was developed by HUD to incorporate the requirements for four separate entitlement programs: CDBG, the HOME program, the Housing Opportunities for Persons with Aids (HOPWA) program, and the Emergency Shelter Grant (ESG) program. Collier County does not currently have the required population to qualify for the HOPWA, or ESG programs, however department staff is available to provide technical assistance to local nonprofits in applying for these funds provided by HUD formula allocation to the State of Florida, Department of Children and Families. COMMUNITY PROFILE Collier County was created in 1923 from portions of Lee and Monroe counties. The County is located in the southern gulf coast of the Florida peninsula, west of the Miami-Ft. Lauderdale area. In Collier County, there are three incorporated cities: Naples, Marco Island and Everglades City. Naples, located in the western coastal area of Collier County, is the largest incorporated city. Starting in the late 1980s and throughout the 1990s, the County, which is also known as the Naples Metropolitan Statistical Area (MSA), had one of the highest percentages of growth of any MSA in the country. Everglades City and Marco Island respectively are south and east of the Greater Naples Urban Area. Consolidated Plan One- Year Action Plan FY 2002-2003 Collier CounO,, Florida Over a 30-year period, the county's population has grown from 38,040 in 1970 to an estimated 264,475 persons as of April 1, 2001. From 1980 until 1990, Collier County's population grew 77%, while the state grew by 33%, and the U.S. grew by 10%. Between 1990 and 2000, Collier County's permanent population increased by 99,278 persons, a 65% increase. Population 'Everglades City Marco Island N/A ! 14,879 Naples 19,505 20,976 Unincorporated 132,273~ 215,043 Source: U.S. Census Burea~ 2001. The County's population is projected to continue its strong growth over the foreseeable future. According to the Bureau of Economic and Business Research (BEBR) 2002 Collier's population increased 5.21 percent between April 1, 2000 and April 1, 2001. The County is expected to add almost 150,000 people during the next 15 years, with researchers projecting a Collier County population of 553,348 by 2030. Collier is one of four mid-sized Florida counties expected to increase by 110 percent or more over their 2000 populations. In addition to its permanent population, the County has a huge seasonal influx that swells its population during the warm winter season (November-April) by almost 40%. The vast majority of this seasonal population is affluent, which visit or maintain vacation homes in the County primarily along its coastal areas. In contrast, the Immokalee area in the northeastern section of the County, with a permanent population of 20,000 receives a seasonal influx of migrant workers who come each year to pick crops. These residents are typically some of the County's poorest. Populations group themselves into households. As of April 1, 2001, Collier County had an estimated 108,158 households, with an average household size of 2.40 persons. Of all the households, 73,914 (69%) are families, made up of related individuals. By comparison, only 64% of all U.S. households are families. Collier County has a higher median age compared with the statistical aggregate for the State of Florida. In 2000, the County's median age was 44.1 versus 38.7 for Florida. The state is projecting that Collier County's population will continue to age dramatically over the next seventeen years. Median Age in Collier County 1990 Census 40.5 2000 44.1 2010 48.6 2015 5O.9 2020 52.8 Sotcrce: Bureau of Economic and Business Research (BEBR) 2002 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Co~tn~., Florida -2- Almost one in four (24.5%) of the County's residents are aged 65 and over. Of these, over half (52.4%) are female. Someone over 55 years old heads half the households in the County. Households by Age - 2000 Under 25 2,888 3% 25 - 34 12,652 14% 35 - 44 15,722 17% 45 - 54 14,303 16% 55 - 65 14,397 16% Over65 30,668 34% Source: Claritas, Inc., 2001. The Hispanic population continues to increase in Collier County. This is a trend mirrored in much of South Florida with the Hispanic population representing 26% of the population growth during the 1990' s. Race/Ethnicity 1990 Census Total White A fric an-A m eric an American Indian/Eskimo/Aleut Asian/Pacific Island Mixed 152,099 100.0% 143,826 94.6% 7,202 4.7% 458 0.3% 613 0.4% Hispanic 20,730 13.6% Source: U.S. Census Bureau, 2001. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida -3- Collier County is also a very affluent community reflected by the high number of households (48%) with median incomes above $50,000 a year. The County's median family income of $61,400 (per HUD FY2003 median family income estimates) is the highest in Florida compared to $51,800 for the state and $54,400 for the U.S. In addition, the Naples MSA (which includes all of Collier County) has the second highest per capita income in the United States at $42,813, which is 157 percent of the national average. First on the list is the San Francisco MSA at $45,199. Households by Income - 2000 Under $15,000 8,488 9% $15-$25,000 10,658 12% $25-$50,000 28,527 31% $50-$75,000 18,949 21% $75-$100,000 8,927 10% Over $100,000 15,081 17 % Source: Claritas Inc., 2001. Households by Income $75- $100,000~ $50-$75,~ ~5-$50,000 Despite Collier County's median and per capita incomes, the average wage and salary earned by the County's worker is $29,553 (2000), which is below the state average of $30,038 and well below the average of $35,305 for the U.S. This is attributed to the fact that the largest employment sector is the service industry, which is a traditionally low paying industry. LEAD AGENCY The Financial Administration and Housing (FAH) Department of Collier County was the lead agency in the preparation of this Consolidated Plan/One-Year Action Plan. This department operates and administers the County's Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and State Housing Initiatives Partnership (SHIP) affordable housing programs. The FAH Department is also the lead agency for the annual Continuum of Care (CoC) application to HUD for the provision of housing and services to the homeless population. PLAN DEVELOPMENT PROCESS The One-Year Action Plan was drawn from a number of plans and documents. These include: Collier County's Five-Year Consolidated Plan (FY 2001-2005), the Housing Element of the County's Growth Management Plan, the Housing Assistance Plan for the State Housing Initiatives Partnership (SHIP) program, the Immokalee Area Master Plan, the County's Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida -4- iTF Continuum of Care process, the 2000 Census of Population and Housing, and the University of Florida's Bureau of Economic and Business Research data. CONSULTATION WITH OTHER AGENCIES The County consulted with its participating municipalities of Naples and Marco Island, Collier County Human Services Department, Collier County Housing Authority and the Collier County Hunger & Homeless Coalition, along with other county departments and various other housing and social service organizations in the development of this plan. GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non-housing community development projects will be performed on a countywide basis in low-income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. SPECIFIC ACTIVITIES There will be approximately $2,828,000 of CDBG funds (FY 2003-2004 allocation of $2,778,000 and FY 2002-2003 carry over amount of $50,000) available for community housing and non-housing needs. There will be approximately $793,929 of HOME funds available for the provision of affordable housing for low-income households. Following is the Use of Funds for the fiscal 2003-2004-program year: CDBG: Storm Drainage Improvements - Marco Island Park Improvements - City of Naples Affordable Housing Development Land Acquisition Infrastructure Support - East Naples Senior Housing - Immokalee Prescription Medications - Collier County Job Creation - Immokalee Senior Center Addition - East Naples Job Training & Support - Immokalee Education & Training - Immokalee HMIS - Hunger & Homeless Coalition Immokalee Youth Program Fair Housing - Education and Outreach Program Planning and Administration TOTAL $250,000 250,000 350,000 700,000 275,000 130,000 100,000 83,000 60,000 54,00O 50,000 50,000 3,000 473,000 $2~828,000 Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count, Florida -5- 17F HOME: CHDO set-aside Residential Rehabilitation assistance Down payment assistance Tenant Based Rental Assistance CHDO Operating Housing Delivery Cost Program Planning and Administration $224,179 225,000 100,000 100,000 37,000 33,750 74,000 TOTAL ~;793,929 MONITORING The County will perform on-site monitoring for federal, state and contract compliance of each of its sub recipients at least once per year. Technical assistance will be included with all monitoring activities. The monitoring program includes in-house review of every payment request. Prior to the end of each program year, an in-house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its' programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida -6- 17F 2.0 CITIZEN PARTICIPATION PROCESS The One-Year Action Plan was developed following the County's Citizen Participation Plan adopted on January 9, 2001. This Plan is included in the Appendix. While developing the Consolidated Plan FY 2003-2004 One-Year Action Plan, a time line was also produced to demonstrate the activities that should occur during the Consolidated Plan process as follows: CITIZEN PARTICIPATION ACTION PLAN FY 03-04 TIMELINES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM I Task DATE Revise application packet August 31, 2002 Citizens Advisory Task Force Meeting - Update Progress & Upcoming September 12, 2002 Application Cycle Send Public Hearing display advertisement requests to Naples Daily News September 20, 2002 & Immokalee Bulletin Press Release - Project update & Upcoming Application Cycle September 20,2002 First Public Hearing Notice Advertisements to run (15 days prior to the September 26, 2002 PH) Send Notice of Application Availability to the various non-profit September 26, 2002 organizations & community groups First Public Hearing - Immokalee (at 6 p.m. -Community Center) October 14, 2002 First Public Hearing - Golden Gate (at 6 p.m. -Community Center) October 16, 2002 Application Workshop - Immokalee (at 6 p.m. -Community Center) October 28, 2002 Application Workshop - Golden Gate (at 6 p.m. -Community Center) October 30, 2002 Applications due to FAH December 3, 2002 Staff review of applications to determine eligibility December 5, 2002 Deliver Application packets to CATF members December 6, 2002 Citizens Advisory Task Force Meeting - Review eligible applications December 12, 2002 FY 03-04 draft Action Plan preparation to be completed by staff February 21, 2003 Send availability of draft Action Plan FY 03-04 advertisement requests February 28, 2003 (English & Spanish) to Naples Daily News & Immokalee Bulletin Distribute draft Action Plan FY 03-04 to all libraries & Clerk's Office March 5, 2003 Availability of Proposed FY 03-04 Action Plan and 30 day public March 6, 2003 comment period Advertisements to run 30 day Public Comment Period begins March 7, 2003 30 day Public Comment Period ends April 7, 2003 Incorporate public comments into the final Action Plan April 8, 2003 Prepare resolution, executive summary & transmittal for 4-22-02 BCC April 9, 2003 meeting BCC approval of FY 03-04 Action Plan April 22, 2003 FY 03-04 Action Plan due to HUD (45 days prior to start of program year) May 15, 2003 FY 03-04 Program Year (7/l/03 to 6/30/04) begins July 1,2003 FY 03-04 Program Year ends June 30, 2004 Consolidated Plan One- Year Action Plan FY 2002-2003 Collier Co~tnO,, Florida 7 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM Task DATE Hold HOME TA Meeting with CHDO's serving Collier County December 19, 2002 Send Public Hearing display advertisement requests to Naples Daily News December 20, 2002 & Immokalee Bulletin Press Release - Project information & upcoming Application Cycle December 20, 2002 First Public Hearing Notice Advertisements to run (15 days prior to the December 23, 2002 PH) Complete information and application packet January 2, 2003 Send Notice of Application Availability to CHDO's serving Collier January 3, 2003 County First Public Hearing - Immokalee (at 6 p.m. -Community Center) January 6, 2003 First Public Hearing - Golden Gate (at 6:30 p.m. -Max Hasse Center) January 7, 2003 Deadline for Application packet from CHDO's serving Collier County January 21, 2003 Staff review of applications to determine eligibility January 31, 2003 Complete contract proposal for TBRA January 31, 2003 FY 03-04 draft Action Plan preparation to be completed by staff February 21, 2003 Send availability of draft Action Plan FY 03-04 advertisement requests February 28, 2003 (English & Spanish) to Naples Daily News & Immokalee Bulletin Distribute draft Action Plan FY 03-04 to all libraries & Clerk's Office March 5, 2003 Availability of Proposed FY 03-04 Action Plan and 30 day public March 6, 2003 comment period Advertisements to mn 30 day Public Comment Period begins March 7, 2003 30 day Public Comment Period ends April 7, 2003 Incorporate public comments into the final Action Plan April 8, 2003 Prepare resolution, executive summary & transmittal for 4-22-02 BCC April 9, 2003 meeting BCC approval of FY 03-04 Action Plan April 22, 2003 FY 03-04 Action Plan due to HUD (45 days prior to start of program year) May 15, 2003 FY 03-04 Program Year (7/1/03 to 6/30/04) begins July 1, 2003 FY 03-04 Program Year ends June 30, 2004 Consoli&tted Plan One-Year Action Plan FY 2003-2004 Collier Count, Florida -8- Citizen input on housing and community development needs for the fiscal year 2003-2004 CDBG program was sought at two public hearings held in Immokalee (10/14/02) and in Golden Gate (10/16/02). Meeting notices were advertised in both English and Spanish, and a Spanish- speaking staff person attended both public hearings. The meeting notice was published in two newspapers (general circulation- Naples Daily News and a local paper - Immokalee Bulletin). A public solicitation process was utilized to solicit potential CDBG projects. Application workshops were held in Immokalee (10/28/02) and in Golden Gate (10/30/02) to answer questions and assist various social service agencies and the public in completing project applications. Citizen input on affordable housing needs for the fiscal year 2003-2004 HOME program was sought at two public hearings held in Immokalee (01/06/03) and in Golden Gate (01/07/03). Meeting notices were advertised in both English and Spanish, and a Spanish-speaking staff person attended both public hearings. The meeting notice was published in two newspapers (general circulation- Naples Daily News and a local paper - Immokalee Bulletin). The notice of draft One-Year Action Plan availability was published for a 30-day public comment period beginning on March 6, 2003. The advertisements are both in English and Spanish. The notice was published in two newspapers (general circulation- Naples Daily News and a local paper- Immokalee Bulletin). The draft plan was also available for public review in all county libraries as well as in the County's Financial Administration and Housing Department. The public comment period was from March 7, 2003 to April 8, 2003. The County received no written comments on this document. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count., Florida -9- 3.0 Five Year Strategic Plan OVERALL PRIORITIES Collier County is a drastically dichotomous community, with a large number of residents, full- time and seasonal, representing affluence and wealth concentrated in Collier's coastal areas. The County's working-poor residents are mainly concentrated in several non-coastal areas, particularly in the Immokalee community. Adding to this mix is the influx of affluent seasonal tourists, and it is clear that Collier County's economy is primarily based around meeting the consumer needs of the affluent population. The County's workforce, a large portion of which is employed in low-paying retail and service jobs, also represents the widening economic gap between segments of the County's population. With the ever growing demand to meet the consumer needs of the County's affluent majority, the working-poor households have trouble finding affordable housing and employment, especially during the off-season period. Yet, maintaining a high quality workforce has been identified as key criteria for the County's long-term success in the marketplace. Immokalee, with an economy based on citrus, vegetables, and cattle, is the County's agricultural center. During the fall and spring harvest seasons, farm laborers, produce brokers, and buyers migrate to the community, more than doubling its permanent population of approximately 20,000. This migration makes Immokalee one of the most culturally diverse communities in the area. In addition to agriculture, residents provide a source of labor for the coastal hospitality, landscape, and construction industries. Unfortunately, many of these service jobs pay low wages and offer limited or no benefits. As a result, income levels remain low. Because Immokalee is located 34 miles northeast of Naples its very location, coupled with its cultural diversity and migratory population presents additional challenges to its residents in obtaining affordable housing and economic self-sufficiency. Therefore, the County's highest priority will be to support the provision of affordable housing for its low-income (below 50 % of MFI) working poor residents. Another way of assisting low-income people toward self-sufficiency is through providing better paying employment. Collier County through its Economic Development Council has as its major goal the economic diversification and attracting and retaining industries that will provide these employment opportunities. Collier County has successfully received CDBG grants from the State of Florida's Small Cities program. Supporting economic diversification will be the County's second highest priority. The County and its participating municipalities have identified three areas of low-income households where public facilities and improvements are needed. It is anticipated that as a result of the 2000 Census (HUD's information is expected to be released in 2003), other low-income areas may be identified. Public facilities and improvements for iow-income people will be the County's third priority. Collier County, unlike most counties in Florida, does not fund any social services for its low- income residents. Unfortunately, only 15% of the County's CDBG funds can be expended for public services. Social services for the County's poverty level residents will be priority four. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier CounU, Florida - 10- 17F Overall program goal: Economic Diversification Affordable Housing Social Services Neighborhood Improvements The Consolidated Plan Priority Needs Table provides a summary of the County's projected five year housing and community development priority needs. These priorities will enable the County to assist its low-income residents in their efforts to achieve self-sufficiency. While the County has identified certain numerical goals and strategies for its housing and community development accomplishments for the next five years (FY 2001-2002 to 2005-2006), a strategy can and should also include operations and priorities. There are certain operational imperatives and priorities that will be used to guide the selection of activities and projects. These include: Activities that can support the provision of affordable housing for low-income households. Public improvements in designated target areas, cooperating municipalities, or other low-income areas. Activities that assist lower income persons to achieve self-sufficiency. Services to provide urgent/emergency health and shelter needs to poverty level residents. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida -11- 17F pROJECT SELECTION/OPE~TIONAL ~PERATIVES I Because the needs outweigh the resources, the County will always receive requests for funding that exceed its total grant amount. Forced to choose among good projects, the County will utilize the following certain imperatives to establish its Annual Plan. Activities that return funds to the program, such as loan repayments, will be encouraged. Activities that request funds for salaries will be given a low priority unless funds from another source will be committed for future salaries. Activities will not be funded unless the applicant has developed realistic cost estimates and timelines, is financially stable, and has the capacity to complete the activity. Program recipients (non-profit organizations, cities, etc.) will be expected to provide matching funds and/or otherwise participate in the cost of their project. Financial participation will be expected of individual recipients, particularly for property improvement programs and homeowner housing programs (excepting certain emergency situations). Organizations requesting funds will be expected to have sought funding from other appropriate sources before applying to the County. Housing development programs and property improvement programs are expected to use quality, long-lasting materials that require a minimum of maintenance or upkeep. Recipient organizations must have acceptable past and/or current performance on County-funded projects. Cost per unit (housing or service units) will be considered in evaluating proposals. PROCEDU~L SYSTEMS I Problems and priorities can change from year-to-year. In order to be responsive to the needs of the County's low-income residents, the County will annually review and refine the priorities. Any changes to the priorities will be published in the annual Notice of Funding Availability (NOFA). Recommendations for funding will be made to the Board of County Commissioners by the Financial Administration and Housing Department. Only agencies/organizations that participate in the competitive funding process of the Consolidated Plan will be considered for funding, with programs to begin July 1 of each year. No requests will be funded at any other time during the year except as a result of a Request for Proposals, or for urgent/emergency purposes as determined by the Board of County Commissioners. GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non-housing community development projects will be performed on a countywide basis in low-income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Flori&t - 12- HOUSING STRATEGY Rationale for Housing Priorities As the Priority Needs Summary Table shows the County has directed its housing assistance priorities toward helping those households facing the most difficulty in the marketplace. Thus the County assigned its highest priority to helping its renter or owner households that have very low incomes and are paying over 50% of their income for housing and/or live in substandard housing. The County has assigned a low priority to helping those households with incomes between 51% and 80% of the median that have less housing problems; and a low priority to helping those households with incomes above 80% of the median. An analysis of the County's housing market found that for all intents and purposes, the private sector housing market is not providing any new housing, either rental or owner affordable to households making below 50% of the median family income in 2000. How Market Characteristics Influenced Use of Funds The high cost of housing within the County was the primary use of funds. influence on the County's proposed Obstacles The major obstacle to meeting all the County's affordable housing needs is a lack of funds and land costs. Proposed Accomplishments: FY 2001-2005 The following tables outline the County's proposed accomplishments for the fiscal years 2001- 2002 to 2005-2006. AFFORDABLE HOUSING Priority Need One: Eligible Owner Households Strategies to Address the Proposed Five Year Problem Actions and Programs Accomplishments Comments/Concerns Homeownership Assistance Low Provide downpayment/closing 500 low-income households Utilize SHIP/CDBG/HOME Income cost assistance/impact fee relief attain Homeownership. funds for this purpose. Homeownership Assistance Acquire land/install infrastructure 100 very-low inco~ne households Participate with Habitat for Very- Low Income for affordable housing attain Homeownership. Humanity. Homeownership Assistance Support CHDO's in development 12 very-low/low income Utilize HOME funds through Very-Low/Low Income of affordable housing households attain CHDO's for this purpose. opportunities Homeownership over 3/yrs (2003-2005). Housing Rehabilitation Housing hnprovement Programs Provide repairs to 25 owner- Utilize SHIP/CDBG/HOME occupied units, dollars for this purpose. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 13 - 17F Priority Need Two: Eligible Renter Households Strategies to Address the Proposed Five Year Problem Actions and Programs Accomplishments Comments/Concerns Construction of new affordable Utilize local funds to leverage 250 new subsidized apartment Utilize SHIP funds to leverage rental units federal/state rental construction units state ~unds/tax credits programs Rehabilitate older units Acquisition/rehabilitation of 25 rehabilitate affordable rental Availability of units small rental projects units Subrecipient organization capacity Rental Assistance for poverty Acquire land/construct new rental 25 affordable rental units Utilize CDBG/SHIP funds level households units Rental Assistance Very- Support CHDO's in development 15 very-low/low income Utilize HOME funds through Low/Low Income of affordable rental/transitional households attain affordable CHDO's for this purpose housing opportunities rental/transitional housing over 3/yrs (2003-2005). Rental Assistance for poverty Provide Tenant Based Rental 20 affordable rental units for Utilize HOME funds level households Assistance subsidies through 3/yrs (2003-2005). local PHA. HOMELESSNESS STRATEGY (CONTINUUM OF CARE) Continuum of Care is a relatively straight forward management concept: to effectively address the needs of the Homeless, a combination of services, often provided by different agencies, must be brought together in a coordinated manner to help move a family from homelessness to self sufficiency. When the underlying problem is economic, a more comprehensive governmental response including social services, job training and affordable housing is required to move low-income households from governmental and/or social service organization dependency to self-sufficiency. Moving From Dependency to Self Sufficiency ECONOMIC DEVELOPMENT SELF SUFFICIENCY COUNTY COMMUNITY COLLEGE HOUSING PARTNERSHIPS SOCIAL SCHOOL DISTRICT SERVICES Effectively addressing self-sufficiency will require a countywide public/private partnership that brings together in a coordinated effort all of the groups that traditionally deal with the problems on a separate basis. In furthering that partnership, Collier County will be the 'Lead Agency' for the annual Continuum of Care grants process beginning with the FY 2003 submission. County FAH department staff will also be available to provide technical assistance to all CoC applicants. As part of such a self-sufficiency program, counties are also increasing their economic and business development efforts to provide more jobs for their communities. Affordable housing Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 14- 17F also helps in these efforts because its availability is now an important criterion in business location decisions. The following provides a conceptual Structuring of a Continuum of Care system. Continuum of Care System Outreach Intake Assessment Shelter ~ I Housing Permanent Housing Housin~g ~ The fundamental components of a continuum of care system: · First, there must be an emergency shelter/assessment effort which provides immediate shelter and can identify an individual's or family's needs. The second component offers transitional housing and necessary social services. Such services include substance abuse treatment, short-term mental health services, independent living skills, etc. · The third and final component, and one which every homeless individual and family needs, is permanent housing or permanent supportive housing arrangements. While not all homeless individuals and families in a community will need to access all three components, unless all three components are coordinated in a community, none will be successful. A strong homeless prevention strategy is also a key to the successful implementation of the Continuum of Care (CoC). With over fifty Coalition members, the Continuum of Care planning process is now sufficiently institutionalized and CoC committee meetings are held monthly to discuss CoC progress, development and coordination issues. This augments the monthly meetings of the larger Collier County Hunger and Homeless Coalition (CCHHC), which plays the role of facilitator as well as provides the dissemination point for information to member agencies as well as the community in general. At each monthly membership meeting of the CCHHC, progress updates on the CoC process are provided by the CoC Committee. Through these on-going efforts, the Collier County Continuum of Care has now become a recognized and institutional part of the local service delivery model. The CoC has established its own identity and function distinct from that of the larger CCHHC. Various standing committees have been developed and are active on a year-round basis in the Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Co,mO', Florida 15- 17F local community, with a goal toward enhancing collaboration of homeless services throughout the county. Homeless awareness activities also continue to be on going, improving public awareness and support for community services. An annual homeless census is a standard procedure providing original and updated data for the County's Consolidated Plan/One-Year Action Plan. There exists a continuing effort to enhance CoC involvement from within as well as outside the membership of the CCHHC. The CoC Committee, through consistent and meaningful representation from government and private sector mainstream services, has resulted in increased coordination of services targeted specifically to homeless individuals and families. More than any other component, local leaders have been stressing these mainstream connections to enhance collaboration and utilization targeted to homeless individuals and families. These resources are increasingly seen as a structural element within the Collier County Continuum of Care system. Strategy for Prevention The County's social service agencies will continue to provide short-term aid, supportive services and counseling to families that are in danger of becoming homeless. The development and implementation of a Homeless Management Information System (HMIS), planned for the spring of 2004, will provide the County's social service agencies with more reliable data Strategy for Outreach The County's nonprofit service providers will continue to provide outreach services to the County's homeless population. The 2003 homeless census included two get-help clinics, one in Immokalee and one in Naples, to provide outreach services to homeless individuals and families. The success of these clinics will determine their number and scale in the future. During the next five years, in conjunction with the County's collective service providers, the County will work to improve its strategy for outreach to families in need of assistance. As CoC Lead Agency, the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Collier County's homeless population is relatively invisible to the general public. Most individuals and families live in either emergency or transitional shelter facilities operated by social service agencies, or due to the limited number of these facilities are hidden in small camps dispersed throughout the county. On February 21/22, 2003 the third annual homeless census was held for a 36-hour period. CCHHC members and community volunteers, organized by the Coalition counted an **estimated 650 homeless men, women and children at labor pools, in the woods, on the streets, in hospital emergency rooms and detoxification centers, in emergency shelters and in transitional housing programs. This number is in comparison to 585 counted in 2001 and 608 counted in 2002. It is known that some hidden homeless were uncounted and most social service professionals think the actual number of homeless in Collier County is underreported. Consolidated Plan One- Year Action Plan FY 2003~2004 Collier CounO', Florida - 16- 17F Strategy for Shelter, Transitional Housing and Supportive Service Needs The County's nonprofit service providers will continue to provide direct emergency shelter, transitional housing and supportive services to the County's homeless. During the next five years, in conjunction with the County's service providers, the County may provide additional shelter assistance to families in need of assistance. In 2002 the County collaborated successfully with the CCHHC in obtaining a State of Florida Housing Assistance grant for a faith-based provider to expand its transitional housing and supportive services program for the homeless. The County in its role as CoC Lead Agency will continue to effectively collaborate with local service providers in researching and applying for appropriate homeless program funding opportunities. Strategy for Independent Living The County's nonprofit service providers will continue to provide independent living services to the County's homeless. As CoC Lead Agency, the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Rationale for Homeless Priorities Based on the Continuum of Care Gaps Analysis the County believes that the highest priority for providing homeless assistance should first be provided to families, especially those that are the victims of domestic violence. The County has assigned a lower priority to assisting homeless individuals or those homeless with special needs related to mental illness and/or alcohol and/or drug abuse. However, with HUD's newly created focus on ending Chronic Homelessness, this priority may undergo significant changes in the future. Obstacles The major obstacle to meeting the needs of the homeless is the lack of funds complicated by the lack of local support for using general revenue tax dollars to fund homeless programs. Federal programs for the homeless are currently granted on a competitive versus allocated basis that do not necessarily address unique community concerns. Presently Collier County does not fund social services of this type and the County does not yet qualify to receive Emergency Shelter Grant funds directly from HUD. However, as CoC Lead Agency the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Proposed Accomplishments The County will provide services to 20 homeless families over the fiscal years 2001-2002 to 2005-2006. **As of this writing, the number for the 2003 Homeless Census had not been tabulated. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Coun(v, Florida -17- OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY 17F Rationale for Priorities The following analysis examines the housing and supportive needs of elderly and grail elderly households, severely mentally ill households, developmentally and physically disabled households and persons with alcohol or other drug addiction or persons with AIDS and related diseases. The table below compares the number of persons with special housing needs with the number of existing group home or facility beds for those needs and the number of additional beds needed. Statewide prevalence rates, provided by Florida's Development Disabilities Planning Council, were used to determine the potential needs of Collier County. Special Needs population~ Residential Beds and Unmet Needs Statewide County Existing Unmet Special Needs Population Rate Needs Beds Needs Children .00062 139 1,540 none Frail Elderly .00476 1,066 1,167 none Developmentally Disabled .00075 168 10 158 Mentally Ill .00154 345 0 0 Source: Florida Developmental Disabilities Planning Council, 1999. Frail Elderly While proposed spending cuts may reduce the amount of support, the Florida Department of Children and Families (DCF) currently has enough supplemental assistance dollars to place low- income elderly in Assisted Care Living Facilities (ACLF's). Nine facilities with a capacity of 605 provide nursing care. There are 562 nursing home beds in Collier County. The County has assigned this a low priority. Children in Foster or Special Care The need for additional foster and special care facilities for children is not critical in Collier County. The County has assigned this a low priority. Persons with Physical Disabilities Two facilities, with a capacity of 10 beds, provide care for persons with physical disabilities. The County has assigned this a low priority. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Flori&t -18- 17F Persons with Developmental Disabilities There is a potential need for 158 additional beds in Collier County for persons with developmental disabilities per the 5-year Consolidated Plan. The County has assigned this a low priority. Mental Health Consumers Rather than house mental health consumers in special facilities, it is more effective to integrate them into the private housing market while providing material, emotional and skill training support through outreach and walk-in clinics. The County has assigned this a low priority. Persons with Alcohol/Other Drug Addiction The primary needs of this group are for 30-day detoxification housing and long-term medical care. The County has assigned this a low priority. Persons with AIDS Neighboring Lee County has received a Continuum of Care grant to serve as the region's center for AIDS housing. However, local nonprofit organizations serving the AIDS population in Collier are researching funding opportunities to provide a local housing program combined with support services. This population requires improved data collection to determine housing/service needs, especially with regard to the Immokalee area. Obstacles Insufficient funding as well as a lack of a directed community planning process to address the needs of the County's special populations are identified as obstacles to meeting the needs of this group. Proposed Accomplishments For the reasons stated above, the County has assigned this area a low priority for governmental action and does not intend to undertake activities in this area at this time. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CounU, Florida -19- NON-HOUSING COMMUNITY DEVELOPMENT PLAN The following information subdivides this strategy into categories. A. Acquisition 17F individual CDBG-eligible activity The County will acquire land for affordable housing and acquire land for necessary public facility improvements, such as parks, storm drainage and roads. B. Disposition The County does not expect to undertake any disposition activities with federal funds. Sub recipients undertaking acquisition/rehab/resale projects may be involved in disposition. C. Public Facilities and Improvements The County will make improvements, such as road paving, storm drainage, public utilities, park and recreation improvements, and community centers. D. Clearance The County may demolish and remove unsafe structures. E. Public Services The County Human Services Department will provide public services for low and moderate- income households. F. Interim Assistance The County does not intend to undertake any interim assistance. G. Payment of Non-Federal Share The County may utilize CDBG to pay a non-federal share of another grant if opportunities to leverage other funds arise. H. Urban Renewal Completion The County has no urban renewal projects. I. Relocation The County has planned no activities that will require relocation. Certain SHIP rehabilitation may however cause a small amount of displacement. J. Loss of Rental Income The County has planned no activities that will result in the loss of rental income. K. Removal of Architectural Barriers The County has planned no activities to remove architectural barriers, except in the course of its rehabilitation activities. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 20- L. Privately Owned Utilities The County has planned no activities that involve privately owned facilities. M. Housing The County will support its SHIP and affordable housing programs. N. Rehabilitation and Preservation The County may provide funding for housing rehabilitation and preservation. O. Economic Development The County will continue to provide economic diversification support and job training as part of its antipoverty strategy and in support of the State of Florida's WAGES welfare to work program. P. Special Activities by Sub recipients No special activities are planned at this time; however, the County will be receptive to proposals that further its objectives. Q. Planning and Capacity Building Activities The County will undertake planning and capacity building programs for its' Community Housing Development Organization (s), nonprofit organizations and all sub recipients. R. Administrative Costs The' County will administer the program. Rationale for Priorities The analysis of need found that the County should focus its efforts on assisting low-income households in their efforts to achieve self-sufficiency. Obstacles Although the County has insufficient funding to meet all of the identified needs, the County will be developing neighborhood revitalization plans for each potential target area and use those plans to guide its program activities. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Count5,, Florida -21 - 17F PROPOSED ACCOMPLISHMENTS The £ollowing charts display the County's proposed accomplishments. Table below lists the connty's non-housing community development proposed accomplishments by CDBG-eligible category. FIVE YEAR NON-HOUSING COMMUNITY DEVELOPMENT STRATEGY SUMMARY BY CDBG ELIGIBLE CATEGORY CATEGORY ACTIVITY BUDGET ESTIMATE A. Acquisition Land Acquisition $ 1,000,000 B. Disposition None Planned $ C. Public Facilities and Improvements Low-Income Area Improvements $ D. Clearance DemolitiordRemoval o£ Unsafe Structures $ E. Public Services Public Services $ F. Interim Assistance None Planned $ G. Payment of Non-Federal Share None Planned $ H. Urban Renewal Completion None Planned $ I. Relocation None Planned $ J. Loss of Rental Income None Planned $ K. Removal of Architectural Barriers None Planned $ L. Privately Owned Utilities None Planned $ M Housing Affordable Housing Support $ N. Rehabilitation and Preservation Housing Rehabilitation $ O. Economic Development Economic Diversification Support $ P. Special Activities by Subreeipients None Planned $ Q. Planning and Capacity Building Costs $ $ R. Program Administrative Costs 3,000,000 50,000 1,500,000 1,500,000 250,000 1,000,000 100,000 2,035,000 FIVE YEAR TOTAL for ALL ACTIVITIES: $ 10,435,000 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Count5', Florida - 22 - 17F REDUCTION OF BARRIERS TO AFFORDABLE HOUSING In 1993, as part of a state-mandated affordable housing regulatory reduction self-review system, the County reviewed all of its development regulations in detail. The purpose of this review, was to wherever possible, reduce the cost of housing. As part of the 1993 review, the County reduced additional standards and adopted additional incentives to increase housing affordability, based on the recommendations made by the Affordable Housing Advisory Committee. (See the Collier County "Affordable Housing Incentives Plan" report to the state Housing Finance Corporation) In addition, Collier County has also created the Workforce Housing Advisory Committee. This Committee is a ten-member citizen group appointed by the Board of County Commissioners in November 2001. Through regular meetings they are charged with analyzing and developing programs, policies, and procedures for Collier County to enhance and increase the supply of affordable housing throughout the community. Some specific areas of study the Committee has focused on include: Inclusionary Zoning, Impact Fees, Land Development Code Amendments, Growth Management Plan Amendments, Land Trusts and public funding of a start-up non-profit Community Housing Development Organization (CHDO). The Committee's final recommendations and report are due to the Board of County Commissioners at a Workforce Housing Workshop Scheduled for April 4, 2003. Collier County has also significantly reduced its development processing times and established a one-stop permit center. These included: the waiver and/or deferral of impact fees, density bonuses; and the reduction of parking and setbacks, allowing zero-lot line developments. The County also followed state law and enacted regulations that allow group homes in all its residential zoning districts. The County, through the Housing Element of its Comprehensive Plan, must also ensure the availability of sufficient sites, with supporting infrastructure, for its affordable housing needs. These actions have reduced the regulatory barriers to affordable housing in Collier County. REDUCTION OF LEAD-BASED PAINT HAZARDS The County, through its Board of Health continues to monitor and respond to all suspected cases of lead poisoning. However this continues to be a very minor problem in the County, primarily due to the newness of the County's housing stock. The Collier County Health Department has targeted two (2) zip codes (34102 & 34103) areas for potential childhood lead poisoning cases screening. These two areas contained housing stocks that are pre-1970. A map of a childhood lead poisoning screening map is included in the section 4.0 One-Year Action Plan, Geographical Location. The Collier County Health Department is the leading agency that monitors lead poisoning cases. In 2002, there were 50 reported cases of Lead Poisoning in Collier County (Blood Lead Levels > 10). The Blood Levels (BLLs) were all determined from venous drawn blood. They ranged from a high of BLL 56 down to BLL 10. None of these cases reported were determined to be a result of housing stocks. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 23 - 17F The leading cause of Lead poisoning determined by the County's Health Department investigations was due to recent emigration from lead prone areas. In the majority of reported cases (33 cases), effected people were recent immigrants arrived from lead prone areas (Haiti - 28; Mexico - 4; Connecticut - 1). The Housing Authority has tested their units for lead-based paint and the Housing Authority has resident information programs regarding this matter. ANTIPOVERTY STRATEGY Collier County has several initiatives designed to reduce unemployment and increase economic opportunities for its poverty level residents. First, the County has an ongoing Economic Development Program. In 1995, Collier County formed a public/private partnership with its business community to significantly expand the County's economic development activities. The Economic Development Council of Collier County was charged with diversifying the County's economy. The partnership has been highly successful. Between 1995 and 2000, Collier County has added 21,116 new jobs, a 28% increase. This was three times the rate of neighboring Lee County (9%) the regional center and almost three times the statewide rate (11%). In addition, the County has made significant efforts to improve economic conditions in it low- income agricultural area of Immokalee. The County completely upgraded the general aviation airport, and had the portion of the airport (60 acres) designated as a Foreign Trade Zone (#213) and a State Enterprise Zone (#1101), which offers tax incentives to companies that locate there. The area has been designated as a Rural Federal Enterprise Community by the U.S. Department of Agriculture, which enabled the County to offer federal tax credits to companies that locate there. USDA provides $250,000 a year in seed money over the next ten years (1999-2010). This grant is being matched by the State Department of Community Affairs and is being administered by the Empowerment Alliance of Southwest Florida. The County has successfully opened a business incubator in Immokalee, and completed infrastructure and facade improvements to Main Street Immokalee, which is now part of the Main Street program. Second, as an important component of this economic development effort, the Florida Gulf Coast University funds a Small Business Development Center (SBDC), which teaches potential business people how to successfully start a new company. As a major new initiative, the SBDC has also begun customized job training programs that train local residents (most of whom are unemployed or underemployed) to take specific jobs at new or expanding programs. Third, in conjunction with the state's WAGES, Welfare to Work Program, the County, through Florida Gulf Coast University provides both life skill and customized job training for the County's low-income residents. These courses are designed to help under skilled workers obtain jobs in the private sector. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Count, Flori&t - 24 - Fourth, the Southwest Florida Workforce Development Boards, Inc. One-Stop Community Career and Service Centers provide a network for comprehensive services and labor market information for employers, workers and job seekers. This organization is a partnership between business, labor, education, community, and government services. The 42-member Board oversees workforce development initiatives in Southwest Florida, which is compromised of Charlotte, Collier, Glades, Hendry, and Lee Counties. In Collier County, the SW FL Workforce Development Boards, Inc. provides one-stop facilities in Naples and Immokalee. Lastly, the FAH department actively seeks Economic Development applications through our CDBG process from for-profit and non-profit organizations alike. Collectively, these efforts represent a realistic County-level antipoverty strategy. PUBLIC HOUSING RESIDENT INITIATIVES The Collier County Housing Authority plans to implement a homeownership program and informs and encourages residents to participate in various affordable housing programs. FAIR HOUSING The County adopted its Fair Housing Ordinance on November 4, 1986, and amended the ordinance on February 4, 1992. The County has also adopted an anti-displacement plan and plans no activities that will require displacement within its FY 2001-2005 Consolidated Plan. CDBG funds were utilized to prepare an Analysis of Impediments to Fair Housing, which was revised in August of 2002 and approved by HUD's Office of Fair Housing and Equal Opportunity (FHEO) on December 23, 2002. The following are proposed actions to affirmatively further fair housing in the county: · Board of County Commissioners will pass a proclamation declaring April as Fair Housing month. · Prepare and advertise Fair Housing Month with ads in both local newspapers in English /Spanish. · Post Fair Housing notices and Fair Housing pamphlets (English/Spanish) to all the County's social service agencies. · Conduct Fair Housing seminars. · Education & Outreach to further fair housing choices. · Set aside CDBG funds to affirmatively further Fair Housing activities. SECTION 3 The following activities will be conducted by Collier County to comply with Section 3: · Develop and implement a process for Section 3 programs for HUD-funded projects. · Increase number of identified section 3 businesses. · Coordinate section 3 program · Education and outreach to promote section 3 programs. · County will continue to promote participation by businesses owned by minorities, women and disabled persons. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Cot~nty, Florida - 25 - 17F INSTITUTIONAL STRUCTURE Collier County will utilize a number of nonprofit housing and social service provider partners through a yearly request for proposal process to carry out its various housing and community development activities. The County will carry out its community development program directly and in conjunction with its local cities. Strengths/Gaps Assessment There are no real gaps in the County's institutional structure. The County's use of independent nonprofit housing and homeless service providers offer the opportunity to effectively utilize its existing agencies and develop new organizations. Organizational Relationships with Public Housing Authority Due to the growing population of Collier County and the limited number of Section 8 vouchers available, the County will continue to work with the Collier County Housing Authority to expand the availability of poverty level rental housing. To meet this objective, the County will designate a portion of its proposed allocation of HOME funds for a Tenant Based Rental Assistance (TBRA) program with the Collier County Housing Authority (CHA). These funds will be administered by the CHA and will follow the same tenant qualification guidelines as the Section 8 voucher program. TBRA funds may be used for monthly rental subsidies, utility deposits and security deposits. As a partner, the Collier County Housing Authority will be responsible for the administration of this program including the inspection of rental properties for certification of suitability and the income qualification of tenants. This program will be administered countywide. Overcoming Gaps The Financial Administration & Housing Department, and its network of CDBG/housing sub recipients, is effectively organized to utilize the funding it receives through various state/federal programs. The County has also actively sought discretionary grants from both state and federal agencies. The only major gap in this service provision is in the area of rental housing for extremely low-income households. The provision for this type of housing has traditionally been a federal/state responsibility through HUD and various federal/state programs. The reauthorization of the federal tax credit program for low-income rental construction now means that the private sector once again has the incentive to construct new rental housing. The tax credit, combined with the State Apartment Incentive Loan (SAIL) Program, which provides a developer with an additional state subsidy for low-income apartment construction, has made this type of construction economically viable. In addition, the state significantly increased its SAIL funding, which doubled in FY 1995/96 when the state's second half-cent documentary stamp tax for housing began. Unfortunately, these two programs typically do not reach the extremely low- income (below 30% MFI) renter households who are having the greatest problem. (Note: The Florida Housing Finance Corporation has just developed a special rental program that can assist households as low as to 25% of MFI.) The County intends to develop a plan to increase the supply of subsidized rental housing. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count., Florida - 26- In relation to homelessness, Collier County's nonprofit institutional structures currently provide the County with a response mechanism to its homeless population. As the Continuum of Care strategy continues to develop in the County and additional stakeholders participate in the process, the County anticipates its response to homelessness will expand proportionate to the needs of this population and the CoC strategies identified to address those needs. Organizational Cooperation Strategy The Department of Financial Administration and Housing will continue to be the primary entity responsible for coordinating and implementing these programs. In some cases, funds will be passed through to nonprofit and for profit housing providers and certain municipalities/government agencies through interlocal agreements or subrecipient agreements. Collier County does not have a local housing finance authority. It is served by the Florida Housing Finance Corporation jurisdiction. The authority uses tax-exempt bond financing to assist low and moderate-income homebuyers and rental developers. This tax-exempt status generally results in a lower rate of interest than what is available conventionally. Collier County has identified the following entities that will deliver and manage specific housing assistance and community development programs: Home Investment Partnerships (HOME) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients using a Request for Proposal process. Community Development Block Grant (CDBG) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients using a Request for Proposal process. Emergency Shelter Grants (ESG) Program - The County does not directly receive ESG funds, but FAH Department staff is available to provide technical assistance as needed to any applicants serving Collier County. Shelter Plus Care - Collier County will support existing and future applications for funds from this source by a nonprofit agency that will manage, implement and deliver all services. The County will be the Lead Agency for this application and provide technical assistance as needed. Safe Havens - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Rural Homeless Housing - Collier County will encourage apPlications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count', Florida -27- , 17F Section 8 Rental Vouchers and Certificates Program - The Collier County Housing Authority administers these programs in Collier County. The Department of Housing and Urban Development (HUD) monitors all such programs. Farmers Home Administration Guaranteed Loan Program - Collier County will support any nonprofit making application for this program. Farmers Home Administration Single-Family Program - Loans are available to eligible individuals through this entity. Collier County's role is one of referral and support. Transitional Housing Grant - The County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Community Services Block Grant - The Immokalee Multicultural Multipurpose Community Action Agency (IMMCAA) received the County's very first Community Services Block Grant. The County will support IMMCAA's efforts in administering these funds. Permanent Housing for the Handicapped - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Other Federal Discretionary Funding - (SAFAH, Permanent Housing for the Homeless Handicapped, Supportive Housing for Persons with Disabilities, etc.) The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. Other State Programs: (Elderly Homeowner Rehabilitation Program, Florida Homesteading Program, Florida Fix Program, Housing Predevelopment Loan Program, State Apartment Incentive Loan Program, Low-Income Energy Assistance Program, Low-Income Emergency Repair Program, etc.). The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES Collier County will support the application of other entities for funding under competitive grant programs wherever possible and as appropriate. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count', Florida - 28 - 4.0 ONE YEAR ACTION PLAN 17F This One Year Action Plan provides details on the specific activities the County will undertake during the fiscal year 2003-2004 to implement its Five Year Strategic Plan. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida - 29 - 17F APPLICATION ' '~ Federal Standard Form Number 424 is the basic form that the County utilizes to apply for federal funding. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida - 30 - APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier April 18, 2003 B-03-UC-120016 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE" State Application Identifier  [~plication Preapplication Construction [] Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier [] Non-Construction [] Non-Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Collier County Board of County Commissioners Financial Administration & Housing Department Address (give city, county, State, andzip code): Name and telephone number of person to be contacted on matters involvin( this application (give area code) 3050 N. Horseshoe Drive, #275 Lee Combs (239) 659-5750 Naples, FL 34104 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) [ -161olololalsllsI A. State H. Independent School Dist. 8. TYPE OF APPLICATION: B, County I, State Controlled Institution of Higher Learning [] New [] Continuation [] Revision C. Municipal J. Private University D. Township K. Indian Tdbe If Revision, enter appropriate letter(s)in box(es) ~ [~ E. Interstate L. Individual I .I L__._J F. Intermunicipal M. Profit Organization A, Increase Award B. Decrease Award C. Increase Duration G, Special District N. Other (Specify) D. Decrease Duration Other(specify): 9, NAME OF FEDERAL AGENCY: U.S. Department of Housing & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 2 Il 181 Neighborhood improvements,senior citizen center, TITLE: CDBG Entitlement infrastructure support for affordable housing development, 12. AREAS AFFECTED BY PROJECT(Cities. Counties, States, etc.): prescription medication services, job training & youth program to very-low and Iow income households and Collier County, Florida persons throughout Collier County. 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 7/1/03 6/30/04 14 & 25 14 & 25 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $. 2,778,000 a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE b. Applicant $ OD AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: c. State $ DATE d. Local $ oD b. No. I~1 PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ OD D OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ OD 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? O0 g. TOTAL $ 2,778,000' [] Yes If "Yes," attach an explanation, [] No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Na~ ~orized Rep. r~sentative b. Title c. Telephone Number Tom, F~c~.~),_"../~' Charman, Board of County Comm. (239) 774-8097 d..S~jh'ature ~,f;~riz.~.~j~sentative ' e. Date Signed ~Zed,~,l:.oc~l~op_~.~0-r~ --'"'-- l-~p~, ,~!I1~ , Standard Form 424 (Rev. 7-97) Prescribed by OMB Circular A-102 IVli:~T' 'EzJi3RO~.I~"~K: ~,?'"'"~ / '"" ,"~"'-' An' ..... ' '" ' Attest as FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier M-03-UC-120217 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier .plication Preapplication .- Construction [] Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier [] Non-Construction [] Non-Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Collier County Board of County Commissioners Financial Administration & Housing Department Address (give city, couniy, State, andzip code): Name and telephone number of parson to be contacted on matters involvin( this application (give area code) 3050 North Horseshoe Drive, #275 Lee Combs (239) 659-5750 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) - F61 o I o il o I s I s ,, State H. Independent School Dist. 8. TYPE OF APPLICATION: B. County I. State Controlled Institution of Higher Learning [] New [] Continuation [] Revision C. Municipal J. Pdvate University D. Township K. Indian Tdbe If Revision, enter appropriate letter(s) in box(es) ~-] ~-] E. Interstate L. Individual F. Intermunicipal M. Profit Organization A. Increase Award B. Decrease Award C. Increase Duration G. Special District N. Other (Specify) D. Decrease Duration Other(specify): 9. NAME OF FEDERAL AGENCY: U.S. Department of Housing & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ~-~ --I2 I 3 I 9 I CHDO assistance, TBRA, Down payment assistance & TITLE: HOME Participating Jurisdiction owner-occupied rehabilitation program for very-low and 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): IOW income households in Collier County. Collier County, Florida t3. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 7/1/03 6/30/04 14 & 25 14 & 25 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $. 793,929 a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE b. Applicant $ oo AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: c. State $ ~0 DATE d. Local $ b. No. [] PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ ~0 [] OR PROGRAM HAS NOT BEEN SELECTED By STATE FOR REVIEW f. Program Income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 793,929' [] Yes If "Yes," attach an explanation. [] No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPMCATIONIPREAPPMCATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Name of jg~thodzed Representative b. Title c. Telel~hone Number (239) 774-8097 .T~.m,'iHer~' ~/ Cha rman, Board of County Comm. ~ ~. ~ . q.7,.7.~5 ved for' for'~ arlct iegat Standard Form 424 (Rev. 7-97) ' ~A '~riZi~:l'f°t~'(~-~'~e~3~6ducti°n~. ,_~ ~. , suf~'ic~enc,~ ~'il;h r'espect t,o Pmscribed by OMB Circular A-102 Countj Ytff, ' DeDut~/Clerk RESOURCES (FUNDING SOURCES) 17F The following resources are anticipated to be available in FY 2003-2004 to undertake these activities. Federal Community Development Block Grant (CDBG) FY 2003-2004 CDBG Carry over funds from FY 2002-2003 Total Available CDBG Funds Housing Investment Partnerships (HOME) FY 2003-2004 Total Available CDBG and HOME Funds $2,778,000 50,000 2,828,000 793,929 $3,621,929 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Cotmry, Florida - 31 - Funding Sources Entitlement Grant (includes reallocated funds) CDBG $2,778,000 ESG $ -0- HOME $ 793,929 HOPWA $ -0- Total $3,571,929 Prior Year's Program Income NOT previously programmed or reported Total $0 CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Reprogrammed Prior Year's Funds $ 50,000 $ $ -0- $ -0- CDBG ESG HOME HOPWA Total Total Estimated Program Income Section 108 Loan Guarantee Fund TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals Other Funds Submitted Proposed Projects Totals 17F Un-Submitted Proposed Projects Totals $50,000 $o $o $3,621,929 $o $3,621,929 $o $o $3,621,929 $o Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Count;, Florida - 32 - I?F 'I IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: Special Needs/Non-homeless Housing Needs; Continuum of Care Gaps Analysis - Individuals; Continuum of Care Gaps Analysis - Persons in Families with Children; and Community Needs. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida - 33 - 17F Special Needs of Non-Homeless Sub-Populations Priority Need Estimated Dollars to Address Elderly Low $500,000 Frail Elderly Low $500,000 Severe Mental Illness Low $500,000 Developmentally Disabled Low $500,000 Physically Disabled Low $500,000 Persons w/Alcohol/Other Drug Addiction Low $500,000 Persons w/HIV/AIDS Low $500,000 Other Total $3,500,000 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida - 34 - 17F Priority Needs Summary Table PRIORITY HOUSING NEEDS Priority Estimated Estimated (Households) Need Units Dollars to Level Address 0-30% of MFI High 2,000 $20,000,000 Small 31-50% of MFI Medium 1,000 $10,000,000 Related 51-80% of MFI Low 1,000 $10,000,000 0-30% of MFI High 500 $5,000,000 Large 31-50% of MFI Medium 500 $5,000,000 Renter Related 51-80% of MFI Low 500 $5,000,000 0-30% of MFI Medium 400 $1,000,000 Elderly 31-50% of MFI Medium 100 $200,000 51-80% of MFI Low 100 $200,000 0-30% of MFI High 1,000 $1,000,000 All Other 31-50% of MFI Medium 1,000 $1,000,000 51 -80% of MFI Low 1,000 $1,000,000 0-30% of MFI High 2,500 $25,000,000 Owner 31-50% of MFI Medium 2,500 $25,000,000 51-80% of MFI Low 2,500 $25,000,000 Conxolidated Plan One- Year Action Plan FY 2003-2004 Collier CounO', Florida - 35 - Homeless and Special Needs Population 17[ INDIVIDUALS Estimated Current Unmet Relative Need Inventory Need/Gap Priority Emergency Shelter 343 144 199 H Beds/Units Transitional Housing 185 20 165 M Permanent Housing 158 22 136 L Total 686 186 500 Job Training 315 157 158 L Case Management 63 l 303 328 H Estimated Substance Abuse Treatment 274 137 137 L Supportive Mental Health Care 398 200 198 M Services Slots Housing Placement 549 220 329 H Life Skills Training 480 240 240 M Other (Health Care) 514 257 257 M Other (Transportation) 617 370 247 M Chronic Substance Abusers 30 l 150 151 H Seriously Mentally Ill 137 69 68 M Dually-Diagnosed 130 52 78 M Estimated Sub- Veterans 69 35 34 L Populations Persons with HIV/AIDS 23 12 11 L Victims of Domestic Violence 26 ! 138 123 H Youth 75 35 40 L Other (Physically Disabled) 27 13 14 L PERSONS IN FAMILIES WITH CHILDREN Estimated Current Unmet Relative Need Inventory Need/Gap Priority Emergency Shelter 210 66 144 H Beds/Units Transitional Housing 176 47 129 M Permanent Housing 34 0 34 L ___ Total 420 113 307 Job Training 256 102 154 L Case Management 386 154 232 H Estimated Child Care 244 65 179 M Supportive Substance Abuse Treatment 177 68 109 L Services Slots Mental Health Care 260 102 158 M Housing Placement 362 109 253 H Life Skills Training 295 115 180 M Other (Health Care) 315 122 193 M Other (Transportation) 378 227 151 L Chronic Substance Abusers 185 74 111 H Seriously Mentally Ill 50 20 30 M Dually-Diagnosed 80 32 48 M Estimated Sub- Veterans 13 5 8 L Populations Persons with HIV/AIDS 13 5 8 L Victims of Domestic Violence 231 138 93 H Other (ESL Language) 33 13 20 L Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 36 - 17F COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY Need Estimated Estimated Dollars DEVELOPMENT NEEDS Level Priority to Address Units PUBLIC FACILITY NEEDS Overall High 22 $5,750,000 Public Facilities & Improvements (General (03)) High 10 $2,500,000 Handicapped Centers (03B) Low 0 $0 Neighborhood Facilities (03E) High 5 $2,500,000 Parks and/or Recreation Facilities (03F) High 5 $250,000 Parking Facilities (03G) Low 0 $0 Solid Waste Disposal hnprovements (03H) Low 0 $0 Fire Stations/Equipment (030) Med 0 $0 Health Facilities (03P) Med 2 $500,000 Asbestos Removal (03R) Low 0 $0 Clean-up of Contaminated Sites (04A) Low 0 $0 Interim Assistance (06) Low 0 $0 Non-Residential Historic Preservation (16B) Low 0 $0 INFRASTRUCTURE Overall High 72,510 $13,100,000 Flood Drain Improvements (03I) High 2,500 $2,500,000 Water/Sewer Improvements (03J) High 10,000 $3,000,000 Street Improvements (03K) High 50,000 $6,250,000 Sidewalks (03L) Med 10,000 $1,000,000 Tree Planting (03N) Low 5 $250,000 Removal of Architectural Barriers (10) Low 5 $100,000 Privately Owned Utilities (11) Low 0 $0 PUBLIC SERVICE NEEDS Overall High 11,500 $3,500,000 Public Services (General (05)) High 5,000 $500,000 Handicapped Services (05B) Low 0 $0 Legal Services (05C) Low 0 $0 Transportation Services (05E) High 1,000 $1,000,000 Substance Abuse Services (05F) Low 0 $0 Employment Training (05H) High 500 $1,000,000 Health Services (05M) High 5,000 $1,000,000 Mental Health Services (050) Low 0 $0 Screening for Lead-Based Paint/Lead Hazard (05P) Low 0 $0 ANTI-CRIME PROGRAMS Overall Low 1 $10,000 Crime Awareness (05 I) Low I $10,000 YOUTH PROGRAMS Overall Med 10,509 $ l 2,000,000 Youth Centers (03D) Med 2 $1,000,000 Child Care Centers (03M) Med 5 $2,500,000 Abused and Neglected Children Facilities (03Q) Med 2 $1,000,000 Youth Services (0SD) Med 5,000 $2,000,000 Child Care Services (05 L) Med 5,000 $5,000,000 Abused and Neglected Children (05N) Med 500 $500,000 SENIOR PROGRAMS Overall Low 0 $0 Senior Centers (03A) Low 0 $0 Senior Services (05A) Low 0 $0 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CottnO,', Florida -37- ECONOMIC DEVELOPMENT Overall High 13 $13,500,000 Rehab; Publicly or Privately-Owned Commercial/h~dustrial ( 14E) High I $100,000 CI Land Acquisition/Disposition (17A) Low 0 $0 CI Infrastructure Development ( 17B) High 1 $1,000,000 CI Building Acquisition, Construction (17C) High 3 $11,500,000 Other Commercial/industrial Improvements (17 D) High 2 $500,000 ED Direct Financial Assistance For-Profit (18A) High 2 $200,000 ED Technical Assistance (18B) High 2 $100,000 Micro-Enterprise Assistance (18C) High 2 $100,000 PLANNING & ADMINISTRATION Overall High 0 $0 TOTAL ESTIMATED DOLLARS $47,800,000 NEEDED Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Cotmty, Florida - 38 - ACTIVITIES TO BE UNDERTAKEN Following is the Use of Funds for the fiscal 2003-2004-program year: CDBG: Storm Drainage Improvements - Marco Island Park Improvements - City of Naples Affordable Housing Development Land Acquisition Infrastructure Support - East Naples Senior Housing - Immokalee Job Creation - Immokalee Senior Center Addition - East Naples Prescription Medications - Collier County Job Training & Support - Immokalee Education & Training - Immokalee HMIS - Hunger & Homeless Coalition Immokalee Youth Program Fair Housing - Education and Outreach Program Planning and Administration TOTAL CDBG $250 000 250 000 350 000 700000 275.000 100.000 83.000 130.000 60,000 54,000 50,000 50,000 3,000 477,000 $2,828,000 HOME: CHDO set-aside Residential Rehabilitation assistance Down payment assistance Tenant Based Rental Assistance CHDO Operating Housing Delivery Cost Program Planning and Administration $224,179 225,000 100,000 100,000 37,000 33,750 74,000 TOTAL HOME $793,929 The following narratives and tables demonstrate the activities that will be undertaken during the fiscal year 2003-2004 by the County to address priority needs in terms of local priorities identified in the five- year strategy. For each activity, the listing provides details on the type of project, the funding level, the location, as well as on the number and type of income households or people it is designed to assist and a target date for completion of the activity. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CotmO~, Florida - 39 - Project Descriptions 17F Affordable Housing Programs CDBG, HOME and SHIP resources provide Collier County with the means to assist residents with the purchase of housing, or the rehabilitation of substandard housing for residents with incomes of 80% or less than the median income for Collier County ($61,400) being median income for a family of four). The Financial Administration and Housing Department uses SHIP and HOME funds to match applicable federal dollars for its general housing rehabilitation program and homeownership programs. All of Collier County's affordable housing programs are based on a first- come, first-served basis, with preference given to residents of the target areas, elderly and disabled residents and emergency/life-threatening conditions. All affordable housing programs conform to specific CDBG, HOME and SHIP regulations. CDBG funds are also spent on infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for the affordable housing developments built by Habitat for Humanity, Inc. Land Acquisition CDBG funds will be used by the County as leverage to assist in the development of affordable housing through nonprofit Community Based Development Organizations (CBDO). This use of CDBG funds meets the number one priority of the County 5-Year Consolidated Plan to support the provision of affordable housing for its low-income (below 50% of MFI) working poor residents. CDBG funds will be used by a nonprofit developer to purchase a 7.5-acre parcel of land in Immokalee to construct housing for senior citizens. This property is currently zoned for multi-family rental housing. The applicant proposes to construct 46 new one and two-bedroom apartments to house very low and low-income elderly persons and will serve 69 very-low income elderly renters annually. Residents will pay 30% of their income for rent. Housing Rehabilitation Assistance Proposed HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 13 low-income homeowners with the rehabilitation of their primary residence. The maximum proposed HOME assistance for rehabilitation is $15,000 per residence. Assistance of this program is secured by a five-year, non-amortizing, deferred mortgage. As long as the original owner continues to occupy the rehabilitated units for the full term of the deferred mortgage, no interest shall accrue and no monthly payments are required. If sale, refinancing or transfer of title occurs during the mortgage period, the full amount of assistance is due without interest. Down Payment Assistance Proposed HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 20 low-income first-time homebuyer families with purchase of newly constructed homes. The maximum proposed HOME assistance is $5,000 per residence. The maximum price of a new home cannot exceed $130,000. Assistance of this program is secured by a five-year, non-amortizing, deferred mortgage. Neither interest nor payments are made as long as the property is homesteaded and used as the original purchaser's primary residence. If at sale, refinancing, or transfer of title occurs; or the Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Cotmty, Florida - 40 - property is not used as the homebuyer's permanent residence during the term, the mortgage becomes immediately due and payable in full. ~five-yeh~ ~tgag~ Infrastructure Support for Affordable Housing Development CDBG funds will provide infrastructure support (water & sewer, entry roads, underground electric, engineering and driveway aprons) for Phase II of the affordable housing development (70 single-family homes) being built by Habitat for Humanity of Collier County has a long history of providing affordable housing in Collier County. By providing infrastructure support, the price of homes will be affordable to very low-income families. This project will provide affordable homes for approximately 340 very low- income beneficiaries. The cost of the homes is estimated to be around $70,000 each ($60,500 mortgage). Tenant Based Rental Assistance (TBRA) Proposed HOME funds will be used to partner with the Collier County Housing Authority (CHA) to provide TBRA to assist tenants with the costs associated with their housing. This assistance will provide funds to make up the difference between the amounts a qualified household can afford to pay for housing and local rent standards. TBRA can also be used to assist tenants for housing costs such as security and utility deposits. The program will follow all Section 8 guidelines. TBRA will better help the County meet the fluctuating demand for housing. Community Housing Development Organization (CHDO) Proposed HOME funds will be used to support the affordable housing activities of CHDO's serving Collier County. The County, as a participating jurisdiction (PJ) must invest (set aside) at least 15 percent (15%) of its total HOME allocation in projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDO's), and which result in the development of homeownership or renter units. Currently, there is only one certified CHDO in Collier County, the Empowerment Alliance of Southwest Florida (EASF) who will receive the set aside funds as well as funds for operating support as per the Home Investment Partnerships Program (HOME). Economic Diversification Another way of assisting low-income people toward self-sufficiency is through providing better paying employment. Supporting economic diversification is the County's second highest priority. Economic Development - Job Creation CDBG funds will be used to create six new jobs (4 FTE's) and provide personnel salaries to launch start-up of the Blueberry Store and Catering Company located at the Activity Center in the Jubilation development in Immokalee. These positions include a store manager, kitchen manager and four part- time assistants, who will all be staffed by low to moderate-income individuals. Harvest for Humanity built a 110-acre farm with 36 acres of blueberries. It is also building the Jubilation subdivision of 89 affordably owned homes and a 6,600 square foot Activity Center/Blueberry Store and Catering Company (construction complete in March, 2003). Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida -41 - 17F Public Facilities The County supports the development and implementation of public facilities and improvements for low-income households in identified areas. Addition of Senior Citizen Activity Center CDBG funds will be used by the Collier County Department of Parks and Recreation in conjunction with the Collier County Department of Human Services propose a permanent home for the Senior Connections program at East Naples Community Park. The proposed activity is the design and construction of a 2,400-square-foot wing addition to the existing Community Center facility resulting in a permanent Senior Center. This expanded facility will enable Senior Connections of SW FL, a nonprofit corporation, to double the number of seniors currently served through its on-site lunch program. This expanded facility will allow Senior Connections to expand its current services to the low- income elderly residents from the surrounding neighborhoods, as well as introduce new programs such as transportation allowing the recruitment of additional participants in the program. Public Services Unlike most Counties in Florida, Collier does not contribute any funds to social services beyond what is mandated. CDBG funds, while limited to 15%, are necessary to provide social services to low-income residents. Prescription Medications Service CDBG funds will be used to provide direct assistance with the purchase of prescription medications prescribed by a physician, to individuals according to the low and moderate-income guidelines established through the Community Development Block Grant program. Grant funds will be used only to help people who are legal Collier County residents, who are means-tested, who are ineligible for any other type of medication assistance, and who have valid prescriptions from a medical provider. Job Training and Support The proposed activity will provide educational advancement for an additional 25 students. The costs include vocational classes, childcare expenses and the cost of a part-time case manager to manage and monitor the progress of the students. Education and Training CDBG funding is requested to expand the scope of services offered at intergenerational Family Nights, which allow parents to join their children after school for an evening of academic and cultural enrichment for both. The activities are designed for family involvement in English literacy, mathematics, and access to and the use of technology. Childcare and dinner are provided to encourage full attendance. Health education and screening, available housing, and training for job opportunities will be the integral components of expanded Family Nights that will help families start to view the neighborhood school as a resource. The goal is to ensure families have information and better access to vital services. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County', Florida - 42 - CDBG funds will be used by The Empowerment Alliance of Southwest Florida to coordinate and manage a youth employment program in Immokalee. The program will serve 20-25 teenagers between the ages of 14 and 19. The youth will work in non-profit organizations and government agencies such as Parks and Recreation. They will also attend weekly training sessions on employability and life skills covering items such as interviewing, customer service, handling a paycheck and opening a bank account. General Planning - Homeless Management Information System (HMIS) CDBG funds will be used to provide initial funding toward the purchase of a Homeless Management Information System (HMIS) to benefit the homeless and at-risk of homelessness population in Collier County in improved access to services. HMIS will provide participating agencies with improved data collection methods; provide stakeholders with more reliable statistical information and fulfill the HUD requirement to implement an HMIS system by October 2004 in order to continue to be eligible to apply for HUD Continuum of Care funding. Participating Jurisdictions In 2001, Collier County entered into participating parties agreement with the cities of Naples and Marco Island qualify for an entitlement status to receive the CDBG funding directly from the HUD. City of Naples CDBG funds along with the City's funds will be used to construct a new 12,000 square foot community center to replace the 3,500 square foot facility that was built in the 1950's in River Park neighborhood. A larger facility will allow for expanded educational and recreational program opportunities for approximately 700 very low and Iow-income children. Educational and recreational programs will be available for approximately 500 very low and low-income seniors and adults in the neighborhood. City of Marco Island CDBG funds along with the City's funds will be used for reconstruction and expansion of an existing deficient storm water drainage facility in the low-income area. Fair Housing Collier County has successfully completed its Analysis of Impediments and has made an effort to participate in activities that affirmatively further fair housing. CDBG funds will be used to provide information and educate the public about their rights under Fair Housing regulations. The County will sponsor as well as participate in Fair Housing seminars as well as EOU&L HOU$1lqG continue to develop its Fair Housing Initiatives Program. O P F' O l~ T U Iq I T ¥ The Fair Housing Act prohibits discrimination based on race, sex, national origin, color, religion, handicap and familial status. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 43 - HUD PROPOSED PROJECT TABLES Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Cot,trtO/', Florida - 44 - 0 0 'LTF 17F © © 0 g ~ 0 © 17F ~ 0 0 17F ~oo o 0 ,gq ~ 17F © © 17F ~8oo o © © 17F © 0 17F 0 0 17F 0 0 17F 17F 0 0 © © 0 © 0 17F 0 r..) r-q © o 17F 0 0 17F 0 © 17F 0 17F © 0 © 17F © 0 17F 0 © 17F 17F GEOGRAPHIC LOCATION The following map demonstrates the geographical location of the proposed projects to be completed during the fiscal year 2003-2004 with the Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds. In addition, maps showing the location of racial concentrations and the areas of low-income concentration in the County and Lead Poisoning Screening map are attached. Consoli&zted Plan One-Year Action Plan FY 2003-2004 Collier Coun(v, Florida - 67 - I T45S I T47S J T48S J T49S J TS0S I T51S I T52S I T535 I 1ZEa uJ O UJ ~N~O~ A~aN3H mO ,L,LNnO0 339 O U Bmmlmm 0¢ AJ. NnOO 0~¥~0B8 o~ 3:0 ILU. 5.0 MONITORING The County will perform on-site monitoring for federal, state and contract compliance of each of its sub recipients at least once each year. Technical assistance will be included with the monitoring. The monitoring program includes in-house review of every payment request. Prior to'the end of each program year, an in-house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its' programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Flori&~ - 68 - 6.0 CERTIFICATIONS 17F The Following certifications are included as required by the Title 24 Housing and Urban Development/24 CFR 91.225. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County', Florida - 69 - Certifications In accordance with the applicable statutes and the regulations governing the consolidated plat regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, whicl~ means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drag-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) (b) (c) (d) (a) (b) o The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - ., Abide by the terms of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CotmU, Florida 17F the Federal agency has designated a central point, for the receipt of such notices. include the identification number(s) of each affected grant; Notice shal o Taking one of the following actions, within 30 calendar days of receiving notice unde~ subparagraph 4(b), with respect to any employee who is so convicted - (a) (b) Taking appropriate personnel action against such an employee, up to and including termination consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drag abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drag-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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; 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, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying 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 subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with C. DBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida Section 3 -- it wiU comply with section ~ of thc Housing ~nd Urban Development Act of ~968, and implementing regulations at 24 CFR Part 135. Tom Henning, Chairman %22.~)~I~ Collier County Board of County Commissioners Collier County, Florida Date Approveit.~to form & legal sufficiency Patrick G.'*/(/~i~i~fiV~unty Attorney Consolidated Plan One-Year Action Plan FY 2003-2004 Collier CounO,, Florida Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan tha satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifie~, community development and housing needs and specifies both short-term and long-term communit5 development objectives that provide decent housing, expand economic opportunities primarily fox persons of Iow and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2001, 2002, and 2003 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that i"elates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Cotmry, Florida source other than CDBG funds. Also, in the case of properties owned and occupied by te- income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead- based paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws -- It will comply with applicable laws. Tom He~n'(ng, Chai~nan'q.22~ Collier County Board of County C*ommissioners Collier County, Florida Date .' r'~.,'{'¢C', .. ATTEST: .. ,. ~:...~.,.,-~,.~ ' .__ _.-' ~,.,-,. ~' ~-~?':'.. ,?: --. Approve~~,~fficiency Patrick G. White, Assistant County Attorhey Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance - If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs - it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in 24 CFR § 92.214. Appropriate Financial Assistance - before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. ~;~l~eHr ~gt ~ CBho-~n~c~u~n t y~o mmi s s io ners Collier County, Florida Date Approved a~~ciency Patrick G. White, Assistant County Attorney INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug- Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of th~ grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count, Florida Place of Performance (Street address, city, county, state, zip code) Collier County Board of Commissioners Administration Building 3301 East Tamiami Trail Naples, FL 34112 -and - 17F Collier County Financial Administration and Housing Department 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the gr~~of subrecipients or subcontractors in covered workplaces). Tom Henning, Chairman d~q-Z2--0~ Collier County Board of County Commissioners Collier County, Florida Approved as to form & legal sufficiency Patrick (~~~t~ounty Attorney 7.0 APPENDIX 17F Consolidated Plan One- Year Action Plan FY 2002-2003 Collier County, Florida 78 ADOPTING RESOLUTION 17F Consolidated Plan One- Year Action Plan FY 2002-2003 Collier County, Florida 79 RESOLUTION NO. 2003 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB- RECIPIENT AGREEMENTS B Y COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in can'ying out the HUD programs, and an action plan that provides a basis for assessing performances; Page 1 of 3 17F NOW, 'THEREFORE BE IT RESOLVED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: o OF COUNTY The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG and HOME Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG and HOME programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG and HOME Programs. A copy of the Activities and total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the Page 2 of 3 form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this twenty-second day of April 2003, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Patrick G. White Assistant County Attorney Page 3 of 3 "EXHIBIT A" 17F Funding Resources: Community Development Block Grant (CDBG) FY 2003-2004 CDBG Carry over funds from FY 2002-2003 Total Available CDBG funds $2,778,000 50,000 $2,828,000 HOME Investment Partnerships Program Grant (HOME) FY 2003-2004 793,929 Total Available HUD funds for FY 2003-2004 $3,621,929 Activities to be Undertaken: Project ~ CDBG Activity / Location Responsible Sub- Amount Number Recipient / Agency CD 04-01 Stormwater Drainage Improvements - Marco Island City of Marco Island $250,000 CD 04-02 River Park Community Center - Naples City of Naples $250,000 CD 04-03 Affordable Housing Development Land Collier County FAH $350,000 Acquisition CD 04-04 Affordable Housing Infrastructure Support- Habitat for Humanity of $700,000 East Naples Collier County, Inc. CD 04-05 Senior Housing - Immokalee United Church Homes $275,000 CD 04-06 Prescription Medications - Countywide Collier County Department of $130,000 Human Services CD 04-07 Job Creation - Immokalee Harvest for Humanity, Inc. $100,000 CD 04-08 Senior Center Addition - East Naples Collier County Department of $83,000 Parks & Recreation CD 04-09 Job Training & Support - Immokalee IMMCAA $60,000 CD 04-10 Education & Training - Immokalee Empowerment Alliance of $54,000 Southwest Florida (EASF) - Kaleidoscope Project CD 04-11 Homeless Management Information System Collier County Hunger & $50,000 Homeless Coalition CD 04-12 Immokalee Youth Program EASF - Youth Project $50,000 CD 04-13 Fair Housing - Education & Outreach - Collier County FAH $3,000 Countywide CD 04-14 Program Planning & Administration CDBG Collier County FAH $473,000 Total CDBG $2,828,000 Project HOME Activity / Location Responsible Sub- Amount Number Recipient / Agency HM 04-01 CHDO set-aside Empowerment Alliance of SW $224,179 FL HM 04-02 Residential Rehabilitation - Countywide Collier County FAH $225,000 HM 04-03 Down Payment Assistance - Countywide Collier County FAH $I00,000 HM 04-04 Tenant Based Rental Assistance Collier County Housing $100,000 Authority HM 04-05 CHDO Operating EASF $37,000 HM 04-06 Housing Delivery Cost Collier County FAH $33,750 HM 04-07 Program Planning & Administration Collier County FAH $74,000 Total HOME $793,929 Page 1 of 1 EXHIBIT "B" AGREEMENT BETWEEN COLLIER COUNTY AND SUB-RECIPIENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # 17F THIS AGREEMENT, is entered into this day of, 20__, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the "NAME OF SUBRECIPIENT," a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and SUBRECIPIENT AGREEMENT Page I of 21 WHEREAS, The Board of County Commissioners of Collier County approved Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the Resolution on April 22, 2003, including the use of this standard form Agreement; and the Collier Count) CDBG Program by WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "NAME OF SUBRECIPIENT" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "NAME OF SUBRECIPIENT" to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) ounty means Colher County, and where apphcable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means "NAME OF SUBRECIPIENT". "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. SUBRECIPIENT AGREEMENT Page 2 of 21 17F III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. . The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed ($) 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification fi'om the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. S UBRECIPIENT AGREEMENT Page 3 of 21 COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. o 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. o ° 10. 11. 12. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. 14. 15. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 SUBRECIPIENT AGREEMENT Page 4 of 21 17F "'Il 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act ol 1970 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 29 CFR Parts 3, 5 and 5a Regulations which prescribe the payment ot prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 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. 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. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 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. SUBRECIP1ENT AGREEMENT Page 5 of 21 30. i?F 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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 FAH 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 and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. SUBRECIPIENT AGREEMENT Page 6 of 2 l 17F F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. SUBRECIPIENT AGREEMENT Page 7 of 21 VIII. 17F 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit ot liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 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 SUBRECIPIENT AGREEMENT Page 8 of 21 procedures required therein, utilize adequate internal controls, and maintain necessary sourc~ documentation for all costs incurred. B. Documentation and Record - Keeping The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 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 FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WEB/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". o The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING 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. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. SUBREC1PIENT AGREEMENT Page 9 of 21 F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (19 All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECLPlENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAH 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 SUBRECIPIENT AGREEMENT Page 10 of 21 17F reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBREC1PIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial 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 SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED EN'I'ERPRISES BUSINESS In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. SUBRECIPIENT AGREEMENT Page I 1 of 21 Do 17F 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBREC1PIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. 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 FAH 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. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 hereofl This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIP1ENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. SUBRECIPIENT AGREEMENT Page 12 of 21 H. 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. 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. 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 SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. SUBRECIPIENT AGREEMENT Page 13 of 21 17F B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood 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 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 Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. 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. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). SUBRECIPIENT AGREEMENT Page 14 of 21 XIII. XIV. 17F CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of ,20 (SUBRECIPIENT SEAL) NAME OF SUBRECIPIENT BY: BY: SIGNATURE PRINT NAME Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney COLLIER COUNTY, FLORIDA BY: JOSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SUB RECIPIENT AGREEMENT Page 15 of 21 EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on theSUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Total $ Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH. SUBRECIPIENT AGREEMENT Page 16 of 21 Ho 17F STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in 13 (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its ubcontractors S ' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. SUBRECIPI~NT AGREEMENT Page 17 of 21 !..7F EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director SUBRECIPIENT AGREEMENT Page [8 of 21 17F EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10ta of the following month. Status Report for Month of Submittal Date: 1. Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: Fax: 2. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 3. What events/actions are scheduled for the next two months? 4. 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. 5. List any additional data relevant to the outcome measures listed on the application for this project. SUBRECIPIENT AGREEMENT Page 19 of 21 17F 6. New contracts executed this month (if applicable): e Name of Amount Contractor Ethnicity Race Contractor Contractor or of Federal ID (see (see Address Subcontractor Contract Number definitions definitions on & Phone on page page 21) 21) No. 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" on the next page. INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) as indicated by the attached income chart. Enter this number in box "2" on the next page. Of the households or persons assisted, are very Iow-income (31-50%)as indicated by the attached income chart. Enter this number in box "3" on the next page. Of these households or persons assisted, are low income (51-80%) as indicated by the attached income chart. Enter this number in box "4" on the next page. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number Extremely Very Low Income Female of Low income Low income (51-80%) Headed Households or Persons (0-30%) (31-50%) Household Assisted SUBRECIPIENT AGREEMENT Page 20 of 21 17F Subrecipients must indicate total beneficiaries for Ethnicity AND Race Definitions of Ethnicity: i. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2. Not Hispanic or Latino: A person not or Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless or race. Definitions of Race: 1. 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. 2. 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. 3. Black or African-American: A person having origins in any of the black racial groups of Africa. 4. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. 5. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Tabulation Table of Ethnicity and Race Beneficiaries American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White SUBRECIPIENT AGREEMENT Page 21 of 21 CITIZEN PARTICIPATION PLAN Consolidated Plan One-Year Action Plan FY 2002-2003 Collier County, Florida 80 OR: 2764 PG: 0781 Collier County FLOR[DA PLANN[NG GROUP, INC. ' AGENDA ITEM ' "°'/~" (tt) , ~ JAN 0 9 2001 pg. ~ OR: 2764 PG: 0782 CONTENTS 17F INTRODUCTION SECTION 1 PUBLIC MEETINGS SECTION 2 TECHNICAL ASSISTANCE SECTION 3 PROJECT IDENTIFICATION SECTION 4 PUBLIC HEARINGS 1. Review of Program Performance Hearing 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE 00-111 AGENDA ITEM '"°' ~/O JAN 0 9 2001 OR: 2764 PG: 0783 In conformance with the provisions of 24 CFR (Code of Federal Regulations) 91, "Consolidated Submissions for Community Plamfing and Development Programs" and more specifically with the provisions of 24 CFR 91.401 and 24 CFR 91.105, Collier County has adopted the folloWing Citizen Participation Plan. Required by HUD regulation and Public Law 100-242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by Collier.i County for allowing citizen participation and input for the development of the Consolidated :Plan provides for the most basic and appropriate level of participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough and effective input from its citizens. A process consisting of the following steps maximizes citizen participation in the development of the Consolidated Plan: 1. Public meetings. 2. Technical assistance for citizens groups and organizations in developing funding proposals. 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30-day public comment period. 6. Board of County Commissioners' approval. 7. Program information. 8. Handicapped and bilingual provisions. 9. Complaints and inquiries. 10. Submission of the Consolidated Plan. Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. AGENDA ITEM No. JAN 0 9 ZOO1 1 OR: 2764 PG: 0784 Public meetings -,'ill be held at various locations including-,,,,,,o,,. .... locations convenient to the residents of the County. Meeting times will also be convenient to residents and held at night. SECTION 2 TECHNICAL ASSISTANCE Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. Groups or individuals needing technical assistance should contact the County's Housing and Urban Improvement (HUI) Office at 941/403-2330. SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. SECTION 4 PUBLIC HEARINGS At the beginning of the Consolidated Plan development process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of hearings. They are encouraged to participate in public hearings to obtain their comments. The public hearings held for the COnsolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The hearings allow the County to obtain citizens' views, comments and responses to the Consolidated Plan-related proposals, reqT~i~rernents, regulations, and questions. 1. Rev~ex~. of Program Performance Hearing & Citizen Comment RE: Program Year C.A.P.E.R. (Consolidated Annual Performance and Evaluation Report) Submission A Program Perform~ince Hearing will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also permits citizens to comment on performance and offer any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. i AGENDA. I T E/.~(~ No. ,,, ~L ~ / /t ................. JAN 0 9 20 2 OR: 2764 PG: 0785 2. Community Development Needs Hearing 17F The public hearing to address the identification of needs will be held early in the program year to allow citizens to comment on or present their own project proposals. The hearing is presided over by HUI staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if an5'. Notices of Meetings and Heatings The public will be notified of all heatings through the local media, namely the: 1. Naples Daily News 2. lrnmokalee Bulletin 3. Public Access Channel 54 Plans are underway to advertise via the County's Internet Website. Notices will be published approximately 10-15 days prior to each hearing. SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve the recommended list of activities for publication (for public comment). Following the review .-of the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to HUD. SECTION 6 PROGRAM INFORMATION The following information concerning the program is published in area newspapers: - the amount of Community Development Block Grant funds available to the County - the eligible range and types of activities for which the funds may be used; - the date, time and location of all hearings; The information is disseminated in public buildings located throughout the County. Copies of the Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and minutes and records of meetings and heatings, Grant Agreements, monitoring repot reports, all ~0. ~ ......... JAN o :0 OR: 2764 PG: 0786 17F applications for other programs, Consolidated Plans, Consolidated Annual Performance and Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 a.m. and 5:00 p.m. Monday through Friday. Copies of most items are available upon request at no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive,~ #145 Naples, Florida 34104 Phone: 941/403-2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 909 SE First Avenue, Room 500 Miami, Florida 33131-3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HUD along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance. Following acceptance of the Consolidated Plan and execution of the grant agreement with HUD, the Count can amend its plan to carry out an activity not previously described or to substantially change the purpose, scope, location or beneficiaries of an activity. The. County has, pursuant to HUD regulation 24 CFR 91.505 (b), developed the following criteria for what constitutes a SUBSTANTIAL CHANGE: AGENDA ~TEM JAN 049 OR: 2764 PG: 0787 1. The County decides to change the purpose/stated objectives or beneficiaries of an :LZF activity. 2. The County decides to change the scope as it relates to the kind of basic eligibl activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation priorities or a change in the method of the distribution of funds. The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE Collier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessary' depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by regulation, will serve to further maximize participation by the County's residents, especially those of lower income. O0-1 11 AGENDA ITEM ' JAN 0 9 2001 Pg-3 5 2736585 OR: 2764 PG: 0780 ,,= A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIEA COIYNTY,, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE TIlE DEVELOPMENT OF COLLIER COUNTY'S FIVE- YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. 37.50 8.00 WItEREAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Community Development Block Grant (CDBG) program as an Entitlement Community; and' WHEREAS, HUD, as a pre-condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other community organizations in the development of Collier County's Consolidated Plan for utilizing the eutitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as if set forth fully in this Resolution. BE IT FURTHER RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this q~:/~ day of x.7-za_r~cca._r-t_/ / and majority vote favoring same. -- ATTEST: · _ [IWIGItT E BROCK, CLERK : ..i:i i[}i :'"~ttel~P~[YtC~e~l~,l~811'$ By: ,' ' [,;signature onl$, ' Ai~proved as to form and  eg~l sufficiency: ./' PatrickG White Assistant County Attorney , 2001 after motion, second BOARD OF COUNTY COMMISSIONERS ANTIDISPLACEMENT AND RELOCATION PLAN 17F Consolidated Plan One-Year Action Plan FY 2002-2003 Collier County, Florida 81 17F I X3fZZ -DXII'Z,I,t~KII~ RIX,OC:3L'~CI ~ IfIbC~&x~, 1993 ; ~: --.~ -- -.: . '¥?°~ ' ' .B~, 8ul~T~ndard Condition for 3, 2 3 4 5 ? 7 8 XO %3 17F FEB ~ ~992 CDB~ ANTIDZBP~CEHENT ~ND ~_~r_~)CATION I. DISPLACEMENT AVOIDANCE POLICY The local government £s committed to a policy to make all reasonable ef£orts to ensure that activities undertaken ~lrouqh the use of Community*Develo~ent B~ock Greet (CD·G) f~nds w111 no= cause unnecessary dispXac~u~n~ or =elooatton. · ~. oarerul consideration le qivon durin~ th~ planning phase with regard t° avoidin~ displacement. The local qov~rnment wtll else provide ln£o~mation to and keep o~tizene l~volvod In the presses ~eqardlng pendin~ zoninq end r~zon~nq e~lone that ~hreaten the ~reeervation o£ residential arose. Involuntary i!':: .".~.tated only when no other tit·motive is available and when Wp~ot£1o goal or ob3~ive that is of benefit ~o the public. 1~ this ~a~e, ocm~mity developmm~ end hou~lr~ programs will be planned In · uF~er whl~ aV~id, displacemem~ of house- maids or bustnele~8~ Howow, voluntar~ t~raW or ~rma- ~ nen~ dtepXaoement may Me ne~erF in order ~.~ a~leva a b~nefit to · household or bumin~em (~uch aa rehabAlLtatton or .~Pla~t of the hUlldlrgi). -fteml and requested by the dlmplaoee. Voluntar~ dimplao~ment ~Y al·o occur when a proper~¥ o~er volun~arll~ offer~ him In these cases, the seller may be rec~tred to waive rights as a condition of sale of the property, and the Uniform RGlocation Act provisions will govern actions of the local government and/or its representative. 24 CFR Part 570 is a governing document on displacement and is incorl~orated by reference. 49 CFR Part 24 provides Uniform Relocation Act ~mfo~:~on and ~s incorporated by refe~.~. ~ABZLZT&TZO~, DW~LLI~Q ~ ~Z~ ment and/or relocation am defln~ In 24 C~ Part 570 and 49 C~ Par~ 24. A. S~andard Condltl~B eble ~rou~h ~t co~rle of ~lar ~tntenan~. ~t ~ ~n ~o~a~ c~p~ancl v~ aPP~oab~e ~ h~g and occ~pa~ ~i=~ ~ =~c~c~l~y ~. va~e~ and nu~ st ro~. a~ area of living s~ ~ c~ln the foll~lng~ 2. A separate, well-lighted and ventilated bathroom that provides user privac~ and contains a sink, commode, and bathtub or shower stall; 3. An appropriate, sanitary and approved source of hot and cold potable water; 4. An appropriate, san£tary and approved sewage drainage system; 5. A fully u~able s£nk in the kitchen= 6. Adequate sDace and service connections ares st ground lev~l, and~ 8. Absence of any b~ccierl w~loh would preclude ingress or eg~ell 1£ ~hi occupeRt Il ha~capped. Failure to meet en~ ct ~hese criteria ~utomati- call~ CaUlee s dwelling to not be considered #standard," A dwelling unit is ~or~i4~re4 .~b.t.~4~t if minor defe~ which r~ a c~ain a~c of correc- tion but can sCUll provide itfi .~ ~tt shelter, has major defict~ r~r~ agrea= d~l of corre~lon and will ~ ~afe and ad~a=~ once ripairl are housin~ ~peci~lXs~ mua~ carefully ~ns~ ~e dwelling and prepare a ~rk ~l~e-up of ~pai~ nece~sa~ to -3- 17F FEB '~ 1992 bring it up to standard condition. A cost estimate of repairs will be prepared, based on the needs identified in the work write-up. If these costs are equal to or ls~s than 65 percent of the value of a compa=able replacement un~ a~ obta~n~ ~rom ~re ~han on~ l~censed =on~a~or, the dwe~linq'w~l~ ~ ~idered su~ble for rehabilitation. governing ~ thoroughly The loam! qovernmant will provide reasonable relo~ation almiltance to ~rlOnl (familial, l~lviduale, ~ro~it organizatione, or ~l~) displa~ (~v~d ~ and ~) al t result of ~e UII Of ~BG assis~ance to a~lre or subs~n~ally ~habil~ Assistance ~o displac~ pe=aons ~ include: 1. Pa~ent for a~ual ~vinq a~ relation ~enses d~en~ ~ r~ip~ent~ fr~ se~lce prov[de~ and utility co--hies. documents shall ~ su~tted prior to the dis~rse- ment of pa~ent: -4- 2. Advisory services necessary to help in re locat lng; 3. Financial assistance sufficient to snable the displaced person to lease and occupy a suitable, decent, safe and sanitary replacement dwelling where the cost of rent and utilities does not exceed 30 percent of the household gro~s income of a family earning 80 percent of the median income for the jurisdiction. A. Provisions for One-for-One ReDlacemeN~ The local government will r~pI&ce &ll occupied and yacht oc~piable 1~- and ~era~e-~nc~e d~ell~nq un,ts d~ol~shed or conve~ed to a u~e other than a~ lo~- and moderate-~nco~ hou~ a~ & d~recC ~eeult off activities assisted w~ fU~ ~ovl~ unde~ the Houai~ and Conunl~y ~l~n~ A~ or 1974, am emceed, and as demorl~ An 24 ~ Pa~ 570. hplmca- mon~ low- and m~era~e-l~o unl~ uy ~nolud~ publio h~s~ or ex~st~nq h~sing ra~lvi~ ~lon 8 predict ~ee Femro of ~e ~~~ of ~e ~oll~on or relieving re~lremen~u. X. ~e unite viii ~ 1~ within ~e l~al J~l~lctlon. ~. ~ unica will ~et ail a~li~ble local houaln~, ~lldi~, ~ zoni~ ordl~m a~ will ~ in a~andard, or ~r, ~ition. 3. ~e unica will ~ design~ to re. in l~- and m~era~e-income dwelll~ umi~ for a= least 10 years from ~he da~e of initial ~pan~ (applie~ to initial ~enant only). -5- 17F 4. The unltswill be sufficient in size and number (functionally equivalent) to house at least the number of occupants who could have been housed in the units that hre demolished or converted. Before obligating or expending CDBG funds that will directly result in such dRmolition or conversion, the local government w£I1 make p~blic and submit to the Florida Department of Cow-unity Affairs the following information in writing: 1. A description of the proposed assisted activity~ 2. The general location on &n e~a map, lncludinq approximate number of dwmllin~ unite by size (number of bedrooms} that will be demolished or converted to a us~ other than low- and moderate- income dwelling units; 3. A time schedule for commencement end plation of the de~olition or conversion; 4. The Varietal lo~ation on s service area map and approximate number of dwelling uni~ by size (number of bedro~s) that wiX1 be provided aa rmplacanent 5. Identification of ~he source oE ftmding at the tl~e of submittal and the rix frame, location and source for the replacement dwelling unit. ~ . ~-~ uv~AAXng unAt will bm desiqn~d to rmmaxn a iow- and ~ximrete-inco~m dwelliru$ unit f~ ~nc7. 7. Information demonstrating that any proposed replacement of a unit with a smaller unit is consistent with the housing needs of low- and moderate-incomm ~er~ons in the ~urisdiction. -6- 17F B. Provisions for Relocation Assistance for Residemtlal Displacement The local government will provide relocation assis- tance, as described in 24 CF~ Par~ 570, to each low- and moderate-income household involuntarily displaced by the demolition of housing or by the conversion of a low- and ~w~lerats-income dwelling to another use aea direct result of CDBG-sselated &ctivit~ee, Per,one that are relocated are entitled to the 1. A choice ~tween 1~ a~ual reasonable tXon allowance~ 4. Interim Xivl~ col~ and and r~ferral ~o all~l~ ~ ~1~ ]~ Ill,l- tahoe to r~uce ~e ~ l~p I~ ~n~ ~ll ~ ~ ~e~nc value ot ~ntal a~siitan~ l~aXl~n~ ~ ~ ~ toward mutual housing alm~fatfon for i ~ri~ of up to 60 mon~l (5 years). C. Provisions for Non-~e~idantial Relocation BuM~nellel, non-poor,= o~a~zl~O~l, t~]~ i~.~ ~all no~ ~ relocated un~elg ~e ~ve ~l vo~unta~, eEsen~el to ~he pcoJec~ from ~he public v~ev, a~ ~he -?- I?F FEB 4~a2 owner waives his/her rights under the Uniform Act except for the following relocation assistance: 1. Actual moving and reasonable re- establishment expenses not le~s than $1,000 nor more than $20,000, equal to a pro rata share for the period of inter~uption of operations of the average annual net earnings. Average annual net earnings are one-half of the entitT,s net earnings bafore taxes, durin~ the two taxable years immedi- 2. No other b~neflte viii b~ provided, and a signed vaiver acknowledging this fact rill b~ re- quired. A. ~raon~ ~pying h~l~ ~lch 1. to ~ rehab~l- tnolusion in thi p~cam a~ ihall v~cate ~e houllng at ~e dtreotlon o~ th~ 1~1 gove~n~ (oc ltl Housing Director), In o~er ~o faolll~t~ ~ ~fe, timely and B. A moving all~an~ of 1300 v~ll ~ ~Ld~ elah ~dH ~n t~ pa~ntm ot )XSO mach u~ Uvin~ out and moving ~ck in. c. ~e l~al government ~y pr~lde a ,fi, di~t, ~a~e to temporarily displaced househol~ for the time ~ri~ au~orized by the Houming Dire~or, g~rally for ~e period of rehabilitation const~ction. Households 17F who occupy the unit shall have a $75 refundable depo~i% ' withheld from their initial moving allowance payment. This deposit shall be refunded in full immediately after the relocation unit is vacated in a clean and undamaged condition. The deposit refund shall be denied in full or in part for payment of damages to the owner/lessee due to the occupants' (a) failure to properly clean or maintain the unit, (b) physical damage to the unit, (¢) lOSS of keys to the unit, or [d) ne6d for any condition such as fu~lqation. A $25 per day penalty may also be assessed for the housaholdEe failure to properly vacate the relocation unit when directed to do so by the Housing Director. Do A storage allowance of up to $150 viii be provided each family unit displaced if storaqm is necessary and essential to tbs move. K. Insurance cost of u~ to ~100 for the velum of the household pro~ert¥ In connection mtorage is neuesss~y a~esmsntial to ~he move. If It la diteminid W :hi l~al q~ent ~a~ ~n~ of a dweXXi~ should ~ ~~y oilseed, a~ relocation to a decent, safe and sanita~ dwelling 17F unit. Benefits, if provided, will be limited to increases in monthly housing costs incurred by the occupant in an amount equal to the lesser of 60 times the increase or 30 percent of the person,s annual income. 24 CFR Part 570 must be con- sulted to determine specific limitations. f~ds only as a volunta~ action, ~ rehabilitation of dwelling is not feasible or cost eff~tive. Although homeo~er8 ~ve a r~t to A. Homeo~ers who 'meet ~ ~nc~ ~lmits will a replacement housing ~n= ~t to eX~ $28,000 ~m~onerl). ~e a~t w~l ~ ~ upon the the o~nmr,s ability to con~ribu~ to ~ r~plac~nt pur~ase price. ~ility to contrf~te ~all hous~old,z ~rro~lnq ca.city (~te~lned ~ lendi~ ag~es, including ~HA) a~ lipid asse~ a~ve $5.000 In value. B. To the extent feasible, replacement units will of comparable size and t~e as original 17F shall mean singIe-£amlly dstache~l, mobile home, or attached, if the unit is attached (duplex, triplex) and the displaced owner .~lso owns ~he other u~it(s) as rental proper=y, up to $10,000 per unit shal! be granted for construction of attached replacement units, provided that zoning and other applicable regulations allow con- struction of an attached ustC(s) whichwlll b~rented for a period of five years to CD~G income eligible mean the average monthly cost for rent and utllSty exceed 30% of the ~nant houeehoLdes gross monthly income. C. Homeowners will be encouraged to relocate onto the property from which ~hey were displaced or onto other the replacement unit. Lmnd shall be included al an eligible replacement unit cost only when the existing lite ia unsuitable due to inadequate size (baled upon zoning or other applicable regulations) or location in a w~tland or 100 year floodplain. ~xietinq housing that is in standard condition may al~o be approved as replacement housing. Pa~aent shall be dis~ursed only upon the Housing Director"s approval of the replacement unit. -11- .% f. 17F D. If space is available, displaced homeowners will be offered temporary replacement housing in one of the units provided by the CDBG program for housing rehabil- itation displacees. M~ving and storage allowances will be provided as annotated in section V. E. If a homeowner chooses to not purchase a replace- men~ dwelling, compensation shall be determined in the lame manner as for renter~. Comp~nsation shall not b~ lass that $2,000. A. If a claim for assis~ance 18 denied b~, the l~al governing b~y, the cla~n~ ~y a~al to ~e ata~e, court datelines the decimion wa. arb/tra~ and capri- a~as of hous~old fi~, fair ~l~ right, r~l emtate tran-&cti~n~, a~ l~ation a~ evaluation of replace~t housing op~lonl. ~ell~ shall provid~ by the H~ainq Dl~or to ~mnently dim- plac~ households to ~nau~ the foll~i~: 1. No ~on la dia~lminat~ against u~n, race, ~lor, ~lfqion, ~x, f~ilial status, or national origin. 2. Dlsplacees receive info.etlon concerning the full range of housl~ opportunities within the 1~1 housing market. ~epnred by ~ssell L Shreeve, Jr., Director ~llier county Housing and Ur~n Improvement Februa~, 1992 -12- 17F RESOLUTION NO. 92- 65 A RESOLUTION OF THE ~ OF COUNT~ COH~ISSIONERS, COTJ.!E~ COUNT~, FLORIDA, APPROVING AN ANTI-DISPLAC~ENT AND RELOCATION PLAN TO BE USED IN CONNECTION WITH C0~gJN ITY DEVELOPMENT BLOCK PROGRAHS. WH]~EA$, Collier County intends to apply to the Florida ~ar~me~t of Community Affairs for Co--unity Development Block ~ to help meet ~e co~ity development needs of Collier ~fo~ ~lo~tion ~sistan~ a~ Real Pro~y displacer of families a~ r~late the conditions u~er ~l~at~on Polf~ In confo~nce wl~ ~ Unifo~ Relocation ~end~, 49 ~ Pa~ 24, ~ Z4 C~ ~er 570.606; and NOW ~~E, SE IT R~LV~ ~Y ~E ~SSZON~ OF ~ ~, ~RZDA, ~at ~e ~un~ty ~l~t BI~ Grant ~ti-Oisplac~nt Collfer ~nty, Florfda, ae devel~ ~ cowry staff to ~Eo~ to ~ate a~ F~eral r~re~nts, ~ adopt~ for a~li~tion to any rel~atiom or dllplacement that ~kes place C~ty Oevelopment Block Grant. This Resolution adopted after motion, second and majority vote favoring same. ?A~[ES C. ~I~S., Clerk "" / / '. .'~-% j- to form and BOARD OF COUNTy COMmiSSIONERs - 2 - FAIR HOUSING ORDINANCE 17F Consolidated Plan One-Year Action Plan FY 2002-2003 Collier Cot, thO', Florida 8¸2 ORDINANCE 92- a AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-74, TH.E FAIR HOUSING ORDINANCE; BY AMENDING THE TITLE TO THE ORDINANCE; BY AMENDING SECTION TWO ENTITLED DEFINITIONS; BY AMENDING SECTION THREE ENTITLED UNLAWFUL HOUSING PRACTICES; BY AMENDING SECTION FOUR ENTITLED EXEMPTIONS AND EXCEPTIONS; BY AMENDING SECTION SIX ENTITLED COMPLAINTS; BY AMENDING SECTION ELEVEN ENTITLED PENALTY; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County ordinance NO. 86-74 creating a "Fair HQusing Ordinance" on November 4, I986; and WHEREAS, the Board of County Commissioners adopted Collier county Ordinance No. 8~-89 to amend ordinance No. 86-74 to include handicapped persons as a protected.class; and WHEREAS, the Federal and State Fair Housing Ac~s were amended to include familial status as a protected class; and WHEREAS, there is a need to amend Ordinance No. 86-74 to include familial statuk as a protected class and make minor changes to be consistent with State and Federal law. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that: SECTION ONE: The title to Collier County Ordinance No. 86-74 is amended to read as follows: An ordinance entitled "Fair Housing Ordinance" to prohibit discrimination on the basis of race, color, an~a~%r~r-national origin, religion, sex, ma~a~-~a~r-~er familial status, or handicap in housing; enunciating county policy relating to this type of discrimination; providing a common title; defining the terms used; prescribing unlawful discriminatory practices in connection with the sale, leasing, finamcing, and provisions of brokerage services relating to housing; providing certain exceptions; providing for the designation of administrator; prescribing the administrator's powers and duties; providing for conciliation hearings and agreements; providing for duties of administrator when probable cause of violation exists; providin~ action to be taken by admlnl$trator when conciliation of a violation fails or cannot be resolved; prescribing 1 7.F Words underlined are added; %qords ~tru~k-throu~h are deleted. a~q severability clause; and providing an effective date. SECTION TWO: Section Two, Definitions of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION TWO. DEFINITIONS. For the.. purposes of this Ordinance, the following definitions shall apply: A. Administrator - That person appointed by the County Manager pursuant to Section Five. B= AGe .... e~. Board - Board of County Commissioners of Collier County. BE- Discriminatory housing practice - An act that is unlawful under Section Three of this Ordinance. P. Dwellinq - any bui~diDg, structure, or portion thereof which is occupied as~ or desiqned or intended for occupancy as~ a vesidence by one or move families, and aPy vacant ~and ~hich is offeued for sale o~._ lease for the construction ov location thereon of any such building, structure, or portion thereof. E, Familial' Status - One or ~ore iDdividuals (who have not attained the aqe of' 18 years} beinq domiciled with-- a. a parent or another person havinq leqal custody of such individual or individuals; or b. the desiqnee of such parent or other person havinc suc~ custody, with' the ~ritten permission of such parent or othe~lF~pe~soD. ~he P~otect~o~s afforded aqainst discrimination on the basis of familial status shall apply to any person who is precr!ant or is in the process of securinc lecal custody of any ~D~iL<~dua[ who has not attained the aqe of 18 years. El. Family - 8ne--er-more--per~on~-~¥~ng--togather-aD--a m~ng~e--hounekaep~ng--un~t--~n--a--dwe~½ng= Includes a sinqle - 2 - Word~ unde_rllne~ are added; Words m~ruek-~hr0~qh are deleted. G. Lending Institution' Any bank~ insurance company, savings -and loan association or any other person or organization regularly engaged in the business of lending money;---'guaranteeing loans, or sources of credit .information, including but not limited to credit bureaus. H. Owner - Any person, including but not limited to a lessee, sublessee, assignee, manager, or agent, and also including the city and its departments or other sub-units, having, the right of ownership or possession or the authority to sell or lease any hou~n~-a~mm~da~om ~. I. Person - One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mo~eqa~e mutual companies, Joint stock companies, trusts, unincorporated organizations, trustees. trustees in bankruptcy, receivers, fiduciaries, or public corporations, or any department or sub-unit thereof. J. Real Estate Agent - Any real estate broker, any real estate salesman, or any other person, employee, agent, or otherwise, engaged in the management, sales, or operation of any real property. K. Real Estate Broker or Salesman - A person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other - ] - Words Dqderlined are added; Words mtrumk-~hrough are deleted. encumbrance upon real property, or who is engaged h business of listing real property in a publication, or a person emplgyed.-b~or acting on behalf of any these. ''.~ L.-' 'Real~ Estate Transaction - Includes the sale, purchase, exchange, rental or lease of real property, and any contract perta~ninq thereto. -' M.~ · ?o Rent -- Includes lease, sublease, assignment and/or rental, including any contract to do any of the foregoing, or otherwise granting for a consideration the right to occupy premises tkat are not owned by the occupant. '~. Respondent - Any person against whom a complaint is filed pursuant to this ~hap%ar~ Ordinance. 0%' Sale - Includes any contract to sell, exchange, or to convey, transfer, or assign legal or equitable title to, or a beneficial interest in, real property. P, Handicap with r~spect to a Derso~ - a. a physical oF mental im~airmeDt which substaD~ tiallv limits ode or more of such person's ma~or activities, b. a recovd o[ bavinq such aD impairment, or C~ beiDq reqarded as havinq such an impairment, but such term dQe$ ~ot iDclude current, illegal use ~ddi~tion to a controlled substance fas derided in sect%on Qf the Controlled Substance ACt (21U.S.C, 802)), Covered Multifamily Dwe~nq - ~, A buildiD~ which consists of four or more ~/]d ba~ an elevator: or b. The qroumd floor units of a bu%ld[nq_ 'whic~ ~o s~Ek~s of fq~ Dove~u~lt~_~_j~d does Do9 haze a~ eievator~ - 4 - Words ~deFlined are added~ Words m~r~k-~hr~gh are deleted. SECTION THREE: of Collier County Ordinance No. 86-74 shall follows: SECTION THREE. UNLAWFUL ~OUSING PRACTICES. (1) Unlawful housing practices - sale or rental. Except as provided in Section Four of this Ordinance, it shall be unlawful and a discriminatory housing practice for an owe%er, or any other person engaging in a real estate traDsaction, or for a real estate brgker, because of race, color,- ance~? national origin, religion, sex, ma~%a~ s~a~usT-age-~milial status, or handicap: A. To refuse to engage in a real estate transaction with a person or otherwise make unavailable or deny hou~ng A ~ to any person. B. To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in th'e furnishing of facilities or services in connection therewith, or-because of his exercise of his right of free association. C. To refuse to receive or fail to transmit a bona fide -offer to engage in a real estate transaction from a person .... D. To 'refuse ~o negotiate for a real estate transaction with a person. E. To represent to a person that ho~ng a dwellim~ is not available for inspection, sale, rental or lease when in' fact it is so available, or to fail to bring a property listing to his attention, or hous~ng dwelling. F. To make, mail, or cause to be Section Three, Unlawful Housing Practi~sf ~ be amended as to refuse to permit him to inspect the print, publish or circulate, post or made, printed, published or circulated, any notice, statement, advertisement or sign, or to use a form of application or photograph for a real estate transaction or, except in connection ~ith a ~ritten affirmative action plan, to make a record, or oral or written inquiry in connection with a prospective real estate transaction, which indicates directly 5 Words underlined are added; %qords Dkr~¢k-th~ough are deleted. or indirectly an intent to make a limitation, specification, or discrimination with respect thereto ba$¢~ Upon race. color, religion, sex, familiia~ status or national oriqi/]. G. To offer, solicit, accept, use or retain a listing of h~n~n~ a dwelling with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith. H. To make any misrepresentations concerning the listing for sale or rental, or the anticipated listing for ~ale or rental, or the sale or rental of any hoem~n~ dwellinq in any area' in unincorporated Collier County for the purpose of inducing or attempting to induce any such listing or any of the above transactions for discriminatory purposes. _~. I. To retaliate or discriminate in any manner against any person because of his opposing a practice declared unlawful by this Ordinance, or because he has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under this Ordinance. J. To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by the provisions of this Ordinance, or to obstruct or prevent any person from complying with ~he provisions of this Ordinance, or any conciliation agreement entered into thereunder. K. By canvassing to compel any unlawful practices prohibited by the provisions of this Ordinance. L. To promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer; or otherwise dispose of any h~n~ dwelling by referring as a part of a process or pattern of inciting neighborhood unrest; community tension, or fear of racial, color, religious, nationality, family comoositl©n~ or ethnic change in any street, block, neighborhood, or any other area, to the race, - 6 - Words Dndes~ne_Q are added; Words ntruck-~hrough are deleted. color, religion, familial sta%US, or national origin of act~l or anticipated neighbors, tenants or other prospective buyers of any.heu~ng ~LL~I~. M. To cause to be made any intentionally misleading statement or advertisement, or, in any other manner, attempt as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, religious, family gQDposition, nationality or ethnic change in any street, ~lock, neighborhood, or any other area, to obtain a listing of. any h~um~ng dwellin~ for sale, rental, assignment, transfer or other disposition, where such statement, advertisement or other representation is false or materially misleading, or where there is insufficient basis to judge its truth or falsity or warrant making the statement, or to make any other material misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said h~us~ng N. To place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer or other disposition tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any ho~mg dwellin~ that is not in fact available or offered for sale, lease, assignment, transfer or other disposition. O. It is unlawful to discrlminate iB the sale or rental of. or to otherwise make unavailable or de~y, ~ dwellinq to any buye~ or renter because of a haDd$caD of: 1. That buyer or renter; ~, A person residin~ in or intendinc to reside in that dwellin~ afteU it ~s so~d, rented, or made available; or 3. Any person associated with the buyer or rente~, P. It is unlawful to discrimima%e aqainst any perso~ in %be terms, conditions, ov puivileqes o~ sa~e o~ rental of a - 7 - Words u~devliDed are added; Words m~ueR-th~ough are deleted. dwellinq' °r i~ the provision of services or facililtieTs iFn connection with such dwelling, because o~ a h~dicap of: 4, That buyer or renter~ 2, A person residing in or intending to reside that dwelling after it is sold, rented~ or made available; $, Any person associated with the buyer or renterL Q, For purposes of subsections ~p) and (O) , discrimi o · .... I. ~ ue~us~] to permit, at the c×pense of thn handicapped person, reasoDable modificatioDs of e×istiDq premises occupied or to be occupied by such person if such ~odificatiQ~s may be Decessary to afford such person ful'l ~nJov~ent o~ the premises; or 2, A refusal to make reasonable accommodations rules, Dollcies, pract~em, Qr services, when such accommodations may b~ ~e~essarv to afford suQh DersoD e~ua] ~DDortunit¥ to use and enjoy a dwelling, R, Covered multifamilv dwellings as defined herei,l which are intended for first OccupaDcv after March 13. 1991, shall ~e designed and ~oDstructed ~o Dave a~ ~east one buildiDu entrance o~ a~ accessible route unless it is impractical to ~o because of the terrain or unusual characteristics of th,~ site as determined by Administrator rule. Such buildings shall also De designed a~d constructed iD such a manner that: 1, The public use and commo~ use pout~oDs of such ~wellin~$ are readily a~cessib%e to add usable bY handi~appe,j '~, All doors desiqned to allow passage ~nto and within a%% premises w~thin such dwellinqs are sufficiently widm ~O al%ow passaqe by a per.son in a wheelchair. ]. All premises within such dwe!llm~s ccntain the ~llpwinq features of adaptive des~qn: a) An accessible route into and through tho Qwelli~_q~ - 8 - Words uDderlio_e_qdd are added; Words mtr~k-~h~ugh are deleted. ~.hermostats, c) Reinforcements later i~sta%~atlo~ of qrab bats, and other environmental controls in accessible bathroom walls to allow d) Usable kitchens and bathrooms such that person iR a wheelchair ~a~ maheuver abou~ thc space, 4. ComPliance with the appropriate r~qu~reDeDt~ Qf the Ameuic~D ~ationa! Standards Institute for buildin~ and facilities mrovidin~ ac~essibilitv and usability for mhysica!ly handicapped people, commonly cited as ANSI A1~7.%-~986, suffices to satisfy the requ~remeDts o~ pavaqrapb ..... (2) Unlawful housing practices - Block busting. it shall be unlawful and a discriminatory housing practice for a person, for the purpose of inducing a real estate trar[~action for which he may benefit financially; ...... A. To represe'nt that a change has occurred or will or may occur in the composition, with respect to race, color, am~a~%ry? national origin, religion, sex, familial status, or handicap, of the owners or occupants in the block, neighborhood, or area in which the ~ is located. B. To represent that this change will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the h~n~ ~mm~a~n dwellin~ is located. C. To make, as part of a process or pattern of discouraging the purchase, rental, occupancy or otherwise of any h~n~n~ dwe%%inq in a particular block, neighborhood or area, any representation to a person known to be a prospective purchaser, that such block or neighborhood or area may undergo, is undergoing or has undergone a change with respect to racial, color, religious, nationality, family compositioD~ or ethnic composition of such block or neighborhood or area. Words underliDed are added; Nords m~ruck-throngh are deleted. 17F D. To engage in, or hire to be done, or to conspire with others to commit actions or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the intent to either discourage or induce, or attempt to induce, the sale, purchase, rental or lease or the listing of any h~ng a~mm~a~n dwelling. _. ...... ~.._ For__ profit, to induce or attempt to induce any person to sell or not sell, or rent or not rent any ~ . by.representations regarding the entry or pl7os~ective entry=~nto the neighborhood of a person or persons protected by the provisions of this Ordinance. .... (3) Unlawful housing practices - Financing. A~. It shall be unlawful and a discriminatory housing practice for any lending institution, to deny a loan or other financial assistance to an applicant thereof for the purpose of purchasing, constructing, improving, repairing or maintaining h~m~ a dwellinq, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, an~a~%myr national origin, religion, sex, ma~ea~--~a~?--a~er familial status, or handicap of such person or of any person associated with him in connection with such loan or other financial assistance, or the purposes of such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the hou~ng dwellinc in relation to which such loan or other financial assistance ~ j_~ to be made or given; provided, that nothing contained in this subsection shall impair the scope or effectiveness of the exceptions contained in Section Four of this Ordinance. ~1] It is unlawful for any person or entity whos~ bus~ess ~cludes eDqaqinq in residential real est~t~ ~Tansactjons to discriminate aqainst any person in makinq - 10 - Words underlined are added; Nords ~trn~k-~hr~gh are deleted. such a transactioD, because of race, color, national origin, sex, handicap, familial status, or religion. (~} As used iR this subsection, the ter~ residential real estate traDsactio~ mea~s amy oS the following: a) The making or purchasing o4 loans or urovidin~ other financial assis~a~e~ (1) For purchas~Dq, construction~ imDrovipo, ~e~airin~. o~ ~ainta%niDg a dwelling; or ~ f2) Secured by residential rea~ estate. b) The sell~nq, brokering, or appraising of residential real property. (4) Unlawful housing practices - Brokerage Services. It shall be unlawful and a discriminatory housing practice to deny any person access to or membership or participation in any.multiple listing service, real estate broker's organization or other service, organization, or facility related to the business of selling, or' renting h~ng ~, or to discriminate against such person on the terms or conditions of such access, membership or participation because of race, color, an~emt~yT national origin, religion, sex, ma=~%a~ s~at~s~-~geT ~amifial status, or handicap. SEC~CION FOUIR: Section four, Exemptions and Exceptions of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION FOUR. EXEMPTIONS AND EXCEPTIONS (1) Nothing in Section Three shall prohibit a religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting or from advertising the sale, rental or occupancy of h~u~mg a dwe~l~Dq which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership i~ such yel~qion is restricted on account o( race, color~ or na%ional origin. Nor shall anything - 11 - Words underliged are added; Nords mtrnck-through are deleted. in this section prohibit a private club not in fact open to ] public, which as an incident to its primary purpose or purposes provides .... lodgings which it owns or operates for other than a commercial purpos~from limiting the rental or occupancy of such -lodgings to its members or from giving preference to its members. ~(~-~ -_ Nothing in Section Three, DKcept subsection 1 (F), shall apply to: ........ A. Any -single-family house sold cr rented by~ its owner: provided, that such an individual owner does not own more than three such single-family houses at any one time; provided=_ further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted-by this subsection shall apply only with respect to one such sale within any ~wenty-four month period; provided? further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to'or any rights to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time; provided~ further, that the owner sells or rents such ho~s~ng dwelli~q: (1) without the use, in any manner, of the sale or rental facilities or the sales and rental services of any real estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting hou~ng dwellings, or of any employee or agency of any such broker, agent, salesperson, or person; and (2) without the publication, posting or mailing, after notice, of any advertisement or ~ritten notice in violation of Section Three, subsection 1 (F) Of this O~di~anc~; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer the title; or - 12 - Words _u_nderlined. are added; Nords ~t~ck-through are deleted. B. Rooms or units in h~nm~n~ dwellings contain living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actua.~ly- ~aint~ins and occupies one of such living quarters as his residence, provided that the owner sells or rents such rooms or units; (1) without the use in any manner of the sales or rental facilities or the sales or rental'services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting h~n~in~ d__wel%%nqs, or of any employee or agency of any such broker, agent, salesperson, or person; and (2) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section Three, subsection 1 (F) of this OrdinaDce; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, ad other such professional assistance as necessary ko perfect or transfer the title. For the purpose of %h~ Section Four. Subsection 2 o~ this ~ a person shall be deemed to be in the business of selling or renting housing if: a. he has, within the preceding twelve months, participated as principal, other than in the sale of his own personal residence, in'providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any houm~ng dwellinQ or any interest therein; or b. he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities-or ~e~--~-~en~a~-~a~e~ or sales or rental services in two or more transactions involving the sale or rental of any h~n~ dwellinq or any interest therein; or c. he is the owner of any h~m~m~ d~ellinq designed or intended for occuDancy by, or occupied by, five or more families. - 13 Words undeclined are added; %qords ~truek-~hr~ugh are deleted. 7-. (3) Nothing in Section Three shall be construed to: A. Ba~-any_pe~n__~m_~e~k~ng_~a~e~r__~enta~r °~-B°na-~de-ho~m~n~-~ntended-~o~e~¥_fo~_m~no~v B ~. Make it an unlawful act to require that a person have legal capacity to enter into a contract or lease. e ~. Bar any person from advertising or from refusing to sell or rent any h6~ng ~wellin~ which is planned exclusively for, and occupied exclusively by, individuals of one sex, to any individual.of the opposite sex. B ~. Bar any person from sel!ing, . .renting or advertising any h~s~ng dwell~Dq which is planned ex¢l~sively for, and occupied exclusively by, unmarried individuals to unmarried individuals only. w~%h-¢h~dren-eo-~pac~a~-un~-o~-hous~ngv F. Bar any person from refusing to sell or rent any h~um~ng dwelltn~ to unmarried individuals cohabiting contrary to law. G. Bar any person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less that the term for which the loan is requested. (4] NothiDG in section three requires a~¥ person renting or selling a dwelltn~ constructed for first occupancy March 13, 1991, to modify, alter, or adjust the dwelling order %o pVovlde physical access~bility except as otherw~so recuired by law~ j~] A. ADy provision of Section Three reqardinq familia! status does not apply with respect to housinq for older pcusonsu - 14 Words uadeulined are added; Words ~trneR-thr~ngh are deleted. ~, As used in this subsection, the term "housing 91der persons" ~eaDs hous~Dgl 1, Provided under any state or federal program that. the-commissiog determipes is speci(~cally designed Qperate~ to assist elderly pevsons, as defined ~D the state or federal program: 2, Intended (or, a~d solely occupied by,'persons 62 Years of age or older: or 3. I~tended a~d operated for occupancy . by a__t least O~e perso~ 55 years o~ a~e or o~der per uD~t. .In deterTnin~nq whether housing ~ua~ifies as housiDq for older persons under this subparagraph, the commiss~oD shall consider at least the followfn~ factors: (a) The e×iste~e Of significant facilities and services specifically ~esiqned ~o meet the physical or social needs of older persons, or if providin~ such facilities and services is not practicable, such housin~ is necessar~ to provide ~fmportant housin~ opporSuDities for older persons: (b) ~t ~ast 80 pe~ce~t of the units, are ~y at least one peTson $5 yeats o( age or older per ~c) The publication of and adherence ~O policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of a~ or older. C. Housing shall not fail to be considered housing for older persons if: 1. A person who resides iD such bousin~ on or after October 1~ ~989, does not meet the age requirements of this subsection, provided that any new occupant meets such age reGuirements: or ~, Q~e ou more u~its are unoccupied, provided that any uDoccupied un~ts are reserved for occupancy by persons who meet t~e age requirements of this subsection. - 15 - Words underlined are added; ~{ords st~uck-through are deleted. ? SECTION FIVE: Section Six, Complaints of Collier Count~ Ordinance No. 86-74 shall be amended as follows: SEC~ZO~ SZX. (1].-A person who claims that another person has committed a discriminatory housing practice may report that offense to the administrator by filing an informal complaint within sixty (60) days after the date of the alleged discriminatory housing practice and not later. (2) The administrator sha~ll treat a complaint referred by the. Secretary of Housing and Urban Development cr the Attorney GenerAl_ of the United States under the Fair Housing Act of 1968~ .... P~blic Law ~0-284, as an informal complaint__filed under ~ubsection 1. (3) An informal complaint must be in writing, verified or affirmed, on a form to be'supplied by the administrator and shall contain the following: ..... A. Identity ~ address ~gf the respondent(s). B. Date of the offense and date of filing the informal complaint. C. General statement of facts of the offen~e including the basis of the discrimination (race, color, an~e~yr national origin, religion, sex, familial status, or handicap). D. Name and signature of the complainant. ~5~(4) Within fifteen (15) days after the filing of the informal complaint, the administrator shall transmit a copy of the same to each respondent named therein by certified mail return receipt requested. Thereupon, the respondent(s) may file a written, verified informal answer to the informal complaint within twenty (20) days of the date of receipt of the informal complaint. 16 - Words ~Dder~ined are added; Words ~r~k-~hro~gh are deleted. ~6~(5) An informal complaint or answer may be amended~tf ~ any time, and the administrator shall furnish a copy of each amended informal complaint or answer to the respondent(s) or complainant(s) respectively as promptly as practicable. ~(6) The administrator shall assist complainant(s)~ or respondent(s) when necessary in the preparation and filing of informal complaint or answers or any amendments thereto-. SECTION SIX: Section Eleven, Penalty, of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION ELEVEN: p~ENALTY Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction shall be punished by fine not to exceed five hundred d~llars ($500.00) or by imprisonment in the County Jail not to ~xceed sixty (60) days or by both' fine and imprisonment. Nothina in this section shall be construed to prohibit the County from Drosecutinq anv violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of ChaPter 162. Florida $~tutes, SECTION SEVEN: Construction and Severability. This Ordinance shall be iiberally construed to effectuate its public purpose. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT. EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. - 17 - Words underlined are added; Nords ~u~k-~h~ough are deleted. PASSED AND DULY ADOPTED BY THE Board Commissioners of Collier County, Florida, this ~/~ _, 1992. of i?F County day of DATED: ATTEST :- JAMES C. GILES, Clerk Approved as to form and legal Su..ffic~ency: Assistant County Attorney BOARD OF COUNTY COM24ISSIONERS COLLIER COUNTY, FLORIDA ' MICHAEL J~,~OLP~, Chairman This ordinance filed with the SecretOry of ~'e's Office the and acknowledgement ~o.f t~ot fili_~g re~:eived thisA~'';T~C- doy . - 18 - Words underlined are added; Words ~trucR-thrg~gh are deleted. .. iFF COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (LHAP) Consolidated Plan One- Year Action Plan FY 2002-2003 Collier County, Florida 83 17F Collier County and City of Naples, FL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN For the State of Florida Fiscal Years July 1, 2001 through June 30, 2004 Collier County Housing and Urban Improvement Department Community. Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Phone (941) 403-2330 ~ Fax (941) 403-2331 www.co.coilier, fl.us/h ui Collier County and City of Naples, FL 17F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN State Fiscal Years 2002, 2003, and 2004 PROGRAM DESCRIPTION A. Names of the participating local governments: Collier County Government and the City of Naples, FL. Summary of the proposed program: Collier County and the City of Naples have adopted an Interlocal Agreement to administer housing programs in Collier County. Collier County Government is designated as the administrative agency for the program. The SHIP Proqram is governed by Section 420-9079, Florida Statutes and Rule Chapter 67 37, Florida Administrative Code SHIP funds along with CDBG and private funds will be available to develop and improve affordable housing opportunities in the City of Naples and the unincorporated areas of Collier County. Funds will be used to assist in the purchase of and development of single family owner occupied housing, rehabilitate existing housing, provide housing for persons with special needs, and assist in the development of affordable rental housing. C. Fiscal years covered by this plan' This local housing assistance plan allocates SHIP Funds for State Fiscal Years 2002, 2003, and 2004. Public input in developing this plan: Public input was received through the Collier County/ City of Naples Affordable Housing Commission. This nine-member commission meets monthly to discuss and explore affordable housing issues facing the County. Meeting notices are sent out and all meetings are open to the public. E. Available Support Services: · Collier County Banking Partnership · Salvation Army Transitional Living Center · Collier County University of Florida Extension Service · Habitat for Humanity of Collier County 2 17F · The Saint Mathews House Transitional Living Center · Collier County Housing Authority · The Red Cross of Collier County · Catholic Charities of Collier County · Community Housing Partnership of Collier County · Collier County Loan Consortium II. INTERLOCAL AGREEMENT See attachment 1 "lnterlocal Agreement". III. LOCAL HOUSING PARTNERSHIPS A. The Collier County Housing and Urban Improvement Department has always maintained local housing partnerships with interested groups throughout the area whose input has been sought on affordable housing issues and in the preparation of the SHIP Program strategies. Representatives from these groups are routinely invited to attend public meetings regarding the development of housing related issues such as the Housing Assistance Plan. Their input is continuously sought on the implementation and administration of the Housing Assistance Plan. Bo Another local partnership exists between the Collier County Housing and Urban Improvement Department and Focal area mortgage lenders, realtors, developers, and closing agents. Representatives from each of these groups work together on a daily basis to ensure that SHIP Programs function smoothly. To date over 1,500 loans have been closed through Collier County SHIP programs. IV. Strategies A. Housing Assistance Strategies bo Down Payment / Closing Cost Assistance with Emergency Repair Program The Down Payment / Closing Cost Assistance Program assists first-time homebuyers by paying a portion of their down payment and closing costs. Buyers of existing units are also eligible for additional rehabilitation or emergency repair to the unit purchased. The program provides second mortgages to eligible applicants to assist in the' purchase (and repair if applicable) of new or existing single-family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. Down payment / closing cost assistance will be available only to Iow and very-low income applicants. Applications will be taken on a first-come / first-served basis from all applicants meeting the selection criteria. The selection criteria will include the following: · The applicant must be a first-time homebuyer. A first- time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. · The home to be purchased must be located within the boundaries of Collier County, FL. · The applicant must be prs-approved by the lender providing the first mortgage for the purchase. · The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. All down payment / closing cost and emergency repair loans will be secured by second mortgages. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. The down payment / closing cost and emergency repair program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to Iow and very-low income first-time homebuyers in Collier County. 17F Impact Fee Relief Co do The Impact Fee Relief program provides waivers and/or deferrals of Board of County Commissioner imposed impact fees on single family units for Iow and very-low income first- time homebuyers in Collier County. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. Impact fee waivers and/or deferrals will be available only to Iow and very-low income applicants. Applications will be taken on a first-come / first-served basis from all applicants meeting the selection criteria. The selection criteria will include the following: The applicant must be a first-time homebuyer. A first- time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. The home to be purchased must be located within the boundaries of Collier County, FL. The applicant must be pre-approved by the lender providing the first mortgage for the purchase. The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. Yew-Iow income buyers receive a 100% Waiver o[ ].mpact Fees, Low Income buyers receive a 50°/,, Waiver / 50% Deferral or Impact Fees, Moderato Income Buyers receive a 75% Deferral of Impacl .Fees. Impact fee relief assistance comes in the form of both a waiver and/or deferral. Fees deferred are recaptured when the property is sold, transferred, refinanced, or is no longer the primary residence of the applicant. No recapture is required on fees waived unless the property is sold, 17F transferred, or is no longer the primary residence of the applicant prior to fifteen years from the date of purchase, in which case the waived fees are immediately due and recaptured. The impact fee relief program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to Iow and very-low income first-time homebuyers in Collier County. Persons participating in the Impact Fee Relief program are also eligible to leverage the purchase of their home with SHIP Down Payment/Closing Cost Assistance loan funds. m Housing Rehabilitation- Owner Occupied fo bo eo The housing rehabilitation- owner occupied program assists very-low income homeowners by providing loans to pay for necessary repairs. All identified repair work must include the correction of housing code violations and/ or deferred maintenance. This strategy will be funded during state fiscal years 2002, 2003, and 2004. This program will assist only very-low income homeowners. Applications will be taken on a first-come/first served basis. Loans will be given to only very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds, CDBG funds, or other alternative sources. 17F Housing Rehabilitation- Rental bo The housing rehabilitation- rental program assists non-profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and/or deferred maintenance. This strategy will be funded during state fiscal years 2002, 2003, and 2004. This program will assist only non-profit housing providers who provide housing to Iow and/or very-low income tenants on a first come, first served basis. do A non-profit housing provider wishing to receive rehabilitation- rental funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources · Preference will be qiven to orqanizations participatin.q in the WaRes to Work program_. ' eo All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of 20 years. The interest rate on loans will ran.qe from 0% to 5%, and will be based on factors includin.q: need of thc; organization, the orqanization's ability to repay, and non .profit or profit status of the orqanization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c) of the Florid~ Administrative Code. Resale and First Ri.qht of Refusal for Affordable Housinq will be Riven to Eliqible Sponsors a,,; noted in Section 420.9075 ('4)(f) F/orida Statues. 17F SHIP funds will be leveraged by the non-profit housing provider receiving the loan at a 1 to 2 ratio. For every $1 of SHIP funds used the non-profit housing provider must contribute $2. lO 17F Land Acquisition / Transfer With New Construction The land acquisition / transfer with new construction program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing opportunities by offering loans to non-profit housing providers to acquire such land. The Collier County Housing and Urban Improvement Department may also use this program to purchase land to be used for affordable housing. bo This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. The eventual beneficiary must be Iow or very-low income~ and be selected on a first come first served basis. A non-profit housing provider wishing to receive land acquisition transfer with new construction funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources · Preference will be qiven to organizations participatin.q the Wages to Work program. Land acquisition / transfer program funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years with an interest rate of 0%. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. f° The SHIP funds used in the land acquisition / transfer program will be leveraged by several public and private 1] 17F sources. The non-profit a. gencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. 12 17F Demolition With New Construction Through the demolition with new construction program Iow and very-low income homeowners of substandard housing may receive a deferred payment loan to pay for the demolition of substandard housing units found not to be cost effective or possible to rehabilitate. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. Participants in this program must be Iow or very-low income. Applications will be taken on a first-come/first served basis. Loans will be given to only Iow and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptu red. In cases where the cost of demolition exceeds the maximum award available to the borrower SHIP funds used in the strategy will be leveraged by the homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new first mortgage when the new home is built. Recipients of loans from this strategy may also qualify for SHIP down payment/closing cost assistance and SHIP impact fee relief. 17F Special Needs Housing ao Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be awarded to non-profit organizations serving special needs clients for the purchase or development of homes, apartments, or land. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. The eventual beneficiary must be Iow or very-low income. and be selected on a first come first served basis. A non-profit housing provider wishing to receive special needs housing funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources Special needs housing funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need of the'; organization, the organization's ability to repay, and non profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c) of the Floridu Administrative Code. Resale and First Ri.qht of Refusal for Affordable Housing will be Riven to Eligible Sponsors a.,; noted in Section 420.9075 (4)(f) Florida Siatues. 14 17F The SHIP funds used Jn the special needs housing program will be leveraged by several public and private sources. The non-profit agencies receiving these loans will be constructing housing units on the ~ands with funding secured elsewhere in the public and private sector. 17F Emergency Home Repair ao The emergency home repair program offers loans to Iow and very-low income homeowners whose homes need repair to correct life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. bo This strategy will be funded for State Fiscal Years 2002, 2003, and 2004. All recipients in this program must be Iow or very-low income. do Applications will be taken on a first-come/first served basis. Loans will be given to only Iow and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All Units assisted must have life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. eo All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner's first mortgage, and any equity amassed in the home. Co Urban Infill- New Construction The Urban Infill- New Construction program will provide loans to very-low income home buyers to build new homes in targeted areas of the county. Loans may be used for land acquisition, construction, clearing title, demolition, and debris removal. This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. This program will be available to only very-low and Iow income homebuyers, .with priority .qiven to very-low income. Applications will be taken on a first-come/first-served basis from all applicants meeting the selection criteria. The selection criteria will include the following: · The home to be purchased must be located within a target urban infill area of Collier County, FL. · The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. · The applicant must be very-low income. · The applicant must be able to obtain clear title to the property, maintain homeowner's insurance, and pay property taxes on the new home. · A maximum of 10 loans per fiscal year may be made through this program. All urban infill new construction loans will be secured by first mortgages placed on the property. The Loans will be ,qiven at 0% interest. Payments will be accepted monthly until tho property .......... t-', ~',--, ,y is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. SHIP funds used in the urban infill- new construction program may be leveraged by several other SHIP strategies including impact fee relief and demolition with new construction. State and federal grants may also be used as leverage to acquire lots. 17 10, ao Urban Infill- Neighborhood Blight The Urban Infill- Neighborhood Blight program provides loans to non-profit housing providers to acquire land or existing housing units in targeted blighted areas of the County. The non-profit housing provider may then rehabilitate the units and offer them for sale or rent to Iow or very-low income persons. This program will be funded during State Fiscal Years 2002, 2003, and 2004. The eventual beneficiary of must be Iow or very-low income. A non-profit housing provider wishing to receive Urban Infill- Neighborhood Blight funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources · A maximum of 10 loans per fiscal year may be made through this program. Urban Infill- Neighborhood Blight funds will be made available by loans secured by a first mortgage placed on the property acquired. The interest rate on loans will ran.qe from 0% to 5%, and will be based on factors includinq: need or the or.qanization, the organization's ability to repay, and non profit or profit status of the or.qanization. Loans Will be given~ for a maximum term of 20 years. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years ~ Rule _Ch_a.ter_ 67-37.005 6 c of the F/or/da Administrative Code. Resale and First Ri ht of 17F Affordable Housin will be iven to Eli ible S onsors as noted in Section 420.9075 4 f F/or/da Statues. SHIP funds used in the urban infill neighborhood- blight program may be leveraged by several other SHIP strategies including Impact fee relief and demolition with new construction. State and federal grants may also be used as leverage to acquire properties. 17F VI, B. Housing Incentive Strategies 1. Expedited Processing of Permits for Affordable Housing Projects. Collier County Ordinance No. 89~39 adopted July 18, 1989 speeds the rezone, approval, and permitting of developments for affordable housing. 2. Process of Ongoing Review The executive summary system used by the Collier County Board of County Commissioners serves as a process for on going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which may be reviewed as to its effect on affordable housing. TIMELINES A. See attachment 2, "Timetables 2002, 2003, & 2004". B. See attachment 3, "Housing Delivery Goals Chart 2002, 2003, 2004". AFFORDABILITY A. Homeownership Income limits are provided by HUD, distributed by the Florida Housing Finance Corporation, and will be adjusted annually without further approval by the City, County, or State required. Very-low income is defined as total household income that does not exceed 50% of area median income, Iow income is defined as total household income above 50% of median not to exceed 80% of median, and moderate income is defined as total household income above 80% but not to exceeding 120% of median income. Monthly housing debt, including taxes and insurance, should not exceed 30% of total monthly household income, unless the institutional first mortgage lender approves a higher monthly debt it monthly income ratio. For acquisition activities the purchase price of a ,,-,-,~,, ~.~,,,,.+,,,~.+~,~ home may not exceed excccd $1!8,264, the maximum allowable limit for Collier County set by the Florida Housinq Finance Corporation. 2O 17F VII. VIII. B. Rental 1. Rental rates may not exceed those published and updated annually by the Florida Housing Finance Corporation. ADVERTISING AND OUTREACH At least 30 days prior to availability of funds Collier' County will advertise availability of SHIP Funds in The Nap/es Da/ly News, the newspaper of greatest circulation in Collier County. The Collier County Housing and Urban Improvement Department may also, depending upon the program, use additional outreach efforts, including brochures, additional advertising, or direct mail. ADMINISTRATIVE EXPENSES The responsible entity for administration of this program is the Collier County Housing and Urban Improvement Department. The HUI Director shall have the authority to fully administer the SHIP program within the constraints of this plan. B. The Collier County Housing and Urban Improvement Department will use 10% of the SHIP funds for the administration of the program. C. Breakdown of the administrative budget for the Collier County SHIP program State Fiscal Years 2002- 2004, .FY2002 _FY2003_ FY2004 Salaries & Benefits $118,500 $118,500 $118,500 Supplies $ 5,000 $ 5,000 $ 5,000 Training $ 2,500 $ 2,500 $ 2,500 Legal Services $ 4,000 $ 4,000 $ 4,000 Advertising $ 500 $ 500 $ 500 Professional Services $ 35,690 $ 35,690 $ 35,690 Other Equipment $ 3,000 $ 3,000 $ 3,000 Office Rent/Utilities $ 20,000 $ 20,000 $ 20,000 TOTAL $189,190 $189,191 $189,190 D. Consultants will not be used for the administration of the SHIP Program. IX. CERTIFICATION PAGE A. See attachment 4, "Original Certification Page". SIGNED RESOLUTION A. See attachment 5, "Collier County Resolution No. 2001- 17F Attachment 1 Collier County Local Housing Assistance Plan FY 2002, 2003, and 2003 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this ~ day of April, 2001 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County") and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council ("City"): WITNESSETH: WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act .... SHIP"), authorizes monies in the Local Government Housing Trust Fund (the "Fund") to be distributed to the County and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have determined the SHIP funds can be more effectively and efficiently utilized and managed when the County and City work cooperatively to address the community's affordable housing needs. 17F NOW, THEREFORE, FOR AND /lq CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree that the monies in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated between the County and City as follows: City 9.28% County 90.72% For Fiscal Year, 2002-03 the State allocated 9.28% of the SHIP funds to the City and 90.72% to the County. Therefore, no less than 9.28% of the total allocation will be earmarked for the City of Naples in any given fiscal year. These percentages are based upon the March 2001 'SHIP program allocation distribution schedule. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance Area as defined in the July 1994 Interlocal Agreement adopted.by Collier County and the City of Naples. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of monies in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this~ day of April, 2001 shall expire on the 30th day of June, 2004, unless at such time the City and the County mutually agree to extend this Agreement or terminate said Agreement under the provisions of Section 8. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the monies in the Fund in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. The monies distributed will be deposited in the below listed Depository Account or Accounts: First National Bank of Naples, Account Number 113-8577 Separate line items will be maintained for the County's SHIP allocations and the City's SHIP allocations. The Corporation will be notified of any change. The parties agree to have such Account and Accounts audited annually as required by statute and Corporation Rule. If one account in maintained for the parties hereto they agree to pay their pro-rata share of the cost of an audit based on the same percentage as the SHIP program allocation distribution schedule. 5. Provided this Interlocal Agreement remain effective between the City and the County, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. 17F 6. The parties to this Agreement Understand that the statute requires an incentive plan for providing affordable housing and they agree to cooperate in ensUring that the requirements and spirit of the statute are satisfied. 7. The part/es to this Agreement recognize the contributions of the .joint City/ County Affordable Housing Commission (Al-lC) and agree to appoint AHC members to the Affordable Housing Advisory Committee. The COUnty's Housing and Urban Improvement office will be responsible for the OVerall administration of the programs assisted with SHIp fUnds and shall receive administration monies from the SHIp allocation. Said administration allocation shall not exceed 10% of the total SHIp allocation in accordance with 420.9075 (6) and County Resolution 2001~ . The County will establish, administer, and audit a Local Housing Assistance Trust Fund in aCCordance With Ordinance No. 93-19, as amended and SHIp requirements. In addition, the COUnty will SUbmit the required annum report on behalf of the inteHocal entities. 8. If at any time during the term of this Interlocal Agreement, the City or the County Which are part/es to this Interlocal Agreement believe that the intent of the part/es as set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, Upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the first day of the next fiscal year. If the part/es are Unable to so renegotiate the terms and provisions of this Imerlocal Agreement prior to the cOmmencement of the next fiscal dill year, the noticing party shall cease to be party to this Interlocal Agreement and this lnterlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statues. 9. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation. 10. For all purposes of this Interlocal Agreement, the term "Interlocal Agreement" shall mean this Interlocal Agreement. 11. Both parties acknowledge the SHI~P enabling legislation, the rules promulgated to implement same, and that the Statute and the rules are incorporated herein as if they were reprinted. 12. Attached to this Interlocal Agreement are copies of the Ordinance No. 93~ 19, as amended, which creates the Collier County Housing Assistance Program, establishes the Housing Trust Fund, and creates the Affordable Housing Advisory Committee in accordance with Florida Statutes and Florida Administrative Code. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. .,.DATED: ATTEST: ' IJtWIGHT E. BROCK,"CLERK $t~ature o~1~. APPROVED AS TO FORM AND LEGAL PATRIC~G. WHITE ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA DATED: ATTEST: CITY OF NAPLES, a municipal corporation -., NNIE R. MACKEN~]~, N'~'~R BEVE~"~Y GRAI~, CITY~RNEY 17F RESOLUTION NO. 2001- 13 0 RESOLUTION APPROVING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2001-2002, 2002-2003, AND 2003-2004 AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; APPROVING A MAXIMUM AWARD SCHEDULE; MAINTAINING ADMINISTRATIVE COSTS OF THE LOCAL AFFORDABLE HOUSING ASSISTANCE PLAN AT A MAXIMUM OF TEN PERCENT OF THE TOTAL SHIP ALLOCATION; AUTHORIZING SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION FOR REVIEW AND APPROVAL; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS; APPROVING THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES; AND APPROVING THE EFFECTIVE DATES. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, Chapter 91-37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS, the Board of County Commissioners of Collier County Florida enacted Collier County Ordinance No. 93-19 on April 13, 1993 establishing the Collier County Local Housing Assistance Plan; and WHEREAS, through Resolution No. 93-t 59 the Board of County Commissioners adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP funds for fiscal years 1992-1993, 1993-1994, and 1994-1995; and Page 2 Certification (12) The local housing assistan,ce trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity, shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (~4) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. Rental Units constructed or rehabilitated with SHIP funds shall be monitored at annually for 15 years for compliance with tenant income requirements and Board of County Commissioners Collier County, Florida 17F WHEREAS, though Resolution No. 95-284 the Board of County Commissioners adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP funds for fiscal years 1995-1996, 1996-1997, and 1997-1998; and WHEREAS, the Act requires in order to qualify for additional SHIP Funds, local governments must develop a new one to three year Local Housing Assistance Plan outlining the local government's use of SHIP Funds; and WHEREAS, the Act also requires the local government to adopt a maximum award schedule, an average cost per unit, and a maximum cost per unit for eligible housing benefiting from SHIP Awards; and WHEREAS, the Act limits the administrative costs of the Local Housing Assistance Program to five percent (5%) of the total SHIP allocation unless the Board of County Commissioners, by this resolution, increases the pementage to a maximum of ten percent (10%); and WHEREAS, it is in the best interest of Collier County to qualify for the SHIP Funds, and all action taken by the County in furtherance of such qualification is for a valid County purpose. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that: I. The Board of County Commissioners hereby approves the Three Year Local Housing Assistance Plan for fiscal years 2001-2002, 2002-2003, and 2003-2004. 2. The maximum award schedule for SHIP Funds under the Local Housing Assistance Program shall be $50,000 per eligible unit. 3. The average cost per unit for eligible housing benefiting from SHIP Awards shall be $80,000. 4. The maximum cost per unit for eligible housing benefiting from awards made pursuant to the SHIP program shall not exceed $118,264 for existing units and $106,365 for newly constructed eligible housing units. 17F 5. The annual administration costs of the Local Housing Assistance Program shall be maintained at ten percent (10%) of the local SHIP allocation. 6. The Chairman of the Board of County Commissioners is authorized to submit the Local Housing Assistance Plane, a copy of which is attached hereto and made part hereof, to the State of Florida Housing Finance Corporation for its review and approval. 7. The Chairman of the Board of County Commissioners is authorized to execute the certifications annexed to the Housing Assistance Plan on behalf of the County. 8. The Chairman of the Board of County Commissioners is hereby authorized to execute the Interlocal Agreement between Collier County and the City of Naples adopting the Parties' implementation of the Local Housing Assistance Plan adopted herein by reference. 9. This Resolution shall take effect immediately upon its adoption. This resolution adopted after motion, second, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA SAMES .ff//R R,~ffD.,-~i4-35mMAN c.~R(~VED AS TO FORM AND LEGAL IEN .' · HITE ASSISTANT COUNTY ATTORNEY f FILED :X~S ~7~t'Z'NZ~S~2~ (8~Z~) ~noa~; ~Rov~T~Y0;ST~TE Hanagamen~ Plan as l~s Co~p~ehenst~e Plan on ~anua~ 10~ 1989 p~uanb ~o ~h8 re~tr~en~ o~ Se~lo~ 163.3161 e~ se~,, ~lo~lda S~a~u2es; and Rule 9~-5; Flo~Xda A~X~s2ra~vm Code; and ~XS, CollLer count~ has a~emp~ed to add~ess ~e of lack of edemata and affordable housing for ve~ low~ 1~ and moderate-~=ome 'bouseholde ~n ~e County a~d the nee~ innovative pro. ams to ass~s~ ~n ~e provision of such affordable housing by ~nclud~g provisions ~n ~he ~ro~ Hanagement Plan poZ~ 2.1.2, policy 2.1.5 and policy 2.1.6 o~ ~e Housing Element~ ~, the Florida State~g~s~ature enacted ~e W~ll~am Sadowsk~ Affordable Housing Act, out~ed in Se=t~on 420.907 ~e~., Florida Statutes, a~ Chapter 91-37, Florida Adm~nistra~ve Code, as a co~prehensive funding package for State and local housing programs to ~tter enable local gover~ents to meet their regpon's~b~lit~es for affordable housing ~n accordance with comprehensive plans. Plan which is consisten= ~ith Section 420.907 ea. se~,~, Florida Statutes, Chap=er 91-37, Florid~ Admin~st=ative Code and the Housing Element of the Gro~h Hanag~men= Plan of Collier county. NOW, ~EREFO~E, BE IT ORDAINE9 BY THE BO~D OF CO~TY CO~ISSIONERS OF COLLIER C0~Y, F~RIDA THAT: -1- SECTION I. Intent and Pu~os9 A. The intent of this or~inancs is: 1. To make affordable residential housing available for Very Low-incomm Persons, Low-income Persons or Moderate-income Persons 2. To combine local resources and cost saving measures into a partnership by using private and. public funds in order to reduce the cost of housing. of Community-based organizations to optimize the role of Community-based Organizat~ons in the Pro~uctiom of affordable housing. 4. TO promote innovative financing techni~ues designed to the special needs of Eligible Persons or Eligible Sponsors~ encourage developers to construct lev-cost housing; and encourage innovative design of Eligible Housing that provides cost esv~ngs. B. The purpose of the Ordinance is to accomplish the intent by implementing an affordable housing program which will be monitored by the Collier County Affordable Housing Director and the Local Housing Advisory Committee. The pUrl0OSe of the Local Housing Assistance'Program is to b~tter meet the objectives and' policies of the Housing Elemen~ of the Collier County =rowth Management Plan by increasing housing opportunities for Persons Who Nave Special Needs and for Very Low-income Persons, Low-income Persons and Moderate-income Persons while providing fo= the protection of natural resources, and planning for community development and economic growth. SECTION II. T~tle and This Ordinance shall be known and cited as the "Collier County Housing In~tiatives Partnership (S~IP) Program-. SECTION III. Definitions As used in this Ordinance, the terms: A. Ad4usted For Family Sf~9 . means adjusted in a manner which r~sults in an incbme eligibility level that is lower for households having fe~er than four p~ople, or higher for households having mcr8 than four pa0ple, than the base income eligibility 4.* Subsection (Q) baler, based upon a fornula e~tabliehed b7 the united States Department of Housing and Urban Development. B. Ad4usted dross Income - means wagee~ income from assets, regular cash or non-cash contributions, and an~ other resources and benefits de2ernlned 2o be income b~ the United States Department of Housing and Urban Development, Adjusted For $ize~ minus the deductions under Section SI of tho ~n~arnal Re~enue Cods o£ L986~ as amended. C. ~ - neans that monthl~ rents or monthly softgage pa~enta ~nclud~ng ~axes and ~nnurance do no~ exceed pe~cen~a~e o~ ~hl ned~an adjusted ~oss annua~ tncone ~o~ households ~allf~lng und~ ~e de~nl~ons o~ Ve~ D. ~ - hearts a loan, ~an2 oF s~s~dF ~unded ~hoLl~ par~laI~ b~ tho ~cal Housing E. ~o~uni~v-based Oroaniza~ion - scans a non-p~o~ organization ~a~ has among its pu~oses ~ho provision a~fordabla housing to Ps.sons ~o Hay8 Spec/a~ Heeds o~ V~ ~-~ncone Ps.sons; ~-~nc~o Parsona~ o~ Hodera2e-~ncono ~n a desolated area, vh~ na~ include a n~o~pa~, a coun2~, or no~e ~an one ~unic~pal~2~ or coun~, and ~rough a n~n~n~ of one-~d representation on organ~za~on;s govern~n~ board and o~e~sa~ accountab~l~ housing program beneficiaries an~ ~es~den2s of ~he a~e3. A co~un~2~ housing develop~ organization pursuan~ ~o 24 C~; P~ 9R.2 and ~ co~un~ co.oral,on created pursuan~ to ~ap2er 290, Florida S~a2u~es, are examples cE Co~un~t~-based F. El[~ibl~Hov2in~ - ~ean8 ~n~ ~en~ and personal proper2~ located ~th[n the Coun2~ ~h~ch ~s designed and [n2ended E0r p~mar~ p~rpose off prov[d[n~ dece~, safe and san~2a~ un~ts that are designed to meat ~he standards of Chapter Florida Statutes, for homo ow~ership o= rental fo= Eligible ~ar~ons as designs=ed by each county o= eligible mu~cipality i?F participating in the Local Housing Assistance Program. O. EliGible Per,on -'means one er more natural persons or a fnmlIy determined by the County to be Persons Who Have Special Housing Needs, or Very Low-income Persons, Low-income Persons or Moderate-income Persons according to tho Adjusted Gross Income o£ the resident as Adjusted For Pamlly S~ze. for-profit or not-for-profit entity that applies for eft Award under the Local Housing Aesis~anoe Program fo= the purpose of providing Eligible Housing for Eligible Persons. I. ~rant .- means a distribution of a portion of a Local Housing Dlstr~bution to an Eligible Sponsor or Eligible Person to provide assistance under the Local Housing Assistance Program. · . ~ous~n= Xssistance P~a~ - means a concise description o£ the Local Housing Assistance Program adopted by this Ordinance w~th an e~p~anation o£ the way An which 'the program meets the requirements of this Ordinance and Sections 420.907 through 420.9079, Florida Statutes. K. '-'Loan -- means · pledge of Local Housing D~str~but~on moneys to an Eligible Sponsor or Eligible Po=son to part,ally finance the acquis~tton, ~onstruct~on or rehabl~tation of Eligible Housing. L. Loon! Hous~= Distributio9 _ means th~ proceeds o£ the ta~es collected under Chapter 201, Florida Statutes, deposited into the local Government Trust Fund and d~stributed to countie~ and el£gible municipa~ities Pamt~ol~ating in the State Housing In~tiat~ves Partnership Progra~ pursuant ~o Section 4=0.9073, Florida Statutes. M. Low-income Persom - means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that does not exceed eighty (80%) percent of the median annual Adjusted Gross Income for households w~thtn the State or 80% of the ~edian Adjusted ~ross Income for households within the Metropolitan Statistical Area o=, if not within a Metropolitan Statistical Area, within the County, whichev~r amount is greater. With respect to rental units, the may not exceed eighty (80%) percent of the State's median income Adjusted For Family Size. WhiLe-occupying the rental unl~, a income person's annual income may increase to an amount not to exceed one hundred and forty ~140%} percent of eighty C80%) percent of the State's median income Adjusted For Family Size. N. ~~[~0 Stet~tica! Area - means, as defined by the U.S. Census, one o= more entire counties economically end integrated tha~ have a large population center which meets tho following criteria: {1)'one central city with 50,000 inhabitants prov~ded~ (a) that the city's population taken together with that of contiguous places totals at least 5~,000~ ~nhab~tants and constitutes, for genera~ economic and social purposes, a single com~unity, and {b) the county or count£ea in which these places are located have et least 75,000 inhabitants. o. Hoderate-~nco~e Person - means one or more natural persons or & family, not incl~ding students, that has s total annual adjusted gross household income that is lees then one hundred and twenty (120%) psroe~t o£ the median annual Adjusted -. Gross Income for households within the State or one hundred and twenty C120%) percent of the med~a~ annual Adjusted Gross Income for households within the ~etropolitan SCatieticalAre& or, if not within the Metropolitan Statist~oal Ares, within the county~ whichever ~s greater. With respect to rental un,ts, the moderate-i~come person's annual income at the tire of occupancy =ay not exceed one hundred and twenty (120~) percent of the State's median income Adjusted For Family Size. Wh~le occupying the rental unit, a moderate-~ncome person's annual Adjusted Gross Income may increase to an amount nec to exceed one hundred and forty (140%) percent of one hundred and twenty {120%). percent of the State's median income Adjusted For Family Size. p. ~ersons ~ho ~ave Special N~ds - mea~s indiv~duals who have incomes not excesdfng those of Boderate-income Persons and, because of particular social, economic or health-related circumstances, may have greater difficulty acquiring 17F maintaining Af£ordabls housing. example, encountered resistance to their residing tn particular co~unitiea, and =ay have suffered increased housing costs lnstttutional~zationo Such persons may Include, but not be mental ~llneeses or chemical dependency; persons w~th acquired l~mune deficiency sTndro~a (AIDS)-and human l~maunodafic~anc~ virus fha) d~saase~ ~na~a7 or abandoned ~ou2h~ publ~o assistance r~c~p~ents~ m~an~ and seasonal fa~orkars~ refugees and emtrants~ ~e elderly$ a~d d~sabled adul~. ~. Very ~-~come Pe~so~ - mea~s one o= more nat~al persons or a family, ~ot -~nclud~ng s~udents, ~a~ has a total a~ual adjusted ~oss hous~old ~ncome ~a~ does not exceed f~fty {50%) percent of ~e med~a~ annual Adjusted ~ross Income for annual AdJus=ed Gross Income for households w~tn ~ He~opol~tan Statistical ~ea or, ~ no~ vixen a Metropolitan Statistical ~ea, w~h~n ~e County, wh~chivBr ~s ~later. W~ respect ~o rental ~ts, ~e ve~ ~-~ncome Person's annua~ ~ncoma at the t~me of ~t~al occupancy may ~oC exceed f~fty ~50%) percent of ~e State's median ~come Adjusted For Family S~ze. ~le oc~py~ng the rental U~t, a Ve~ ~w-~ncome ~erson,s a~ual ~ncome may increase to a~ amount not to exceed one h~n~ed a~d forty (~40%) ~er~ent of f~fty '(50%) percent of the State's median i~come Adjusted For Family S~ze. SE~ION ~. _~eatton of tbs Local Hou~nq Ass~s~anc~ ~st ~n~ A. ~e ~cal Housing Assistance ~st ~nd ~s hereby created and established. B. All moneys received from the State ~ursuant to the State Housing In~tiaC~ve Part~ership [SHIP] Pro,ram and any othe= funds =scarred or budgeted to provide funding for t~e ~cal ~ous~ng A=~istance Program shall be deposited ~nto the ~cal Housing Assistance Tru~C ~nd. Administrat~on of the ~cal Housing A~sistance T~st ~nd shall comply Vith Rule 91-37.008, Florida Administrative Code. Such persons may have, fo= ~mplementa~ion of ~he :LO~l Housing ~se~s~ance ~rogram shall no~ bm made from the Local ~ouslng Assistance ?rust Fund. D. Amounto on deposit in t~aLocal Houslnq Assistance Trust Fund shall be invested according to Collier Count7 investment policies and procedures. Ail investment earnings shell be retained in the Local Rousing Assistance T~ust Fund and used for the purposes ~hereof. county, solely for use pursuant to the Local Housing Assistance p~ogram. AIl Local Housing Assistance Program income, including investment ea~ninqs, shell be retained In the Local Housing F. The County agrees ~lat the Local Housing T~Uet Fund shall be separatal~ stated as a special revenue fund in ~he count~ audited financial statements. Copies of such audited financial s~etsm!nts shall 1~ £o~arded to ~ht Florida Housing Finance Agancya~ soon as much statements are .S~CTX0~ V. Local ~ousin~ Par~nershi~ A. The LOcaX Housing Par~nerahip is hereb~ crea~ed and established. B. The Local Housing Partnership'shall inolude, bu~ is not limited to, the CountM, community-based Organizations, for-profit housin~ developers, lending institutions, providers professional services relating ~o Affordable housing, and service organizations working on behalf of Persons Who Have Special ~aeds. ¢. Tho Local Housing Partnership shall assist in the implementation of the Local Housing Assistance Program in accordance with this Ordinance, Sections 420.907 through 420.9079, Florida Statutes~ and Chapter 9X-37, Florida Administrative Code. SECTION VI. Eetablishmen~ of the Local ~ousin~ Assistance A. The Local Housing Assistance Program is hereby created an~ established. 87 -7- B. The contents of the Local Housing Assistance Program include= (1] this Ordinanc~ entitled "the Collie= County Housing Initiatives Partnership (SHIP] Program#; (2} the Housing Assistance Plan; ¢3) Csrtificatioms; and (4} Appendices. Items One through Four of this SubsectiOn B, copies of wh£ch are annexed to this Ordinance, are adopted by reference and made a part of this Ordinance. C, The Local Housing Assistance Program aha11 use One Hundred (100) percent o~ the funds held An true= as follows= 1. The funds may be used to provide the local matching funds in order to obtain federal housing grants for federal program~. 2. The funds may be used to provide for the following ' capacity bt~ilding strategies for community-based organization. a. Operating and administrative expenses. b. Training for real estate development. c. Training for construction project management. 3. The funds may be Used to ~mplemant the following locally-designed strategies= (a) ~urchase assistances ownership opportu~ittes ~ay be crea~ed £o= Eligible Persons through mortgage reductions, and/or low or no loans for dow~ payments and/or closing costs. (b) Acquisition/rehabilitation; Very Low-income Persons and Low-income Persons may be awarded funds to acquire existing housing units for renovation. (c] Impact fee assistance; Eligible Parsons nay be awarded funds for the payment of waivers or deferrals of impact fees for Eligible Housing for Very Low-income Parsons and Low-income Persons. (d) Land A~quisition; the County may through purchase or donation acquits land J-TF II Dm 17F of a specifio pro~ect for the express purpose of pr~v~ding Eligible Hous~ng at a future (1) the County may provide locally-designed strategies that create or preserve A£fordabls housing through the construction or repair of homes for Very ~ow-~ncoms Persons and Low-~ncome Pereonso (2} The County may seek local developers and contractors and other organizations willing to construct Affordable housing which offer such ~ncent~ves as ~e Coun~ adopts ~n ~s ~caL Housing Incentives' Plan, ~ese incentives may ~nclude, but a=~ no~ limited ~o, assistance ~n cons~o~ion o~ ~e ~nfras~cture for eligible naigh~rhoods, ~mpac~ cred~s or pa~ent~ and/or ~e purchase of ~e land by ~e county upon wh~ const~ct~on will occur. (f) ~e cost oE a~n~ster~ng hh~s ~cal Housing Assistance ~o~a~ shall not exceed f~ve of ~e State Housing Initiatives Partnership [SHIP] Pro.am funding, ~aranteed from the State of Florida, unless such costs are ~ncreased to a maximum o~ ten (10t) by County ,Resolution pursuant to Section 420.9075 Florida Statutes and any amundments thereto. The County shall coordinate [t~ efforts with Institutions as follows:, 1. The County shall work with ba~s and savings institutions to meet their obligations under co.unity Reinvestment Ack [C~] to aff[~at~vely address ~e credit needs of the entire co.unity. 060,, .89 17F In meet!n~ their ob!igat~on, banks and savings institutions shall be encouraged to engage ~n activities Chat include, but not ara limited to the following~ Increase efforts to make loans for home mortgages and home improvements in conjunction with government insured lending programs such as FHA and VA; make loans vith high loan to value ratios when financing to Community-based Organizat~ons; and provide a secondary market for Community-based Organization development loans. 2. The County shall seek landing institutions to work with Eligible Persons or Eligible SponSors ~n providing low-cos= loans, interest point buy-4ow]l programs and other cost-saving mechanisms ~n o~sr to facilitate home ownership for Very'Low-income Persons and Low-tncome Persons and Persons Who Nave Special ~ous~ng Needs. The County shall provide incentives for the preservation and production of Affordable housing for ~ligible Persons including, bu~' not limited to, the donation of land or availability of low-cost land or land-lea~e arrangements, assistance In t~s constructio~ of infrastructure, availability of ~mpact fee credits or deferrals and/or security deposit credits or payments. The Local ~ousing Assistance Program shall ~nclude all other lawful .objectives not previously listed if saia objectives have been adopted into the ~ousing Assistance Plan in tho manner provided by statute. In implementing its ~oustng Assistance Plan, the County shall: 1. At least thirty (30) days pr/or to the beginning of any application period, advertise the availability' of the Local Housing Assistance Program in. newspapers o£ general c£rculatton and periodicals serving e2h~lc and diverse neighborhoods. 2. The County shall, in its Housing Assistance Plan, adopt a maximum Awards schedule or syste~ of Awards that comply with the £ollowing criteria: (a) A~ leant sixty-five (65%) percent of all'the funds made available In the County shell be reserved for home ownership for Eligible Persons. (b) At least seventy-£iva (75%) percent of the tots1 funds shall assist with construction, rehabilitation or emergency repair of Affordable housing. (c) The sales pr&ce of new or existing ELigible Housing shall no~ exceed ninety (90%) percent o£ the median area purchase price In the area where the Eligible Housing is located as established by the United · states' Department of Treasury in accordance vith Section 3(b)2 of the United States Housing Act of 1937. (d) All housing, constructed, rehabilitated or otherwise assisted with the funds provided from the Housing Assistance Plan must be occupied by VsryLow-incoma Persons, Low-income Persons and Noderata-incoma Persons. At least thirty (30%) percent must be occupied by Very Low-income ~rsons; and at least an additional thirty (30%) percent by Low-income Persona. (e) Loans shall be pro~ided ~or periods not exceeding thirty (30) years, except for deferred project loans or loans that extend beyond thirty (30) years which continue to serve Eligible Persons. (f) Eligible rental housing constructed, rehabilitated or otherwise assisted from the Local Housing Assistance Program is reserved for Eligible Persons for fifteen (15) years or the tarsi of assistance, whichever is longer. Eligible Sponsors who offer 91 17F rental housing fo= sale before fifteen (15)' years from the date of issuance of the certificate of occupancy or that have unsatisfied mortgages funded under this program must give a first right of refusal to eligible Hot-for-profit organizations for purchase at the current market .value for continued occupancy by eligible recipients. (g) Eligible owner-occupied housing constr~oted, rehabilitated or other/lee assisted from proceeds provided from -the Local Housing Assistance Program shall bm subject to the recapturm provision o£ the m~rtgage revenue ~ond program contained ~n 143(a) of the Internal Revenue Coda of 198~o (h) The total amount of monthly mortgage pe~msnts the amount of monthly rent charged by ~hs Sponsor or hie designee must be made Affordable° {£) The cost per unit and the maximum cost per un~ for Eligible Housing bens£1t~ng from Awards made pursuant to this Local Housing Assistance Program will be established by County resolutions (J} A qualif~cat~on system for applicat~ona for Awards will be established through the Housing P~an. The staff or entity that has authority for this Local Housing Assistance Program shall annually monitor and determine eligibility and the amount of the subsidy pursuant to the provisions of this Ordinance and Stats and Federal law. The County, the Local Housing Partnership, and all Eligible Sponsors shell not discriminate on the provision of Affordable housing to Very Low-income Persons, Low-income Persons or ~oderate-lncome Persons o~ the basis of race, creed, religio~, color~ a~a, se~, marital status, familial status, national origin, or handicap in the loan application process fo= Eligible Housing. 3, The County shall comply with all rules and regulations of the Florida H~using Finance Agency la connection with required reporting of compliance o£ its Housing Assistance Plan. 4. Prior to receiving an Award, all Eligible Sponsors or Eligible Parsons shall enter into an agreement with the County, agreeing to comply with the affordable housing criteria provided under sections 420.907 through 420.e079, Florida Statutes~ and this Ordinance. 'In the event of a transfer of ownership of prcpe~y to an Eligible Person or Eligible Sponsor pursuant to the Housing Assistance Plan, the County shall require a covenant in the deed or mortgage stating the grantee or the mortgagor agrees to comply with the te~me of the affordable housing c~terl& provided under aectl°ne 420.907 through 420,9079, Florida Stetutea, and this Ordinan~e~ which covenant will run with the land An the cass of a deed. Failure to comply with the covenant An the mortgage shall result in a default of the mortgage with all remedies and rights for enforcement o£ the agreement insuring to the benefit of the County. SECTION VII. Desionation of Resoonsibllitv For Implementation Off The Local Housin~ AssiStance Prooramo The Affordable HoUsing Director Is designated as the pers?n responsible for the development and implemenSation of the Housing Assistance Plan. Such person shall be responsible for coordinating with the Florida Housing Plnance Agency and facilitating the funding of the State Apartment Incentive Loans [SAIL] and setting up adve~tiaements and workshops to advise' potential home buyers of the existence and terms of the Housing Assistance Plan. Such person will work with the Local Housing Advisory Committee and other Affordable housing groups to monitor the success of the Housing Assistance Plan and provide advice and sugge~tions as to methods for improving the effectiveness of the Housing Assistance Plan from year to year. The total amount paid for administrative expenses in connection with ~he development and -13- 17F implementation of the Housing Assistants Plan, Including any costs of employee aalar£ee and benefits, shall not exceed five percent of the total SHIP funding amount in any given year, unless such costs and expenses are increased to a maximum of ten percent by County Resolution pursuant to Section 420.9075 ¢~), Florida Statutes and any amendments thereto. SECTION VI~I. Crsatiom off the ~ocal Housin~ Adv~sor~ Committee. A. There ia. hereby created the Local Housing Advisory' Committee (tho NCommittee,), whoso members shall be appointed by resolution of ~he Board of County Commissioners with recommendations from ~ho ~aplos City Council. B. The Committee ah~ll consist of nine members. Five members shall constitute a quonm. The Committee may not take formal actions unless a quo~Am is presort2 but may mee~ to hear presentations iff duly noticed. ~ho Committoo shall include following: One (X) citizen who is actively engaged in the residential homo building industry~ 2. One (1) citizen who is actively ongagod in ~hs banking om mortgage banking industry~ 3. One (X) citizen who ia a representative of those areas of labor engaged in home building; 4. One (1) citizen who is dseigna~ed aa an advocate for Low-income Persons~ ~ ~. cna (X) citizen who is a provider o£ Affordable housing~ '6. One (X) citizen who is a real estato Professional. C. Hombers shall serve for two-year ~orme and may bo re-appointed for subsequent te~ms. D. Meetings shall bs hold monthl7 £or tho first year o£ Committee's existsnco a~d quarterly, or moro frequs~tl~ as necessary thereafter. E. Tho Committee shall compl7 with ~hs Covernmen~ in the sunshino La~, ~he public records law and the special provisions re~ardim~ notice o~ ~ocal Housin~ ~ncentivo Plan consldera~ions -14- 17F found in Section 420.9076~ FLorida Statutes. Hlnutes o£ the meeting rill be kept by the Collier County Affordable Housing Director and shall be submitted to the Board o£ County commissioners and'Naples City Coun~llo F. The Conmittee shall annually elect a Chairman, V~ca-Chairman and such other offices aa At deems necessary. The chairman la charged with the duty of conducting the meetings ~n a manner consistent vith law. ~ G. S~aff, administra~ve and facllLty support for the and City of Naples. The Committee shall have the following dut~es~ 1. The Committee shall review established policies and procedures, ordinances, land developmen~ rsgu~ations and the Housing Elemen= of the Growth. Hanagement Plan .. of the Board of County Commissioners and Comprehensive Plan o£ the C~ty of encourage or facilitate Af£ordable housing while appreciate in value. The recommendations may include the mod~fication' or repeal of ex~et~ng policies, procedures, ordinances, regula=lons or land provisions$ the creation of exceptio~s applicable to Affordable houskng~ or the adoption of new policies, procedures, regulations, ordinances or plan provisions. At a minimum, the committee shall make recommendations on affordable housing incentives in the following areas= (a) Affordable housing definition in the appointing resolution. {b) The expedited proc~ssing of permits for affordable housing projects. (c) The modification of ~mpact fee requirements, including reduction or waiver of fees and alta=native methods of fee pa~nt. Cd) ?he allowance o~ ~ncreasad dens~y levels. (e) ~a reservation o~ ~n~rastrvctura capeci~7 ~or housing o£ Very Lov-incc~s Parsons and ~ov-tncoma Persons. financing ~echaniem for housing o£ Ver~ ~ov-Ancoms Persons and Lo~-Ancoms Persons. (g) ~ reduc~fon o~ parking and setback ra~remen~s. (h) ~e allova~ca.of =aro-lot-l~ne confl~raC~onl. ~J) ~a ea~ablis~en~ of a process b local gova~en~ conside~s beffo~a adoption, or land provisions ~a2 have impact on 2ha cos2 o~ housing. 2. Wl~in nine (9] ~on~s from the adoption Ordinance, ~a Co~ittea shall make ~eco~enda~lons hearing concerning the adoption o~ ~a ~cal Housing ~ncentiva Plan. ~o~ica of ~ ~ime, data and place of the public hearing of the adopt final affordable housing incentive pl~n reco~endations sh~ll ~ adve~tisad in a newspaper of general ci~lation in ~a Coun~ scheduled hearing. The notice of mae~ln~ must contain a short, concise su~a~ ~ha affordable housin~ incentive reco~enda~lons be considered by 2he Co~122ee. The notice shall also state 2he public place where m copM Co~ittee reco~enda~ions can ha obtained by interested persons. SE~IO~ IX. Local ~oust~ Ince~tive Within ninety [~0) days after th~ date of the receipt of the affordable housing incentive reco~andations from the the applicable public hearing, the Board of Count7 Commissioners shall adopt bM ordinance, thc Local Housing Xncantiv~ Plan. The Plan shall at a minimum consist of specl£1o inibiatives to encourage and faol~ltate Affordable housing, and a schedule for i~plemantation which includes (X} · schedule for impls~entation of expedited permit processing £or A£fordable housing projects and (R) a process for review'of local policies, ordinances, regulations and planned provisions that significantly impact the cost of housing. The Board of County Commissioners shall, upon adoption of the Local Housing Incentive Plan, send a copy of the Plan bo the Florida Housing. Finance Agancmf by cer~ified mall. SECT~O~ X. ~on~lia~ a~d Seve~abil~t~. Zn the evenb ~ls Ordinance conflicts wit'~ any o~er ordinance of Collier County, the more rostriotivs shall apply. Xf' an~ phrase or por~lon of ~hl~ Ordinance, or the particular application the~eof~ shall be held invalid or unconsbibubionel by any court, adminAs~a~lvs agency.or other body ~lth approp~iebe ~urisdiction, the remaining section, subsection, eenbencee, clauses, or phrases and thel~ applicables shall not be affected This Ordinance shall become formal adoption. PASSED AND DULY ADOPTED by the Board o£"County Comm~ssioners of Collier County, Florida this /~ day of ~~ '?V'. :. '-:. .~ 'f? .... 8~e..C~_. :, CLERK COLL,:ER · ~ TO'.¥ORH AND LEGAL SUFFICI~CY -17- and th~ applicable publlo hearing, the Board of County Co~m~sslone~s shal~ ado~ by ordinance, ~ha Local Housin~ Zncantiva Plan. The Plan shall at a minimum consist of specific initiatives to encourage and facilitate Affordable housing, and a schedule for implementation which includes (1) a schedule for implementation of expedited permit processing for Affordable housing projects and (2) a process for review of local policies, ordinances, regu~ations and planned provisions that significantly impact the coat of housing. The Board of County Commissioners aha11, 'upon adoption of the Loc~l Housing Incentive Plan, send a copy of the Plan to the Florida Housing Finance Agency by SECTION X. Conflict and Seve~abil~tyt ' In the event th~s Ordinance conflicts with any other ordinance of Collier County, ~hs more restr~ctive shall apply. If "any phrase or portion of this Ordinance, or the particular application thereof, shall be held ~nvalid or unconstitut~cnsl by any court, adminietrat~ve agency or other body with appropriate Jurisd~ction, the rema~ning section, subsection, sentences, clauses, or phrases and their application aha11 not be affected ~hereby. This Ordinance shall become effective thirty (30) days after formal adoption. 1993 f?~:*.:: PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this /_~ day of ~,~,..~ , / , BOARD OF COUNTY CO~MISSIONERS DWIGHT.: CLERK COLLIER COUNTY, FLORIDA BY: · SAUNDERS, CHAIRMAN A~'~'R'OVED AS TO FORM AND LEGAL SUFFICIENC~ HEIDI F. ~AS~TON~ -- ASSISTANT COUNTY ATTORNEY -17- and ock~wlea'gemen_t.~f that 17F lectLon Z State Hauling ZnItAatLyee Partnership · Housing AleIatanoe'Plan ColXIer Count! FAecal Year 1~2-t$ co~nty to Increase the supply of sffordible housing La Collier County. Thle Plan meats tho previa/one of Chapter 91-37 of Florid& AdmLnLetratLve Code, State Housing ZnLtl&tives [SHaPe Progctm. Thio Plan LB limited to the CLt¥ of #spies and Coil/er County. The City o£ Nap%es and Co%%Le~ County hive efltacod £flto au %n~er%ocaL A992 and ond~ng on June 30, Z99S. %mpXomonta~Lon Th~o plmn La.dew,Stied ~o ~fl~=amwa ~ho IvaLlibLlA~y o~ If~ordmblo housing by u~LZLzLng virago l~rl~Lll. Very 1~ and lB %mp~=~ Fee ReZLe~ - Renal% Hove/ns 2A H~e~fl.~ nehabLll~a~Lon'afld ~.rgen~y RopmLF 2B nofl~nl RehabLXX~t~Lon mild Imergon~y RwpnLr 3. O~ Pi~on~ AmmLm~ance with RohabLlXte~o~ mnd ~ergency 4. AoeLe~ance ~o C~unL~Oaeed s. F~eral or 8~a~e Hatch ~or Housing prey/aLert of ~he Hot, gAge Revenue Bond Progcmcon~ln~ ~n Budget funds, which L. Ln conformance w~h Oho ~ee governing ~he Pr~ram. -1- 17F.= all X.lJo~lt~on $254F395 $3%0~792 $340~856 CkmetrlOtLon/Rah&b. S190,79& $233,0~4 S25S,627 Total ~ZP ~flda al~ for 7St ~c~ for conl~c~on/rihab. 651 ~r~ ~or H~ ~mrsh~p ~ 92/93 allocation for H~ ~.rsh~p $254;395 $ 25,439 (lOt) $129,470 $ S8,598 $ 35,888 0 $ S,O00 $254,395 $223,9SS $165,357 -2- $ 25,439 20,439 30,000 25,439 B) Ronda% Var). L~-%nc~o SO Lov-Lnc~a.~ 0 ASSXHT. TO COHN. BASZD OROAHXZATXO~S U'n%t:m u~ndt~od 'for Very ~Ln~m '~rmofls 30~ ~rlO~mo -3- Sta££ ~mlm=Xem ~OS.lwlng Need. ~udy · o~&l I~XP hfldl I1l~d for 7St ~lred f~r c0nit~ction/reha~. 65~ ~e~Ared fo= h~ ~ermhXp 93/94 ml~ocm~Xon ~o= h~mrmhLp -4- $330,792 $ 31,079 (203) ?SRO00 25,000 $ 33f229 $ 10,000 S $ 3%f079 S 3%,079 $223,094 $269,713 $202,015 214,713 .W sxzt, m~z~s ASSZS'~D ~ t3/t& A) O~nornhLp Ver,/Lo~.tnccme 3 X& O 0 Vox'7, Lou-Lncomo 4 Low-Xnc~o 8 Itrnto~ ~ 4 ASSXST. TO COHO4. BASED 0ROAHXZATXONS ~X On$~e m&nd&~ed ~o~ VmF~Lo~-Lnco~o j;~=none 30~ ~93/94 ~lflc~e unXtl als/skid 2Or** -S- ~=%a1 AudX~ ~m=-BuXZdf= TochnLcmL To~sX ~Xn~ut=a~Xvo ~aX ~HXP ~n allMd for' conn~c~Xon/~mh~ 94/95 mllo~a~Xofl for H~o ~erohLp $340,8S6 $ 34,08S (lOt) $ ~0,000 79,82X 10,000 $100,0~0 2S,000 30,000 $340~056 15,72S 10,000 S,SO0 34,085 $ 34,08S $255,~27 $22%,543 $241,77% A) ovnm~mh%p very B) Ron~aX VIFF B) Rofl~aXe I~:~?A~I:Z~ZASSXST. W/REHAB. 36 0 3 $ 15 6 TOTAL Un£~n aosLe~ed 1~ 94/9S -?- 17F CLty /mgao~ ~mes EOF a~ZoFd&blm housing davelopmeflC, whtch meet the ~%t¥'e Affordable ~wLflg =mveZo~ant mtand&~d.. or de£errmle £o= ~ne~me-q~alifyLng householdm or pro~ee~s. In .Co111e= County and the~ mu.~ deel~=e ~hl d~XxLng unX~ ~o their h~ikead.- ::'T ' ~nits to be Assf. s~:adl : 92-93 $129~470 93-94 $ ?S,OOO 94-9S $ 61~950 92-93 22 93-94 13 94-9S 10 ~.: Z~cone Group to bo ASl~ltidt · ::'-' . 2~' 93-94 .Fei .bl~ef FmC4 w~th SHIP ~11arns $6,000 de~ndLng u~n Sba location ~Lthln the CountT. State ~ndated ~x%~ pr/cm %or mn~ un/~ ~mmLmtmd w~11 bm~ 17 VEL'7 Lo~-Ancome S Low-income 10 Ve=k Lcrd--inCOme 3 Lo~'-Ancomo 7 Va~'Lob'-lflcome 3 Lov-tnco~no $95,400 $55,000 -8- 17F ~" ~mawA~Aont~n~ ~e~aX ~Jlo~l whe~e ~he temantl mie~ the An~e ,:~').' 'llt~X&ehed An a~l ~l~e~ Coun~ ~pac~ Zee o=dLnincel. ,. .... ~ g2-g3 $SB~SgB % ~ 93-94 ~lO~OOO ~ 94-95 l~r 92-93 SO .,.~. ~ 9~-~4 a · .]..' ~,~ ~4-95 8 O=o,~m /~o ~.l~mLmt~dm . &mo~t.' of 'sll2P dollsrt ]~r uLtt $S,000 -9- 17F and Bmmz~eno], BepaA~ P~O~am B ~h~~on and ~gmn~ repmL~ ~rog~ w&ll ~ devolved u~L~Z~ng o~m~Lo~ o~ ~lun~merm mad /kLll~ labor. The rmhabXXXt~on ~n~ ~m~ pr~r~ wtXX tm~g.~ Vo~ ~ an~ L~&nc~e ~l w~l~ be ~roy~ded to co==mc~ ~ou/~n9 Codl v~o~Lonm or dm~e~md hndl for h~irl v~ll bi ava~l~ll in'thru rom of pa~fl~ loin a~ 0~ ~fl~eze/~ vL~B tmpa~en~ u~ mile of ~o~rc~ o~ 30 F~ 92-93 $35,889 1~93-94 79,723 FY 94-95 79,821 92-93 93-94 7 Vmz~L~Lnc~ 36 VeL'yLmd.-lncc~o O Y~ncomo 0 T..c~nco~ $7,SO0 17F .. ~sor~ont A ron~a~ reh~L~on and ~=gen~ ropaL= p~=~ wL~ be d~X~ ~d ~X~flted ducXflg tho X993~g4 f~g=aL ~en=. O~ho~ funding rloc~da F~x ~unde ~LIX bo available ~o pro~ ~mrn ~o correc~ code ~flda wLl~ ~ avat~lo An tho fo~ o~ ~flLz~ loans ~or up · vLth an annual Lnteroo~ ra~o o~ (S~). Penalty ~ero wL~ be red,red p~vLdo '~ ~ollace ($2.00J o~ pr&vats funds ~or eve~ O~e Dollar CSl.O0) of SHiP funds. ~d~o~o ~e~ ren~ tbeLr salts to Vo~ ~ and ~&nc~ ~cnono ~or tho dura~Lon of tho loan or h oub~ec~ ~o =opa~n~ a~ aarko~ ~ 93-94 S30~000 ~ 94-9S SlO,O00 '~usi'aJe~unt of snzP dollars I]60- :109 g2-~3 0 93-94 9 94-95 3 ,rz 92-93 /Y 93-94 /Y 9409S 0 VeFy ~Lnc~ 0 ~-~n¢~ 9 vat7 Lov-lnc~ 0 Low-:Lncomo $ 3;300 $ 5,000 17F with RehabXlltation and/or Xmergsnc~ RopaLca. ~o ~ ~n~unc~lon wAth reh~LlAtm~Lon or ~gmn~ mepaLrm to an~ ~Lm~ng~llLng unit. ThLo i~rl~l~ ~1 avaLlable ~o~ eLngle.~Lly h~ee, duFlmxeo ~d cond~&nl~uflLta. 'da~e~ ~flt loan o~ S2,500 w~th 0t 'Xfltorem~ wLll be ~covtd~ ~o~ ~l c~Xnld dl~or~md loans o~. $S,000 wLlL bo mocur~ by ~id Xn full to the Af~o=d~le HoueXhg T~o~ ~nd when tho dwellXng ~t of ~P Amg~smco Avall~let ~ ~2-~3 S 0 ~ 93-94 ~ 94-99 $100,000 FY 92-93 0 FY 93-94 FY 94-95 20 FY 92-93 1~ 93-94 FY 94-95 and ~aer~oncF Xepelra VeL~ Vary Low-Ancc.~ Very Low-Ancon~ Lc~-Ancc~s 2,500 2,500 $83,160 $60,000 -12- -13- ho~JmLng assistance akLllm. Theme a~unL~y-baaod orgsnitatLone mly =eceLvo FY 92-93 S S~000 ~ 93-94 $ S~O00 ~ 94-9S S~S,00O ~,~. ~to ~o bm XmmLstedt · IMserXl~J~ut Hany ~adsral and state h~mLng pr~r~s ra~Lrs or La-kind eagLet&nco. B~./~Lng Xn fLoraL ~oar 1993-94, ~he houaXng annXn~inco plan 15,000 ~ ~ocll utah fo~ fKo=ll o'r i~l~o h~oLng pr~r~a. 92-93 $ 0 g3-94 $ S,OO0 g4-9S $30;000 TZ 92-93 0 I~Z 93-94 3 ~Z 94-95 18 T~ 92-93 0 Vs:y Lc~t-Lnc~ O L~r-Xnc~ TX 93'94 2 Vec~ Lm~-Lnc~ F~ g4-9S 12 Ve~ X,ow~Lncc~no 6 Low-tacoma S S;O00 $ 6,000 u 17F ~l~n~ a Xand acc%set&on Proart. The 92-93 $0 93-94 $o 94-95 $0 ..[.-._ %nM O=ou~ 6.o be Ass.titlds ~ ~f ... ~ ~ut of IBXP ~11are Per Parcel .. ?: ~ 92-93 0 I~ 93-94 O F~ 94-95 0 92-93 93-94 1~94-95 0 Vm=~. 0 Low.-Lncome 0 VoL'TLow-tncome O r, o~d-tnco~M 0 Very 0 Low-tncome $ 4,000 $10,000 -14- 17F origin Ln the Ule o~ lflJP lousing ~l'rknorahIp Collier county hie always had a local housing ~t~fle~shIp ~blto Hoeings concerning tho davolopn~ o~ tho AswLwtan~o P%an. TheLr Ln~t v%11 con~Lflue to bo .~gh~ on tho ~pl~flta~Lon and a~inLe~rn~Xon o~ ~ho Ho, slag Assistance Plan. A f~ of tho exacting groups who have hen 2. Banking Partnership of CoIZ&o~ Couflty~ 4. COl%~er~un~F %xtens%ofl Se~Lco o~ ~he University O. AZliance for the Men,ally Xll~ 9. . ~llie~.Ofl~c~ for RLghtm and Coll~or county HousLnq Authority, othe~ non-profL~ o~giflLza~oflB Arid LfldLvLdualo Involved afford~lo housing have prov~d~ ~helr advice and ~eo~Aofla. ~XAa Xn~ and Dissension of Xnro~Aoa ~erl ~o sofl~ ~o VariOUS flOfl~O~ oFganLz~Lonf =~a=dlng ~blLo Ln~ Lfl the devotement o~ ~he 8HIP &~ord~lo H~e~flg C~ee~ofl eolLcL~ed ~bXto Ln~ on the SHIP P~rm i~ ~he$r Feb~l~ ~B~ ~993 mee~Lng. Tho Boa~d o~ County C~Llslonere and ~aplee CL~y Council have 1992, January 1993 and Hatch, 1993. adve~Le~n~ ~c~ announcing ~und avaLlibLl~ and -1S- 17F · IL1'[ ltL"&t:egJ, ll O~ the Housing )Lan/Stance Plan are avalZab%e to Individuals v£~:h specie% housLng needs may partloipate In the bar. o= other ne~eena~ =opm~=8 o= ~hangee. O~he= Individuals with f~ala~ h~mLng needs may Pa~&cLpmte %~ 10 an~L~Lpm~ ~hm~ ~efl ilO) units etch year v~11 bo Pa~%clpin~m Ln the ~ca% Housing thr~gh ~he ColZler ~unty Coo~ra~Lvo Extension A b~Lm~ ltm~ of e~e wu~ so.lees recLpLen~l - includes 1. ~ob ~atnLng ~a~nermh~p ~c~ 2. Hasle on Nheelll S. Collier County DLvAeAon og So. LaX SmrvAceel Be~er LtvAn9 %o~ gmnAorll ?. CoXlAer County ~noLX on TFL-Co. NutrL~ionaX Progrm~ 9. TrL-Co. Baffler 10. Oemlor Friendship Cen~er-aeaZth 8e~Acos/ and SenAor C~nA~ So.Ace ~pl~ofl~ ~t~ach and X~lAaa~lonm ~or SXZP Ib~Lcim ~111 be rmeeLv~ on am ongoLflg hasle slx wek. A~IF i 30-day advertising ~rA~ and ~b%le awareness c~paXgn %fl~lud~ng letters to noc~aX le~lce agmncAm., publio smrvAce aflnounce~ntw, n~npa~r mdvm=~Le~en~m and Salec~Lom wLll be made ~ng ~a%Afied applAcanCe om a fA~e~-c~, f~=s~-em~e basis. -iS- 17F ~ ;'., · . ~',"f~m ~X ~me ~mb%m fo~ Zxpe~Lture of I~mdm 92/93 x .X X X X "~t~.~ ef Ffjeat THe x X % % x 17F I ~ 3 & S & T The foilovl~l art Indlclt# the Iffof~lbll~ly 'fllures bi. ed m 307. of fnca~ If4l-. &1local/on o£ BHXP £undl. 17F ~ ~or%~fLcs~lon S. Remtp~en~e of funde wLll be re~red to cofl~ractuilly ~L~ to ~rm ~Ldel~nes. ~lY Lf Co11Lor C~n~y wall ~ un.lo ~o c~ply wL~h the p~ov~eLons o~ tho plifl. 7. ~ mnde~ ~lan MLIX ~ au~t~ed ~f SO~ of of ea~h fLl~l~ yeaF; mxcmp~ An 8~m~o ~ 3992093. O. ThO ?Xsn oonfo~s to ~ho HousX~g Sienna of the CoXZim~ ~uflty ~prehens~vo PXan. g. ~ho re~emon~a~Lone con~aln~ Xn tho Plan arm ~o and LdL.~ J'.*- Aah~on .... -19- I?F 0 .go 1.7F ,ct' ! n- o 17F 'I. 7F 17F Collier County Local Housing Assistance ?lan FY 200:2, 2003, and 2004 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government: Collier County (1) (2) (3) (4) (5) (6) (7) (8) (9) (lO) (11) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. A process for selection of recipients for funds has been developed. The eligible municipality or county has developed a qualification system for applications for awards. Recipients of funds will be required to contractually commit to program guidelines. The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. COLLIER COUNTY HOUSING AUTHORITY PHA PLAN ~7F ~i Consolidated Plan One:- Year Action Plan FY 2002-2003 Collier County, Florida 84 17F U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plans Annual Plan for Fiscal Year 2002 COLLIER COUNTY HOUSING AUTHORITY NOTE: THIS PHA PLANS TEMPLATE (HUD 50075) IS TO BE COMPLETED IN ACCORDANCE WITH INSTRUCTIONS LOCATED IN APPLICABLE Pill NOTICES PHA Plan Agency Identification PHA Name: Collier County Housing Authority PHANumber: FL 141 PHA Fiscal Year Beginning: Oct. 1, 2002 Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) [] Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 [--] PHA development management offices PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 Display Locations For PHA Plans and Supporting Documents The PHA Plans (including attachments) are available for public inspection at: (select all that apply) [] Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 · [--[ PHA development management offices [~ PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 [--] Main administrative office of the local government [Y~] Main administrative office of the County government [--] Main administrative office of the State government [---] Public library [--'] PHA website [--[ Other (list below) PHA Plan Supporting Documents are available for inspection at: (select all that apply) [~ Main business office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 [~ PHA development management offices [---[ Other (list below) Annual PI-LA Plan PHA Fiscal Year 2002 [24 CFR Part 903.7] i. Annual Plan Type: Select which type of Annual Plan the PHA will submit. [--1 Standard Plan Streamlined Plan: 1-'] High Performing PHA [--1 Small Agency (<250 Public Housing Units) 1~ Administering Section 8 Only [--] Troubled Agency Plan ii. Executive Summary of the Annual PHA Plan [24 CFR Part 903.7 9 (r)] The Collier County Housing Authority continues to administer the Department of Housing and Urban Development Section 8 Rental Assistance Program. The Housing Authority is now in the third year of the five-year plan. There are no substantial changes from last year's plan. iii. Annual Plan Table of Contents [24 CFR Part 903.7 9 (r)] Provide a table of contents for the Annual Plan, including attachments, and a list of supporting documents available for public inspection. Table of Contents Annual Plan i. Annual Plan Type ii. Executive Summary iii. Table of Contents 1. Housing Needs 2. Financial Resources 3. Policies on Eligibility, Selection and Admissions 4. Rent Determination Policies 5. Operations and Management Policies 6. Grievance Procedures 7. Capital Improvement Needs 8. Demolition and Disposition 9. Designation of Housing 10. Conversions of Public Housing 11. Homeownership 12. Community Service Programs 13. Crime and Safety 14. Pets (Inactive for January 1 PHAs) 15. Civil Rights Certifications (included with PHA Plan Certifications) 16. Audit 17. Asset Management 18. Other Information 19. Attachments Page # 2 2 3 6 12 13 22 26 29 29 31 32 33 34 36 39 41 41 42 42 43 1.7F Attachments Required Attachments: NONE [-'] Admissions Policy for Deconcentration ~-] FY 2000 Capital Fund Program Annual Statement [-'] Most recent board-approved operating budget (Required Attachment for PHAs that are troubled or at risk of being designated troubled ONLY) Optional Attachments: [-'] PHA Management Organizational Chart ['-] FY 2000 Capital Fund Program 5 Year Action Plan I--] Public Housing Drug Elimination Program (PHDEP) Plan [--] Comments of Resident Advisory Board or Boards (must be attached if not included in PHA Plan text) ['-I Other (List below, providing each attachment name) Supporting Documents Available for Review Indicate which documents are available for public review by placing a mark in the "Applicable & On Display" column in the appropriate rows. All listed documents must be on display if applicable to the program activities conducted by the PI-IA. List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display XX PHA Plan Certifications of Compliance with the PHA Plans 5 Year and Annual Plans and Related Regulations XX State/Local Government Certification of Consistency with 5 Year and Annual Plans the Consolidated Plan XX Fair Housing Documentation: 5 Year and Annual Plans Records reflecting that the PHA has examined its programs or proposed programs, identified any impediments to fair housing choice in those programs, addressed or is addressing those impediments in a reasonable fashion in view of the resources available, and worked or is working with local jurisdictions to implement any of the jurisdictions' initiatives to affirmatively further fair housing that require the PHA's involvement. XX Consolidated Plan for the jurisdiction/s in which the PHA is Annual Plan: located (which includes the Analysis of Impediments to Fair Housing Needs Housing Choice (AI))) and any additional backup data to support statement of housing needs in the jurisdiction NA Most recent board-approved operating budget for the public Annual Plan: housing program Financial Resources; NA Public Housing Admissions and (Continued) Occupancy Annual Plan: Eligibility, Policy (A&O), which includes the Tenant Selection and Selection, and Admissions Assignment Plan [TSAP] Policies XX Section 8 Administrative Plan Annual Plan: Eligibility, Selection, and Admissions List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display Policies NA Public Housing Deconcentration and Income Mixing Annual Plan: Eligibility, Documentation: Selection, and Admissions 1. PHA board certifications of compliance with Policies deconcentration requirements (section 16(a) of the US Housing Act of 1937, as implemented in the 2/18/99 Quality Housing and Work Responsibility Act Initial Guidance; Notice and any further HUD guidance) and 2. Documentation of the required deconcentration and income mixing analysis NA Public housing rent determination policies, including the Annual Plan: Rent methodology for setting public housing flat rents Determination [-"] check here if included in the public housing A & O Policy NA Schedule of flat rents offered at each public housing Annual Plan: Rent development Determination r--] check here if included in the public housing A & O Policy XX Section 8 rent determination (payment standard) policies Annual Plan: Rent [~ check here if included in Section 8 Determination Administrative Plan NA Public housing management and maintenance policy Annual Plan: Operations documents, including policies for the prevention or and Maintenance eradication of pest infestation (including cockroach infestation) NA Public housing grievance procedures Annual Plan: Grievance [--] check here if included in the public housing Procedures A & O Policy XX Section 8 informal review and hearing procedures Annual Plan: Grievance [~ check here if included in Section 8 Procedures Administrative Plan NA The HUD-approved Capital Fund/Comprehensive Grant Annual Plan: Capital Needs Program Annual Statement (HUD 52837) for the active grant year NA Most recent CIAP Budget/Progress Report (HUD 52825) for Annual Plan: Capital Needs any active CIAP grant NA Most recent, approved 5 Year Action Plan for the Capital Annual Plan: Capital Needs Fund/Comprehensive Grant Program, if not included as an attachment (provided at PI-IA option) NA Approved HOPE VI applications or, if more recent, Annual Plan: Capital Needs approved or submitted HOPE VI Revitalization Plans or any other approved proposal for development of public housing NA Approved or submitted applications for demolition and/or Annual Plan: Demolition disposition of public housing and Disposition NA Approved or submitted applications for designation of Annual Plan: Designation of public housing (Designated Housing Plans) Public Housing NA Approved or submitted assessments of reasonable Annual Plan: Conversion of List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display revitalization of public housing and approved or submitted Public Housing conversion plans prepared pursuant to section 202 of the 1996 HUD Appropriations Act NA Approved or submitted public housing homeownership Annual Plan: program~/plans Homeownership NA Policies governing any Section 8 Homeownership program Annual Plan: ~] check here ff included in the Section 8 Homeownership Administrative Plan NA Any cooperative agreement between the PHA and the TANF Annual Plan: Community agency Service & Self-Sufficiency XX FSS Action Plan/s for public housing and/or Section 8 Annual Plan: Community Service & Self-Sufficiency XX Most recent self-sufficiency (ED/SS, TOP or ROSS or other Annual Plan: Community resident services srant) grant program reports Service & Self-Sufficiency NA The most recent Public Housing Drug Elimination Program Annual Plan: Safety and (PHEDEP) semi-annual performance report for any open Crime Prevention grant and most recently submitted PHDEP application (PHDEP Plan) XX The most recent fiscal year audit of the PHA conducted Annual Plan: Annual Audit under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U. S.C. 1437c(h)), thc results of that audit and thc PHA's response to any findings NA Troubled PHAs: MOA/Recovery Plan Troubled PHAs NA Other supporting documents (optional) (specify as needed) (list individually; usc as many lines as necessary) 1. Statement of Housing Needs [24 CFR Part 903.7 9 (a)] A. Housing Needs of Families in the Jurisdiction/s Served by the PHA Based upon the information contained in the Consolidated Plarffs applicable to the jurisdiction, and/or other data available to thc PHA, provide a statement of the housing needs in the jurisdiction by completing the following table. In the "Overall" Needs column, provide the estimated number of renter families that have housing needs. For the remaining characteristics, rate the impact of that factor on the housing needs for each family type, from 1 to 5, with 1 being "no impact" and 5 being "severe impact." Use N/A to indicate that no information is available upon which the PHA can make this assessment. Housing Needs of Families in the Jurisdiction by Family Type Family Type Overall Afford- Supply Quality Accessi Size Location ability bility Income <= 30% 2,576 5 5 4 1 3 3 of AMI Housing Needs of Families in the Jurisdiction by Family Type Family Type O~ll Afford- Supply Quality Acc~ssi Size Location ability bility Income >30% but 2,353 5 5 4 1 4 2 <=50% of AMI Income >50% but 3,975 3 4 2 1 2 2 <80% of AMI Elderly 1,571 3 3 2 2 1 1 Families with Disabilities Race/Ethnicity 1,285 4 4 3 1 2 1 White-Non Hisp. Race/Ethnicity 68 4 4 3 1 3 2 Black-Non Hisp. Race/Ethnicity 212 5 5 4 1 5 2 Hispanic Race/Ethnicity What sources of information did the PHA use to conduct this analysis? (Check all that apply; all materials must be made available for public inspection.) Consolidated Plan of the Jurisdiction/s Indicate year: 1995 U.S. Census data: the Comprehensive Housing Affordability Strategy ("CHAS") dataset American Housing Survey data Indicate year: Other housing market study Indicate year: Other sources: (list and indicate year of information) B. Housing Needs of Families on the Public Housing and Section 8 Tenant- Based Assistance Waiting Lists State the housing needs of the families on the PHA's waiting list/s. Complete one table for each type of PHA-wide waiting list administered by the PHA. PHAs may provide separate tables for site- based or sub-jurisdictional public housing waiting lists at their option. Housing Needs of Families on the Waiting List 17F Housing Needs of Families on the Waiting List Waiting list type: (select one) [~ Section 8 tenant-based assistance n'-I Public Housing [-] Combined Section 8 and Public Housing F'-] Public Housing Site-Based or sub-jurisdictional waiting list (optional) If used, identify which development/subjurisdiction: # of families % of total families Annual Turnover Waitin8 list total 98 54 Extremely low income <=30% AMI Very low income 79 81% (>30% but <=50% A~n) Low income 47 19% (>50% but <80% Am) Families with 55 56% children Elderly families I Families with 30 31% Disabilities Race/ethnicity White 64 65% Race/ethnicity Black 34 35% Race/ethnicity 30 31% Hispanic Race/ethnicity 68 69% (Non Hispanic) Characteristics by Bedroom Size (Public Housing Oniy) 1BR 51 52% 2 BR 25 26% 3 BR 17 17% 4 BR 5 5% 5 BR 5+ BR Is the waiting list closed (select one)? I I No IX] Yes Applications are taken once per year during the month of December. Housing Needs of Families on the Waiting List If yes: How long has it been closed (# of months)? 12 months Does the PHA expect to reopen the list in the PHA Plan year? [--] No [~Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? [] No [-'1 Yes C. Strategy for Addressing Needs Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list IN THE UPCOMING YEAR, and the Agency's reasons for choosing this strategy. (1) Strategies Need: Shortage of affordable housing for all eligible populations Strategy 1. Maximize the number of affordable units available to the PHA within its current resources by: Select all that apply Employ effective maintenance and management policies to minimize the number of public housing units off-line Reduce turnover time for vacated public housing units Reduce time to renovate public housing units Seek replacement of public housing units lost to the inventory through mixed finance development Seek replacement of public housing units lost to the inventory through section 8 replacement housing resources Maintain or increase section 8 lease-up rates by establishing payment standards that will enable families to rent throughout the jurisdiction Undertake measures to ensure access to affordable housing among families assisted by the PHA, regardless of unit size required Maintain or increase section 8 lease-up rates by marketing the program to owners, particularly those outside of areas of minority and poverty concentration Maintain or increase section 8 lease-up rates by effectively screening Section 8 applicants to increase owner acceptance of program Participate in the Consolidated Plan development process to ensure coordination with broader community strategies Other (list below) Strategy 2: Increase the number of affordable housing units by: Select all that apply I?F ' 1111 [5~] Apply for additional section 8 units should they become available r'-] Leverage affordable housing resources in the community through the creation of mixed - finance housing [~ Pursue housing resources other than public housing or Section 8 tenant-based assistance. [--1 Other: (list below) Need: Specific Family Types: Families at or below 30% of median Strategy 1: Target available assistance to families at or below 30 % of AMI (Not Applicable) Select all that apply Exceed HUD federal targeting requirements for families at or below 30% of AMI in public housing Exceed HUD federal targeting requirements for families at or below 30% of AMI in tenant-based section 8 assistance Employ admissions preferences aimed at families with economic hardships Adopt rent policies to support and encourage work Other: (list below) Need: Specific Family Types: Families at or below 50% of median Strategy 1: Target available assistance to families at or below 50% of AMI (Not Applicable) Select all that apply Employ admissions preferences aimed at families who are working Adopt rent policies to support and encourage work Other: (list below) Need: Specific Family Types: The Elderly Strategy 1: Target available assistance to the elderly: Select all that apply Seek designation of public housing for the elderly Apply for special-purpose vouchers targeted to the elderly, should they become available Other: (list below) Need: Specific Family Types: Families with Disabilities Seek designation of public housing for families with disabilities Carry out the modifications needed in public housing based on the section 504 Needs Assessment for Public Housing Apply for special-purpose vouchers targeted to families with disabilities, should they become available Affirmatively market to local non-profit agencies that assist families with disabilities Other: (list below) Need: Specific Family Types: Races or ethnicities with disproportionate housing needs Strategy 1: Increase awareness of PHA resources among families of races and ethnicities with disproportionate needs: Select if applicable Affirmatively market to races/ethnicities shown to have disproportionate housing needs Other: (list below) Strategy 2: Conduct activities to affirmatively further fair housing Select all that apply Counsel section 8 tenants as to location of units outside of areas of poverty or minority concentration and assist them to locate those units Market the section 8 program to owners outside of areas of poverty/minority concentrations Other: (list below) Other Housing Needs & Strategies: (list needs and strategies below) (2} Reasons for Selecting Strategies Of the factors listed below, select all that influenced the PHA's selection of the strategies it will pursue: Funding constraints Staffing constraints Limited availability of sites for assisted housing Extent to which particular housing needs are met by other organizations in the community Evidence of housing needs as demonstrated in the Consolidated Plan and other information available to the PHA Influence of the housing market on PHA programs Community priorities regarding housing assistance Results of consultation with local or state government Results of consultation with residents and the Resident Advisory Board Results of consultation with advocacy groups Other: (list below) 2_. Statement of Financial Resources [24 CFR Part 903.7 9 Co)] List the financial resources that are anticipated to be available to the PHA for the support of Federal public housing and tenant-based Section 8 assistance programs administered by the PI-IA during the Plan year. Note: the table assumes that Federal public housing or tenant based Section 8 assistance gram funds are expended on eligible purposes; therefore, uses of these funds need not be stated. For other funds, indicate the use for those funds as one of the following categories: public housing operations, public housing capital improvements, public housing safety/security, public housing supportive services, Section 8 tenant-based assistance, Section 8 supportive services or other. Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 1. Federal Grants (FY 2000 grants) a) Public Housing Operating Fund b) Public Housing Capital Fund c) HOPE VI Revitalization d) HOPE VI Demolition e) Annual Contributions for Section $3,045,746(Vouchers) 8 Tenant-Based Assistance $15,600 (Mod Rehab) f') Public Housing Drug Elimination Program (including any Technical Assistance funds) g) Resident Opportunity and Self- Sufficiency Grants h) Community Development Block Grant i) HOME Other Federal Grants (list below) 2. Prior Year Federal Grants (unobligated funds only) (list below) Family Self Sufficiency Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 3. Public Housing Dwelling Rental Income 4. Other income (list below) 4. Non-federal sources (list below) Total resources $3,061,346 3. PHA Policies Governine Eiiuibilitv, Selection, and Admissions [24 CFR Part 903.7 9 (c)] A. Public Housing NOT APPLICABLE Exemptions: PHAs that do not administer public housing arc not required to complete subcomponcnt 3A. (1) Eligibility a. When does the PHA verify eligibility for admission to public housing? (select all that apply) ['"] When families are within a certain number of being offered a unit: (state number) [--] When families are within a certain time of being offered a unit: (state time) I'-] Other: (describe) b. Which non-income (screening) factors does the PHA use to establish eligibility for admission to public housing (select all that apply)? [--] Criminal or Drug-related activity [-"J Rental history I--] Housekeeping [] Other (describe) c. I'-] Yes [--] No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? d. ~] Yes [-"] No: e. ['--] Yes [-] No: 17F Does the PHA request criminal records from State law enforcement agencies for screening purposes? Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) (2)Waiting List Organization a. Which methods does the PHA plan to use to organize its public housing waiting list (select all that apply) [-'-] Community-wide list [-] Sub-jurisdictional lists [--] Site-based waiting lists [---] Other (describe) b. Where may interested persons apply for admission to public housing? [~] PHA main administrative office [--] PHA development site management office [~] Other (list below) c. If the PHA plans to operate one or more site-based waiting lists in the coming year, answer each of the following questions; if not, skip to subsection (3) Assignment 1. How many site-based waiting lists will the PHA operate in the coming year? 2.[-] Yes~] No: Are any or all of the PHA's site-based waiting lists new for the upcoming year (that is, they are not part of a previously-HUD- approved site based waiting list plan)? If yes, how many lists? 3. [---] Yes [--] No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site-based waiting lists (select all that apply)? PHA main administrative office All PHA development management offices Management offices at developments with site-based waiting lists At the development to which they would like to apply Other (list below) (3) Assignment a. How many vacant unit choices are applicants ordinarily given before they fall to the bottom of or are removed from the waiting list? (select one) [---] One ['--j Two [--j Three or More b. ~'~ Yes [---I No: Is this policy consistent across all waiting list types? c. If answer to b is no, list variations for any other than the primary public housing waiting list/s for the PHA: (4) Admissions Preferences a. Income targeting: [] Yes [--] No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 40% of all new admissions to public housing to families at or below 30% of median area income? b. Transfer policies: In what circumstances will transfers take precedence over new admissions? (list below) Emergencies Overhoused Underhoused Medical justification Administrative reasons determined by the PHA (e.g., to permit modernization work) Resident choice: (state circumstances below) Other: (list below) c. Preferences 1. [~] Yes [~] No: Has the PHA established preferences for admission to public housing (other than date and time of application)? (If"no" is selected, skip to subsection (5) Occupancy) Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply fi'om either former Federal preferences or other preferences) Former Federal preferences: [~] Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden (rent is > 50 percent of income) 17F Other preferences: (select below) r-] Working families and those unable to work because of age or disability [--] Veterans and veterans' families [-] Residents who live and/or work in the jurisdiction ['-] Those enrolled currently in educational, training, or upward mobility programs [-] Households that contribute to meeting income goals (broad range of incomes) [-'] Households that contribute to meeting income requirements (targeting) [---] Those previously enrolled in educational, training, or upward mobility programs [--] Victims of reprisals or hate crimes [-'] Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. Date and Time Former Federal preferences: Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) [--] Working families and those unable to work because of age or disability Veterans and veterans' families Residents who live and/or work in the jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 4. Relationship of preferences to income targeting requirements: [~ The PHA applies preferences within income tiers {17F Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Occupancy a. What reference materials can applicants and residents use to obtain information about the rules of occupancy of public housing (select all that apply) [---] The PHA-resident lease [--] The PHA's Admissions and (Continued) Occupancy policy [-'] PHA briefing seminars or written materials [--] Other source (list) b. How often must residents notify the PHA of changes in family composition? (select all that apply) [-"-] At an annual reexamination and lease renewal [-'-] Any time family composition changes [--'] At family request for revision [-3 Other (list) (6) Deconcentration and Income Mixing Yes [-"] No: Did the PHA's analysis of its family (general occupancy) developments to determine concentrations of poverty indicate the need for measures to promote deconcentration of poverty or income mixing? b. [--] Yes [-~ No: Did the PHA adopt any changes to its admissions policies based on the results of the required analysis of the need to promote deconcentration of poverty or to assure income mixing? c. If the answer to b was yes, what changes were adopted? (select all that apply) [--[ Adoption of site-based waiting lists If selected, list targeted developments below: Employing waiting list "skipping" to achieve deconcentration of poverty or income mixing goals at targeted developments If selected, list targeted developments below: Employing new admission preferences at targeted developments If selected, list targeted developments below: [--] Other (list policies and developments targeted below) d. [--1 Yes [--] No: Did the PHA adopt any changes to other policies based on the results of the required analysis of the need for deconcentration of poverty and income mixing? e. If the answer to d was yes, how would you describe these changes? (select all that apply) Additional affirmative marketing Actions to improve the marketability of certain developments Adoption or adjustment of ceiling rents for certain developments Adoption of rent incentives to encourage deconcentration of poverty and income-mixing Other (list below) f. Based on the results of the required analysis, in which developmems will the PHA make special efforts to attract or retain higher-income families? (select all that apply) [--] Not applicable: results of analysis did not indicate a need for such efforts [--] List (any applicable) developments below: g. Based on the results of the required analysis, in which developmems will the PHA make special efforts to assure access for lower-income families? (select all that apply) ['--1 Not applicable: results of analysis did not indicate a need for such efforts [--] List (any applicable) developmems below: 17F B. Section 8 Exemptions: PHAs that cio not administer section 8 arc not required to complete sub-component SB. Unless otherwise specified, all questions in this section apply only to the tenant-based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). a. What is the extent of screening conducted by the PHA? (select all that apply) [~ Criminal or drug-related activity only to the extent required by law or regulation [-'] Criminal and drug-related activity, more extensively than required by law or regulation ['--] More general screening than criminal and drug-related activity (list factors below) 1-~ Other (list below) b. I---] Yes [~ No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? c. [--] Yes [] No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? d. I--] Yes [~ No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) e. Indicate what kinds of information you share with prospective landlords? (select all that apply) Criminal or drug-related activity (Only to the extent this information is adequately documented and known by the CCItA, and only upon request of the landlord) [-'-[ Other (describe below) (2) Waiting List Organization a. With which of the following program waiting lists is the section 8 tenant-based assistance waiting list merged? (select all that apply) None Federal public housing Federal moderate rehabilitation Federal project-based certificate program Other federal or local program (list below) b. Where may interested persons apply for admission to section 8 tenant-based assistance? (select all that apply) [~ PHA main administrative office Other (fist below) Section 8 Office 237 Airport Road South Naples, Florida 34104 (3) Search Time a. [~ Yes ['-] No: Does the PHA give extensions on standard 60-day period to search for a unit? If yes, state circumstances below: The housing authority gives two additional 30-day extensions for families who request it and show they have been actively looking. (4) Admissions Preferences a. Income targeting Yes [5(] No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 75% of all new admissions to the section 8 program to families at or below 30% of median area income? b. Preferences 1. [--] Yes [5~] No: Has the PHA established preferences for admission to section 8 tenant-based assistance? (other than date and time of application) (if no, skip to subcomponent (5) Special purpose section 8 assistance programs) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) None Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden (rent is > 50 percent of income) Other preferences (select all that apply) Working families and those unable to work because of age or disability Veterans and veterans' families Residents who five and/or work in your jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. 1 Date and Time Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) [--"] Working families and those unable to work because of age or disability Veterans and veterans' families Residents who live and/or work in your jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 4. Among applicants on the waiting list with equal preference status, how are applicants selected? (select one) [~ Date and time of application [--] Drawing (lottery) or other random choice technique 5. If the PHA plans to employ preferences for "residents who live and/or work in the jurisdiction" (select one) [---1 This preference has previously been reviewed and approved by HUD I-'] The PHA requests approval for this preference through this PHA Plan 6. Relationship of preferences to income targeting requirements: (select one) [-'] The PHA applies preferences within income tiers Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements Special Purpose Section 8 Assistance Proerams a. In which documents or other reference materials are the policies governing eligibility, selection, and admissions to any special-purpose section 8 program administered by the PHA contained? (select all that apply) [~] The Section 8 Administrative Plan [~ Briefing sessions and written materials [--1 Other (list below) b. How does the PHA announce the availability of any special-purpose section 8 programs to the public? Through published notices [] Other (list below) 4. PHA Rent Determination Policies [24 CFR Part 903.7 9 (d)l A. Public Housing NOT APPLICABLE Exemptions: PHAs that do not administer public housing are not required to complete sub-component 4A. (1) Income Based Rent Policies Describe the PHA's income based rent setting policy/ies for public housing using, including discretionary (that is, not required by statute or regulation) income disregards and exclusions, in the appropriate spaces below. a. Use of discretionary policies: (select one) The PHA will not employ any discretionary rent-setting policies for income based rent in public housing. Income-based rents are set at the higher of 30% of adjusted monthly income, 10% of unadjusted monthly income, the welfare rent, or minimum rent (less HUD mandatory deductions and exclusions). (If selected, skip to sub-component (2)) 17F The PHA employs discretionary policies for determining income based rem (If selected, continue to question b.) b. Minimum Rem 1. What amount best reflects the PHA's minimum rem? (select one) [Z] $0 [] $]425 [--] $26-$50 2. [~[ Yes [~] No: Has the PHA adopted any discretionary minimum rem hardship exemption policies? 3. If yes to question 2, list these policies below: c. Rems set at less than 30% than adjusted income 1. [--] Yes [-] No: Does the PHA plan to charge rems at a fixed amount or percentage less than 30% of adjusted income? 2. If yes to above, list the amounts or percemages charged and the circumstances under which these will be used below: d. Which of the discretionary (optional) deductions and/or exclusions policies does the PHA plan to employ (select all that apply) For the earned income of a previously unemployed household member For increases in earned income Fixed amount (other than general rent-setting policy) If yes, state amount/s and circumstances below: Fixed percemage (other than general rem-setting policy) If yes, state percemage/s and circumstances below: [-] For household heads [---] For other family members [---] For transportation expenses [--] For the non-reimbursed medical expenses of non-disabled or non-elderly families [--] Other (describe below) 17F e. Ceiling rents 1. Do you have ceiling rents? (rents set at a level lower than 30% of adjusted income) (select one) Yes for all developments Yes but only for some developments No 2. For which kinds of developments are ceiling rents in place? (select all that apply) [--] For all developments [-1 For all general occupancy developments (not elderly or disabled or elderly only) [-'l For specified general occupancy developments [-'[ For certain parts of developments; e.g., the high-rise portion [--] For certain size units; e.g., larger bedroom sizes ~-] Other (list below) 3. Select the space or spaces that best describe how you arrive at ceiling rents (select all that apply) Market comparability study Fair market rents (FMR) 95th percentile rents 75 percent of operating costs 100 percent of operating costs for general occupancy (family) developments Operating costs plus debt service The "rental value" of the unit Other (list below) f. Rent re-determinations: 1. Between income reexaminations, how often must tenants report changes in income or family composition to the PHA such that the changes result in an adjustment to rent? (select all that apply) [] Never [--'[ At family option [--] Any time the family experiences an income increase I--] Any time a family experiences an income increase above a threshold amount or percentage: (if selected, specify threshold)__ [--] Other (list below) 17F g. [-] Yes ~-I No: Does the PHA plan to implement individual savings accounts for residents (ISAs) as an alternative to the required 12 month disallowance of earned income and phasing in of rent increases in the next year? (2) Fiat Rents 1. In setting the market-based flat rents, what sources of information did the PHA use to establish comparability? (select all that apply.) [--1 The section 8 rent reasonableness study of comparable housing [~] Survey of rents listed in local newspaper [-'] Survey of similar unassisted units in the neighborhood [--'] Other (list/describe below) B. Section 8 Tenant-Based Assistance Exemptions: PHAs that do not administer Section 8 tenant-based assistance are not required to complete sub-component 4B. Unless otherwise specified, all questions in this section apply only to the tenant-based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). (1) Payment Standards Describe the voucher payment standards and policies. a. What is the PHA's payment standard? (select the category that best describes your standard) [--] At or above 90% but belowl00% of FMR [5~] 100% of FMR [-] Above 100% but at or below 110% of FMR ["-] Above 110% of FMR (if HUD approved; describe circumstances below) b. If the payment standard is lower than FMR, why has the PHA selected this standard? (select all that apply) NOT APPLICABLE [---] FMRs are adequate to ensure success among assisted families in the PHA's segment of the FMR area The PHA has chosen to serve additional families by lowering the payment standard Reflects market or submarket Other (list below) c. If the payment standard is higher than FMR, why has the PHA chosen this level? (select all that apply) NOT APPLICABLE ['-] FMRs are not adequate to ensure success among assisted families in the PHA's segment of the FMR area Reflects market or submarket To increase housing options for families Other (list below) d. How often are payment standards reevaluated for adequacy? (select one) [] Annually 1--] Other (list below) e. What factors will the PHA consider in its assessment of the adequacy of its payment standard? (select all that apply) [~ Success rates of assisted families [~ Rent burdens of assisted families I-"-[ Other (list below) (2) Minimum Rent a. What amount best reflects the PHA's minimum rent? (select one) $0 [--I $1-$25 [--] $26-$50 b. [--[ Yes [5~] No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? (if yes, list below) 5. Operations and Management [24 CFR Part 903.7 9 (e)] Exemptions from Component 5: High performing and small PHAs are not required to complete this section. Section 8 only PHAs must complete parts A, B, and C(2) A. PHA Management Structure Describe the PHA's management structure and organization. (select one) I-'l An organization chart showing the PHA's management structure and organization is attached. A brief description of the management structure and organization of the PHA follows: CCHA Board of Commissioners Executive Director Occ. Specialist Resident Mgr. Maint. Worker I Maint. Worker Inspector Director of Administration Receivable Coordinator I Section 8 Coordinator Maint. Worker Asst. Sec. 8 Coord. [ Interviewer 4 Maint. Worker 17F B. HUD Programs Under PHA Management List Federal programs administered by the PHA, number of families served at the beginning of the upcoming fiscal year, and expected turnover in each. (Usc "NA" to indicate that the PHA does not ate any of the pro,ams listed below.) Program Name Units or Families Expected Served at Year Turnover Beginning Public Housin~ Section 8 Vouchers 429 54 Section 8 Certificates Section 8 Mod Rehab 4 1 Special Purpose Section 8 Certificates/Vouchers (list individually) Public Housing Drug Elimination Program (PI-tDEP) Other Federal Programs(list individually) Farmers Home Admin 641 91 C. Management and Maintenance Policies List the PHA's public housing management and maintenance policy documents, manuals and handbooks that contain the Agency's rules, standards, and policies that govern maintenance and management of public housing, including a description of any measures necessary for the prevention or eradication of pest infestation (which includes cockroach infestation) and the policies governing Section 8 management. (1) Public Housing Maintenance and Management: (list below) NOT APPLICABLE Section 8 Management: (list below) Section 8 Administrative Plan HAP Contract Briefing Materials 17F 6. PHA Grievance Procedures [24 CFR Part 903.7 9 (f)] Exemptions from component 6: High performing PHAs are not required to complete component 6. Section 8-Only PHAs are exempt from mb-component 6A. A. Public Housing NOT APPLICABLE 1. [-] Yes [--] No: Has the PHA established any written grievance procedures in addition to federal requirements found at 24 CFR Part 966, Subpart B, for residents of public housing? If yes, list additions to federal requirements below: 2. Which PHA office should residents or applicants to public housing contact to initiate the PHA grievance process? (select all that apply) ['-] PHA main administrative office ['-] PHA development management offices [--I Other (list below) B. Section 8 Tenant-Based Assistance 1. [--] Yes [] No: Has the PHA established informal review procedures for applicants to the Section 8 tenant-based assistance program and informal hearing procedures for families assisted by the Section 8 tenant- based assistance program in addition to federal requirements found at 24 CFR 982? If yes, list additions to federal requirements below: 2. Which PHA office should applicants or assisted families contact to initiate the informal review and informal hearing processes? (select all that apply) 15~ PHA Main Office (1800 Farm Worker Way, Immokalee, FL) [] Other (list below): PHA Section 8 office located at 237 Airport Road South, Naples, FL 7. Capital Improvement Needs NOT APPLICABLE [24 CFR Part 903.7 9 (g)l Exemptions from Component 7: Section 8 only PHAs are not required to complete this component and may skip to Component 8. A. Capital Fund Activities Exemptions from sub-component 7A: PHAs that will not participate in the Capital Fund Program may skip to component 713. All other PHAs must complete 7A as instructed. 17F (1) Capital Fund Program Annual Statement Using parts I, II, and III of the Annual Statement for the Capital Fund Program (CFP), identify capital activities the PHA is proposing for the upcoming year to ensure long-term physical and social viability of its public housing developments. This statement can be completed by using the CFP Annual Statement tables provided in the table library at the end of the PHA Plan template OR, at the PHA's option, by completing and attaching a properly updated HUD-52837. Select one: [--] The Capital Fund Program Annual Statement is provided as an attachment to the PHA Plan at Attachment (state name) -or- The Capital Fund Program Annual Statement is provided below: (if selected, copy the CFP Annual Statement from the Table Library and insert here) (2) Optional 5-Year Action Plan Agencies are encouraged to include a 5-Year Action Plan covering capital work items. This statement can be completed by using the 5 Year Action Plan table provided in the table library at the end of the PHA Plan template OR by completing and attaching a properly updated HUD-52834. a. [--'] Yes [--1 No: Is the PHA providing an optional 5-Year Action Plan for the Capital Fund? (if no, skip to sub-component 7B) b. If yes to question a, select one: ['-] The Capital Fund Program 5-Year Action Plan is provided as an attachment to the PHA Plan at Attachment (state name -or- The Capital Fund Program 5-Year Action Plan is provided below: (if selected, copy the CFP optional 5 Year Action Plan from the Table Library and insert here) B. HOPE VI and Public Housing Development and Replacement Activities (Non-Capital Fund) Applicability of sub-component 7B: All PHAs administering public housing. Identify any approved HOPE VI and/or public housing development or replacement activities not described in the Capital Fund Program Annual Statement. [--] Yes [--] No: a) Has the PHA received a HOPE VI revitalization grant? (if no, skip to question c; if yes, provide responses to question b for each grant, copying and completing as many times as necessary) b) Status of HOPE VI revitalization grant (complete one set of questions for each grant) 17F 1. Development name: 2. Development (project) number: 3. Status of grant: (select the statement that best describes the current status) Revitalization Plan under development Revitalization Plan submitted, pending approval Revitalization Plan approved Activities pursuant to an approved Revitalization Plan underway [-'] Yes I--] No: c) Does the PHA plan to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development name/s below: [--I Yes [-'1 No: d) Will the PHA be engaging in any mixed-finance development activities for public housing in the Plan year? If yes, list developments or activities below: [-'] Yes 1--] No: e) Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital Fund Program Annual Statement? If yes, list developments or activities below: 8__. Demolition and Disposition NOT APPLICABLE [24 CFR Part 903.7 9 (h)] Applicability of component 8: Section 8 only PHAs are not required to complete this section. 1. [--1 Yes [--] No: Does the PHA plan to conduct any demolition or disposition activities (pursuant to section 18 of the U.S. Housing Act of 1937 (42 U.S.C. 1437p)) in the plan Fiscal Year? (If'~No", skip to component 9; if "yes", complete one activity description for each development.) 2. Activity Description [~] Yes [--] No: Has the PHA provided the activities description information in the optional Public Housing Asset Management Table? (If "yes", skip to component 9. If"No", complete the Activity Description table below.) Demolition/Disposition Activity Description 1 a. Development name: lb. Development (project) number: 2. Activity type: Demolition Disposition 3. Application status (select one) Approved [~] Submitted, pending approval Planned application [-'-] 4. Date application approved, submitted, or planned for submission: 5. Number of units affected: 6. Coverage of action (select one) [-] Part of the development [--] Total development Timeline for activity: a. Actual or projected start date of activity: b. Projected end date of activity: 9_. Designation of Public Housing for Occupancy by Elderly Families or Families with Disabilities or Elderly Families and Families with Disabilities NOT APPLICABLE [24 CFR Part 903.7 9 (i)] Exemptions from Component 9; Section 8 only PHAs are not required to complete this section. 1. [--1 Yes ~] No: Has the PHA designated or applied for approval to designate or does the PHA plan to apply to designate any public housing for occupancy only by the elderly families or only by families with disabilities, or by elderly families and families with disabilities or will apply for designation for occupancy by only elderly families or only families with disabilities, or by elderly families and families with disabilities as provided by section 7 of the U.S. Housing Act of 1937 (42 U.S.C 1437e) in the upcoming fiscal year? (If'~qo", skip to component 10. If"yes", complete one activity description for each development, unless the PHA is eligible to complete a streamlined submission; PHAs completing streamlined submissions may skip to component 10.) 2. Activity Description [--] Yes [--] No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If'Syes", skip to component 10. If 'No", complete the Activity Description table below. Designation of Public Housing Activity Description la. Development name: lb. Development (project) number: 2. Designation type: Occupancy by only the elderly [--] Occupancy by families with disabilities Occupancy by only elderly families and families with disabilities [~] 3. Application status (select one) Approved; included in the PHA's Designation Plan [--] Submitted, pending approval Planned application [--] 4. Date this designation approved, submitted, or planned for submission: (DD/MM/YY) 5. If approved, will this designation constitute a (select one) [--[ New Designation Plan ~] Revision of a previously-approved Designation Plan? 6. Number of units affected: 7. Coverage of action (select one) [--I Part of the development ~[ Total development 10. Conversion of Public Housing to Tenant-Based Assistance NOT APPLICABLE [24 CFR Part 903.7 9 (j)] Exemptions from Component 10; Section 8 only PHAs are not required to complete this section. A. Assessments of Reasonable Revitalization Pursuant to section 202 of the HUD FY 1996 HUD Appropriations Act 1. [-"[ Yes [---1 No: Have any of the PHA's developments or portions of developments been identified by HUD or the PHA as covered under section 202 of the HUD FY 1996 HUD Appropriations Act? (If"No", skip to component 11; if"yes", complete one activity description for each identified development, unless eligible to complete a streamlined submission. PHAs completing streamlined submissions may skip to component 11 .) 2. Activity Description [--] Yes [] No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If"yes", skip to component 11. If ''No", complete the Activity Description table below. Conversion of Public Housing Activity Description 1 a. Development name: lb. Development (project) number: 2. What is the status of the required assessment? [--] Assessment underway [--] Assessment results submitted to HUD 17F [--] Assessment results approved by HUD (if marked, proceed to next question) [--1 Other (explain below) 3. [--1 Yes [~] No: Is a Conversion Plan required? (If yes, go to block 4; if no, go to block 5.) status) Status of Conversion Plan (select the statement that best describes the current Conversion Plan in development Conversion Plan submitted to HUD on: (DD/MMiYYYY) Conversion Plan approved by HUD on: (DD/M1WYYYY) Activities pursuant to HUD-approved Conversion Plan underway 5. Description of how requirements of Section 202 are being satisfied by means other than conversion (select one) [--] Units addressed in a pending or approved demolition application (date submitted or approved: [-'] Units addressed in a pending or approved HOPE VI demolition application (date submitted or approved: ) [-'] Units addressed in a pending or approved HOPE VI Revitalization Plan (date submitted or approved: ) [--] Requirements no longer applicable: vacancy rates are less than 10 percent [~] Requirements no longer applicable: site now has less than 300 units [--] Other: (describe below) B. Reserved for Conversions pursuantto Section 22 ofthe U.S. Housing Act of 1937 C. Reserved for Conversions pursuantto Section 33 ofthe U.S. Housing Act of 1937 11. Homeownership Programs Administered by the PHA [24 CFR Part 903.7 9 (k)] A. Public Housing NOT APPLICABLE Exemptions from Component 1 lA: Section 8 only PHAs are not required to complete 1 lA. 1. [--] Yes [~] No: Does the PHA administer any homeownership programs administered by the PHA under an approved section 5(h) homeownership program (42 U.S.C. 1437c(h)), or an approved HOPE I program (42 U.S.C. 1437aaa) or has the PHA applied or plan to apply to administer any homeownership programs under section 5(h), the HOPE I program, or section 32 of the U.S. Housing Act of 1937 (42 U.S.C. 1437z-4). (If"No", skip to component 1 lB; if"yes", complete one activity description for each applicable program/plan, unless eligible to complete a streamlined submission due to small PHA or high performing PHA status. PHAs completing streamlined submissions may skip to component 1 lB.) Activity Description Yes [--] No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? (If"yes", skip to component 12. If "No", complete the Activity Description table below.) Public Housing Homeownership Activity Description (Complete one for each development affected) 1 a. Development name: 1 b. Development (project) number: 2. Federal Program authority: [--[ HOPE I [--] 5(h) [--] Turnkey III [--] Section 32 of the USHA of 1937 (effective 10/1/99) 3. Application status: (select one) [-] Approved; included in the PHA's Homeownership Plan/Program [--] Submitted, pending approval [--] Planned application 4. Date Homeownership Plan/Program approved, submitted, or planned for submission: (DD/MM/YYYY) 5. Number of units affected: 6. Coverage of action: (select one) ['-] Part of the development [-] Total development B. Section 8 Tenant Based Assistance 1. [-] Yes [5~ No: Does the PHA plan to administer a Section 8 Homeownership program pursuant to Section 8(y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If"No", skip to component 12; if"yes", describe each program using the table below (copy and complete questions for each program identified), unless the PHA is eligible to complete a streamlined submission due to high performer status. High performing PItAs may skip to component 12.) 2. Program Description: a. Size of Program [--[ Yes [-I No: Will the PHA limit the number of families participating in the section 8 homeownership option? If the answer to the question above was yes, which statement best describes the number of participants? (select one) ["-] 25 or fewer participants [-] 26 - 50 participants ['-I 51 to 100 participants [--] more than 100 participants b. PHA-established eligibility criteria NOT APPLICABLE I--'] Yes [-] No: Will the PHA's program have eligibility criteria for participation in its Section 8 Homeownership Option program in addition to HUD criteria? If yes, list criteria below: 12. PHA CommuniW Service and Self-sufficiency Programs [24 CFR Part 903.7 9 (1)] Exemptions from Component 12: High performing and small PHAs are not required to complete this component. Section 8-Only PHAs are not required to complete sub-component C. PHA Coordination with the Welfare (TANF) Agency Cooperative agreements: Yes [~ No: Has the PHA has entered into a cooperative agreement with the TANF Agency, to share information and/or target supportive services (as contemplated by section 12(d)(7) of the Housing Act of 1937)7 If yes, what was the date that agreement was signed? DD/MM/YY 2, Other coordination efforts between the PHA and TANF agency (select all that apply) [5~ Client referrals [5~ Information sharing regarding mutual clients (for rent determinations and otherwise) [5~ Coordinate the provision of specific social and self-sufficiency services and programs to eligible families I---[ Jointly administer programs [-'] Partner to administer a HUD Welfare-to-Work voucher program [--] Joint administration of other demonstration program [--] Other (describe) B. Services and programs offered to residents and participants !7F (1) General a. Self-Sufficiency Policies Which, if any of the following discretionary policies will the PHA employ to enhance the economic and social self-sufficiency of assisted families in the following areas? (select all that apply) Public housing rent determination policies Public housing admissions policies Section 8 admissions policies Preference in admission to section 8 for certain public housing families Preferences for families working or engaging in training or education programs for non-housing programs operated or coordinated by the PHA Preference/eligibility for public housing homeownership option participation Preference/eligibility for section 8 homeownership option participation Other policies (list below) b. Economic and Social self-sufficiency programs Yes ['--[ No: Does the PHA coordinate, promote or provide any programs to enhance the economic and social self- sufficiency of residents? (If"yes", complete the following table; if"no" skip to sub-component 2, Family Self Sufficiency Programs. The position of the table may be altered to facilitate its use. ) Services and Programs Program Name & Description Estimated Allocation Access Eligibility (including location, if Size Method (development office / (public housing or appropriate) (waiting PHA main office / section 8 SEE INFORMATION ON Tile list/random other provider name) participants or FSS PROGRAM BELOW selection/specific both) criteria/other) Job Training Limited Random - Work Force Council Open Poverty Income Guidelines Vocational Rehabilitation Unlimited Disability State of Florida Open Welfare Assistance Unlimited Random - Dept. Children & Open Poverty Family Guidelines Financial Counseling Random Consumer Credit Open Counseling of SW Florida Affordable Childcare Limited Waiting List Childcare of SW Open Florida Presnancy Prevention Unlimited Random Planned Parenthood Open Supportive Services and Referral Unlimited Random Collier County Social Open Services Adult Literacy Unlimited Random Adult Comm. Open Education Enrichment and Esteem Building Limited Random - Prefer American Assoc. Univ. Open Winners Women Symposium Participants Vocational Education and Job Unlimited Random Lorenzo Walker VO- Open Skills Training TECH Vocational Education and Job Unlimited Random - Edison Community Open HS/GED min. College Skills Training criteria Cash Assistance, Food Stamps, Unlimited State of Florida Wages Open Medicaid Family Counseling Unlimited Random First Assembly of God Open (counseling) Education Unlimited Random University of Florida - open Ext. Service Legal Advice and Representation Unlimited Selection Criteria Legal Aid Society of Open - Issues SW Florida pertaining to child custody, child support, and divorce. 17F (2) Family Self Sufficiency pro~ram/s Participation Description Program Public Housing Section 8 Family Self Sufficiency (FSS) Participation Required Number of Participants Actual Number of Participants (start of FY 2000 Estimate) (As of: 8/30/02) 25 2 Yes [--1 No: If the PHA is not maintaining the minimum program size required by HUD, does the most recent FSS Action Plan address the steps the PHA plans to take to achieve at least the minimum program size? If no, list steps the PHA will take below: Welfare Benefit Reductions The PHA is complying with the statutory requirements of section 12(d) of the U.S. Housing Act of 193 7 (relating to the treatment of income changes resulting from welfare program requirements) by: (select all that apply) [--] Adopting appropriate changes to the PHA's public housing rent determination policies and train staff.to carry out those policies [~ Informing residents of new policy on admission and reexamination [--] Actively notifying residents of new policy at times in addition to admission and reexamination. D Establishing or pursuing a cooperative agreement with all appropriate TANF agencies regarding the exchange of information and coordination of services [~ Establishing a protocol for exchange of information with all appropriate TANF agencies ~1 Other: (list below) D. Reserved for Community Service Requirement pursuant to section 12(c) of I the U.S. Housing Act of 1937 I NOT APPLICABLE 13. PI-LA Safety, and Crime Prevention Measures NOT APPLICABLE [24 CFR Part 903.7 9 (m)] Exemptions from Component 13: High performing and small PHAs not participating in PHDEP and Section 8 Only PHAs may skip to component 15. High Performing and small PHAs that are participating in PHDEP and are submitting a PHDEP Plan with this PHA Plan may skip to sub- component D. A. Need for measures to ensure the safety of public housing residents 17F 1. Describe the need for measures to ensure the safety of public housing residents (select all that apply) [--] High incidence of violent and/or drug-related crime in some or all of the PHA's developments High incidence of violent and/or drug-related crime in the areas surrounding or adjacent to the PHA's developments Residents fearful for their safety and/or the safety of their children Observed lower-level crime, vandalism and/or graffiti People on waiting list unwilling to move into one or more developments due to perceived and/or actual levels of violent and/or drug-related crime Other (describe below) 2. What information or data did the PHA used to determine the need for PHA actions to improve safety of residents (select all that apply). Safety and security survey of residents Analysis of crime statistics over time for crimes committed "in and around" public housing authority Analysis of cost trends over time for repair of vandalism and removal of graffiti Resident reports PHA employee reports Police reports Demonstrable, quantifiable success with previous or ongoing anticrime/anti drug programs Other (describe below) 3. Which developments are most affected? (list below) B. Crime and Drug Prevention activities the PHA has undertaken or plans to undertake in the next PHA fiscal year 1. List the crime prevention activities the PHA has undertaken or plans to undertake: (select all that apply) [---[ Contracting with outside and/or resident organizations for the provision of crime- and/or drug-prevention activities Crime Prevention Through Environmental Design Activities targeted to at-risk youth, adults, or seniors Volunteer Resident Patrol/Block Watchers Program Other (describe below) 2. Which developments are most affected? (list below) C. Coordination between PHA and the police 17F 1. Describe the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities: (select all that apply) Police involvement in development, implementation, and/or ongoing evaluation of drug-elimination plan Police provide crime data to housing authority stafffor analysis and action Police have established a physical presence on housing authority property (e.g., community policing office, officer in residence) Police regularly testify in and otherwise support eviction cases Police regularly meet with the PHA management and residents Agreement between PHA and local law enforcement agency for provision of above-baseline law enforcement services Other activities (list below) 2. Which developments are most affected? (list below) D. Additional information as required by PHDEP/PHDEP Plan PHAs eligible for FY 2000 PHDEP funds must provide a PHDEP Plan meeting specified requirements prior to receipt of PHDEP funds. Yes Yes [--1 Yes No: Is the PHA eligible to participate in the PHDEP in the fiscal year covered by this PHA Plan? No: Has the PHA included the PHDEP Plan for FY 2000 in this PHA Plan? No: This PHDEP Plan is an Attachment. (Attachment Filename: __) 114. RESERVED FOR PET POLICY [24 CFR Part 903.7 9 (n)] NOT APPLICABLE 15. Civil Rights Certifications [24 CFR Part 903.7 9 (o)] Civil rights certifications are included in the PHA Plan Certifications of Compliance with the PHA Plans and Related Regulations. 17F 16. Fiscal Audit [24 CFR Part 903.7 9 (p)] 1. [~ Yes ]--] 2.Yes 3. Yes [--1 4.[-] Yes 5. 3 Yes[] No: Is the PHA required to have an audit conducted under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U S.C. 1437c(h))? (If no, skip to component 17.) No: Was the most recent fiscal audit submitted to HUD? FYE 9/30/2001 No: Were there any findings as the result of that audit? No: If there were any findings, do any remain unresolved? If yes, how many unresolved findings remain? No: Have responses to any unresolved findings been submitted to HUD? NOT APPLICABLE If not, when are they due (state below)? 17. PHA Asset Management NOT APPLICABLE [24 CFR Part 903.7 9 (q)] Exemptions from component 17: Section 8 Only PHAs are not required to complete this component. High performing and small PHAs are not required to complete this component. 1. [~] Yes [] No: Is the PHA engaging in any activities that will contribute to the long-term asset management of its public housing stock, including how the Agency will plan for long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs that have not been addressed elsewhere in this PHA Plan? 2. What types of asset management activities will the PHA undertake? (select all that apply) [-1 Not applicable [--] Private management [-'-] Development-based accounting I---] Comprehensive stock assessment [--] Other: (list below) 3. [--] Yes [~] No: Has the PHA included descriptions of asset management activities in the optional Public Housing Asset Management Table? 17F 18. Other Information [24 CFR Part 903.7 9 (r)] A. Resident Advisory Board Recommendations 1. [~ Yes [--]No: Did the PHA receive any comments on the PHA Plan from the Resident Advisory Board/s? 2. If yes, the comments are: (if comments were received, the PHA MUST select one) [---] Attached at Attachment (File name) [~ Provided below: RESIDENT AD VISOR Y COMMITTEE MINUTES The Resident Advisory Committee meeting met Tuesday, August 20, 2002 at 3:00p. m. at the offices of the Collier County Housing Authority, 237 Airport Road, Naples, Florida. Members present: Jackie Jean Claribel Serrano Staff present: Angela Edison, Section 8 Coordinator A review and discussion on the agency's secondyear of activities was done. Members discussed whether the Housing Authority achieved the goals and objectives outlined during thesecond year and then made the following recommendations: · They would like to see us increase our Voucher Program. Also implement a Section 8 Homeownership Program. The next step would be taking the plan to the Board of Commissioners for their approval. Meeting adjourned at 5:00 p.m. 3. In what manner did the PHA address those comments? (select all that apply) [--] Considered comments, but determined that no changes to the PHA Plan were necessary. [--1 The PHA changed portions of the PHA Plan in response to comments List changes below: [~] Other: (list below) Ail provisions outlined in the second year remained the same, however the comment made by the Resident Advisory Board, regarding a Home Ownership Program is a program that we will be investigating in the near future. B. Description of Election process for Residents on the PHA Board 1. [--] Yes [5;~] No: Does the PHA meet the exemption criteria provided section 2(b)(2) of the U.S. Housing Act of 19377 (If no, continue to question 2; if yes, skip to sub-component C.) 2. [--] Yes E~ No: Was the resident who serves on the PHA Board elected by the residents? (If yes, continue to question 3; if no, skip to sub- component C.) 3. Description of Resident Election Process NOT APPLICABLE - The Resident Commissioner is appointed by the Governor of the State of Florida. In the early 1980's housing authorities were required by state law to have a resident commissioner on their board. The Collier County Housing Authority is govemed by a five member Board of Commissioners. The Board is appointed by the Govemor to four-year staggered terms and ratified by the Board of County Commissioners. The Housing Authority has had a Resident Commissioner on their Board since pre 1982. Currently the Resident Commissioner is Gertrude Townsend, whose term is January 17, 2001 to November 4, 2004. a. Nomination of candidates for place on the ballot: (select all that apply) Candidates were nominated by resident and assisted family organizations Candidates could be nominated by any adult recipient of PHA assistance Self-nomination: Candidates registered with the PHA and requested a place on ballot Other: (describe) b. Eligible candidates: (select one) [---1 Any recipient of PHA assistance [--] Any head of household receiving PHA assistance [--] Any adult recipient of PHA assistance [--] Any adult member of a resident or assisted family organization [--] Other (list) c. Eligible voters: (select all that apply) [--] All adult recipients of PHA assistance (public housing and section 8 tenant- based assistance) [--I Representatives of all PHA resident and assisted family organizations [---1 Other (list) C. Statement of Consistency with the Consolidated Plan For each applicable Consolidated Plan, make the following statement (copy questions as many times as necessary). 1. Consolidated Plan jurisdiction: (provide name here) COLLIER COUNTY 2. The PHA has taken the following steps to ensure consistency of this PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) r-1 The PHA has based its statement of needs of families in the jurisdiction on the needs expressed in the Consolidated Plan/s. The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. Activities to be undertaken by the PHA in the coming year are consistent with the initiatives contained in the Consolidated Plan. (list below) r--] Other: (list below) 3. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following actions and commitments: (describe below) a. Financial support for the expansion of affordable housing opportunities b. Assessment of the housing and service needs of Migrant Farm Workers c. Emphasis on economic self-sufficiency for lower income residents D. Other Information Required by HUD Use this section to provide any additional information requested by HUD. 1. Deviations From and Modifications To the Agency Plan The Agency Plan is a living document that shall serve to guide CCI-IA operations and resource management. In the event that circumstances or priorities necessitate actions that would represent a substantial departure from the goals, objectives, timetables or policies as set forth in the plan, the CCHA will invite resident review and input prior to taking actions that would implement such substantial changes. Development of subsequent Am~ual Plans shall be the vehicle through which updates and minor or routine modifications to the Agency Plan are made. On an annual basis the CCHA will review its progress toward the achievement of its goals and objectives as set forth in the Agency Plan. It will also evaluate whether the remaining goals and objectives, and the existing policies and procedures, adequately address the needs of its constituents, stakeholders and the agency. To the extent that those needs are not met by the elements of the existing Agency Plan, the subsequent Annual Plan shall be written to reflect changes to goals, objectives, policies and procedures to address those needs. In the event that the elements of the subsequent annual plan represent a significant departure fi.om those of the existing Agency Plan, a Significant Amendment or Modification to the Agency Plan will be undertaken. Under these circumstances, a participatory planning process will be used to obtain resident input. A draft of the substantially modified Agency Plan will be subject to the public review, comment, and hearing process. The CCHA will honor the current HUD definition of Substantial Deviation and Significant Amendment that applies to it: 1. Changes to rent or admissions policies or organization of the waiting list An exception to this definition will be made if modifications are required solely to reflect changes in HUD regulatory requirements. In that case, such changes will not be considered significant amendments by the CCI-IA. 19. Attachments Use this section to provide any additional attachments referenced in the Plans. A. Progress Report on 5-Year Plban Mission and Goals Consistent with HUD's strategic goals the Collier County Housing Authority undertook the following key activities: Affordable Housing Key activities to be undertaken include the formation of partnerships and identification of funding sources and affordable housing options. · HUD notices of funding availability. · Tax credit properties. · Standard & Poor rating so that we can pursue non-traditional sources of funding throughout the financial community. Equal Housing Opportunity Activities will focus on outreach to potential Section 8 Landlords. · Active participation on the Workforce Housing Advisory Committee. · Member of the Homeless Coalition. · Member of the HALO Coalition. · Renewed our membership with the Naples Apartment Association and have designated a member of our staff to represent the agency. · Updated and put together information sheet for owners on the Section 8 Program and are providing one-on-one consultations with potential landlords. Self-Sufficiency Activities will focus on revitalizing the Section 8 Family Self-Sufficiency Program. Policies to be implemented will include a Section 8 admissions preference for families that are working. Reorganizing the Family Self-Sufficiency Program. Have updated the administrative plan, which will implement new policies and procedures. Quality of Life Second year activities will continue to include staff training. · As training opportunities become available, staff is identified based on who will most benefit from the training. · The updated administrative plan will also serve as a procedural manual. B. Resident Advisory Board Members Gertrude Townsend (Resident Commissioner) 1200 Applemint Lane Immokalee, FL 34142 Dolly McSwain 529 Oakhaven Circle, #104 Immokalee, FL 34142 Claribel Serrano 245 Manor Blvd. #1802 Naples, FL 34104 Jackie Jean 155 Manor Blvd., ~601 Naples, FL 34104 AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS Consolidated Plan One-Year Action Plan FY 2002-2003 Collier Co~mty, Florida 85 17F .P.O. Box 518 'LaBelle, FL 33975 Affidavit of Publ? Cation State of Florida · County ~f Hendry' _Collier County Housing and Urban DeveloPment I hereby certify that a __Citizen Participation-Plar~.-legal ad was Placed the Immokalee Bulletin on 'september 26, 2002 Linda Jo. CoombS: .#¢C 867472 Date ..,~'.o,, Lincla Jo'CoombS ' ¢r~r ~ Itt'y::Com mis sioh':CCaS?472 ~,,, ~...- Exp res August::30, 2003 NAPLES DAILY NE~S'~ Published Daily Naples, FL 34102 Affidavit of Publication State of Florida CourtW of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time(s) in the issue on September 26, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, fi;Tn or corporation any discount, rebate, commission or refund for ~e purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me /7ffT~I.2th day of September, 2002 ,/Signature 0f ~totar37p'uf>iic) ' - o~' ~ Donna ~c.~ ~ My C;omm~ss~on DOO~33e 17F I~QUAL HOUSING OPPORTUNITY Citizen ParticiPation - Consolidated Plan Development Process 17F COLLIER COUNTY, FLORIDA 'Collier County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development- (HUD). The CP is a document, which is used to guide housing programs and non-hOusing community planning for fiscal year 2003-2004. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very Iow, Iow, and moderate- income persons. The' One-Year Action plan will be used to determine expenditures on program projects for fiscal year 2003-2004. Anticipated Yearly Grant: Approximately $2,700,000 Eligible Activities: acquisition of real property; acquisition, construction, rehabilitation or installation of public facilities'-'and improvements; clearance, demolition, and removal of building and improvements; and provision of public services and facilities in aCcordance with 24 CFR §. 570. Approximately 100%'of the total allocation will benefit Iow and moderate-income persons. Citizen Input: The purpose of this public hearing will be to solicit citizen views on Collier County's housing and community development needs including priority non-housing community development needs for the purpo, se of develOping a Consolidated Plan for FY 2003-2004. The hearing will be held at two locations: Monday, October 14, 2002 at 6:00 p.m. - Immokalee Community Center 321 N. 1st Street Immokalee, FL Wednesday, October 16, 2002 at 6:00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL Monday, October 28, 2002 at 6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, FL Public WorkshoPs: Them will be 'two public workshops offering technical assistance by County staff to answer queStions potential applicants may have about the CDBG application. The workshops will be held at two locations: Wednesday, October 30, 2002 at 6:00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. A Spanish-speaking interpreter wi//be availab/e at both meetings. NAPLES DAILY NE~o Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appea~ed B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time(s) in the issue on September 26, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Colli,er County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Sig~nature of affiant) Swom to and subscribed before me T~7th day of September, 2002 ~Si~natu~e 'o~ notary ~'~blic) -~.~ Participaci( n Publica- Proceso de'Consolidaci ' para el Plan de Desarroilo El condado de Collier est,. desarrollando el plan consolidado un - de acci6n del aRo. El plan consolidado (CP) es requerido pc Departamento de vivienda y Desarrollo Urbano de los Esta~ Unidos (HUD). El Plan Consolidado es un documento, que se ut: para dirigir programas de vivienda y para- planificaci6n dE comunidad 2003-2004. Las metas del Plan Consolidado s proporcionar una vivienda decente; proporcionar un ambie ~conveniente; y que ampli~ las oportunidades econ(Smicas para r bajo, bajo, y las personas de ingreso moderado. El Plan de acci~)n Un aho sera Utilizado para determinar gastos en los proyectos ~ programapor el ejercicio econ(Smico 2003-2004. Cantidad Anticipada Concedida: Aproximadamente $2,700.000 Actividades Elegibles: Adquisici6n de una propiedad; adqu' construir, rehabilitar o instalaci~n y de mejoras de facilida( publicas; liquidaci~n, demolici6n, y remoci(Sn de edificios y mejon y provisi~n de servicios pQblicos y f~fcilidades de acuerdo con CFR con 570. Aproximadamente el 100% de. la asignaci(Sn t¢ beneficiara a personaS del majo y moderado ingreso. Aportacidn del Publico: El prop(~sito de esta audiencia publica si solicitar opiniones del ciudadano sobre las necesidades de vivien y desarrollo de la comunidad para' el Condado de COllier, incluyem darle prioridad a las necesidardes de desarrollo de la comunidad c e fin de enmendar el Plan Cohsolidado de ACci(Sn por un A~o para aho fiscal 2003'2004. La audiencia sera ilevada a cabo en dos Iocalizaciones: Lunes, 14 de octubre de 2002 a las 6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, FL Mi~rcoles, 16 de octubre de 20L a las 6:00 p.m. Golden Gate Community Cente~ 4701 Golden Gate Parkway Naples, FL Taller Publico: Van aver dos talleres p~blic°s ofreciendo asistenc t~cnica por el personal del Condado para contestar pregunta acerca de la aplicaci6n del CDBG para los posibles aliCantes. Los talleres seran ilevados a cabo en dos Iocalizaciones: Lunes, 28 de octubre de 2002 a las 6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, FL Mi~rcoles, 30 de octubre de 200 a las 6 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL Si usted necesita ayuda especial o servicios dirigidos por el Act, Americano para Personas con Discapacidad o alguien necesita qu, se traduzca o el uso de lenguaje de se~as, debe contactar a oficina de Administraci~n Financiera de Condado de County Departamento de Vivienda al (239) 213-2937, no mas tardar dos dia~ de anticipaci~)n para el dia de la Audiencia Publica. Un interprete de habla hispana estar~, en ambas reuniones. No. 9964?.538 Z?F ~] Collier County CDBG Public Hearing October 14, 2002 -6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, Florida Sign-In Sheet NAME ~L,.. ,,, ~ ADDRESS CDBG PUBLIC HEARING Immokalee Community Park 321 N. 1st Street Immokalee, Florida October 14, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Janeen Person-Coale, HUD Grants Coordinator, Collier County Financial Administration and Housing (FAH) Department. Ms. Person-Coale welcomed the participants and informed them this is the first public hearing to receive input for the upcoming Community Development Block Grant (CDBG) fiscal year 2003-2004 program and is being recorded. There will be approximately $2,700,000 available. Ms. Person-Coale emphasized the purpose of this meeting is to obtain public input on the needs of the Immokalee Community and not to discuss individual applications. Ms. Person-Coale introduced Ms. Lee Combs, FAH Department HUD Grants Manager, to explain the program and application/funding timeline. The following persons were in attendance: Lee Combs Janeen Person-Coale Dottie Cook Hank Kolenda Jerry Regier Tim Wetzel Silvia Puente, Translator FAH - Collier County FAH - Collier County Empowerment Alliance of SW Florida Robust Building Robust Building WINK-TV Library - Collier County Ms. Combs explained the Entitlement process (Collier County became eligible to receive funding directly from HUD when it reached a population threshold of 200,000 persons). She also explained the purpose of the public hearing, which is to obtain input on ways the expected annual funding of approximately $2.7 million may be expended. Applications will be accepted until December 3, 2002. Ms. Combs also explained the 15% cap on public service activities and that these activities must be either: A new service; or A quantifiable increase in the level of a service. Ms. Combs also explained that projects had to meet one or more National Objectives: 1. Benefit low and moderate-income persons or households; 2. Aid in the prevention or elimination of slums or blight; 3. Meet a recent community need having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare. Also, a proposed activity must be eligible according to HUD standards. Ms. Combs referred the participants to an abbreviated list included in the handout explaining eligible 17F activities and HUD guidelines. She also went over the application packet, application process and timeline. There are two application workshops scheduled (October 28th at 6:00 p.m. in Immokalee and October 30th at 6:00 p.m. in Golden Gate). Ms. Combs stated that FAH Department staff is available for technical assistance at any time during the application process. Questions received centered on the eligibility of a specific project. FAH staff responded with appropriate information and recommended to these participants that they review the application packet and attend the October 28, 2002 application workshop to obtain further assistance or contact FAH Department staff directly at (239) 213-2937. The public hearing was adjourned at 7:10 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403-2330 to make arrangements. G:\CDBG\CDBG _ HUD~ENTITLEMENT 2003-2004 (CDBG)LApplication process\10-14 PUBLIC HEARING Minutes.doc Collier County CDBG Public Hearing October 16, 2002 -6:.00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida ISign-In SheetI NAME I ADDRESS 17F CDBG PUBLIC HEARING Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida October 16, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Janeen Person-Coale, HUD Grants Coordinator, Collier County Financial Administration and Housing. County staff waited until 6:15 p.m. No public participants were in attendance. The following persons were in attendance: Lee Combs Janeen Person-Coale Denton Baker Anna Diaz, Translator FAH - Collier County FAH - Collier County FAH - Collier County CDES - Collier County The public hearing was adjourned at 6:15 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Housing and Urban Improvement department at 403-2330 to make arrangements. G:\CDBG\CDBG - HUD~ENTITLEMENT 2003-2004 (CDBG)~Application process\10-16 PUBLIC HEARING Minutes. doc 17F '~ Collier County CDBG Application Workshop October 28, 2002 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, Florida Sign-In Sheet NAME ADDRESS CDBG APPLICATION WORKSHOP Immokalee Community Park 321 N. 1 st Street Immokalee, Florida October 28, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:10 p.m. by Lee Combs, HUD Grants Manager, Collier County Financial Administration and Housing (FAH) Department. Ms. Combs welcomed the participants and briefly reviewed the information from the public hearings regarding the upcoming Community Development Block Grant (CDBG) fiscal year 2003-2004 program. The following persons were in attendance: Lee Combs Julia Langhorn Dora Strickland Barbara Mainster Dottie Cook Silvia Puente, Translator FAH - Collier County FAIt - Collier County Immokalee Resident Redlands Christian Migrant Association Empowerment Alliance of SW Florida Library - Collier County Ms. Combs explained the public hearing requirement, application process and program timeline. Applications will be accepted until December 3, 2002 at 4:00 pm in the FAH office. The application review by staff and the role of the CATF (Citizens Advisory Task Force) was discussed. Ms. Combs explained the 15% funding limit on public service activities and also that projects had to meet one or more National Objectives: 1. Benefit low and moderate-income persons or households; 2. Aid in the prevention or elimination of slums or blight; 3. Meet a recent community need having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare. At that point, the floor was opened for questions. Numerous questions were asked regarding individual proposals and specific items on the applications. Staff provided input, guidance and technical assistance. FAH staff reminded attendees that applications are due on December 3, 2002 at 4:00 pm. All applicants were encouraged to schedule "Technical Assistance" sessions with staff for review of the application and supporting information by contacting (239) 213-2937. The public meeting was adjourned at 8:00 p.m. Collier County CDBG Application Workshop October 30, 2002 - 6:00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida Sign-in Sheet NAME ADDRESS 17F CDBG APPLICATION WORKSHOP Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida October 30, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:15 p.m. by Lee Combs, HUD/Federal Grants Manager, Collier County Financial Administration and Housing. The following persons were in attendance: Lee Comb Julia Langhom Susan Alden Barry Williams Sharon Sykes Barbara Leonard Sharon Winkelman Anna Diaz, Translator FAH - Collier County FAH - Collier County FAH - Collier County Department of Human Services - Collier County Public Shelter for Abused Women Youth Haven CDES - Collier County FAH staff worked with various potential applicants on a one-on-one basis regarding each proposed application. Mr. Williams with the Department of Human Services was proposing a prescription medication program to aid low-income persons in areas other than Immokalee (which received a grant in 2002-2003). Ms. Leonard was asking about the possibility of helping residents of the Shelter for Abused Women attain help with tenant-based rental assistance. Potential applicants were also reminded that they could receive individual technical assistance until the applications were due on December 3, 2002 at 4:00 p.m. The application workshop was adjourned at 7:45 p.m. G2CDBG\CDBG - HUD\ENTITLEMENT 2003-2004 (CDBG)~Development ProcessLAPPL1CATION WORKSHOPS\I 0- 30 APPLICATION WORKSHOP Minutes.doc NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Flor/da County of Collier Before floe undersigned they serve as the aufllority, personally appeared B. Lamb_, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; That the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published ia said 1 time(s) in the issue on November 28, 2002 Affiant further says that the said Naples D~ily News is a newspaper published at Naples, in said Collie County, Florida, and that the said newspaper has heretofore been continuously published in ~id Co]lief County, Florida; dis~buted in Colli~ and I~e caunties of Flor:da, eaah day and has be=n cnt¢~d as s,,oond class mail manor at the post offic= in Naples. in said Colli=t County, Florida, for a period of 1 y.ar next !m'eocdmg ~h¢ firs~ publication of~h-~xtachcd copy of adve.~scmcm; and affiant furtltet says that hc has neither paid nor gn'omfis,"d ~y person, firm or corporation any discount, rebata, ,~ommission or r~fund for t~e parl~se of securing this advertisement for publication in th~ ~id n~w.sga~ ( Sigaatur~ of affiant)/ Swam to and subscribed before me 19/t133~ of December, 2002 /(.q{gnature c~fnotar3~puglid) ~ .~oay ~'~. Dcnn?. Cn~.at ~ r ' ADVISOR ": DEVELOPMENT ':&'::" ENVIRONMENTA~ ~' ;$ERViCE~"CONFERENCE ROOM "E", 280~ ~ om~e~flati 6fCo ~ '" ' ";'.. ~ ontoBo~' ' un ". 3; Approval. o~ Meeting Minutes. · .::: ~.b. September:12, 2002 ' · ".':'. ':"." a.: ~tensio~ f0rSmall Cities & Counties' '.";'~'" pr0gmm' ' im'~okAlee Manufacturing.:- .... pem~n ~dec/des to a :....,with mspe~., to.'an[ ma~er c0~side'md' 'at .' "this' meetifig, .he ,will. 'heed {a':re~d, of the ~.::p~oceedings..~d.that.lor~such:Purpose; ho may need to 'ensam?hat"'a ve~bA~m::~-c0~.~ "' .v_.of the proceedings' ~s. made,., whi~..reco~ . ~ 'includes the' ~esti~°nY' an~.e~dence. 'upon. ~' :... ':~:'Which't~eappea!.,is t0 be :.b~ed, . ' , '~.,:.': .... "..,,...' .j ..... ': .: ', · , , ; · .., ,:'. .... /:,,. ~ ' ' ' ' ~ ',~'"~'0~-'"', NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State o£ Florida County of Collier Before the undersigned they serve as thc author/W, personally appeared B. Lamb_, who on oath says that they serve as the Assistant Corporate Secretory of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said 1 time(s) in the issue on November 28, 2002 Affiant firther say~ Gat the said Ngp~s DaiLy News is a published ~t Naples, in said Collier County, Florida, and that ~e ~id new~ap~ h~s heretofore ~n con~nuously published in s~d ColHet Co~, ~a; dis~bu~fl in Collier and ~c counties of Florida, each fl~y and has be~ cnmred ~ ~cond class ~il nm~r a~ the post o~ in N~Ies, in ~id Collier CounW, Florida, for a y;~r next prc~ding the first publication oft~ atmg~fl copy adv~sc~nt; and ~mr ~gh;r ~ys ~gt ~ has n~it~t paid nor ~ed any p~0n, fi~ or ~omt~n anydis~unt, m~te, co~i~ or mthnd for the pu~os~ of s~u~ng this ~vc~s~t for public,on ~ ~c said no~p~. Sworn to and subscribed before me 19th day-tlr December, 2002 · 4~:~?..x ? f: .-.~,"r:; .?h:.;~em~r z'l. 2005 i7F P.O. Box 518 LaBelie, FL 33975 Affidavit of Publication State of Florida - County of Hendry ~olljer County Housing and Urban Developme~,~; hereby certify that a .Notice of Public Meetin~ ad was IJ~mokalee Bulletin on_December 5, 2002 placed in the (]~, L inCa Jo Ccmmbr, Notary Public Linda Jo Coombs. #CC 867472 Date NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF'A KEGULAR MEETING OF THE CITIZENS ADVISORY TASK FORCE (CATF) AT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES, CONFERENCE ROOM "E", 2800 N. HORSESI-IOE DRIVE, NAPLES, FL AT 1:00 P.M. ON DECEMBER 12, 2002. AGENDA 1. Roll Call 2. New Business a. Review.and ranking of FY 2003-2004 Community Development Block Grant (CDBG) applications. b. Review of CATF applications and recommendation to Board or' County Commissioners. 3. Approval of Meeting 'Minmes a. May 9, 2002 b. September 12, 2002 4. Old Business · a. 'Extension for Small Cities & Counties program - Immokalee Manufacturing Facility 5. Announcements. Additionally, this notice advises that, if a person decides to appea! any decision made by the Citizens Advisory Task Force, with respect to any matter considered at this meeting, he will need a record of the proceedings and that for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and .Housing Department at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. 17F · AVISO DE REUNION PUBLICA Por este medio le avisamos de una reuni6n regular del Asesor de Destacamento de Fuerzas del Cit~dadam (CATF) En el salon de conferencias E en 2800 Nortt Horseshoe Drive, Naples, FL a 1:00 p.m. en 12 de diciembre de 2002. AGENDA 1. Pasar lista 2. Nuevos Negocios a. Revisar y evaluar las aplicaciones para el afio fiscal 2003-2004 del Bloque de Otorgaci6n para el Desarollo Urbano (CDBG). b. Revisar las aplicaciones de CATF y recomendaciones para la Junta de Comisionados del Condado. 3; Aprovaci6n de las Minutas de la Reuni6n pasada a. 9 de mayo de 2002 b; 12 de septiembre de 2002 4. Pasados Negocios a. Extenci6n el programa de pequefias Ciudades y Condados -Facilidades de la Manufacturera,de Imtnokaiee 5. Anuncios En adici6n a la noticia dada, si una persona decide apelar cualquier decisi6n hecha por el Asesor de Destacamento de Fuerzas para el Cludadano, con respecto de cualquier cosa considerada en esta reuni6n, el necesitarfi una grabaci6n de los pmcedimientos y para este pr6posito, el tambi6n necesitarfi que est6 palabra por palabra grabado el procedimiento hecho, y que lo grabado incluya el testimonio y evidencia basado en !o que quiere apelar. Si usted requlere asistencia o servicios ofi'ecidos bajo el Acto para Americanos Discapacitados, si requiere asistencia con traducciones o lenguaje de segas, pot fbvor llame al Departamento de Administraci6n Financiara y Vivienda al (239) 213-2937 no meno~v de dos d/as tmtes de la reuni6n. l 7F ""~i Collier County CATF Meeting December 12, 2002- 1:00 p.m. 2800 N. Horseshoe Drive (Development Services Building) Conference Room "E" Naples, Florida 34104 Sign-In Sheet NAME ADDRESS 17F i~:]ill Collier County CATF Meeting December 12, 2002 - 1:00 p.m. 2800 N. Horseshoe Drive (Development Services Building) Conference Room "E" Naples, Florida 34104 NAME ADDRESS '7F Collier County CATF Meeting December 12, 2002 - 1:00 p.m. 2800 N. Horseshoe Drive (Development Services Building) Conference Room "E" Naples, Florida 34104 Sign-InI Sheet NAME ADDRESS COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES CONFERENCE ROOM "E" 2800 NORTH HORSESHOE DRIVE December 12, 2002 Meeting (Minutes Tentative Until Approved by the CATF) The meeting was called to order at 1:05 p.m. by David Corban. There was a quorum present. ROLL CALL ABSENT PRESENT Bill McCarthy Kathleen Hemnann Ellen Christian-Myers David Corban Russell Tuff X X X X X Staff Present: Financial Administration and Housing (FAH) staff- Denny Baker, Lee Corn Susan Alden, Gary Young, Janeen Person-Coale and Julia Langhorn Applicants Present: Elaine Antonacci, (Immokalee Multiculmral Multipurpose Community Action Agency (IMMCAA Cheryl Wickersham, United Church Homes Amanda Townsend, Collier County Parks and Recreation Richard Nogaj, Harvest for Humanity, Inc. Mary Ann Durso, Habitat for Humanity, Inc. Dr. Sam Durso, Habitat for Humanity, Inc. Barbara Cacchione, Empowerment Alliance of Southwest Florida, Inc. Bill Klohn, Arrowhead Apartments Ltd. Patrick McCuan, Arrowhead Apartments Ltd. Barry Williams, Colllier County Human Services Barbara Mainster, Redlands Christian Migrant Association (RCMA) Also Present: Susan Golden, City of Naples Teri Karp, Collier County Hunger and Homeless Coalition Mary Soucek, Collier County- Hunger and Homeless Coalition Marlene Foord, Collier County Grants Patricia Prather, a court reporter from Naples Court Reporting, Inc. was also present. 17F Collier County CDBG Citizen Advisory Task Force December 12, 2002- ]:00 PM Community Development and Environmental Services Building Conference Room "E" 2800 N. Horseshoe Drive, Naples, Florida 34104 Agenda Call Meeting to Order- Roll Call New Business A. Review and Ranking of FY 2003-2003 Community Development Block Grant (CDBG) applications BRIEF RECESS B. Review of CATF Applications and Recommendation to Board of County Commissioners C. Extension for Small Cities and Counties program - Immokalee Manufacturing Facility III. Approval of Meeting Minutes A. Approval of May 9, 2002 Meeting Minutes B. Approval of September 12, 2002 Meeting Minutes IV. Old Business V. Announcements III. IV. New Business A. The CATF reviewed nine Co 17F , (9) applications for Community Development Block Grant (CDBG) funding in the 2003-2004 program cycle. The following applications were recommended for funding: Housing: * United Church Homes, Inc. (Immokalee Senior Housing) $275,000 - Habitat for Hmnanity (Charlee Estates - Phase II infrastructure) $700,000 Economic Development: - Harvest for Humanity (Job Creation at Blueberry Store) $100,000 Public Facilities: Collier County Public Services (EN Community Center Senior Center addition) $83,000 ** with $255,000 set aside in 2004-2005 and 2005-2006 program years Public Services: . IMMCAA (Job training and support) $60,000 * Empowerment Alliance of SW Florida (Education and Training) $54,000 * Collier County Human Services (Prescription Medication Service) $130,000 The CATF reviewed the applications for appointment to serve on the CATF and recommended the following people be appointed: Russell W. Tuff- reappointment - Business Leader (unanimous) Jodi Bisogno - appointment - Social Services (to fill the seat vacated by Kathy He~xrnann) (unanimous) The CATF approved 4-0 that the County extend the termination date of the agreement between Collier County and the Department of Community Affairs (DCA) for the Small Cities and Counties CDBG funding used to build the Incubator at the Immokalee Airport. Due to various delays, it seems prudent to extend the termination date to March, 2004 to enable the leasee to have adequate time to have the required 22 jobs in place. Approval of Meeting Minutes A. Approval of May 9, 2002 - approved by 4-0 vote. B. Approval of September 12, 2002 - approved as corrected by 4-0 vote. Old Business A. Lee Combs gave each CATF member a copy of a letter from HUD in response to Collier County's Consolidated Annual Performance and Evaluation Report (CAPER). This was the first year a CAPER had been submitted and HUD was very pleased with the accomplishments of the CDBG program. B. Lee Combs told the CATF that Collier County had been approved for Home Investment Partnership Act (HOME) program a year earlier than expected. The anticipated funding is approximately $800,000. Unlike CDBG, this program will focus on housing. Community Housing Development Organizations (CHDOs) will received a 15% setaside for eligible projects. The Citizen Participation Plan relating to public hearings would be followed so that the public knows of the availability of the funding; public heatings have been scheduled for early January in Immokalee and Golden Gate. Since the regulations are very complex, Lee Combs suggested that the CATF allow staff to determine eligibility for funding. The CATF unanimously approved that staff be allowed to determine funding priorities and eligibility'. IV. New Business The next meeting is scheduled for March (date and time to be determined). There will be one new member of the CATF. Denny Baker suggested that the CATF be given training regarding CDBG rules and regulations, the Sunshine Law and Board Protocal; the CATF unanimously agreed. A bus tour of the CDBG projects will be scheduled for the Spring. V. Adjournment of Meeting 5:25 P.M. G:\CDBG\Citizen Advisory Task Forcc~2002 CATF Meetings\CATF Minutes 12-12-02.doc NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a 17F in the matter of PUBLIC NOTICE was published in said newspaper 1 time (s) in the issue on December 23, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post Office in Naples, in said Collier County, Flor/da, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither' paid nor promised any-person, firm or corporation any discount, rebate, comrrfission or refund for the purpose of securing this advertisement for publicationz~in the said newspapT..~ ~ ( Signature of affiant) Sworn to and subscribed before me ::IT~.,~Gth of Decembe_~:, 2002 (S~gn~tU~e °f n°tm-y public) /// NOTICE OF PUBLIC HEARING Citizen Participation - Consolidated Plan Process Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that the County has been' proposed to receive Home Investment Partnerships .(HOME) Program funds. To receive funding~ the County is required to develop a.plan to utilize these monies in a coordinated'manner. Collier County will be' amending its 2001-2005 ConsoJidated Plan to add the HOME component. The HOME program was signed into law as Title II of the CranSton Gonzalez National Affordable Housing Act in 1990 and first funded in 1992. The HOME Program helps to expand the supply of decent, affordable housing for iow and very Iow-income families by providing funds to States and local governments referred to as participating jurisdictions, or "PJs." PJs use their HOME funds for housing programs that meet local needs and priorities and have flexibility in designing their local HOME programs within the guidelines established by the Final Rule (24 CFR 92). The HOME Program establishes limits for rents, income,-purchase price, and per unit subsidy limits. . ' Proposed HOME Funding Amount: Approximately $800,000 Range of Activities: The County is able to undertake a wide range of activities under these programs that benefit Iow-income people, or are located in areas where the majority of the People. living there are Iow,income. Possible activities include rehabilitation of owner- occupied homes, tenant-based rental assistanCe, and downpayment assistance. A PJ must invest (set aside) at least 15 percent (15%) of its total HOME allocation in projects that-are owned, developed or sponsored by Community Housing Development Organizations (CHDOs), and which result in the development of homeownership or renter units. Citizen' Input: The purpose of this public hearing will be to solicit citizen views on Collier County's housing needs for the purpose of developing .an amendment to the County's Consolidated Plan for FY 2001-2005. This public hearing is not to discuss specific housing proposals. The public hearing will be held at two locations: Monday, January 6 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, FL Tuesday, January 7 - 6:30 p.m. Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, FL A Spanish-speaking interpreter will be available at both meetings. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 213-2937, no later than two (2) days prior to the' Public Hearing date. No. 99706408 December 23~ 2002 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the ' Naples Daily, a daily newspaper published at Naples, in Colher County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time (s) in the issue on December 23, 2002 lYF Affiant further says that the said Naples Daily News is a newspaPer published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post Office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the fir,t publication of the attached copy of advertisement; and affiant further says that he has neither pal4 nor promised any -person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publicatio~in the said newsp~ap~./f/_~ ~. ( Signature of affiant) Swom to and subscribed before me t~/t~ of Decem/~/20.02. __ . ParticipaCi°n de ciudad,anOs ' Plan el proceso consolldado El condado de Collier ha sido notificado por el Departamento de Vivienda y Desarrollo Urbano (HUD) que es elegible para comenzar a recibir anualmente fondos del subsidio Federal del programa InversiOn de Sociedades (HOME). Para recibir subsidio, el condado debe desarrollar Un · plan para utilizar estOs fondos p~blicos de una manera coordinada. Este plan es Ilamado "PLAN CONSOLIDADO." El condado de Collier estar~ enmendando su agrupackSn o (bloque) de subsidio para el desarrollo de la comunidad 2001-2005. Este plan Consolidado incluye el HOME fondos (Fondos Hogare~o). El programa Hogare~o ,fue firmado y hecho ley de la misma manera que el "Titulo 11 de Cranston Gonzales Acto Nacional de' Vivienda C(Smoda de 1990 {Title 11 of the Cranston Gonzales National Affordable Housing Act in 1990) y por primera vez fue financiado en 1992. El programa hogareRo .ayuda a desarrollar y proveer vivienda decente para families de bajo y muy bajo ingresos a trav~s de suministrar subsidios a estados y gobiernos locales referidos come jurisdicciones participantes, o "PJs." PJs usan los subsidios hogare~os para financiar programas de viviendas que satisfacen necesidades y prioridades locales y que tengan flexibilidad en dise~ar su programa hogareRo dentro las regulaciones establecidas pot la Regla Final. El programa HogareRo establece limites en renta, ingresos, preci{;) de compra y limites de subsidio por unidad. Donaciones anuales anticipadas: Aproximadamente $800,000 Alcance de actividades: El condado esta capacitado para emprender un alcance extenso de actividades bajo estos programas que benefician a personas de bajo ingreso (o personas de salario bajo), o personas ubicadas en areas donde la mayoria tienen un salario bajo. Actividades Posibles incluyen rehabilitaci~n de viviendas alquiladas por',propietarios, asistencia 'c~3n la renta basado en la capacidad de los' inquilinos, y asistencia con el pago de entrada. Una Jurisdicci(Sn Participante, o "PJ," requiere una inversion de 15% de los fondos totales dedicados al programa "HOME" para proyectos donde uno es dueRo, o proyectos originados por la Organizaci6n Hogare~a de la Comunidad (CHDOs) y que resultan en la creaci6n de unidades de vivienda para rentar o Ilegar a set due~o. Participacidn de ciudadanos: El prop~)sito de esta audiencia publica sera de solicitar de los ciudadanos su punto de vista de las necesidades de la vivienda del condado Collier y asi poder desarrollar una reforma a la CDBG Plan Consolidado para recibir fondos p[3blicos para los anos 2001-2005. En esta audiencia publica no se discutira de ninguna manera como escribir especificamente las propuestas de subsidio. La audiencia publica sera en dos ubicaciones: Lunes, Enero 6 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, FL Martes, Enero 7 - 6:30 p.m. Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, FL Tendremos interpretes en espa~ol para las dos audiencias Si usted requiere asistencia o servicio especial establecido pot et acto de Americanos con desabilidades o si requiere traducciOn o alguien que firme pot usted, pot favor de comunicarse con el departamento administrativo de finanzas y vivienda del Condado de Collier al tel~fono (239) 213-2937, pot favor de tlamar (2) dfas antes de la fecha de la audiencia publica. I.al~cllc. Iff..]39.75 i 7F Affidavit of Publication State of Florida · County of Hendry .d~_lJier County Hqu._siDcl and IJrban Development I I~ereby certify that a Notice of Public Hearinq/Citizen Partmlpation ad was '~laced in the Immokalee Bulletin on December 26.2002 .,~r%.~. fl-de Jo Coombs · *~ItMy cammis$1o~ cC8e7472 --,~,l~.,~ Exp~m_~ Augu$1 3~. 2003' NmT~i'y Linda Jo Coombs #CC 867472 ,.' Date 17F ~-;~ Collier County HOME Public Hearing January 6, 2003 Immokalee Community Park 321 N. 1st Street Immokalee, Florida NAME ADDRESS HOME PUBLIC HEARING 17F Immokalee Community Park 321 N. 1st Street Immokalee, Florida January 6, 2003 - 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by j,,lia Langhorn, HUD Grants Coordinator, Collier Cotmty Financial Administration and Housing (FAH) Department. Ms. Langhorn welcomed the participants and informed them this is the first public heating to receive input for the proposed Home Investment Partnerships (HOME) program for fiscal year 2003-2004 and is being recorded. There is a proposed amount of $800,000 available from HUD. Ms. Langhorn emphasized the purpose of this meeting is to obtain public input on the needs of the Immokalee Community and not to discuss individual applications. Ms. Langhorn explained the program and application/funding timeline. The following persons were in attendance: Julia Langhorn Janeen Person-Coale Dottie Cook Mafia Garcia Tamara C. Gabar Dora Strickland Silvia Puente, Translator FAH - Collier County FAH - Collier County Empowerment Alliance of SW Florida Immokalee Resident Immokalee Resident Community Redevelopment-Collier County Library - Collier County Ms. Langhorn explained the purpose of the HOME program and how HUD made the proposition of designating Collier County as a Participating Jurisdiction (P J) based on year 2000 Census Data, which reflected that Collier County is now eligible to participate in this program. She also explained the pm'pose of the public heating, which is to obtain input on ways the proposed HOME funding of approximately $800,000 for FY 2003- 2004 may be expended. Ms. Langhom discussed that projects eligible for funding under the HOME program must meet one of the following objectives: Provide decent, affordable housing to lower-income households; · Expand the capacity of nonprofit housing providers; · Strengthen the ability of state and local governments to provide housing; and · Leverage private-sector participation. Comments received stated that there is a need for more affordable permanent as well as rental housing in Immokalee, especially housing that provides more space and some privacy from neighbors, and is not currently available in most affordable housing developments. It was also stated that Immokalee is in need of transitional housing to provide a place for families to live while fl~ey are moving out of sub-standard housing. FAH staff responded with the appropriate information and also made referrals to some participants who needed additional assistance with regard to their current housing situation. Ms. Langhorn also told all participants they were welcome to obtain further assistance or contact FAH Department staff directly at (239) 213-2937. The public hearing was adjourned at 7:15 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403-2330 to make arrangements. G:kI-[OME~4~DMINLPUBLIC HEAR1NGSh°UBLIC HEARING MIN. IMM.doc ~TF Collier County HOME Public Hearing January 7 - 6:30 p.m. Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, FL Sign-In Sheet NAME ADDRESS Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, Florida Jalluary, 7 2003 - 6:30 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Julia Langhom, HUD Grants Coordinator, Collier County Financial Administration and Housing (FAH) Department. County staff waited until 6:30 p.m. No public participants were in attendance. The following persons were in attendance: Julia Langhom Janeen Person-CoMe Ana Diaz, Translator FAH - Collier County FAH - Collier County CDES - Collier County The public heating was adjourned at 6:30 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403-2330 to make arrangements. G:\HOME\ADMIN\PUBLIC HEARINGS\Public Hearing Min. GG.doc 17F m8 COLLIER COUNTY, FLORIDA Citizen Participation - Consolidated Plan Development Process Collier County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP is a document, which is used to guide housing programs and non-housing community planning for fiscal year 2003-2004. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very low, low and moderate- income persons. The One-Year Action Plan will be used to determine expenditures on program projects for fiscal year 2003-2004. There will be an allocation of approximately $2,782,000 in Community Development Block Grant (CDBG) funds. Eligible activities include, but are not limited to: acquisition of real property; acquisition, construction, rehabilitation or installation of public facilities and improvements; clearance, demolition, and removal of building and improvements; and provision of public services and facilities in accordance with 24 CFR § 570. Approximately 100% of the total allocation will benefit low and moderate-income persons. There is a proposed Home Investment Partnerships (*HOME) program allocation 'of $745,000 to expand the supply of decent, affordable housing for low and very low-income families. *HOME funds must be used for housing programs that meet local needs and priorities. Participating Jurisdictions (PJ) have flexibility in designing their local *HOME programs within the guidelines established by Final Rule 24 CFR § 92. Possible activities include rehabilitation of owner-occupied homes, tenant-based rental assistance, and down payment assistance. A PJ must also invest (set aside) at least 15 percent (15%) of its total *HOME allocation in projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDO's), and which result in the de.velopment of homeownership or rental units. Approximately 100% of the total allocation will benefit low and very-low income persons. The proposed One Year Action Plan for fiscal year 2003-2004 includes the following activities: Storm Drainage Improvement - City of Marco Island Park Improvement - City of Naples Affordable Housing Development Land Acquisition Affordable Housing Infrastructure support - Habitat for Humanity Senior Citizen Affordable Housing Development (Immokalee) Community Housing Development Organization (CHDO) set-aside Single-family Housing Rehabilitation Assistance - Countywide Rural Prescription Medication Service Single-family Housing Down Payment Assistance - Countywide Tenant Based Rental Assistance - Countywide Job Creation and Training (Immokalee) Senior Citizens Activity Center Construction Job Training and Support (Immokalee) Education & Training (Immokalee) Homeless Management Information System Community Housing Development Organization (CHDO) operating Fair Housing - Education and Outreach Program Planning and Administration (CDBG) Program Planning and Administration (*HOME) $250,000 $250,OO0 $35O,OO0 $700,0O0 $275,OO0 $204,000 $200,0OO $130,000 $100,000 $100,000 $100,000 $ 83,000 $ 60,000 $ 54,000 $ 50,000 $ 37,000 $ 3,000 $480,000 $ 74,000 Total $3~527~000 Public Comment Period There will be a public comment period from March 7, 2003 to April 7, 2003 regarding th ar Action . During this period, the draft Plan will be available for review in all of the County's public libraries and in the Financial Administration & Housing Department office located at 3050 N. Horseshoe Drive, Suite 275, Naples, Florida 34104. The CP is available in a format accessible to persons with disabilities upon request (239-213-2937). The County will respond within 15 days, in writing, to all written comments. All comments from citizens will be considered in preparing the final Consolidated Plan One Year Action Plan FY 2003-2004. Final Action Adoption of the Consolidated Plan One Year Action Plan (FY 2003-2004) is scheduled for April 22, 2003 at a regular meeting of the Board of County Commissioners. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the FAH office at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. *Home Investment Partnerships Program (*HOME): At this writing, *HOME funds are 'proposed' for Collier County. Final approval on this appropriation is still pending from HUD. COLLIER COUNTY, FLORIDA Participaci6n Ptiblica - Proceso Para Consolidar Un Plan de Desarrollo E1 Condado de Collier est~i desarrollando E1 Plan Consolidado-Un Plan de Acci6n pot un Afio. E1 plan consolidado (CP) es requerido pc el Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD. E1 Plan Consolidado es un documento, que se utiliz para dirigir programas de vivienda y para la planificaci6n de la comunidad para el afio fiscal 2003-2004. Las metas del Plan Consolidad son: proporcionar una vivienda decente; proporcionar un buen ambiente; y que ampli6 las oportunidades econ6micas para las personas d muy bajo ingreso, bajo o moderado. El Plan de Acci6n de un Afio ser~i utilizado para determinar gastos en los proyectos del program pot el afio fiscal 2003-2004. Habr~i una localizaci6n aproximada de $2,782,000 en los fondos del Programa de la Comunidad (CDBG). Algunas de las actividades qu son elegibles, pero no est~in limitadas para: compra de propiedad; adquisici6n, construcci6n, rehabilitaci6n o instalaci6n de facilidad¢ pfiblicas y mejoramiento; limpieza, demolici6n, y eliminaci6n de construcci6n y mejoramiento; proveer servicios pfiblicos y facilidade en conformidad con 24 CFR secci6n 570. Aproximadamente un 100% del total asignado pueden beneficiar personas de nivel de ingres bajo y moderado. Hay una propuesta Asociaci6n de Inversiones de Vivienda (*HOME) programa se ha asignado $745,000 para la expansi6n, para prove¢ hogares decentes y que se puedan comprar para familias de bajo y muy bajo ingreso. Los rondos de HOME deben ser usados par Programas de Vivienda que rednan las necesidades locales y las prioridades. Las jurisdicciones participantes (PJ) tienen la flexibilidad d designar el Programa HOME en su localidad dentro de las reglas establecidas en la regla final 24 CFR §92. Algunas posibles actividade incluye la rehabilitaci6n de propietario-duefio de la vivienda, asistencia de renta del inquilino y asistencia en el dep6sito de pago. E1 P tambi6n debe invertir (colocar al lado) pot lo menos un 15% de su total asignado en projectos que son propios, desarrollados patrocinado pot organizaciones del Desarrollo de la Vivienda Comunitaria (CHDO"s), y que resultarfa en el desarrollo y la posesi6n de vivienda , unidad de renta. Aproximadamente un 100% de la asignaci6n beneficiara a personas de bajo y muy bajo ingreso. Mejoramiento en drenaje - Ciudad de Marco Island Mejoramiento de parques de recreo - Ciudad de Naples Adquisici6n de tierras para el desarrollo de viviendas que se puedan comprar Soporte para la infraestrucmra de casas que se puedan comprar-Habitat for Humanity Desarrollo de Vivienda que se puedan comprar para ciudadanos ancianos-Immokalee Organizaci6n de la Comunidad para el Desarrollo de Vivienda (CHDO) colocar al lado Asistencia de Rehabilitaci6n para la vivienda de una familia sencilla- alrededor del Condado Servicio de recetas medicas en regiones rurales Asistencia para gastos de cierre para viviendas de familia sencilla Asistencia para el arrendamiento basado en la renta Adiestramiento y creaci6n de trabajos (Immokalee) Contrucci6n de centro de actividades para ciudadanos ancianos Soporte y adiestramiento de trabajo Adiestramiento y Educaci6n (Immokalee) Sistema de informaci6n para el manejo de personas sin vivienda Organizaci6n de la comunidad para el desarrollo de vivienda (CHDO) operativo Feria de Vivienda- Educaci6n y Superaci6n Programas de Planificaci6n y Administraci6n (CDBG) Programa de Planificaci6n y Administraci6n (*HOME) Total $250,000 $250,000 $350,000 $700,000 $275,000 $204,000 $200,000 $130,000 $100,000 $100,000 $100,000 $ 83,000 $ 60,000 $ 54,000 $ 50,000 $ 37,000 $ 3,000 $480,000 $ 74,000 $3,527,000 Perlodo para Comentarios Pfiblicos: Habrfi un periodo para comentarios del ptiblico desde el 7 de Marzo de 2003 hasta el 7 de Abril de 2003 relacionado al Plan de Acci61 por un Afio. Durante este periodo una copia preliminar del Plan estarfi disponible para set revisada en todas las bibliotecas ptiblicas de Condado de Collier yen la Administraci6n Financiera y el Departamento de Vivienda, 3050 N. Horseshoe Drive, Suite 275, Naples Florida 34104. El Condado de Collier responder~ por escrito, dentro de 15 dias, a todos los comentarios recibidos pot escrito. Todo Io: comentarios del ptiblico serfin considerados para preparar el final del Plan Consolidado-Un Plan de Acci6n pot un Afio de FY 2003-2004. La aprobaci6n del Plan Consolidado-Un Plan de Acci6n por un Afio (afio fiscal 2002-2003) sertl programada para el Abril del 20( en una reuni6n regular de la Junta de los Comisionados del Condado. Si usted necesita ayuda especial o servicios dirigidos por E1 Ac! Americano para Personas con Discapacidad o alguien necesita que se traduzca o el uso de lenguaje de sefias, debe contactar a la oficina C FAH al nfmero 239-213-2937, con dos horas de anticipaci6n para el d/a de la Audiencia Pdblica. *Asociaci6n de Inversiones de Vivienda (*HOME): En este escrito,, *HOME los fondos estan "propuestos' para el Condado de Collier. Aprovaci6n final en esta apropiaci6n todav/a esta pendiente del HUD. 1~ of Hendry - Collier County Housinq I hereby certify that a Cit~en Participation ..-Consolidated Plan Development _ProceSs, legal ad Was placed in the Caloosa Belie March 6, 2003 Notary Public Linda Jo Coombs. #CC 867472 Date 17F ','Ii · COLLIER COUNTY. FLORIDA ' Citizen Participation-Comolidnled Phn Developmenl Prneess -' · Collier Cnunlv Js &vi:loping .Ihe Cunsolidau~d ?lan (~e Year Aclion Hun. The Cdnsolidaled PJ~m (CP) is n.'quired'bs' Iht U.S. Departmenl of IImLsin~ and Uib~ Develop~n~nl (tlUDL ~e CP is a d~umeuL which'is u~d lo gni~ prugrams and non.housing communn~' plmmmu fur fiscal y~ar 2l~3-2~)4. Tbu g~l~ oflhu ~P arc IO: prow~ ~enl housiug; provide a Snllabl~ Jiving environmeu~: and expand ~cnnom~c 'op~rluuifies for ve~ Iow, Iow and modemte- incmue persons. The One-Year Action ]'lm~ wd[ ~ u~cd to delemlhle cx~ndi~ur~ on ~ugr~l proj~ls Ibr fi~a[ year There will ~ nn afl,talon of appruximateiy 52.7~2.~0 m Commuuky D~'cMpmcnl Bl~'k ~ran; Eligible aclwifi~s include, bm ~r~ no[ limil~ Io: acquisition of r~al pmpe~; acquisifimk cDnslmcli~, rchabilimron iuslulladoo of public fa~ililies 3nd imprnvenmms; elegance, demolition, and rcmoval.nf bui~in8 and impruv~m~s: provision of public se~'~es and facililics in acco~an~e wilh 24 CFR/570. Approximalcly 1~% o[ I~e Iolal will b~n~fll Iow and mod~ra~-m~om~ p~r~ns. 'l'htre ~s a propn~ed Home ]nv~sm~em I'~uermips I~HOME) pmg~m Ml~afinu of S74~,~ m expand lh~ supply of dccenL affordable housin~ for iow an~ ve~' Io~-incmn¢ families, qlOM E ~nds mu~ ~ used fur housin~ pm~mt~ me~t local needs aud ph~rifies. Pardci~ntiu~ ]ud~iclions (P J) have Ilcxibilily in desi~mn~ thdr I~al *HOME programs within the ~mddi~s established by Fiual Rule 24 CFR/92. Possible aclivilies i~lude r¢~bililafion ofowner~cupkd (15%3 of i~s rolm 'IIOME allocauon m p~jc~ts that are owned, developed or s~nsored by Community Housiu~ [)ev~lopmen~ OrgamzRnons lC}lDO'M, uno whic~ resell in the dcvdopmcul of homeown~rship or rental urals. Appro¢ imately 1~4 o[ Ibc ~olal ~Oocalion will ~nefil Imv and v~'-Iow incom~ ~r~ns. Tile prolx~sed One Yea~ Action ~lun for fiscal year 2003.204)4 mclndes thc following aclivRi~s: SIorm I)ramage Imprnvement -- ('iwofMarcn Island 'Park Imnrm. eumul -- C'l~ of Naeles Affordable Housing Developnlenl Lmld Acqmsflion Affordable I louaing Infrashl~crnre support -- l{abilal for Fhnnanity ' Senior Citizen Affordable Housing Development Ilmmokalee) Commumb' Ilousmg Devdopmenl Orgunization'tCItDO) :~t-aaide Single-family Itousing R~habili~alion Assislance --- CounWwide ~ural P~r~pnon Mod~cauon Sec'ice Single-lhmi~y Housing Dowu Paymem AssislanCe -Cmmlywide Tcnmd ~ased Reulal A~sislance ~ Cmnn)~vide Job ('rea~m~ ~nd Training (Immokaleel Education ~ Traufin~ (hmnokalee) ~omeless Munagemen~ Infimnudou System Commumty ttousing Develonmenl Organizaiion (CHOU) operating Program Plamuug and Adminisl~iion [CDBG) Program P~annmg and Admmisfratiou ~*HOM E~ Fetal Public Comment Period. 'IT, ere will '~ a public commqnl pernm t¥om March 7. 2003 Io April 7. 2003 regardiug the One Year Acbon Plan. During mis 'tarred. tile draft Plan will be available for review in alt of the Couuly s public libraries alld m tll~ ~ilxan~ial Admmistrution & Housing Dcoanmem office ocaled at 3050 N Horseshoe Drive. guile 275, NanJes. Flori~ 341M. I'he C'P s ax;triable in a formal accessible to ~rsons with disabihties npou requesl (239-213-2q37]. qbe C'onu~' will res ~oad ~ilhilt I~ days. m Wt'lllHg. IO all Wrlll~ll coulmenls MI comulelR5 [rom cmzens will be considered ia preparing t;~¢ final Coasou~;ned Plan One Year Action PIm~ FY 2~3-2~ Final 'sclinn Adoption et'Ibc Consolidaled Plan One Year Action Plan IFY 2003-2004) i; scheduled for April 22.2003 al a regular mcciine oF thc Board nf Coumv Commi;guners. ir you require special aid or scwices as addressed in the z~e~cans with Disabi~lies Acl ur require sombone to ~r;i[;sia~e or sig]~, plea~ tunturi the FAll uflk¢ at (239) 213-2937, no la~cr than ixvo ~21 days prior ~o the Public tlenring date. qtome Inveslmen~ Padnership~ Program UHOM E): At Ibis writing, ~HOME funds are ~ropo~ed for Collier Co~nly. Final apprnval rm this appr~priadnn is still pending from HUD. Parlicipad a P blka - Pr~e~ Para Coasalidar Ua Plan & l~nollo / El. Con~ de Collier esl ~11~ ~1 Ha~ C~li~do. Lrn PI~ ~.Acci n ~r u~ Au. El pt~ cunso~ [CP~ ~ ~queddo el ~mme~o ~ .VM~ y ~e~lb. U~aao de I~ Esmgs Uni~ IHUD. 'Et Plan Con~li~ es un d~umemo, q~ ~ u Fan difigir pr%~anm & vi~ienda~ para la plalificaci n & la c~ntmi&d ~ra el a o fi~al ~l-~. Las n~s dd Plan Coasdid ~: ~o~rd~r aaa vMe~ ~ecenle: ~o~c~ar un been ambieme: y que ampli ~ ~ni~ econ mi~J ~m I~ ~n~ mu? ~aj~ i~grt~, bain o ~n~. El Pbn de Acci n ~ an A o ~r ufili~do pan ~l~inar ~ en los ~ el a o fi~al tla~ a~ I~al~ a aproxim~ de 52.782.~ :n I~ ~on~'dfl Pro,ama ~' h C~nuni~d {CD,G). Algun~ de ~ aclivi~ ~ ~kgibks. ~m ~ eats limiladu ~: com~ & propie~d: ad~isi6 ~. conslmcci n- ~li~ci n o insmlaci a & facilidad~ p blicas y ~joamk~m: li~. ~mlici n, y eliminaci n~ conslmcd n y mejoramienlo: pmv~r ~nicios p blicos y-facili&& en cod~i&d con ~4 ~FR ~6 n ~70. A~oximadameme un I~ &l tulal asigna& ~e~ ~nefici~ ~r~ag & nivd & ing~ bain y m~n&. Ihy u~ pmpu~sla ~iaci n & lm'e~iones de Vivien& I'ItOME) pm~ se ha asi~a& $M5,~0 pan Ja hogm~ ~les y que'~e puc&n comp~r ~n fimilim d~ ~jo y may ~jo ing~. L~ ~o~ de IIOME Pmgmn~ & Vivi~ qae ~ ~n las n~esid~es I~es y las ~io6~. Las jufi~iccio~s p~ic~tes (P~ liege la ~e~bili~c &sitar d hogn~ HOUEm su I~alidad de~l~ & [~ regina e~ableci&s :n la ~gla fi~l 24 C~:~92. Algon~ include h reha~li~ci n ~ ~opielar~ue o de la vivien~, asis~e~qa de r~nla del inqoilino y ~is~encia cn el ~p ~m ~ pago. El lan~ ~ &~ inrt~ff~col~ar al h&) ~r Io ~nvs u~ 15% & su Io~1 ~ignado tu pmjecios que ~ p~opio~ ~r~ollad~ ~im ~r ~i~ci~es &l ~nollo & la Vivie~& Comunilma ICX~) s), ~ que ~sullar aen el &~m~llo y h ~si n & vivien~ uni~ ~ ~n~ Apmxima~meme nn 1~% ~ la asig~ci n ~ficiara a ~as ~ ~jo y muy bajo Jngreso. Mejomadefilo en drenaje- Ciu&d & hlar~dslaad ~lejommscnto de parques & r~-- Ciu&d & Naples A~uisid n de 6e~s ~ra d do~llo ~ vi6~n~s qua se puedan com~r S~e pan la ia~eslmctu~ de c~s qua s~ ~edan comp~r-lhb~al for llumanig ~ollo ~ Vkien~ ~ ~ ~dan cmnpra para ciu~ a~ianos-lmmokalee Ov~i a & Ia C~uai~d ~n el ~sanollo & VMen~/CR~} col~ar al lade Asi~e~ia & Rehab~limi n p~ la vwienda & una familia sencilla- ale&der del Conda~ Se~icio & ~ce~ ~i~ ~ ~giones mrales ~ist~cia para palos &ciene para vivien~s de familia ~nmlla Asiste~ia para el amn~mienlo ~do en la reda ~?~t~mientu y croci e & l~bajos dram&alee) Conm~i n & cent~ de activists ~m ci~nt~ anc~an~ S~ne y adi~tn~ienlo ~ mbajo Mia-staminate y Eds~aci n {Immokflce) 5isema de info.ct a ~m el manejo & ~mas sin vivien~ ~ni~i, & la comun{~d pa~ el de~IIo de vifien& {Cll~) u~rauvo Fedn & Vivien~- Edu=ci n Y Sunred ~ ~og~ ~ Pl~ifica~ n y A~inistmi n {CDBG) Pmgm~m ~ Pl~ific~i n y Administnci ~ PIIOblE~ Tofal S250.000 S350.000 - 5204.000 SI30,Q00 S S $ ada para Comenlarios P blines: Habr fin per ode para com:alarios del p blico des~ el 7 de Marzn de 2003 nasla el 7 de Abril de 2003 elacionadn al Plan de Mci~ un A o, Dumnte ¢sle ~r ~o naa copia pmliminar' del Plan tatar d~sponible ~ra ~r revisa& er to&s las biblio~cas p bbcas de Con~do & Collier ven la Adminislraei n Financiea y el Depanamen[o de Vivienda. 3050 N. Horseshtz Ddve. Suile'275. Napl Hn6~341~.ElCeadado&Collierresponaer ~rescrito. denbode 15das. alMosloscomenlari~recibidosporescrilo, ruder can~larim ddp ~lico ~ ~ co,sld~d~ para ~m~anr el linal kl Plan Coasdidad~Ua Plan dc Acd n ~r un A o d e ~' 2~3-2~ Acd n ?thai La aprnbaci n del Plan Cnnsolidadn. Uu Plan de Acci a ?or un A c, ia n fiscal 2002-200.I) sar pro.ummada para el 22 de Abri[ del 2003 ca una reani n regular de la 3unta & ~os Comisionados del Coa~da. Si usled aecesila a}uda asocial o se~icios diriffidos ~r El Ac Ameficano para Pem~nas con Oiscapaci&d o alguien nec~la qua se traduzca o el uso de lenguaje de se as. debe conladar a la oScina ( F,~II al a mere ]39-213-293L coo dos hms de anlici0ad a para el d a de la A,diencia P blka ~As~iacl a de In~emones de Vivienda I~HOME); En este escrito,, +HOME los fondus estan propueslos para el Cuadado de Collier. Aprovaci n final ca csla aproplad n t~dav a asia pendlenle del IIUD. NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Flor/da; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said 1 time(s) in the issue on March 6, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has h~retofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, m said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me re of notary public) o~r~,~. Donna Ch~sney '~°~''~'~ ~..~ My Cornmiss,on DO058336 ~ Expires September 1 I. 2005 PUBLIC NOTICE PUBLIC NOTICE P NO ¢OLL, IERCOUNTY, FLoRillA I /l,,1 tll citizen PartiCiPation - Consolidated Plan DevelOpment Process Colli'er County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP..is a document, which is used to guide housing Programs and non-housing community planning 'for fiScal year 2003-2004. The goals of.the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very iow, Iow and moderate-income persons. The One-Year Action Plan will be used to' determine expenditures on program projects for fiscal year 2003-2004. ' - There will be an allocation of approximately $2,782,000 in Community Development Block Grant (CDBG)funds. Eligible activities include, but are not limited to: acquisition of re~.l property; acquisition, construction, rehabilitation or installation of public facilities and improvements; clearance~ demolition, and removal of building and improvements; and provision of pUblic services and facilities in accordance with 24 CFR § 570. APproximately 100% of the total allocation will benefit Iow and moderate-income persons. There is a.proposed Home InveStment Partnerships (*HOME) program allocation of $745,000 to expand the supPly of decent, affordable housing for Iow and very Iow-income families. *HOME funds must be used for housing programs that meet local n~eds and priorities. Participating Jurisdictions (PJ) have flexibility in designing their local *HOME programs within the guidelines established by Final Rule 24 CFR § 92, Possible activities include rehabilitation of owner-occupied homes, tenant-based rental assistance, and down payment assistance. A PJ-must also invest (set aside) at least 15 percent (15%) of its total *HOME allocation in projeCts· that are owned, developed or sponsor~ed by Community Housing Development' Organizations. (CHDO's), and whiCh result in the development of homeownership or rental units. Approximately 100% of the total allocation will benefit Iow and very-low income persons. The proposed One Year Action Plan for fiscal year 2003-2004 includes the following activitieS: Storm Drainage Improvement - City of Marco Island $250,000 $250,000 Park Improvement - City of Naples ·.,.. Affordable Housing Development Land Acquisition $350,000 Affordable Housing Infrastructure su~pport 'Habitat for Humanity $700,000 .Senior Citizen Affordable Housing Development (Immokalee) $275,000 Community Housing Development Organization (CHDO) set-aside $204,000 Single-family Housing Rehabilitation Assistance -Countywide $200,000 Rural Prescription Medication' Service : $130,000 Single-family Housing Down Payment Assistance - Countywide $100,000 Tenant Based Rental Assistance - County~vide $100,000 Job Creation and Training (Immokalee) $100,000 Senior Citizens Activity Center Construction $. 83,000 Job Training and Support (Immokalee) $ 60,000 Education & Training (Immokalee) $ 54,000 Homeless'Management Information System $ 50,000 Community Housing Development Organization (CHDO) operating $ 37,000 Fair Housing- Education and Outreach $ 3,000 Program Planning and Administration (CDBG) $480,000 Program Planning and Administration (*HOME) $ 74,000 Total .~3~527~000 Public Comment Period There will be a public comment period from March 7, 2003 to April 7, 2003 regarding the One Year Action Plan. During this period, the draft Plan Will be available for review in all of the County's public libraries and in the Financial Administration & Housing Department office loCated at 3050 N. Horseshoe Drive, Suite 275, Naples, Florida 34104. The CP is available in a format accessible to persons with disabilities upon request {239-213-2937). The County will respond within 15 days, in writing, to all written comments. All comments from citizens will be considered in preparing the final Consolidated Plan One Year Action Plan FY 2003-2004. Final Action Adoption of the Consolidated Plan One Year Action Plan (FY 2003-2004) is scheduled for April 22, 2003 at a regular meeting of the Board of County Commissioners. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the FAH office at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. *Home Investment Partnerships Program (*HOME): At this writing, *HOME funds are 'proposed' for Collier Count. Final approval on this appropriation is still pending from HUD. 17F "! NAPLES DAILY NEWS Published .Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said 1 time(s) 'in the issue on March 6, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( SignatuSre of affian Sworn to and subscribed before me 6th da~ of March, 2003 '(S~gnature' of ~otary public)~ ~ ~. Do,,na Chesney kJ , ~ _- My Commission DOO~6oo6 ~c, .,$ · · ~oa~ Expires Sepi[ember t'1, 2005 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NQT~CE i '/F COLLIER COUNTY, . FLORIDA O Participaci6n Ptiblica - ProcesO Para EOU^L .o.s~.o Consolidar Un Plan de Desarrollo OPPORTUNITY El Condado da Collier estb dasarrollando El Plan Consoiidado-Un Plan de Acci6n per un A~o. I=1 plan consolidado (CP) es requarido per el Departamento de ¥i¥ianda y Desarrollo Urbane de, los Estados Unidos (HUD. El Plan Consolidado es un documento, qua se utiliza para didgir programas de vivienda y Para la planificacl6n de la comunidad para el a~o fiscal 2003-2004.. Las metas del Plan Consolidado son: proporcionar una vivlenda decente; proporcionar un buen ambientb; y qua amplib las oportunidades econ6micas para las personas de muy bajo ingreso, bajoo moderado. El Plan de ACci6n de un ARe serb utilizado para determinar gastos en los proyectos del programa per el a~o fiscal 2003-2004. : '. -.. ' · . . Habrb una Iocalizaci6n aproxlmada de $2,782,000 en los rondos del Programa de la Comunidad {CDBG). Algunas de las actividades qua son elegibles, pare no est~.n limitadas para: compra de propiedad; adquisici6n, constmcci6n, rehabilitaci6n o instalaci6n de facilidades pOblicas y mejoramiento; limpieza, demolici6n, y eliminaci6n de construcci6n y mejoramier~to; proveer servicios p[3blicos y facilidades en conformidad con 24 CFR secci6n 570. Aproximadamente un 100% del total asignado pueden benef c ar personas de nivel de ingreso bajo y moderado. Hay una propuesta Asociacl6n de Inversiones .de Vivienda (*HOME) programa se ha asignado $7451000 para la eXpansl6n,'para proveer hogares detentes y qua se puedan comprar para famlllas de bajo y muy bajo ingreso. Los rondos de HOME deben sar usados para Programas de Vivienda que re[3nan las necesidades locales y las prioridades. Las jurisdiCciones particlpantes (PJ) tienen la flexibilidad de designar el Programa HOME en su Iocalidad dentro de las reglas establecidas en la regla final 24 CFR § 92. Algunas posibles actividades incluye la rehabilitaci6n de propietario-due~o de la vivienda, ~sistencia de renta del inquilino y asistencia en el del;t6sito de page. El PJ tambi~n debe invertir (colocar al lade) per Io menes un 15% de su total asignado en prOjectos qua son propios, desarrollado.~ patrocinados per organizaciones del Desarrollo de la Vivienda Comunitada (CHDO"s), y qua reSultarfa en el desarrollo y la posesi6n de vivienda o unidad de renta. Aproximadamente un 100% de la asignaci6n beneficiara a personas de bajo y muy bajo ingreso. Mejoramiento en drenaje - Ciudad de Marco Island $250,000 Mejoramiento de parques de recreo - Ciudad de Naples $250,000 AdquisiciOn de tierras para el desarrollo de vlviendas qua se puedan comprar $350,000 Soporte para la infraestructura de casas qde~se puedan comprar-Habitat for Humanity $700,000 Desarrollo de Vivienda qua se puedan comp~ar para ciudadanos ancianos-lmmokalee $275,000 Organizacibn de la Comunidad para et Desarrollo db Vivienda (CHDO) colocar al lade $204,000 Asistencia de Rehabilitaci6n para la vivienda de una familia sencilla- alrededor del Condado $200,000 Servicio de recetas medicas en regiones rurales $130,000 Asistencia para gastos de cierre para vivlendas de familia sencilla $100,000 Asistencia para e arrendamiento basado en la renta $100,000 Adiestramiento y creaci6n de trabajos (Immokalee) $100,000 . Contrucci6n de centre de actividades para ciudadanos an?lanes $ 83,000 Soporte y adiestramiento de trabajo $ 60,000 Adiestramiento y Educaci6n (Immokalee) $ 54,000 Sistema de informaciOn para el manejo de personas sin vivienda $ 50,000 Organizaci6n de la comunidad para el desarro!lo de vivienda (CHDO) operative $ 37,000 Feria deVivienda- Educaci6n y Superaci6n $ 3,000 Programas de Planificaci6n y Administraci~n (CDBG) $480,000 Programa de Planificaci6n y Administraci6n (*HOME) ' $ 74~000 Total $3~527~000 Periodo para Comentarios P~blicos: Habrb un perfodo para comentarios del p[3blico desde el 7 de MarZo de 2003 haste el 7 de Abril de 2003 relacionado al Plan de Acci~n per un A~o. Durante este per[ode una copia preliminar del Plan estarb disponible para ser revisada en todas las bi. bliotecas pQblicas del Condado de Collier yen la Administraci6n Financiera y el Departamento de Vivienda, 3050 N. Horseshoe Drive, Suite 275, Naples, Florida 34104. El Condado de Collier responderb per escrito, dentro de 15 dias, a todos los comentarios recibidos per escrito. Todo los comentarios del p~blico ser~n ccnsiderados para preparar el final del Plan Consolidado-Un Plan de AcciOn per un A~o de FY 2003-2004. Acci~n Final 'La aprobaci6n del Plan Consolidado-Un Plan de Acci~n per un A~o (aRe fiscal 2002-2003) serb programada para el 22 de Abril del 2003 en una reunibn regular de la Junta de los Comisionados del Condado. Si usted necesita ayuda especial o servicios dirigidos per El Acto Americano para Personas con Discapacidad o alguien necesita que se traduzca o el uso de lenguaje de se~as, debe contactar a la oficina de FAH al n~mero 239-213-2937, con dos heres de anticipaci~n pare el die de la Audiencia Pt~blica. · Asociaci6n de Inversiones de Vivienda (*HOME): En este escrito,, *HOME los fondos estan "propuestos' para el Condado de Collier. Aprovacibn final en esta apropiaci~n todavia esta pendiente del HUD. No. 99707335 March 6~ 2003 8.0 USER GUIDE Basis of the Consolidated Plan and Annual Action Plan The United States Department of Housing and Urban Development (HUD) requires documentation to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG) program and the Home Investment Partnerships (HOME) program. The Annual Action Plan describes actions related to the announced entitlement funds for that year. In 2001, Collier County submitted the FY 2001-2005 Consolidated Plan, which serves as a five-year strategic guideline for the annual plans. The five-year Collier County FY 2001-2005 Consolidated Plan is available at all branches of the County's Library and at the Collier County Financial Administration and Housing Department, 3050 North Horseshoe Drive, Suite 275, Naples, Florida, 34104. Audiences Federal regulations and HUD guidelines define the required information and suggest formats. HUD and Collier County encourage the circulation of the documents to audiences throughout the county. It is believed that citizens and neighborhood groups as well as public, private and non-profit agencies can make use of the document and its information on Collier County needs, objectives and strategies. This document attempts to present information in a format that is easily readable by the public audience. Format Section Executive Summary for the Action Plan Citizen Participation Process Five-Year Strategic Plan One-Year Action Plan & Projects Beginning Page Number 1 10 29 Certifications 69 Appendices 78 Consolidated Plan One-Year Action Plan FY 2002-2003 Collier Cotm~. Florida 86 Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 17F HI-00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3. Grantee's 9-digit Tax ID Number 4. Date use of funds may begin Collier County 59-6000558 (mm/dd/yyyy) 07/01/2003 5a. Project/Grant No. 1 6a.Amount Approved B-03-UC-12-0016 $2,778,000.00 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 3301 E. Tamiami Trail Naples, FL 34112 5b. Project/Grant No. 2 6b. Amount Approved 5c. ProjecVGrant No. 3 6c. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title [ and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name . Title. ate(~/dd/,yy) Sig~ ~ ' Date (mm/dd/wyy) , ~/~ ~ ~~~ J 10. chock one -- ~ SpeCial Condition~ (ch4ck one) (mm/dd/yyyy) 05/0~003 ~ a. Orig. Funding 9b. Date Grante~ Notified ~ Approval (mm/dd/ww) I ~ . . ~ ~ b. Amenamem ~ ~ J Amendmen~ Number (mm/dd/wyy) 07/01/2003 J Ann D. Chavis Title Acting Direr, Comm~ity Planning and Development Division [] None [] Attached 7. Category of Title I Assistance for this Funding Action (check only one) [] a. Entitlement, Sec 106(b) [] b. State-Administered, Sec 106(d)(1) [] c. HUD-Administered Small Cities, Sec 106(d)(2)(B) [] d. Indian CDBG Programs, Sec 106(a)(1) [] e. Surplus Urban Renewal Funds, Sec 112(b) [] f. Special Purpose Grants, Sec 107 [] g. Loan Guarantee, Sec 108 12a. Amount of Loan Guarantee Commitment now being Approved 11. Amount of Community Development Block Grant FY (yyyy) a. Funds Reserved for this Grantee b. Funds now being Approved c. Reservation to be Cancelled (11a minus 11b) Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. FY (yyyy) 2003 $2,778,000. FY (yyyy) 12b. Name and complete Address of Public Agency 12c. Name of Authorized Official for Designated Public Agency Title Signature Date (mm/dd/yyyy) HUD Accounting use Only TAC ~[~~~ Y A ~ Area DocumentNo. ProjectNumber IIII Y ir°ii°t Nimbir __/- ir°iict Tbir Amount Amount Date~.,PAS (mm/dd/yyyy) /Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By ....... "" DWIGHT E. BROCK, CLERK 24 CFR 570 Oep~Ole~ Funding Approval and HOME Investment Partnerships Agreement Title II of the National Affordable Housing Act U.S. Department of Housing and Urban Development Office of Community Planning and Development OMB Approval No. 2506-0171 (Exp. 03/31/2005) Public reporting burden for this collection cf information is estimated to average I hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 1. ParticipantNameand Address Collier County 3301 E. Tamiami Trail Naples, FL 34112 2. ParticipantNumber M-03-UC-12-0217 3. Tax Identification Number 59-6000558 4. Appropriation Number 86-3/50205 5. FY (yyyy) 2003 6.a.Previ°USFormulaObligati°nFunds (Enter "0" for initial FY allocation) $ b. Community Housing Development erg. (CHDO) Competitive $ 7, Current Transaction (+ or-) a. Formula Funds 1. CHDO (For deobligations only) 2. Non- CHDO (For deobiigations only) b. CHDO Competitive Reallocation or Deobligation I $ 793,929 $ 10. Date of Obligation (Congreeeional Release Date) (mm/dd/y~/y) 0'//07/2003 8, Revised Obligation a. Formula Funds b. CHDO Competitive Reallocation 9. Special Conditions (check applicable box) []Not applicable DAttached This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Judsdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CF~.R Part 58p/ 11. For the U.S. Department of HUD (Name and Title of Authorized Official) 14. For the Participating Jurisdiction/Entity (Name and Title of Authorized / 15.j~ature /// Official) I V./_ Honorable Tom Henning,Board of County Cc~maission~J~ 17. Check one: ~lnitial Agreement [] Amendment # 13. Date 1 fi. Date _. ,.e ,,*.,.r.;.~, DWIGHT E. BROCK, C~K form HU~? Deputy Clerk RESOLUTION NO. 2003 -: i 5 6 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB- RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; 17F NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan £or Federal Fiscal Year 2003-2004 for the CDBG and HOME Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding Page I of 3 authority and take the necessary actions for implementation of the CDBG and HOME programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG and HOME~P,rograms. A copy of the Activities and total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity pf the remaining portions of this Resolution. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. .7F Page 2 of 3 17F This Resolution adopted this twenty-second day of :April 2003, after motion, second and majority vote favoring same. DVC}(~IT.'-F_/,i 'BRO~,?LERK ~ncy: P~rick G. ~e' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIE~UN~~LORIDA By: "~/~/"-'~ ~F %-~ · TOM HENNING, CHAIRM,4~ /d-22-o3 Slate of FLORIDA County of GOLLJER ...... correct copy O~ a dOCt!m~t Board Minuta~ and a~'~t DWIGHT E. BROCK, C~R~ ~~.,- Page 3 of 3 Standard Form 119gA (EG) (Rev. June 1987) Prescribed by Treasury Department Treasury DepL Cir. 1076 :: ./ A stant County A orne¥ '%-.D REC ,'DEPOSIT SIGN-UP FORM DIRECTIONS To ~gn up for Direr ~po~t, t~ payee is to read the ba~' of this form a~ fill in the info~ation req~ in Se~ions 1 and 2. Then ~ke or mail this ~ to t~ fina~al in~t~ion. ~e fina~ial instit~ion will ver~ the information in S~ions 1 and 2, and will complete Se~n 3. ~ ~mpl~ed form will be r~u~d to t~ Go~rnment age~y ide~ ~w. · A separate form must be completed for each type of payment to be sent by Direct Deposit. ONIB No. 15100007 · The claim number and type of payment are printed on Government checks. (See the s~:~e~pleonChbe~enke~on~. _t~_' information is also ba~..k o.f this form.) This ~','~-~,-'ryrannu~tant award letters and other documents from the Government agency. · Payees must keep the Government agency informed of any address changes in order to receive important information about benefile and to remain qualified for payments. Collier SECTION 1 (TO BE COMPLETED BY PA YEE) ~FDEPOSITORACOOUNT~ CHECKING ~ SAVINGS ADDRESS (street, route, P.O. Bo"--"~""--'--'--'-~, ~ 3301 ~.. ?aacLa~L:L '1'::a~1 CITY STATE ZIP COD-'~"~"~ N&~lea ~,r. 34112 ,,, TELEPHONE NUMBER AREA CODE (239) 659-5'750 NAME OF PERSON(S) ENTITLED TO PAYMENT Collie~- Com3~ CLAIM ~ Prefix 59-6000558 Suffix PAYEE/JOINT PAYEE CERTIFICATION ~OR ACCOUNT NUMBE'~'~---'~ [] Social Security [] Fed. Salaw/Mil. Civilian Pay [] Supplemental Security Income [] Railroad Retirement [] Civil Service Reliremenl (OPM) [] VA Compensation or Pension ~FOR ALLOTMENT [] Mil. Active [] Mil. Retire. [] Mil. Sun~ivor [] Olher JOINT ACCOUNT HOLDERS' CERTIFICATION (optional) certify that I a~ entitled to th~ payment identified above, and that I have read and un~l~rstood the~bjIck of this form. In signing this form, I authoriz~yment to~l~l~,l~ent to the fin~lncial institutio to be deposi cl_ to the d~s' ated -,~ n named below ~,~ n~meo DelOW SIGNATURE ~ I certify that I have read and understood the back of this form, including the SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS. ~-~ ....... ?E..C_TION 2 (TO BE COMPLETED BY P~A~N_.O._!A.L_ INSTITUTION) GOVERNMENT AGENCY NAME GOVE~ 909 B~ ~':Lz',.Ir. Avemze U.S. DeparP~aen~ o£ Houa~ng and U~ban Developmen~ 8U4te 500 t~.aat:[, FL 33131 ~TION 3 (TO BE COMPLETED BY FINANCIAL INSTITUTION NAME AND ~.I_V.~_'~L INSTITUTION) ~,,t_Nat_~lonal Bank o£-~aples I~-~-ll~U~~r..~ ,..__.__ ~ Naples, FL 34102 ~~ ~ ~ oOm~ ~he ~de~y of ~ above-~amed Dayee(s) snd ~be a~ount num~ add fitie. As ~eD~nts~ive of~ above-~med ~aoc~a; }ost~ufio~,; THE FINANCIAL Financial insli/utions should refer to the GREEN BOOK I'or further instructions. INSTITUTION SHOULD MAIL THE COMPLETED FORM TO THE GOVERNMENT AGENCY IDENTIFIED ABOVE. NSN 7540-01.058.Ca24 GOVERNMENT AGENCY COPY 1199-207 Designed using Perform Pro. WHS/DIOR. Mar 97 I?F RESOLUTION NO. 2003 -! i ~ 6 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA.. APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY .DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB- RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR. AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND. URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding'for the Department's Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year' Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Hous!ng and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG and HOME Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding Page I of 3 17F authority and take the necessary actions for implementation of the CDBG and HOME programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG and HOME, P,rograms. A copy of the Activities and total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreen~nt for all CDB(3 projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dolla~ amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agree,ments will come before the BOARD separately for approval. SEVERABIL1TY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity ~of the remaining pox~ions of this Resolution. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. Page 2 of 3 17F This Resolution adopted this twenty-second day of :April 2003, after motion, second and majority vote favoring same. -4 '~' ""I'*'''':~:;~''~;':''igt'! Approvel' .~ast~o~rm ai~c~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLL~UN~IDA TOM HENNING, CHAIRM~ state of FLORIDA " County of GOLLIER ....... .., , ! HEREBY CERTIFY THAT. tf~isla'at Board Minutes and'R~ WITNESS my hatad a~[~f~.i Page 3 of 3 3274507 OR: 3416 PG: 2986 CLERK TO THE BOARD RECORDED in the OFFICIAL HCORD$ of COLLIER COUNTY, PL I}I?ERO~HC] iTH FLOOR 10/08/2003 at 10:58AM DWIGHT ~, BROCK, CLERK AG~EMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUMAN SERVICES DEPARTMENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this ~/.~t- day of ,Z)g~:/-- 200.ff by and between Collier County, a political subdivision of the State of Florida, hereinalter referred to as "COUNTY," and the Collier County Human Services Department, having its principal address at 3301 Tamiami Trail East, Naples, FL 34112, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Collier County Human Services Department Page 1 of 20 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Collier County Human Services Department. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective timely release the latest date completed in completed by date of this Agreement and all rights and duties designated hereunder are contingent upon the of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and light of the purposes of this Agreement. In any event, all services required hereunder shall be the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of Collier County Human Services Department Page 2 of 20 this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $130,000.00 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, Collier County Human Services Department Page 3 of 20 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Collier County Human Services Department Page 4 of 20 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 Granted 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. 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. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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 FAH 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." Collier County Human Services Department Page 5 of 20 OR: 3416 PG: 2991 17F This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. D. AMENDMENTS Eo Fo The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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 Collier County Human Services Department Page 6 of 20 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. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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. H. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -102 (Grants and Cooperative Collier County Human Services Department Page 7 of 20 Co Do Agreements with State and Local Governments) 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. DOCUMENTATION AND RECORD-KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 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 FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBREC1PIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o 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. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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-102, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. Collier County Human Services Department Page 8 of 20 OR: 3416 PG: 2994 17F F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (0 All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub- contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. Collier County Human Services Department Page 9 of 20 IX. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carded 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 SUBRECIPIENT 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 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. 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. Collier County Human Services Department Page 10 of 20 OR: 3416 PG: 2996 17F D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will can'y out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. 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 FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work 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 F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drag- 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. Collier County Human Services Department Page 11 of 20 H. 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. 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. o 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 SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. Collier County Human Services Department Page 12 of 20 B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood 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 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 Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). Collier County Human Services Department Page 13 of 20 OR: 3416 PG: XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty (20) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this,~jzday of ,20 c>$ COLLIER COUNTY HUMAN SERVICES DEPARTMENT IC Approved as to form and legal sufficiency: Patri~k"~'~ White Assistant County Attorney ~IN BY' ISTRATOR, [ ~/OMMUNITY DEVELOPMENT & k/ENVIRONMENTAL SERVICES Collier County Human Services Department Page 14 of 20 EX[IIBIT "A' SCOPE OF SERVICES OR: 3416 PG: 3000 17F Bo THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project is the expansion of an existing prescription medication program by the Collier County Human Services Department. Currently, Collier County Government provides assistance to eligible indigent residents as required by Florida Statute. The service provides emergency/short-term pharmacy assistance to persons at or below poverty level with no method for payment. The CDBG funds will provide prescription service to approximately 325 additional low- moderate income individuals. The county-wide service will depend on referrals of eligible beneficiaries from a network of doctors, social service agencies, clinics, etc. Beneficiaries will be income-qualified using HUD income guidelines. No client may receive the same prescription more than three (3) times. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Co BUDGET: Line Item: CDBG Funds Other Prescription Medication Services $130,000 $130,000 Total $260,000 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. Collier County Human Services Department Page 15 of 20 DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants to State and Local Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Notification of Availability of Service September, 2003 Screening Applicants for Eligibility September, 2003 50% of Funding Expended January 15, 2004 100% of Funding Expended June 15, 2004 Please note that if any of these activities exceed the timeline by two months, a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Collier County Human Services Department Page 16 of 20 OR: 3416 PG: 3002 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SubrecipientName: SubrecipientAddress: Project Name: 17F Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded Payment Request # SECTION I1: STATUS OF FUNDS 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 Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ $ $ 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator __ Supervisor Dept Director Signature Date Title Collier County Human Services Department Page 17 of 20 EXHIBIT "C" OR: 3416 PG: 3003 17F CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10tn of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: Activity Number Fax: 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? 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. Collier County Human Services Department Page 18 of 20 OR: 3416 PG: 3004 17F 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low lncome Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Collier County Human Services Department Page 19 of 20 *** OR: 3416 PG: 3005 *** Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. 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 Ethnicit¥ 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: Collier County Human Services Department Page 20 of 20 3274508 OR: 3416 PG: 3006 CLERK TO THE BOARD RECORDED in the OFPICIAL RECORDS of COLLIER COUNTY, FL INT~R0~FIC~ 4TH FLOOR 10/08/2003 at 10:58AM DWIGHT E. BROCK, CLERK BXT 72~0 AGREEMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03 -UC- 12-0016 THIS AGREEMENT, is entered into this /~ .-,A/.q day or ~.~ _~d--~,~ ~;e~r~ 20/_~ by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Empowerment Alliance of Southwest Florida Community Development Corporation, a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 640 North Ninth Street Immokalee, FL 34142, and its Federal Tax Identification number as 59-3682139, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Empowerment Alliance of Southwest Florida Community Development Corporation Page 1 of 21 OR: 3416 PG: WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means the Empowerment Alliance of Southwest Florida Community Development Corporation. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. Bo03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Empowerment Alliance of Southwest Florida Community Development Corporation Page 2 of 21 OR: 3416 PG: 3008 The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $50,000.00 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. Bo COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Empowerment Alliance of Southwest Florida Community Development Corporation Page 3 of 21 OR: 3416 PG: 17F 3009 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. o 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 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. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Empowerment Alliance of Southwest Florida Community Development Corporation Page 4 of 21 Co 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. OR: 3416 PG: 3010 Revised Order Number 4 Regulations that establish 1 s for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 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. 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. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - OMB Circular A-Il0 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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 FAH 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." Empowerment Alliance of Southwest Florida Community Development Corporation Page 5 of 21 17F " 3416 PG', 3011 Do This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, aris. in.g during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. Go TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. Empowerment Alliance of Southwest Florida Community Development Corporation Page 6 of 21 OR: 3416 PG: 3012 17F TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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 The SUBREC1PIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. Empowerment Alliance of Southwest Florida Community Development Corporation Page 7 of 21 OR: 3416 PG: 3013 ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 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 RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 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 Empowerment Alliance of Southwest Florida Community Development Corporation Page 8 of 21 Co any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o 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. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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. 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. Fo PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and Empowerment Alliance of Southwest Florida Community Development Corporation Page 9 of 21 (f) '3 OR: 34i6 O]f. All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAIt Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-! 10 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are Empowerment Alliance of Southwest Florida Community Development Corporation Page 10 of 21 OR: 3416 PG: 3016 completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts ~th~Cgt~.?:~,l~ and determining the custodianship of records, j, ~r [, i,~:? ~ IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carded 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 SUBRECIPIENT 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 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. 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions Empowerment Alliance of Southwest Florida Community Development Corporation Page 11 of 21 OR: 3416 PG: 3017 of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. 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 FAH 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. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3)(a). Go DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. 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. Empowerment Alliance of Southwest Florida Community Development Corporation Page 12 of 21 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. 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 SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECI?IENT 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. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood 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 Regulations Empowerment Alliance of Southwest Florida Community Development Corporation Page 13 of 21 :3"416 PG: 3019 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. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. XlII. 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. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) 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. Empowerment Alliance of Southwest Florida Community Development Corporation Page 14 of 21 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this/~o../~ day of ~_,~ (SUBREC1PIENT SEAL) EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT Approved as to form and legal sufficiency: -~q Patrick.. White Assistant County Attorney COLLIER COUNTY, FLORIDA / JO/SEPH K. SCHMITT, ADMINISTRATOR, I C~MMUNITY DEVELOPMENT & k.~WIRONMENTAL SERVICES Empowerment Alliance of Southwest Florida Community Development Corporation Page 15 of 21 ?F 0R 3416 PG: 3021 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROGRAM DESCRIPTION: This project involves funding to coordinate and manage a youth employment program in Immokalee. The program will serve 20-25 teenagers between the ages of 14 and 19. The youth will work in non- profit and government agencies. They will also attend weekly training sessions on employability and life skills covering items such as interviewing, customer service, handling a paycheck and opening a bank account. The administrator of the program shall be facilitated by a sub-contractor or the hiring of a part-time Coordinator. The program administrator will establish the policies and procedures for the operation/responsibilities of student participants and employers. PROJECT SCOPE: Applicant Selection: 1. Students must be between the ages of 14 and 19. 2. The anticipated annual households income of the student shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). Wages: 1. Students shall be compensated at a rate equal to or above the minimum wage. 2. The SUBRECIPIENT shall be responsible for the compensation process and State and Federal payroll and tax return compliance. Employer Responsibilities: 1. Non-profit organization and government agency employers shall assign a supervisor to each student participant. 2. The employer shall submit attendance reports. 3. The employer shall allow student participants to attend SUBRECIPIENT workshops/training sessions. 4. The employer shall comply with State and Federal Child Labor Laws, if applicable. Program Administrator/Coordinator: 1. Coordinator shall process applications, determine eligibility, and assign student participants to employers. 2. Coordinator shall process timesheets for reimbursement. 3. Coordinator shall develop workshops/training sessions. 4. Coordinator shall submit a monthly report by the 10th day of the month following the reporting month. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Empowerment Alliance of Southwest Florida Community Development Corporation Page 16 of 21 BUDGET: Line Item: CDBG Funds Wages Accounting Expenses Educational Excursion Program Administration $40,000 $ 2,000 $ 2,000 $ 6,000 Total $50,000 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. FORMER PROJECTS: 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. E. WORK SCHEDULE: The timeframe for completion of the outlined activities is September 30, 2004. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the forma of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. The reports shall be submitted by the 10th day of the month following the reported month. Empowerment Alliance of Southwest Florida Community Development Corporation Page 17 of 21 OR: 3416 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded Payment Request # SECTION I1: STATUS OF FUNDS 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 Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. PG: 3023 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Title 1 ?F" Empowerment Alliance of Southwest Florida Community Development Corporation Page 18 of 21 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the IOta of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax: 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? 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. Empowerment Alliance of Southwest Florida Community Development Corporation Page 19 of 21 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) 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 "l." 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%) (3 !-50%) Empowerment Alliance of Southwest Florida Community Development Corporation Page 20 of 21 OR: 3416 PG'. 3026 *** Subrecipients must indicate total beneficiaries for Race AND Ethnici~, Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. 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: Empowerment Alliance of Southwest Florida Community Development Corporation Page 21 of 21 3274509 OR: 3416 PG: 3027 CLERK ?O ?HE BOARD RECORDED in the O~HCIAL RECORDS of COALIER COUN?¥, ~L IN?lltO~,ICl 4THFLOOR I0/08/~003 at lO:58AM DWIGHT E, BROCK, CLERK 1 F~ ~T 7~0 AG~EMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this /o~¢h day of .~e-~-~Jg~r~ 20a~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Empowerment Alliance of Southwest Florida Community Development Corporation, a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 640 North Ninth Street Immokalee, FL 34142, and its Federal Tax Identification number as 59-3682139, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Empowerment Alliance of Southwest Florida Community Development Corporation Page 1 of 21 OR: 3416 PG: 3028 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means the Empowerment Alliance of Southwest Florida Community Development Corporation. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. 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 Empowerment Alliance of Southwest Florida Community Development Corporation Page 2 of 21 17F 3416 ?G: 3029 below. IV. CONSDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $54,000.00 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAIl Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Empowerment Alliance of Southwest Florida Community Development Corporation Page 3 of 21 17F q OR: 3416 PG: 3030 o o 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Empowerment Alliance of Southwest Florida Community Development Corporation Page 4 of 21 1 7F 3 116 ?G: 3o31 Co 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 coveting standard Granted 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. 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. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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 FAH 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 Empowerment Alliance of Southwest Florida Community Development Corporation Page 5 of 21 minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontract:ed by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arisin.g during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. Go TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. Empowerment Alliance of Southwest Florida Community Development Corporation Page 6 of 21 Ho 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. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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 The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. Empowerment Alliance of Southwest Florida Community Development Corporation Page 7 of 21 3416 ?G: 3034 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 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 RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 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 Empowerment Alliance of Southwest Florida Community Development Corporation Page 8 of 21 any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH it' requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 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). SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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. 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and Empowerment Alliance of Southwest Florida Community Development Corporation Page 9 of 21 All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAH 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are Empowerment Alliance of Southwest Florida Community Development Corporation Page 10 of 21 OR: 3416 PG: 3037 completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be 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 SUBRECIPIENT 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 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. Do 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions Empowerment Alliance of Southwest Florida Community Development Corporation Page 11 of 21 17F' ?G: 3038 of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Eo 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 FAH 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. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3)(a). Go DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. 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. Empowerment Alliance of Southwest Florida Community Development Corporation Page 12 of 21 OR: 3416 PG: 3039 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. 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 SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood 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 Regulations Empowerment Alliance of Southwest Florida Community Development Corporation Page 13 of 21 3416 PG: 3040 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. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. XIII. 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. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) 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. XV. ENTIRE UNDERSTANDING Empowerment Alliance of Southwest Florida Community Development Corporation Page 14 of 21 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. WITNESS our Hands and Seals on this l~-k~ day of ,5~/o-/-~t>~fo~t~ ,2003. (SUBRECIPIENT SEAL) EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DE~PMENT CORPORATION ,~&maroved as to form and le ~suf 'enc~.~ t Patrick G. White' Assistant County Attorney COLLIER COUNTY, FLORIDA )OSEPH I~. SCHMITT, fff)MINISTRATOR, / / ~COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Empowerment Alliance of Southwest Florida Community Development Corporation Page 15 of 21 OR: 3416 PG: 3042 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any .sub-consultants, which shall be funded as reimbursable under the consultant's contract for serwces. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: This project involves funding to expand the scope of services offered at the intergenerational "Family Nights" and to make them available to elementary schools serving Immokalee, doubling the number of families served. The expanded activities will include the dissemination and explanation of various resources available within the community, and outreach workers who will do referral and follow-up with families using those services: health education and screening; vocational opportunities; available housing in the community; credit counseling; and mortgage counseling. There are eight (7) schools in the program in Immokalee and "Family Nights" are scheduled at each school, for a total of 96 family nights. Each "Family Night" will last from 5 to 9 p.m. and will include dinner (an important component for working families to encourage their participation). The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Staffing: Teachers $11,520 Aides (4) $15,790 Coordinator/Outreach Workers $11,800 Printing & Educational Materials/Resources $12,390 $ 3,070 Food/Incentives $48,000 Building/Utilities/Custodial $19,200 Fiscal Agent $ 2,500 $ 2,500 Transportation $13,000 Subtotal $54,000 $85,770 Total $139,770 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. Empowerment Alliance of Southwest Florida Community Development Corporation Page 16 of 21 Fo Go Jo Ko STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. Teachers will be paid $20 per hour for 96 Family Nights (approximately 4 hours each) Aides will be paid $10 per hour for 96 Family Nights (approximately 4 hours each) Coordinator/Outreach Worker will be a contract position (s) capped at $11,800. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Planning Completed September, 2003 Coordination of Sites Completed October, 2003 Implementation October, 2003 - May, 2004 50% of funding expended February 15, 2004 100% of funding expended June 15, 2004 Please note that if any of these activities exceed the titneline by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the fi~rm of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Empowerment Alliance of Southwest Florida Community Development Corporation Page 17 of 21 3416 PG: 3044 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded Payment Request # SECTION I1: STATUS OF FUNDS 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 Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ $ 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator __ Supervisor Dept Director Signature Date Title Empowerment Alliance of Southwest Florida Community Development Corporation Page 18 of 21 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the IOta of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax: 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? 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. Empowerment Alliance of Southwest Florida Community Development Corporation Page 19 of 21 New contracts executed this month (if applicable): 3416 ?G: 3046 Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted,, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low lncome Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Empowerment Alliance of Southwest Florida Community Development Corporation Page 20 of 21 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. 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: Empowerment Alliance of Southwest Florida Community Development Corporation Page 21 of 21 3274510 OR: 3416 PG: 3048 CLERK TO THE BOARD R~CORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL INTEROPPICN 47H FLOOR 10/08/2003 at 10:58AM DWIGHT N. BROCK, CL~RK EXT 7;'40 ACREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC- 12-0016 THIS AGREEMENT, is entered into this /;:¢'7t- day of/~__~Tt'~,b~-~ 20~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Collier County Hunger and Homeless Coalition, Inc., a private not-for-profit corporation existing under the laws of the State of Florida, having its principal address as 2001 Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 04-3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Collier County Hunger and Homeless Coalition, Inc. Page 1 of 21 :3B!6 PG: 3049 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition, Inc. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks ne.cessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Collier County Hunger and Homeless Coalition, Inc. Page 2 of 21 17F J416 PG: 3050 IV. CONSDERATION AND IJMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $50,000.00 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. Bo COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Collier County Hunger and Homeless Coalition, Inc. Page 3 of 21 o 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 10. 11. 12. 13. 14. 15. 16. 17. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Collier County Hunger and Homeless Coalition, Inc. Page 4 of 21 R:'3416 PG: 3052 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 Granted 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. 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. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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 heretmder, such subcontracts must be submitted by the SUBRECIPIENT to FAH 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." Collier County Hunger and Homeless Coalition, Inc. Page 5 of 21 Do Eo This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBREC~IENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBREC1PIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. Collier County Hunger and Homeless Coalition, Inc. Page 6 of 21 17F 0R: 3416 PG: 3054 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. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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 The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBREC1PIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". Collier County Hunger and Homeless Coalition, Inc. Page 7 of 21 3416 PG: 3055 The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF iNSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBREC1PIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. iNDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 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 RECORD - KEEPING The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 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 FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records tbr three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and Collier County Hunger and Homeless Coalition, Inc. Page 8 of 21 HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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. Do 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. Collier County Hunger and Homeless Coalition, Inc. Page 9 of 21 7F 0Ri 3 16 ?g,: 3052 Go AUDITS AND INSPECTIONS At any time during normal business hours and as often as rAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to rAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Organizations), and other applicable regulations within one hundred and eighty ~l°n-Prd~yfi~80) after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to rAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. Ho 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 rAH. 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 rAH, and said plan shall require the prior written approval of the rAH 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), Collier County Hunger and Homeless Coalition, Inc. Page 10 of 21 and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be 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 SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Bo OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to Collier County Hunger and Homeless Coalition, Inc. Page 11 of 21 17; evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Go Ho 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 FAH 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. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. 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. 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. Collier County Hunger and Homeless Coalition, Inc. Page 12 of 21 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 SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants 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 Collier County Hunger and Homeless Coalition, Inc. Page 13 of 21 seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Collier County Hunger and Homeless Coalition, Inc. Page 14 of 21 OR'. 3416 PG'. 3062 WITNESS our Hands and Seals on this li~ day of O~:/'eS,0~t/ (SUBRECIPIENT SEAL) BY: COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Approved as to form and ~1 sufficirq~qy: -~ Patrick G. White Assistant County Attorney COLLIER COUNTY, B/Y: ~ Uie/LPH K. 5CHMITT, ADMINISTRATOR, / C~MMUNITY DEVELOPMENT & VIRONMENTAL SERVICES Collier County Hunger and Homeless Coalition, Inc. Page 15 of 21 3416 PG: 3063 EXHIBIT "A" SCOPE OF SERVICES Bo THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this project is to provide initial funding toward the purchase of a Homeless Management Information System (HMIS) to benefit the homeless and at-risk of homelessness population in Collier County; to provide participating agencies improved data collection methods; and to fulfill the HUD requirement to implement an HMIS system by 2004 in order to continue to be eligible to receive HUD Continuum of Care funding. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Eo BUDGET: Line Item: CDBG Funds Other Purchase of software, hardware, training and fees for the HMIS system $50,000 $90,035-$126,665 (depending on software) Total $140,035 - $176,665 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. Collier County Hunger and Homeless Coalition, Inc. Page 16 of 21 Fo Ho OR: 3416 PG: 3064 DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Selection of service provider and systems administrator October, 2003 Contract with service provider Operating procedures and protocols established CDBG funds expected to be expended Training concluded Full HMIS implementation concluded November, 2003 March, 2004 April, 2004 July, 2004 October, 2004 Ko REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form ora narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Collier County Hunger and Homeless Coalition, Inc. Page 17 of 21 3416 PG: 3065 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ $ $ 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Title Collier County Hunger and Homeless Coalition, Inc. Page 18 of 21 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to F/IH staff by the 10tn of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 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. Collier County Hunger and Homeless Coalition, Inc. Page 19 of 21 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "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 (o-3o%) (31-5o% ) Collier County Hunger and Homeless Coalition, Inc. Page 20 of 21 OR: 3416 PG: 3068 *** Subrecipients must indicate total beneficiaries for Race AND Ethnicity, Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or conmmnity 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: 1. 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: Collier County Hunger and Homeless Coalition, Inc. Page 21 of 21 ~tn: 3274511 OR: 3416 PG: 3069 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, PL IN?I~ROPFICE %TH FLOOR 10/08/2003 at 10:58AM DWIGHT E, BROCK, CLERK ~XT 72~0 AGREEMENT BETWEEN COLLIER COUNTY ,°°.,&7F AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Catalog of Federal Domestic Assistance 4/14.218 HUD Grant # B-03 -UC- 12-0016 THIS AGREEMENT, is entered into thisoT-~-P~ day of /~/z~-- , 20,a~:~,~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and Habitat for Humanity of Collier County, Inc., a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 11550 E. Tamiami Trail, Naples, Florida 34113, and its Federal Tax Identification number as 59-1834379, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Habitat for Humnnity of Collier County, Inc. Page 1 of 22 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Habitat for Humanity of Collier County, Inc. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Habitat for Humanity of Collier County, Inc. Page 2 of 22 OR: 3416 PG: 3071 17F IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $700,000.00 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBREC1PIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Habitat for Humanity of Collier County, Inc. Page 3 of 22 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 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. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. 18. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Habitat for Humanity of Collier County, Inc. Page 4 of 22 OR: 3416 PG: 3073 17F Co 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. 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. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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 SUBREC1PIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH 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 and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation 30. Habitat for Humanity of Collier County, Inc. Page 5 of 22 detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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 Habitat for Humanity of Collier County, Inc. Page 6 of 22 stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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 The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE Habitat for Humanity of Collier County, Inc. Page 7 of 22 The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 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 RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 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 FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 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. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". Habitat for Humanity of Collier County, Inc. Page 8 of 22 The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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-Il0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Habitat for Humanity of Collier County, Inc. Page 9 of 22 Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBREC1PIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. Ho 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAH 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Habitat for Humanity of Collier County, Inc. Page 10 of 22 IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be 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 SUBRECIPIENT 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 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. 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Habitat for Humanity of Collier County, Inc. Page 11 of 22 OR: 3416 PG: 3080 17F E. 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 FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work 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 F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 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. 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. Habitat for Humanity of Collier County, Inc. Page 12 of 22 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 SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants 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 Habitat for Humanity of Collier County, Inc. Page 13 of 22 seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. 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. REVERSION OF ASSETS XIII. Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. Habitat for Humanity of Collier County, Inc. Page 14 of 22 XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-two (22) 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. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this o~Z:~j05 day of .,L~//~r~;/'- ,200~ (SUBRECIPIENT SEAL) HABITAT FOR HUMANITY OF SAMUEb~'. DURSO, M.D., PRESIDENT ,~~~ p~roved as to form and ncy~ Patrick G. White Assistant County Attorney COLLIER COUNTY, F,,JtORIDA /JO~i'EPH K. SCHMITT, ADMINISTRATOR, / CpMMUNITY DEVELOPMENT & [~,ENVIRONMENTAL SERVICES Habitat for Humanity of Collier County, Inc. Page 15 of 22 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project subject to funding availability shall include the infrastructure construction to support seventy (70) homesites in Charlee Estates, Naples, FL for affordable housing homeownership. Infrastructure will include clearing of land, road construction and paving, sewer facilities, water facilities (including fire protection), driveway aprons, and flood and drainage. Habitat for Humanity, Inc. will then construct 70 homes with the first 36 to be completed by September, 2004 and the remaining 34 to be completed by September, 2005. All homes will be purchased and occupied by low and very-low income households. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs l¥om bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Habitat for Humanity of Collier County, Inc. Page 16 of 22 OR' 3416 PG: 3085 17F BUDGET: Line Item: CDBG Funds Other Clearing of Land Infrastructure Drainage & Landscaping Sewer Potable Water Roads Roadway Fill Paving Driveway Aprons Engineering Underground Electric Site Development Building Costs (120 Houses) Land Acquisition Subtotal $ 50,000.00 $ 100,000.00 $ 80,000.00 $ 80,000.00 $ 85,000.00 $ 200,000.00 $ 15,000.00 $ 40,000.00 $ 50,000.00 $700,000.00 $2,319,429.00 $4,027,000.00 $ 725,000.00 $7,071,429.00 Total $7,771,429.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. Do STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. Habitat for Humanity of Collier County, Inc. Page 17 of 22 Ko OR: 3416 PG: 3086 17F CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIP1ENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Bid Documents Completed Advertise & Accept Bids Award Contract Start Construction 50% of Funding Expended Complete Construction (infrastructure) 100% of Funding Expended August 15, 2003 September 1,2003 October 1, 2003 November 1, 2003 January 15, 2004 June 15, 2004 June 15, 2004 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Habitat for Humanity of Collier County, Inc. Page 18 of 22 OR: 3416 PG: 3087 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS 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 Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. 17[ 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator __ Supervisor Dept Director Signature Date Title Habitat for Humanity of Collier County, Inc. Page 19 of 22 OR: 3416 PG: 3088 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10th o f the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax: 17F 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? 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. Habitat for Humanity of Collier County, Inc. Page 20 of 22 OR: 3416 PG: 3089 5. New contracts executed this month (if applicable): 17F Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) 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 tbr NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX ! BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Ix)w Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Habitat for Humanity of Collier County, Inc. Page 21 of 22 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. 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 Ethnicit¥ Beneficiaries 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: Habitat for Humanity of Collier County, Inc. Page 22 of 22 Retn: CLERK TO THE BOARD INTEROPFICE 4TH FLOOR EX? ?240 3274512 OR: 3416 PG: 3091 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, PL 10/08/2003 at 10:58AM DWIGHT E. BROCK, CLERK AGREEMENT BETWEEN COLLIER COUNTY AND HARVEST FOR HUMANITY, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC- 12-0016 THIS AGREEMENT, is entered into this ],~.~-,~ day of -~,z~-,/~tw6,~' 20~O-~ by RB¢ HE 9E.00 17F and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and Harvest for Humanity, Inc., a private not-for-profit corporation existing under the laws of the State of Illinois authorized to transact business in the State of Florida, having its principal office at 1312 W. New Markct Road, Immokalee, FL 34142, and its Federal Tax Identification number as 36-4234882, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 prowde 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Harvest for Humanity, Inc. Page 1 of 21 OR: 3416 PG: 3092 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPEINT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Harvest for Humanity, Inc. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBREC1PIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. 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 Harvest for Humanity, Inc. Page 2 of 21 below. OR: 3416 PG: 3093 IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $100,000.00 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIP1ENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended -The regulations governing the expenditure of Community Development Block Grant funds. Harvest for Humanity, [nc. Page 3 of 21 o 10. 11. 12. 13. 14. 15. 16. 17. 18. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Harvest for Humanity, Inc. Page 4 of 21 OR: 3416 PG: 3095 19. Executive Order 11914 - Prohibits discri~nination 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 Granted 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. 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-Il0 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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 FAH 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 and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation Harvest for Humanity, Inc. Page 5 of 21 Do detailing categories of persons performing work plus hourly rates including benefits, number drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBREC1PIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBREC1PIENT. 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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 fl~lfill 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 Harvest lbr Humanity, Inc. Page 6 of 21 OR: 3416 PG: 3097 Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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 The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBREC1PIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE Harvest for Humanity, Inc. Page 7 of 21 OR: 3416 PG: 3098 The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance' evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBREC1PIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 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 RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBREC1PIENT 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 FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 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. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". Harvest for Humanity, Inc. Page 8 of 21 Co OR: 3416 PG: 3099 The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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. 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBREC1PIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as Harvest for Humanity, Inc. Page 9 of 21 OR: 3416 PG: 3100 amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPiENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAH 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded t¥om the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Harvest for Humanity, Inc. Page 10 of 21 OR: 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 SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory ewxluation 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 SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. 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 FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to Harvest for Humanity, Inc. Page 11 of 21 OR: 3416 PG: 3102 17F 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. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. 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. 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. 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 SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. Harvest for Humanity, Inc. Page 12 of 21 ENVIRONMENTAL CONDITIONS A. AIR AND WATER OR: 3416 PG: 3103 The SUBREC1PIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants 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. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Harvest for Humanity, Inc. Page 13 of 21 XII. XIII. OR: 3416 PG: 3104 REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) 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. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Harvest tbr Humanity, Inc. Page 14 of 21 OR: 3416 PG: 3105 WITNESS our Hands and Seals on this/~,,t~ day of ,20d>B 1 7F (SUBRECIPIENT SEAL) HARVEST FOR HUMANITY, INC. BY:ff4~H~I~ J. NO~A~,'~~ lroved as to form and suff, icke~cy: / Patrick G. White Assistant County Attorney BY: COLLIER COUNTY, FL/~ID ~A (OS~PH K. SCI-I'lv~I~T, ADMI~4ISTRATOR, [O/MMUNITY DEVELOPMENT F~VIRONMENTAL SERVICES Harvest for Humanity, Inc. Page 15 of 21 EXHIBIT "A" SCOPE OF SERVICES OR: 3416 PG: 3106 THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this funding is to provide personnel salaries to employ low-income individuals to launch start-up of the Blueberry Store and Catering Company, located at the Activity Center in Jubilation, corner of Lake Trafford Road and Carson Road in Immokalee, FL. The positions include a Store Manager at $35,000 per year, Kitchen Manager at $25,000 per year, and four (4) part-time assistants at $8.50 per hour with an anticipated annual income of $10,000 each per year. The Harvest Blueberry Store & Catering Company is projected to provide 50 catered events per year serving 200 people each or 10,000 people per year in the Immokalee area. This activity with comply with EEOC hiring practices and all applicable labor laws. Copies of the advertisements for job openings, payroll and time-keeping documents and job descriptions are expected to be developed early in the process and provided for the FAH files. Beneficiaries will be income-qualified using HUD income guidelines. Reimbursement will be made with copies of payroll checks showing all deductions. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Salaries: Store Manager $35,000 Kitchen Manager $25,000 Part-time Assistant $10,000 Part-time Assistant $10,000 Part-time Assistant $10,000 Part-time Assistant $10,000 Construction of Activity Center $750,000 Store Fixtures $ 35,000 Kitchen Equipment $ 95,000 Inventory $ 17,500 Promotional Materials $ 2,500 Subtotal $100,000 $900,000 Total $1,000,000 Harvest for Humanity, Inc. Page 16 of 21 OR: 3416 PG: 3107 1 7F· Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIP1ENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Hire personnel, train, inventory goods and supplies, October 2003-September 2004 open Blueberry Store facilities and Kitchen facilities, and conduct start-up period for one year. 50% of funding expended January 15, 2004 100% of funding expended June 15, 2004 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Harvest fbr Humanity, Inc. Page 17 of 21 OR: 3416 PG: 3108 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $. REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: 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 Amount of Previous Unpaid Requests Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. 17F 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 Sub-recipient. 1 also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director Harvest for Humanity, Inc. Page 18 of 21 OR: 3416 PG: 3109 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT 1 7F ~'~i~l Complete form for past month and submit to FAH staff by the lOta of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: Activity Number Fax: 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? 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 t'or this project. Harvest for Humanity, Inc. Page 19 of 21 5. New contracts executed this month (if applicable): OR' 3416 PG: 3110 17F Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) 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 (either "households" or and it~ box "1." households or persons. Please circle one category "persons"). Enter the number of beneficiaries in the blank space 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 I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Harvest for Humanity, Inc. Page 20 of 21 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. 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 Ethnicit¥ Beneficiaries 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: Harvest for Humanity, Inc. Page 21 of 21 3274513 OR: 3416 PG: 3112 INTEROFPICB 4TH FLOOR 10/08/2003 at 10:58AM DWIGHT g. BROCK, CLERK ~XT 7240 AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE MULTICULTURAL MULTIPURPOSE COMMUNITY ACTION AGENCY, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-I2-0016 THIS AGREEMENT, is entered into this ~/~/- day of ~$t.~_~;~½ , 20t~, by and between Collier County, / a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Immokalee Multicultural Multipurpose Community Action Agency, Inc. (IMMCAA), a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 210 A. South First Street, Immokalee, FL 34142 (P.O. Box 949, Immokalee, FL 34143), and its Federal Tax Identification number as 59-3640279, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 the 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 1 of 21 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a wtlid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means the Immokalee Multicultural Multipurpose Community Action Agency, Inc. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. IlL TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 2 of 21 OR: 3416 PG: 3114 17F IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $60,000.00 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and Cotmty laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 3 of 21 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 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. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 4 of 21 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. OR: 3416 PG: 3116 17F Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 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. 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. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 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. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 5 of 21 OR: 3416 PG: 31 Do 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 SUBREC1PIENT to FAH 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 and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. Fo 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 6 of 21 OR: 3416 PG: 3118 TERMINATION 17F In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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 The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 7 of 21 SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 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 RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 8 of 21 17F OR: 3416 PG: 3120 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 FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 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). SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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. 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 9 of 21 (c) (d) (e) (0 All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be bome by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the fight to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. Ho 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAH 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 10 of 21 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carded 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 SUBRECIPIENT 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 SUBREC1PIENT 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 the COUNTY in the Annual Consolidated Plan approved by HUD. 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 11 of 21 D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as detem~ined by FAH or HUD. E. 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 FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work 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 F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 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 Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 12 of 21 OR: 3416 PG: 3124 17F 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. 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. 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 SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 13 of 21 OR: 3416 PG: 3125 17F Co LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants 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. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. XIII. 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. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 14 of 21 XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) 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. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this,~/~t day of ~7~;z- (SUBRECIPIENT SEAL) IMMOKALEE MULTICULTURAL MULTIPURPOSE COMMUNITY ACTION AGENCY, INC. ~v~ARIA C. ADAME, PRES IDENT ~~.~ lroved as to form and sufficiency: __ Patrick G. White Assistant County Attorney BY: ~ IOJEPH K. ~C~MITT, XDMINISTRATOR, /C~MMUNITY DEVELOPMENT & QflNVIRONMENTAL SERVICES Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 15 of 21 EXHIBIT "A" SCOPE OF SERVICES 3 16 3127 Bo Co THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project shall include the assistance to approximately twenty-five low-income students to pursue educational advancement and help with supportive services such as child care while in class. The funds will be used for vocational training, childcare expenses, and a part-time case manager to provide additional one-on-one service to students. Beneficiaries will be income-qualified using HUD income guidelines. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: Vocational Training Extensive Vocational Training Short Vocational Training Childcare Expenses Part-time Case Manager Subtotal Community Service Block Grant Community Foundation of Collier County Isabel Collier Read Subtotal Total CDBG Funds Other $26,000.00 $ 2,400.00 $21,600.00 $10,000.00 $60,000.00 $160,424.00 $ 72,424.00 $ 25,000.00 $ 3,000.00 $100,424.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. A part-time case manager will be hired to manage and monitor the twenty-five families enrolled. The part-time case manager will work 21 hours per week at a rate of $8.50 per hour for 52 weeks and will be responsible for client eligibility, client services, client outreach and home visits. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 16 of 21 ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-Il0 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time flame for completion of the outlined activities shall be: Community Outreach Completed Income Qualification Completed Beneficiaries Begin Classes 50% of Funding Expended 100% of Funding Expended June, 2003 July, 2003 August, 2003 January 15, 2004 June 15, 2004 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 17 of 21 OR: 3416 PG: 3129 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded o REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS Sum of Past Claims Paid on this Account Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ $ $ 17F 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Title Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 18 of 21 OR: 3416 PG: 3130 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10th of the following month. Status Report for Month of' Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax~ 17F 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? 5 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. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 19 of 21 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 20 of 21 *** OR: 3416 PG: 3132 *** Subrecipients must indicate total beneficiaries for Race AND Ethnicity 17F Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. 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: Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 21 of 21 Retn: 3274514 OR: 3416 PG: 3133 CLERK TO THI BOARD R~CORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL INTEROFFICE 4TH PLOOR 10/08/2003 at 10:58AM DWIGHT 1/. BROCK, CLERK ~XT 7Z40 AGREEMENT BETWEEN COLLIER COUNTY C 100,50 AND COLLIER COUNTY PARKS AND RECREATION DEPARTMENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this /~.~'/9 day of ~,~59t~,,-,9 ~ 20G~ by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Collier County Parks and Recreation Department, having its principal office at 3300 Santa Barbara Boulevard, Naples, FL 34116, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2003~2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Collier County Parks and Recreation Department Page I of 22 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Collier County Parks and Recreation Department. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2006. Any funds not obligated by the expiration date of Collier County Parks and Recreation Department Page 2 of 22 this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $83,000.00 for the 2003-2004 Program Year, $255,000.00 for the 2004-2005 Program Year and $255,000.00 for the 2005-2006 Program Year, 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, Collier County Parks and Recreation Department Page 3 of 22 o 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 570, as amended The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in h~dsing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Collier County Parks and Recreation Department Page 4 of 22 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 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. 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. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 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. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Collier County Parks and Recreation Department Page 5 of 22 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 FAH 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 and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. Collier County Parks and Recreation Department Page 6 of 22 F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIP1ENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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. H. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, Collier County Parks and Recreation Department Page 7 of 22 to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -102 (Grants and Cooperative Agreements with State and Local Governments) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD-KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 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 FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o 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. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". o The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. Collier County Parks and Recreation Department Page 8 of 22 C. PURCHAS~G 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-102, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBREC[PIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. Collier County Parks and Recreation Department Page 9 of 22 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 FAH. Such income would include, but not be limited to, income from service fees, sale o1: commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be 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 SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Collier County Parks and Recreation Department Page 10 of 22 OR: 3416 PG: 3143 B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES Co Do In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any /'unctions 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 FAH 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 Collier County Parks and Recreation Department Page 11 of 22 employment of and participation of low and ~noderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. 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. 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. 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 SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions Collier County Parks and Recreation Department Page 12 of 22 on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood 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 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 Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. Collier County Parks and Recreation Department Page 13 of 22 XI. SEVERABILITY OF PROVISIONS XII. 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. REVERSION OF ASSETS XIII. XIV. XV. Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-two (22) 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. 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. Collier County Parks and Recreation Department Page 14 of 22 OR' 3416 PG: WITNESS our Hands and Seals on this ~day of ,_.,~,p4e~-~ ~," .20 ~ COLLIER COUNTY PARKS AND RECREATION DEPARTMENT Approved as to form and ~4egal sufficiency: Patrick G. White Assistant County Attorney COIXLIER COUNTY. FLORID~ IOH~-DUNNUCK, PUBLIC SERVICES ADMINISTRATOR /J~SEPH K. SCfiMITT, ADMINISTRATOR, / C/OMMUNITY DEVELOPMENT & NVIRONMENTAL SERVICES Collier County Parks and Recreation Department Page 15 of 22 OR: 3416 PG: 3148 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, tcsting services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project is the construction of a 2,400 SF addition to the East Naples Community Park to provide a permanent site for the Senior Connections program. The resulting Senior Center will provide the capacity to double the number of seniors served by the Senior Connections lunch program. As the program expands, Senior Connections will focus on introducing a transportation program and recruiting low-income participants from the surrounding neighborhoods. In the hours that the Senior Center is not hosting the Senior Connections lunch program, the Center will be available for recreation activities to provide social interaction for the senior population. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Collier County Parks and Recreation Department Page 16 of 22 BUDGET: Line Item: CDBG Funds Other Architectural Fees $53,000 $ 500 Engineering Fees $30,000 Landscape Architectural Fees $ 5,000 Soil Borings $ 2,500 Survey $ 3,000 Site Development Plan $ 2,000 SFWMD Permits $ 3,000 Building Permits $ 25,000 Program Year 03-04 Subtotal $83,000 $ 41,000 Construction $255,000 $ 95,000 Program Year 04-05 Subtotal $255,000 $ 95,000 Construction $255,000 $ 95,000 Furnishings $ 50,000 Land Value $ 11,000 Program Year 05-06 Subtotal $255,000 $156,000 Total $593,000 $292,000 $885,000 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants to State and Local Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. Collier County Parks and Recreation Department Page 17 of 22 CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. Jo WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Design Completed Permitting 50% of 2003-2004 funding expended 100% of 2003-2004 funding expended Bidding Construction 50% of 2004-2005 funding expended 100% of 2004-2005 funding expended 50% of 2005-2006 funding expended 100% of 2005-2006 funding expended July, 2003 - January, 2004 January, 2004--- July, 2004 January 15, 2004 June 15, 2004 June, 2004 - August, 2004 September, 2004 - September, 2005 January 15, 2005 June 15, 2005 January 15, 2006 June 15, 2006 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Collier County Parks and Recreation Department Page 18 of 22 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ Grant Amount Awarded Payment Request # SECTION I1: STATUS OF FUNDS Sum of Past Claims Paid on this Account Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator __ Supervisor Dept Director Collier County Parks and Recreation Department Page 19 of 22 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10th of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax: 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? e 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. Collier County Parks and Recreation Department Page 20 of 22 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) 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, m'e very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, tire 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 I BOX 2 BOX 3 BOX 4 BOX 5 Total Nmnber of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Collier County Parks and Recreation Department Page 21 of 22 Memorandum To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Nancy Mesa - Grants Support Specialist Date: February 10, 2006 AMENDMENT TO SUBRECIPlENT AGREEMENT Subject: Re: CDBG FY 2003.2004 - Collier County Parks and Recreation Department 17F . Attached is an amendment to the original subrecipient agreement between Collier County and the Collier County Parks and Recreation Department for CDBG funding, to construct a 2,400 SF additional to the East Naples Community Park to provide a permanent site for the Senior Connections program. This was included in the County's Consolidated Plan One-Year Action Plan FY 2003.2004 as approved by the BCC on April 22, 2003 -Item 17F. The account string for this grant is 121.138755-882100.345051. Please call me at 659.5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant. Clerk's Finance Marlene Foard, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Setvices Division 17F .. AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY PARKS AND RECREA nON DEPARTMENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AMENDMENTto AGREEMENT, is entered into this ;)f.J- day of pa~W' bt'r 20~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the "Collier County Parks and Recreation Department," having its principal office at 3300 Santa Barbara Boulevard Naples, F134116, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY and the Subrecipient previously agreed to certain terms under the pnor Agreement between Parties dated September 18, 2003; and WHEREAS, the COUNTY and "THE SUBRICIPIENT" desire to amend EXHIBIT A referenced in Part I of this Agreement, in accord with the approved 2003-2004 Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage "THE SUBRICIPIENT" to implement such amended undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes; and WHEREAS, the COUNTY and "THE SUBRECIPIENT" agree to this amendment of the original subrecipient agreement revising the Scope of Services in Section B, and J, of EXHIBIT "A" and replacing that EXHIBIT with the attached hereto revised EXHIBIT A. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: That the Agreement of September 18,2003, is amended to replace the prior attached Exhibit "A" with the attached, revised Exhibit "A." Collier County Parks and Recreation Department Page I of5 17F SJ-- WITNESS our Hands and Seals on this ;).} day of Ikc 0-. b~,.. Approved as to form and Legal sufficiency: ~~ ASSISTANT COUNTY ATTORNEY ,20 01 COLLIER COUNTY PARKS AND RECREATION DEPARTMENT IfM~..J~ i) 7?tJ>r8'hf '~ ~.. ~ / /~J' / ' B: d .' ) ttz....r~" / b,r dB R,DIRECTOR f Y, FLORIDA BY: 6'M-U&f, CORMAC GIBLIN, HOUSING AND GRANTS MANAGER Page 2 of 5 Collier County Parks and Recreation Department 17F . EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The scope of this project is the construction of a 2,400 SF addition to the East Naples Community Park to provide a permanent site for the Senior Connections program. The resulting Senior Center will provide the capacity to double the number of seniors served by the Senior Connections lunch program. As the program expands, Senior Connections will focus on introducing a transportation program and recruiting low-income participants from the surrounding neighborhoods. In the hours that the Senior Center is not hosting the Senior Connections lunch program, the Center will be available for recreation activities to provide social interaction for the senior population. NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to F AH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain F AH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUB RECIPIENT shall obtain F AH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that F AH, in consultation with any parties F AH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Collier County Parks and Recreation Department Page 3 of 5 17F . C. BUDGET: Line Item: CDBG Funds Architectural Fees, Engineering Fees, Soil Borings, Survey, Site Development Plan, SFWMD Permits, Building Permits, Construction, Road Impact Fees, SDP Building Permits, Landscaping, Asbestos Other Program Year 03-04 Subtotal $83,000 Program Year 04-05 Subtotal $255,000 Program Year 05-06 Subtotal Furnishings Land Value $255,000 273,107.64 50,000.00 11,000.00 Total $593,000 + 334,107.64 TOTAL PROJECT COST $927,107.64 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to F AH, on behalf of the County, as the Grantee, for F AH approval, in a form specified by F AH. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REOUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUB RECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract( s). E. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants to State and Local Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. Collier County Parks and Recreation Department Page 4 of 5 17F . F. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the fmal draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. G. FORMER PROJECTS: 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. H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Project Start Date July, 2003 Interim Milestones 100% of 2003-2004 funding expended 100% of 2004-2005 funding expended 100% of2005-2006 funding expended June 15,2005 June 15,2006 December 31, 2006 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to F AH J. REPORTS: The SUB RECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for F AH approval of invoices, etc. for reimbursement. Collier County Parks and Recreation Department Page 5 of5 Memorandum To: From: Date: Subject: Re: Uaureen Kenyon, Supervisor Clerk of Courts - Minutes and R~cords Susan Alden, HUD Grant Analyst'4~'Y'' April 23, 2004 Subrecipient Agreement CDBG FY 2003-2004 - United Church Homes (applicant) Attached please find the original subrecipient agreements relative to the United Church Homes application. This agreement is between Collier County and UCC XVI, Inc. for $188,878 for Phase II of a 7.44 acre project to construct new rental units targeted to very Iow-income elderly residents of Immokalee. Please call me at 403-2339 if you have any questions. Thankyou. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator- Administrative Services Division Scott Johnson, Purchasing Agent - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND UCC XVI, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this i~3:'+~ day of ]X4k.(-~cc ~x 20C~L/, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and UCC XVI, Inc., a non-profit corporation, having its principal office at 170 East Center Street, Marion, Ohio 43301, and its Federal Tax Identification number as 20-0675199, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and UCC XVI, Inc. Page 1 of 24 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (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. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Colher County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Immokalee Senior Housing, LTD "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. IH. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC~12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all funding relating to services required hereunder shall be expended by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. UCC XVI, Inc. Page 2 of 24 IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $188,878 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended ~ The regulations governing the expenditure of Community Development Block Grant funds. UCC XVI, Inc. Page 3 of 24 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. UCC XVI, Inc. Page 4 of 24 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 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. 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. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 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. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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 FAH 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." UCC XVI, Inc. Page 5 of 24 Do Eo This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, aris. in.g during the performance of the terms of this Agreement, or due to the acts or om~sslons of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion of applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBREC~IENT. 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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 SUBREC2IENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. UCC XVI, Inc. Page 6 of 24 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 p.arty shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION 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 The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECII:'IENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its UCC XVI, Inc. Page 7 of 24 Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS Ao FINANCIAL MANAGEMENT The SUBREC~IENT 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. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECII~IENT shall maintain all records required by the CDBG Regulations. o 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 FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAIt 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 UCC XVI, Inc. Page 8 of 24 Do o 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). SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing comphance with federal purchasing requirements and with other federal requirements for grant implementation. 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-Il0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (t) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. UCC XVI, Inc. Page 9 of 24 AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing, such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defmed in A-133. The COUNTY will be responsible for providing technical assistance to the SUBREC~IENT, as deemed necessary by the COUNTY. Ho PROGRAM-GENERATED INCOME All income earned by the SUBREC/PIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand or received by the SUBRECIPIENT or its sub- contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. UCC XVI, Inc. Page 10 of 24 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 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. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBREC2IENT 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 camed 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 g. iven opportunities for training and employment; and to the greatest extent feasible eligible bus~ness 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 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 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 the COUNTY in the Annual Consolidated Plan approved by HUD. Co 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. UCC XVI, Inc. Page 11 of 24 D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH w/Il carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Fo CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any fimctions 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 FAH 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. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's roles at 24 CFR Part 24, subpart F. 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 UCC XVI, Inc. Page 12 of 24 Xo o 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. 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. o 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 SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the insofar as they apply to the performance of the Contract: 1. following requirements Clean Air Act, 41 U.S.C., 7401, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B° FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. UCC XVI, Inc. Page 13 of 24 XI. XII. XIII. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants 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. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. 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. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-four (24) 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. UCC XVI, Inc. Page 14 of 24 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. :~ 0 ~.,~ '~ WITNESS our Hands and Seals on this ~9 day of ~.c-//c~ ,20 ~ UCC XVI, INC. (SUBRECIPIENT SEAL) RONALD E. BEACH, TREASURER, UCC XVI, INC. Patrick G. White Assistant County Attorney COLLIER COUNTY, FLOR~A /C/OMMUNITY DEVELOPMENT & ~ENVIRONMENTAL SERVICES UCC XVI, Inc. Page 15 of 24 EXHIBIT "A" SCOPE OF SERVICES Bo THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this funding is acquisition of 5.11 acres in Immokalee, FL to enable UCC XVI, Inc. to construct seventy (70) new one- and two-bedroom rental units targeted to very low-income elderly residents. This is Phase II of a 7.44 acre project. 100% of the persons or households served will be very low-income persons. Eligible households will earn less than 50% of the HUD Area Median Income. The head of the household must be 62 years of age or older. At the time the units are leased, SUBRECIPIENT shall submit to FAH a certification that all tenants meet income qualification. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAIt, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBREC~IENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Land Acquisition $188,878 Site Work $ 200,000 Construction $ 3,900,000 Legal, Consulting, etc. $1,210,000 Subtotal $ 3,289,000 Total $5,498,878 UCC XVI, Inc. Page 16 of 24 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. Fo Go Jo Ko STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-Il0 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBREC2IENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Site acquisition completed April, 2004 100% of funding expended May, 2004 Construction to begin July, 2006 Construction completed July, 2007 Lease Up September, 2007 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. UCC XVI, Inc. Page 17 of 24 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION h REQUEST FOR PAYMENT Subrecipient Name:__ Subrecipient Address: Project Name: Project No: 03-05 Dollar Amount Requested: $ UCC XVI, Inc. 170 East Center Street, Marion OH 43302 Land Acquisition - Senior Housing Payment Request # SECTION Ih 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) $ 7. If applicable amount held as retainage to date by the County, if not retained by $ the sub-recipient. 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director UCC XVI, Inc. Page 18 of 24 EXHIBIT "C' CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the IOta of the following month. Status Report for Month of Submittal Date: Project Name Land Acquisition - Senior Housing Project Number 03-05 Activity Number Subrecipient: UCC XVI, Inc. Contact Person Che~l Wickersham Telephone: 800-837-2211 ext. 333 Fax: (740) 382-4884 E-mail: Cwickersl~am ,_~uchinc.org 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? 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. UCC XVI, Inc. Page 19 of 24 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX ! BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low lncome Low Income (51-80%) Household Assisted (0-30%) (31-50%) UCC XVI, Inc. Page 20 of 24 Subrecipients must indicate total beneficiaries for Race AND Ethnici~, Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Viemam. 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: 1. 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 Ethnici .ty 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: UCC XVI, Inc. Page 21 of 24 EXHIBIT "D" Prepared by and Return to: Collier County Financial Administration and Housing 2800 N. Horseshoe Drive, g400 Naples, Florida 34104 DECLARATION OF RESTRICTIONS UCC XVI, Inc., a non-profit corporation, having its principle office at 170 East Center Street, Marion, Ohio 43301, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of One Hundred Eight-Eight Thousand, Eight Hundred Seventy-Eight Dollars ($188,878.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: A portion of the southeast ¼ of the southwest ¼ of Section 33, Township 46 south, Range 29 east, Collier County, Florida, being more particularly described as follows: commence at the southwest comer of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence n. 00'00'20" w., along the west line of the northwest ¼ of the southeast V4 of the southwest ¼ of said section 33 (said line also being the centerline of 11th Street North), a distance of 194.68 feet, thence n. 89'50'40" e., parallel with the north line of the northwest ¼ of the southeast ¼ of the southwest 1/4 of said section 33, a distance of 83.65 feet to the point of beginning of the parcel of land herein described, thence north 89'50'40" east, a distance of 125.06 feet, thence n. 00'00'20" w., parallel with the west line of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, a distance of 460.42 feet, thence n. 89'50'40" e., a distance of 288.59 feet to the west line of the east 163 feet of the northwest ¼ of the southeast V4 of the southwest ¼ of said section 33, thence s., 00'01'00" e., along said west line, a distance of 655.24 feet to the south line of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence s. 89'51'40" w. along said south line, a distance of 167.21 feet to the west line of the northwest ¼ of the southwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence s. 00'00'45" e. along said west line, a distance of 44.91 feet, thence south 89'59'43" west, a distance of 84.14 feet thence north 00'05'13" east, a distance of 12.20 feet, thence south 89'55'53" west, a distance of 136.98 feet to a point of curvature thence northwesterly, 39.24 feet along the arc of a circular curve, concave northeasterly, having a radius of 25.00 feet, through a central angle of 89'56'09" and being subtended by a chord which bears north 45'06'02" west, 35.34 feet to a point of tangency; thence north 00'07'58" west, a distance of 202.04 feet to the point of beginning, containing 222,319 square feet or 5.103 acres, more or less. 1. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this UCC XVI, Inc. Page 22 of 24 OR: 3539 PG: 0266 Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $188,878.00 (in CDBG funds) as provided through a grant Agreement with the County dated 7~cc~ 30 , 2004, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period often (10) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement that for a period of fifteen (15) years after the expiration date of said Agreement (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility/property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b)of this section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility/property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Financial Administration and Housing Department (FAIt). Any approved sale or. conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. UCC XVI, Inc. Page 23 of 24 *** OR: 3539 PG: 0267 *** The Declarant agrees to notify the County in writing through the FAH Department of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the ten-year period described above. · Executed this -~ day of /~ ~ r, / ,20 ~q/ (CORPORATE SEAL) UCC XVI, Inc. By: 6/x----,- Ronald E. BeaCh, Treasurer, UCC XVI, Inc. STATE OF OHIO COUNTY OF The forgoing Agreement was acknowledged before me this ],xf[. 2tX!~_, by' · , day of who is personally known to me or has produced as identification and who did (did not) take an oath. (Print or type name) Notary Public State of Ohio at Large My Commissioner Expires: ,c'7c.~ .fl''-' ' " '" ~~' 7~ !gim-tature) ~'~T~-- No, t,m'~u,~iq, State o! Ohio :% '- ~:. :4~ , .~ Recorded in Marion Coun~ .,, u~. ~ UCC XVI, Inc. Page 24 of 24 Memorandum To: From: Date: Subject: Maureen Kenyon, Supervisor Clerk of Courts - Minutes and Records Susan Alden, HUD Grant Analyst~ April 23, 2004 Subrecipient Agreement CDBG FY 2003.2004- United Church Homes (applicant) Attached please find the original subrecipient agreements relative to the United Church Homes application. This agreement is between Collier County and Immokalee Senior Housing, Ltd. for $ 86,122 for Phase i of a 7.44 acre project to construct new rental units targeted to very Iow-income elderly residents of Immokalee. Please call me at 403.2339 if you have any questions. Thankyou. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator- Administrative Services Division Scott Johnson, Purchasing Agent- Purchasing File Department of Financial Administration and Housing Community Development and Environmenta/ Services Division AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE SENIOR HOUSING, LTD. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this .~-~.)..~h day of C/T](ttIc~ 207_~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and Immokalee Senior Housing, Ltd., a private, limited partnership, having its principal office at 170 East Center Street, Marion, Ohio 43301, and its Federal Tax Identification number as 86-1055048, hereinafter referred to as "SUBRECIPIENT." WltEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 WltEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Immokalee Senior Housing, Ltd. Page 1 of 24 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WI-IEREAS, the COUNTY desires to engage the SUBREC[PIENT to implement such undertakings of the Community Development Block Grant (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. DEFINITIONS (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. SUBRECIPIENT means Immokalee Senior Housing, Ltd. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all funding relating to services required hereunder shall be expended by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Immokalee Senior Housing, Ltd. Page 2 of 24 IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $ 86,122 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended The regulations governing the expenditure of Community Development Block Grant funds. Immokalee Senior Housing, Ltd. Page 3 of 24 o o 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Immokalee Senior Housing, Ltd. Page 4 of 24 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 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. 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. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering Procedures. These replace OMB Circular A-102. 570.502. standard Granted Administration This subpart includes 24 CFR OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - OMB Circular A-Il0 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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 FAH 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." lmmokalee Senior Housing, Ltd. Page 5 of 24 Do This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indenmify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion of applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration.of SUBREC2IENT. 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. Immokalee Senior Housing, Ltd. Page 6 of 24 Ho 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. 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 SUBREC~IENT for services rendered pursuant to this Agreement through and including the date of termination. 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 The SUBREC2IENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and. outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Immokalee Senior Housing, Ltd. Page 7 of 24 Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERT~ICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 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. Bo DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. o 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 FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the Immokalee Senior Housing, Ltd. Page 8 of 24 Do 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. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". 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. SUBREC2IENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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. REPORTS, AI,_YDITS, 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. Immokalee Senior Housing, Ltd. Page 9 of 24 AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing, such audit or audited financial statements, the SUBRECIPIENT shall request an extension ~n advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Govemments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAH 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand or received by the SUBRECIPIENT or its sub- contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. Immokalee Senior Housing, Ltd. Page 10 of 24 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 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. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBREC~IENT 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 carded 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 oppommities for training and employment; and to the greatest extent feasible 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 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 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 the COUNTY in the Annual Consolidated Plan approved by HUD. Co 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 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 SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. Immokalee Senior Housing, Ltd. Page 11 of 24 D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH 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 SUBREC~IENT agrees to famish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBREC~IENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBREC2IENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. mo Fo 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 FAH 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. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-fi:ee 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. Ho 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 Immokalee Senior Housing, Ltd. Page 12 of 24 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. 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. o 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 SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not hmited 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. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBREC2IENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. Immokalee Senior Housing, Ltd. Page 13 of 24 XI. XII. XIII. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants 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. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. 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. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-four (24) 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. Immokalee Senior Housing, Ltd. Page 14 of 24 xgo 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. WITNESS our Hands and Seals on this ?~?.)./4~ day of ~effr2~4/c' ,20 6)z// IMMOKALEE SENIOR HOUSING, LTD (SUBRECIPIENT SEAL) CHERYL ~. ~ICKERSHAM, ASSISTANT SECRETARY/TREASURER, UCC XW, INC., GENERAL PARTNER ,~.p.~roved as to form and Patrick G. White Assistant County Attorney C OLLIE~ COUNTY, F~. A BY://0'~~4~~~ gO PH K. SC -m TT, M Sr_RATOP-, /C~JMMLFNITY DEVELOPMENT & (~'NVIRONMENTAL SERVICES Immokalee Senior Housing, Ltd. Page 15 of 24 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any .sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this funding is acquisition of 2.33 acres in Immokalee, FL to enable Immokalee Senior Housing, LTD to construct thirty (30) new one- and two-bedroom rental units targeted to very low- income elderly residents. This is Phase I of a 7.44 acre project. 100% of the persons or households served will be very low-income persons. Eligible households will earn less than 50% of the HUD Area Median Income. The head of the household must be 62 years of age or older. At the time the units are leased, SUBRECIPIENT shall submit to FAH a certification that all tenants meet income qualification. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBREC/PIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement fi.om FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECI1)IENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Land Acquisition $ 86,122 Site Work $ 100,000 Construction $1,980,000 Legal, Consulting, etc. $1,209,833 Subtotal $ 3,289,833 Total $3,375,955 Immokalee Senior Housing, Ltd. Page 16 of 24 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. Do Go Ho STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS' The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-Il0 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Site acquisition completed April, 2004 100% of funding expended May, 2004 Construction to begin May, 2004 Construction completed May, 2005 Lease Up July, 2005 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to FAIl. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Immokalee Senior Housing, Ltd. Page 17 of 24 Subrecipient Name:__ Subrecipient Address: Project Name: Project No: 03-05 Dollar Amount Requested: $ EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION h REQUEST FOR PAYMENT lmmokalee Senior Housing, Ltd. 170 East Center Street, Marion OH 43302 Land Acquisition - Senior Housing Payment Request #__ SECTION I1: 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) $ 7. If applicable amount held as retainage to date by the County, if not retained by $ the sub-recipient. 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 Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director Immokalee Senior Housing, Ltd. Page 18 of 24 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the IOta of the following month. Status Report for Month of Submittal Date: Project Name Land Acquisition - Senior Housing Project Number 03-05 Activity Number Subrecipient: lmmokalee Senior Housing, Ltd. Contact Person Cheryl Wickersham Telephone: 800-837-2211 ext. 333 Fax: (740) 382-4884 E-mail: Cwickersham(~_ ~uchinc.org 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? 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. Immokalee Senior Housing, Ltd. Page 19 of 24 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) e For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "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 lncome (51-80%) Household Assisted (0-30%) (3 i-50%) Immokalee Senior Housing, Ltd. Page 20 of 24 Subrecipients must indicate total beneficiaries for Race AND Ethnici~, Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. 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 Ethnieity Beneficiaries Race 4/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: Immokalee Senior Housing, Ltd. Page 21 of 24 EXHIBIT "D" Prepared by and Return to: Collier County Financial Administration and Housing 2800 N. Horseshoe Drive, #400 Naples, Florida 34104 DECLARATION OF RESTRICTIONS Immokalee Senior Housing, Ltd. a private, limited partnership, having its principle office at 170 East Center Street, Marion, Ohio 43301, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of Eighty-six Thousand One Hundred and Twenty-two Dollars ($86,122.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: A portion of the southeast ¼ of the southwest ¼ of Section 33, Township 46 south, Range 29 east, Collier County, Florida, being more particularly described as follows: commence at the southwest comer of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence n. 00'00'20" w., along the west line of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33 (said line also being the centerline of 11th Street North), a distance of 194.68 feet, thence n. 89'50'40" e., parallel with the north line of the northwest ¼ of the southeast ¼ of the southwest 1/4 of said section 33, a distance of 30.00 feet to the east right-of- way line of said 11th Street North and the point of beginning of the parcel of land herein described, thence north 89'50'40" east, a distance of 53.65 feet, thence south 00'07'58" east, a distance of 202.04 feet, to a point of curvature thence southeasterly, 39.24 feet along the arc of a circular curve, concave northeasterly, having a radius of 25.00 feet, through a central angle of 89'56'09" and being subtended by a chord which bears south 45'06'02" east, 35.34 feet to a point of tangency; thence north 89'55'53" east, a distance of 136.98 feet, thence south 00'05'13" west, a distance of 12.20 feet, thence north 89'59'43" east, a distance of 84.14 feet to a point of the west line of the northwest ¼ of the southwest ¥4 of the southeast ¼ of the southwest ¼ of said section 33, thence south 00'00'45" east, along last said line, a distance of 288.89 feet to a point on the south line of the northwest ¼ of the southwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence south 89'54'32" west, along last said line, a distance of 300.26 feet to a point on the east right-of-way of said 11th Street North, thence north 00'00'20" west, along the north right-of-way line of said 11th Street North, a distance of 528.23 feet to the point of beginning, containing 101.785 square feet or 2.337 acres more or less. o[] Immokalee Senior Housing, Ltd. Page 22 of 24 OR: 3539 PG: 0271 1. This Declaration of Restrictions shall be deemed as covenants rmming with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $86,122.00 (in CDBG funds) as provided through a grant Agreement with the County dated ~/3/qc~cc~ ~ , 2004, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period often (10) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement that for a period of fifteen (15) years after the expiration date of said Agreement (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility/property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b)ofthis section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility/property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Financial Administration and Housing Department (FAH). Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the Immokalee Senior Housing, Ltd. Page 23 of 24 *** OR: 3539 PG: 0272 *** Executed this (CORPORATE SEAL) receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. The Declarant agrees to notify the County in writing through the FAH Department of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the ten-year period described above. ~dayof ~ ,200~/ Immokalee Senior Housing, LTD By: ~d Cheryl L. Wickersham, Assistant Secretary/Treasurer, UCC XIV, Inc., General Partner STATE OF OHIO COUNTY OF a:~Q The forgoing Agreement was acknowledged before me this of t/C xXtx/ 5Zc, ~c'~c~C,~- , who is ~5- -/k_ day of p~ersonally known to me or has produced as identification and who did (did not) take an oath. (Print or type name) Notary Public State of Ohio at Large My Commissioner Expires: , c(~ignature) ..,,; "i¢: .... ?'t-~'z~x\\.! I//~'~ARY ~ M. STEWART 7.~:'~~,,-~= Notary Public, State o! Ohio · ~~;~...[ My Commission Exolres 10/3105 ':~:. '~' ~,~ ? Flocordod in Mari~n CounW Immokalee Senior Housing, Ltd. Page 24 of 24 17F 11 authority and take the necessary actions for implementation of the CDBG and HOME programs. 2. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. 3. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG and HOME Programs. A copy of the Activities and total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. 4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. Page 2of3 J 17 F . ~_ This Resolution adopted this twenty-second day of April 2003, after motion, second and majority vote favoring same. ATT~~;rj'J:c.J.~f}.""': ,: " DWJ5HJ.-E. BR~ CLERK . . :.;.::.;:; 'j:' t{ : ~ "::II'.' . ::tj: thai....n. S GAh Approve as 0 orm ana ufficiency: BOARD OF COUNTY COMMISSIONERS OFCO~U:TY' LORID~ By: ;J'()t-- TOM HENNING, CHAIRM l.l-22 -03 Page 3 of 3