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Backup Documents 01/27/2009 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE The completed routing slip and original 16D6 Print on pink paper. Attach to original document Original dncuments should be hand delivered to the Board Oflict: documents are to he forwarded to the Board Office only afttr the Huard has taken action on the llCln) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chainnan's si"~ature, draw a line throuo. routinO' lines # I throull'h #4, comnJete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinp' order) 1. Chairman, Donna Fiala BCC ~ +. 4:- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (lbe primary contact is the holder afthe original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Wendy Klopf, Operations Coordinator Phone Number 252-290 I Contact Agenda Date Item was January 27, 2009 Agenda Item Number 1606 Annroved bv the BCC Type of Document Subrecipient agreement Number of Original 2 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the fmal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si atore and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The doeument was approved by the BCC on 01127/2009 and all cbanges made during tbe meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. N/A(Not A licable) .u-..,*- 2. 3. 4. ., 5. 6. I: Forms/ County FormsJ Bee Forms/ Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05. Revised 2.24.05 MEMORANDUM Date: January 30, 2009 To: Wendy Klopf, Operations Coordinator Housing & Human Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub recipient Agreement between Collier County and Collier County Housing Authority Attached is an original of the document referenced above (Item #16D6) that was approved by Board of County Commissioners on Tuesday, January 27, 2009. The secong original is being retained in the Minutes & Records Department for the Board's official record. If you should have any questions, please contact me at 252-8411. Thank you. Attachments (I) 16D6 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY, INC. TENANT BASED RENT AL ASSISTANCE (TBRA) Catalog of Federal Domestic Assistance #14.239 HUD Grant # M-07-UC-12-0017 16D6.f THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Collier County Housing Authority, Inc. a special independent district of the State of Florida, created in accordance with Florida Statute Section 42 1.27 et seq., having its principal office at 1800 Fannworker Way, Immokalee, Florida 34142 and with offices at 5251 Golden Gate Parkway, Naples, FL 34116, and its Federal Tax Identification number as 59-1490555, hereinafter referred to as the "SPONSOR." WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston- Gonzalez National Affordable Housing Act, as amended ("ACT"); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the HOME Program by Resolution (2007-10 I) on April 24, 2007; 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 2007-2008 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in this Agreement, in accord with the approved One-Year Action Plan; and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the HOME Program as a valid and worthwhile County purposes. Housing Authority 2007 (2) HOME TBRA Agreement Page 1 of 27 16D~ NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and ai,'Tee as follows: I. DEFINITIONS (I.) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2.) "HOME" is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3.) "HHS" means the Housing and Human Services Department of Collier County. (4.) "SPONSOR" means THE COLLIER COUNTY HOUSING AUTHORITY. (5.) "HHS APPROVAL" means the written approval of the Housing and Human Services Department or designee. (6.) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7.) "Low and moderate income persons" means the definition set by HUD. (8.) "PROJECT" means the work contemplated to be performed as set forth in Exhibit "A". (9.) "AGENCY" means the Housing & Human Services Department of Collier County, the HOME administering Agency of Collier County. For the purpose of this Agreement and all administration of HOME funds, the AGENCY shall act on behalf of the COUNTY in the execution and fiscal and programmatic control of this ai,'Teement. The term "Approval by the COUNTY" or like term used in this Agreement shall in no way relieve the SPONSOR from any dulies or responsibilities under the terms of this Agreement, or obligation State or local law or regulation" (10.) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the SPONSOR agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work, hereof. (ll.) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the SPONSOR as described here. II. SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "E," all of which are attached hereto and made a part hereof. Housing Authority 2007 (2) HOME TBRA Agreement Page 2 of 27 16D6 1II. TIME OF PERFORMANCE The effective date of this Agreement shall be January 27, 2009, and the services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SPONSOR prior to June 15, 2009. Any funds not obligated by the expiration date of this Ai,'Teement shall automatically revert to the COUNTY, as set forth in Part VIll (F) (5), and Part VIII (H) below. IV. CONSIDERATION AND LIMITATION OF COSTS The SPONSOR shall be reimbursed by the COUNTY using federal funds for allowable costs, determined by COUNTY, in an amount not to exceed TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS (U.S. $250,000) plus a 10% administration and project delivery cost from a non-federal source for the Tenant Based Rental Assistance (TBRA) Program for the services described in Exhibit "A." A minimum of Two Hundred Fifty Thousand Dollars and no cents ($250,000) shall be utilized for direct client assistance. Project delivery cost of ten (l0) percent will be provided from a non-federal funding source not to exceed TWENTY FIVE THOUSAND DOLLARS AND NO CENTS ($25,000), FOR A TOTAL PROJECT COST OF TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($275,000). All improvements specified in Exhibit "A" shall be performed by SPONSOR employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SPONSOR shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SPONSOR 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 Housing and Human Services at its office, presently located at 3050 North Horseshoe Drive, Suite I 10, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (l) of this Agreement. VI. SPECIAL CONDITIONS The SPONSOR agrees to comply with the requirements of Title 24 CFR Part 92 of the Housing and Urban Development regulations concerning HOME Investment Partnership Program Grants (HOME) and all federal regulations and policies issued pursuant to these regulations. The SPONSOR further agrees to utilize funds available under this Ab'Teement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS. Housing Authority 2007 (2) HOME TBRA Agreement Page 3 of 27 16D6 Should a project receive additional funding after the commencement of this Agreement, the SPONSOR shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HHS Department or designee within forty-five (45) days of said official notification. l. DEBARMENT: The SPONSOR certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SPONSOR shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULA nONS AND LAWS During the performance period of the Agreement, the SPONSOR agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SPONSOR further agrees to abide by all other applicable laws. l. 24 CFR Part 92.206, HOME Investment Partnership Program - The regulations governing the disbursement of HOME funds. 2. 24 CFR Part 58 - The re!,>1Jlations prescribing the Environmental Review procedure. 3. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 4. 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. 5. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 6. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 7. Age Discrimination Act of 1975. 8. Contract Work - Hours and Safety Standards Act, 40 USC 327-332. 9. Section 504 ofthe Rehabilitation Act of 1973, 29 USC 776(b) (5). 10. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Housing Authority 2007 (2) HOME TBRA Agreement Page 4 of 27 20. 21. 22. 23. 16D6 II. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG/HOME. 12. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 13. 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 Home Investment Partnership Program Contracts. 14. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 15. 24 CFR 570, Subpart J - regulations covering standard Granl Administration Procedures. These replace OMB Circular A-l02. This subpart includes 24 CFR 570.502. 16. OMB Circular A-l33 - concerning annual audits. 17. OMB Circular A-122 - which identifies cost principles. 18. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 19. 24 CFR Part 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Immigration Reform and Control Act - of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SPONSOR to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilatcrally terminate this agreement immediately. Ch 112, F.S. Chapter 1l2, Florida Statutes - which deals with conflict of interest. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the Housing Authority 2007 (2) HOME TBRA Agreement Page 5 of 27 16D6 more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SPONSOR with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SPONSOR with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. D. SUBCONTRACTS Any work or services subcontracted by the SPONSOR shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the SPONSOR to HHS 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 tor such services will be made at SPONSOR cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the COUNTY without prior written approval of the HHS or his designee. Housing Authority 2007 (2) HOME TBRA Agreement Page 6 of27 16D6 E. AMENDMENTS This Agreement and any exhibit or attachment may be amended only by written agreement executed by the governing boards of both parties, except that County representative may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SPONSOR or anyone employed or utilized by the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies whieh otherwise may be available to an indemnified party or person described in this paral,'1"aph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SPONSOR will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SPONSOR will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This signs construction utilizes a minimum conventional 4'X 8' plywood back panel and other conventional construction materials and methods. H. 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 SPONSOR with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of termination, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set-off purposcs until such time as the exact amount of damages due to the COUNTY from the SPONSOR is determined. Housing Authority 2007 (2) HOME TBRA Agreement Page 7 of 27 16D6 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 (24 CFR 85.43). 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SPONSOR for services rendered pursuant to this Agreement through and including the date of termination (24 CFR 85.44). 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. l. INSURANCE SPONSOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit D to this Agreement. J. SPONSOR LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit D shall not relieve the SPONSOR of his liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days alter the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SPONSOR shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SPONSOR fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SPONSOR shall be in default of the terms and conditions of the contract. Housing Authority 2007 (2) HOME TBRA Agreement Page 8 of 27 16D6 VIII. ADMIN[STRA TIVE REQU[REMENTS A. F[NANCIAL MANAGEMENT The SPONSOR agrees to comply with OMB Circular A~ [10 (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 SPONSOR shall maintain all records required by the HOME Federal Regulations for a period of five years (5) years after expiration of this Agreement. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY by the SPONSOR at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. 3. The SPONSOR shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SPONSOR shall submit monthly beneficiary reports to HHS using Exhibit "E". 5. The SPONSOR shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SPONSOR shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SPONSOR 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-I [0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. Housing Authority 2007 (2) HOME TBRA Agreement Page 9 of27 16D6 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 HOUSING & HUMAN SERVICES, COUNTY, AND HUD REOUIREMENTS HHS shall have the right under this Agreement to suspend or lerminate reimbursement until the SPONSOR complies with any additional conditions that may be imposed by HHS, the COUNTY, or HUD at any time. Additional requirements are listed on Exhibit C. F. PRIOR WRITTEN APPROVALS-SUMMARY ( I.) (2.) (3.) (4.) (5.) (6.) All subcontracts and agreements proposed to be entered into by the SPONSOR pursuant to this Agreement; All capital equipment expenditures of$I,OOO 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 HOME funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS I. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non- profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A- 133. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements ofOMB A-133 apply, or when the SPONSOR elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SPONSOR. A copy of the audit report must be received by HHS no later than six months following the end of the SPONSOR's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SPONSOR may choose to have an audit performed either on the Housing Authority 2007 (2) HOME TBRA Agreement Page 10 of27 16D6 basis of the SPONSOR's fiscal year or on the basis of the period during which HHS-federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHS no later than six months following each audit period. 5. The SPONSOR shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SPONSOR shall maintain all contract records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 7. The SPONSOR shall include in all HHS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by HHS, each of the record-keeping and audit requirements detailed in this contract. HHS shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above. H. PROGRAM-GENERATED INCOME All income earned by the SPONSOR from activities financed in whole or in part by funds provided hereunder must be reported to HHS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SPONSOR shall report its plan to utilize such income to HHS, and said plan shall require the prior written approval of the HHS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-II 0 (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 92.503 for HOME funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SPONSOR 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 SPONSOR requests to utilize uncommitted funds. Housing Authority 2007 (2) HOME 'IBRA Agreement Page 11 of27 16D6 I. GRANT CLOSEOUT PROCEDURES SPONSOR'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. IX. OTHER PROGRAM REOUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SPONSOR 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 SPONSOR 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 SPONSOR shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the HOME areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES Unless otherwise outlined in Exhibit A; at least fifty-one percent (51 %) of the beneficiaries of a project funded through this A!,'l'eement must be very low, low- income persons. If the project is located in an entitlcment city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through thc 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 SPONSOR shall provide written verification of compliance to HHS upon HHS'request. D. EVALUATION AND MONITORING The SPONSOR agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, Housing Authority 2007 (2) HOME TBRA Agreement Page 12 of27 16D6 comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SPONSOR agrees to furnish upon request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is delermined necessary by HHS or the COUNTY. The SPONSOR shall, upon the request of HHS, submit information and status reports required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required of HHS by HUD. The SPONSOR shall allow HHS or HUD to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. E. CONFLICT OF INTEREST The SPONSOR covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the larget 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 SPONSOR. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed in writing to HHS 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 providcd for employmenl of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Fla. Stat. G. DRUG-FREE WORKPLACE REQUIREMENTS The SPONSOR, 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: I. 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. Housing Authority 2007 (2) HOME TBRA Agreement Page 1301'27 16D6 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Mcmber of Conl,'l"ess in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative Agreements) and that all SPONSOR'S shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SPONSOR for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.10 I, shall be subject to the provisions of the HOME Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SPONSOR's control, which is acquired or improved in whole or part with HOME funds in excess of $25,000, must adhere to the HOME Regulations at 24 CFR 570.505. X. ENVIRONMENT AL CONDITIONS A. AIR AND WATER The SPONSOR agrees to comply with the following requirements: I. Clean Air Act, 41 U.S.C. 7401, et seq. 2. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of Ihe Flood Disaster Protection Act of 1973 (42 USC 4002), the SPONSOR shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained 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. Housing Authority 2007 (2) HOME TBRA Agreement Page 14 of27 16D6 C. LEAD-BASED PAINT The SPONSOR 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. 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 SPONSOR 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. 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 SPONSOR shall transfer to the COUNTY any HOME funds on hand at the time of expiration, any accounts receivable attributable to the use of HOME funds, and any non-expendable personal property that was purchased with HOME funds. Any real property under SPONSOR control that was acquired or improved in whole or in part with HOME funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS HOME funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200U) specifies the limitations on HOME funds, and is herein incorporated by reference. In addition, any SPONSOR that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. Housing Authority 2007 (2) HOME TBRA Agreement Page 1501'27 16D6 XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-seven (27) 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. Housing Authority 2007 (2) HOME TBRA Agreement Page 16 of27 16D6 IN WITNESS WHEREOF, the SPONSOR and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this January 27, 2009. ATTEST: Dwig E. ,B,r o~k,. ~rl( ,of Courts ~ :'~' Ilf,r.A' . . . ,.' .,:,"" r." /("'": A. y. ' , . ,- ~ DatedtiI10{~<t ' A~ ~S"~;~yt.... , s ~9lt'~ur;J 001 ~ .' "/ .. (~i' ~ .: BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA dJt~ By: . Chairman COLLIER COUNTY HOUSING AUTHORITY, INC. L ~/~ ,r- ~ " \ Nli\LGO A-. CI\s. Ic(cE0A... Type/pri~t wit7gnam:_~. 'T/?7t / / ) Second Witness ".// Y-'bYiot-8YCL [J" S('j/Yt< i1 Esmeralda Serrata, Executive Director ,~-; )11:<51' Typc/print witness name /' /.//./E- Approved as to form and legal sufficiency: c ~ (VI We ~ 0 Assistant County'Altorney Signalure Item # Ibb~ CDIIeen fI'1. Greef'LQ... Type/Print Name ~q~nda 1 1"1 IliA L,.;1lc: ~JJ:: Date \ )30 I~ R~~ Deputy Clerk Housing Authority 2007 (2) HOME TBRA Agreement Page 17 of27 16D6 EXHIBIT "A" SCOPE OF SERVICES HOME COLLIER COUNTY HOUSING AUTHORITY (2007 TENANT BASED RENTAL ASSISTANCE-TBRA) THE SPONSOR AGREES TO: A. PROJECT DESCRIPTION: The Collier County Housing Authority (CCHA) proposes to administer the Tenant-Based Rental Assistance Program (TBRA) for the purposes of providing approximately 38 familieslhouseholds with assistance for the payment of rent, securily deposits, and utility deposits. TBRA will be modeled after the Sponsor's existing Section 8 Housing Choice Voucher Prol,,'ram. The maximum amount of funds for the security deposit may not exceed two months rent for the unit and can only be applied for by the tenant. A written agreement regarding the terms and conditions of the security deposit must be developed and maintained by the SPONSOR for review by Housing and Human Services staff. Utility deposit assistance may be provided in conjunction with a security deposit and/or monthly rental assistance. In addition, the utility deposit assistance may be used only for utilities permitted under the Section 8 utility allowance. *******NOTE***** At least 90% of the total clients assisted must be at or below 60% of the area median income for Collier County and the remaining 10% can not exceed 80% of the area median income for Collier County. This grant funding will be used to provide up to one (1) year of rental assistance to eligible participants. Preference may be given to homeless individuals or families. The SPONSOR will be responsible for the ti)llowing: The SPONSOR will provide HHS a specific working budget with tasks and a realistic timetable as relates to all HOME and non-HOME funds and shall be submitted to HHS within thirty (60) days of the agreement approval. The SPONSOR will be responsible for the creation and maintenance of income eligibility files on clients served and documentation that all households are eligible under HUD Income Guidelines. Prior to occupancy, the SPONSOR shall require income qualification and proof of legal residency for all households. The SPONSOR shall maintain these files for HHS staff review upon request. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). Housing Authority 2007 (2) HOME TBRA Agreement Page 18 of27 Exhibit A, Continued 16D6 B. BUDGET: Tenant Based Rental Assistance for approximatelv 38 participants Line Item: HOME Funds Rent $234,000 Security Deposit 14,000 Utilities 2,000 Total HOME Funds $250,000 Non-HOME Funds: Marco Island Affordable Housing Trust Fund 116-138711 10% Administration Costs $ 25,000 Total Project Cost: $275.000 C. STAFFING: Provide list of staff directly responsible for reporting and request for payment processmg. D. BONDING REOUIREMENTS: The SPONSOR shall comply with the requirements of OMB Circular A-11O (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. E. FORMER PROJECTS: Failure to adequately maintain any former HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HOME funds. F. WORK SCHEDULE: The time frame for completion ofthe outlined activities shall be: Eligible Activity Start Dates Target Dates Rental Assistance January 1, 2009 June 2009 Security deposit Assistance January 1,2009 June 2009 Utility Assistance January I, 2009 June 2009 NOTE: Target dates are in effect for program monitoring requirements only, and as such, are used by HOUSING AND HUMAN SER VICES as general target goals rather than strict performance requirement.\'. G. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is paid with HOME funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The prob'fess reports shall be submitted on the form Exhibit "E". The progress reports shall be used as an addilional basis for HHS's approval of invoices, etc. for reimbursement. Housing Authority 2007 (2) HOME TBRA Agreement Pagel90f27 16D6 H. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICA TORS Safe decent, Affordable Housing by Provide homeless persons Funding will provide affordable, rental providing approximately or persons on verge of approximately thirty- housing thirty-eight (38) homelessness an eight (38) participants participants with rental, opportunity to safe, decent with rental and utility security, and utility and affordable rental assistance assistance housing 1. DA VIS-BACON ACT: The SPONSOR shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SPONSOR 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). J. COMPENSATION: The County shall reimburse the SPONSOR for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports, but not more frequently than once per month. A progress payment can be made for any eligible activity listed in the contract as approved by HHS. If approved by HHS, the SPONSOR may be reimbursed as the project progresses prior to final completion of assisting the participants. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stat. otherwise known as the "Local Government Prompt Payment Act." End of Exhibit A Housing Authority 2007 (2) HOME TBRA Agreement Page 20 of 27 EXHIBIT "B" 16D6 COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Collier Countv Housing Authority, Inc. SPONSOR Address: 1800 Farmworker Way, lmmokalee, FL 34[42 Project Name: Tenant Based Rental Assistance (TBRA) Project No: HM07-07 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 275,000.00 2. Sum of Past Claims Paid on this Account $ 3. Tota[ Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of To day's Request $ 6. Current Grant Balance (Initial Grant Amount A warded Less Sum of all requests) $ I certify that this request for reimbursement has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Reimbursement is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approva[ authority under $ [4,999) (approval required $15,000 and above) End of Exhibit B Housing Authority 2007 (2) HOME TBRA Agreement Page 21 of27 16D6 EXHIBIT "c" ADDITIONAL HOME GRANT REOUlREMENTS A. The designated HOME-assisted units of this PROJECT will meet the affordability requirements as found in 24 CFR 92.252 (rental). The SPONSOR shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate-income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. The HOME program requires tenant income certification to ensure that thev arc income-eligible and the proiect is in compliance with initial occupancv requirements. Tenant Income MUST be re-examined annuallv, and submitted to Housing & Human Services. B. In the selection of occupants for PROJECT units, the SPONSOR shall comply with all non- discrimination requirements of 24 CFR 92.350. Such procedures are subject to approval by HHS. The SPONSOR will implemenl affirmative marketing procedures as required by 24 CFR 92.351. Such procedures are subject to approval by HHS. C. The SPONSOR shall assure compliance with 24 CFR 92.251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. The SPONSOR must provide documentation approved by HHS regarding match for purposes of the HOME prob'Tam. Match is required for this activity. End of Exhibit C Housing Authority 2007 (2) HOME TBRA Agreement Page 22 of27 16D6 EXHIBIT "D" INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Housing and Human Services Department, 3050 Horseshoe Drive North, Suite 110, Naples, Florida 34104, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (a) - (c) above, a Certificate of Insurance must be provided as follows: (d.) Professional Liability Insurance in the name of the SPONSOR or the licensed design professional employed by the SPONSOR in an amount not less than $300,000 per occurrence providing for all sums which the SPONSOR and/or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in (a) - (d) above, the SPONSOR shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: (e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SPONSOR. Housing Authority 2007 (2) HOME TBRA Agreement Page 23 of 27 16D6 Exhibit D, Continued (f.) Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: (g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. (h.) Property Insurance coverage on an '"All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payce with respcct to this coverage A.T.I.M.A. (i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. End of Exhibit D Housing Authority 2007 (2) HOME TBRA Agreement Page 24 of 27 16D6 EXHIBIT "E" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the 1 (j" of the following month. Status Report for Month of Submittal Date: Project Name Tenant Based Rental Assistance (TBRA) Project Number HM07-07 Activity Number 267 SPONSOR: Collier Countv Housing Authoritv. Inc. Contact Person Angela Edison Telephone: 732-0732 Fax: 657-7232 E-mail: Edisonccha@ao1.com l. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. Housing Authority 2007 (2) HOME TBRA Agreement Page 25 of 27 16D6 Exhibit E, Continued 6. New leases executed this month (if applicable): Name, Address, and Unit Number of Applicant Rent/Security Utility Deposit Deposit 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits "households" or "persons"). households or persons. Please circle one category (either Enter the number o/beneficiaries in the blank space and in box "I. " INCOME Of the households or persons assisted, current Median Family Income (MFI). are extremely low-income income (0-30%) ofthe Enter this number in box "2. .. Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MF!). 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 number in box "5" below. Female Head of Households REGARDLESS of income. Enter this BOX I BOX2 BOX] BOX4 BOX5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Illl.;ome Low Income (51-BO%) Household Assisted (0-30%) 01-50%) i Housing Authority 2007 (2) HOME TBRA Agreement Page 26 of27 16D6 Exhibit E, Continued SPONSOR must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 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 Ethnicitv Beneficiaries Race # Total # Hisnanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian! Alaska Native and White Asian and White Black/African American and White American Indian!Alaskan Native and Black/African American Other Multi-Racial TOTAL: End of Exhibit E Housing Authority 2007 (2) HOME TBRA Agreement Page 27 of 27