Agenda 10/14/2008 Item #16D23Ager;ja Itterti Nlo. 1 iD 3
October 14, 2003
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign a subrecipient agreement providing for a :8246,000.00 Housing and Urban
Development (HUD) grant to LaneMark Investments, Inc. who will undertake the construction
and development of thirty -six (36) affordable workforce housing units known as The
Townhomes at Esperanza which will be located on Myrtle Lane, Naples, FL.
OBJECTIVE: To provide a Home Investment Partnership Program (HOME) grant in the amount
of $246,000 to LaneMark Investments, Inc. for expenses and fees incurred in the construction and
development of thirty -six (36) townhomes known as The Townhomes at Esperanza.
CONSIDERATIONS: The Collier County Housing & Human Services Department proposes to
provide $246,000.00 from HOME funds for a grant to LaneMark Investments, Inc. for expenses and
fees incurred in the construction and development of thirty -six ( w�36) tonhomes known as The
Townhomes at Esperanza.
This project will consist of the expenses and fees incurred in the construction and development of
thirty -six (36) affordable workforce housing units known as The Townhomes at Esperanza on a six
acre tract of land. These 36 units will target households seeking affordable workforce housing and
earning 80% or less of area median income. Funding in the amount of TWO HUNDRED FORTY
SIX THOUSAND DOLLARS ($246, 000) will be allocated from HOME funding.
On April 22, 2008 the Board of County Commissioners adopted Resolution -No. 2008 -121
approving the submission of the One -Year Action Plan for FY 2008 — 2009 to HUD. This Action
Plan provided a summary of the projects to be funded between July 1, 2008 and June 30, 2009. The
project included in this agreement was approved as part of the FY 2008 -2009 Action Plan.
FISCAL IMPACT: Approval of this agreement will provide a HOME `rant in the amount of
$246,000.00 to LaneMark Investments, Inc. No general funds are being utilized in this HOME
project.
GROWTH MANAGEMENT IMPACT: This grant will allow LaneMark Investments, Inc. to
construct thirty -six (36) affordable workforce housing units known as The Townhomes at
Esperanza on a six acre tract of land. This project is consistent with the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office.
It is legally sufficient for Board action. (.'MG
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairman to sicn a subrecipient agreement providing for a $246,000.00 grant to LaneMark
Investments, Inc. using HUD Home Investment Partnership Program (HOME) funds.
Prepared by: Rosa Munoz, Grants Coordinator
Housing and Human Services Department
par _ of O
AGREEMENT BETWEEN COLLIER COUNTY
FEWC
LANEMARK INVESTMENTS, INC.
THE TOWNHOMES AT ESPERANZA
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # # M- 08 -UC -12 -0017
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 "LaneMark Investments, Inc." a private for - profit
corporation existing under the laws of the State of Florida, having its principal office at 537 11°i Avenue
South, Naples, Florida 34102, and its Federal Tax Identification number as 11- 3664369 hereinafter referred to
as the "DEVELOPER,�SPONSOR ",
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program
funds from the United States Department of Housing and Urban Development (HUD) as provided by the
Cranston - Gonzalez National Affordable Housing Act, as amended ("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 2008 -2009 for the HOME Program by
Resolution (2008 -121) on April 22, 2008; 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 2008 -2009 for the HOME Program
and the use of the HOME funds for the activities identified in the Plan; and
«11EREAS, the COUNTY and the DEVELOPER/SPONSOR desire to provide the activities specified in this
Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER/SPONSOR to implement such undertakings
of the HOME Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained,
including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto
understand and agree as follows:
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I. DEFINITIONS
(1.) `'COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2.) "HOME" is hereby defined as the HOME Investment Partnerships Program as described in 24
CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839.
(3.) "HHS" means the Housing and Human Services Department of Collier County.
(4.) "DEVELOPER /SPONSOR" means LANEMARK INVESTMENTS INC
(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 County '
m
& Human Services Department of Collier County, the HOME
administering Agency of Collier County. For the purpose of this Agreeent and all
administration of HOME funds, the AGENCY shall act on behalf of the COUNTY in the
execution and fiscal and programmatic control of this agreement. The term "Approval by the
COUNTY" or like term used in this Agreement shall in no way relieve the
DEVELOPERiSPONSOR from an },- duties 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 agn-ees to pay and the
DEVELOPER/SPONSOR agrees to accept as payment in full for all the professional and
tcclumical services rendered pursuant to this .Agreement to complete the WORK as further
defined in Sectlon 1111, Scope Of Work, hereof.
{11.) 'Ak'ORK" - is hereby defined as all the professional and technical services to be rendered or
provided by the DEVELOPER/SPONSOR as described here.
II. SCOPE OF SERVICES
The DEVELOPER, /SPONSOR shall, in a satisfactcn-v and proper manner, as deternnined by HHS, perform the
tasks necessary to conduct the program outline d in Exhibit "A," and shall submit each request for
reimbursement using Exhibit -13- along with the monthly submission of Exhibit -E,- all of which are attached
hereto and made a part hereof.
TIME OF PERFORMANCE
The effective date of this Agreement shall he July I, 2005, and the services of the DEVELOPER. %SPONSOR
shall be undertaken and completed in Light of the purposes of this Agreement. In any event, all services
required hereunder shall be completed by the DEVELOPER, /SPONSOR prior to December 31. 2010. 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 Pali VIII H below.
IV. CONSIDERATION AND LIMITATION OF COSTS
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The DEVELOPER/ SPONSOR shall be reimbursed by the COUNTY using federal funds for allowable costs,
determined by COUNTY, in an amount not to exceed TWO HUNDRED FORTY SIX THOUSAND AND
001100 DOLLARS (U.S. $246,000) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by DEVELOPER/SPONSOR employees, or
shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal
requirements. The DEVELOPER/ SPONSOR shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shalt be handled by the DEVELOPEWSPONSOR
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 110, Naples, Florida
34104, and to the DEVELOPER /SPONSOR when delivered to its office at the address listed on page one (1)
of this Agreement.
VI. SPECIAL CONDITIONS
The DEVELOPER/SPONSOR agrees to comply with the requirements of Title 24 Code of Federal
Regulations, 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 DEVELOP ER;SPONSOR 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 PROTECT ACCORDING TO REQUIRED PROCEDURES
The DEVELOPER /SPONSOR shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with the procedures outlined in
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. No payments will be made until approved by HHS Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
DEVELOPER/SPONSOR shall notify HHS to 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.
DEBARMENT:
In accordance with 24 CFR part 135, the DEVELOPER/SPONSOR certifies that neither it, nor
its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal Department or
agency; and, that the DEVELOPER/SPONSOR shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended
from participating in this covered transaction.
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C. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS
During the performance period f the Agreement, the DEVELOPER/SPONSOR agrees to
comply with any applicable laws, regulations and orders listed below which by reference are
incorporated and made a part hereof. The DEVELOP ERS PONS OR further agrees to a bide by
all other applicable laws.
24 CFR Part 92.206, HOME Investment Partnership Program - The regulations
governing the disbursement of HOME funds.
2. 2.4 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
Ri,,hts 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 VlI 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 rccluiremcrlts of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age T. iiscriminattion 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 Ntr'ater
Pollution Acts.
13. Contract Work - Hours and Safety Standards Act
14. Lead Lased Paint Poisoning Preventive Act
15. Section 504 of the Rehabilitation Act of 1973
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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 /HOME. 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 1 1375 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 Perforn-iance
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. OMIT 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.
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31. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et scat and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
32. 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.
33. 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
tcnns of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
34. 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 oil all sLiGll platters.
35. Dispute Resolution -Prior to the initiation of any action or proceeding permitted by
this Agreement to resoi\ 7 ` c voce the mire s shall '
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faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of SUBRECIPIENT «with full decision - making authority
and by M'VNER'S staff person -vvho would make the presentation of any settlement
reached Burin ;negotiations to OWNER for approval. Failing resolution, and prior to
the comnlencernent 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 -npoil Circuit Court 'Mediator certi ied by the State of Florida. The
mediation shall be attended by representatives of SUBRECIPIENT 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. Fla. Stat.
D. SUBCONTRACTS
Any work or serviecs subcontracted by the DEVELOPER "'SPONSOR shall be specifically by
Nvi-itten contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and re(ulations. Prior to
execution by the DEVELOPER! SPONSOR of any subcontract hereunder, such subcontracts
must be submitted by the DEVELOPER/SPONSOR to HHS for its review and approval, which
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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 DEVELOPER/SPONSOR cost. None of the work or services
covered by this Agreement, including but not limited to consultant work or services, shall be
subcontracted by the DEVELOPER/ SPONSOR or reimbursed by the COUNTY without prior
written approval of the HHS or his designee.
E. AMENDMENTS
This Agreement, along with all exhibits and attaclunents which are hereby incorporated as a
part of this Agreement, may not be modified, amended, or extended orally. 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.
This Agreement 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 DEVELOPER /SPONSOR shall indemnify
and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the DEVELOPER/SPONSOR or anyone employed or utilized by the
DEVELOPER %SPONSOR in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this paragraph. This
section does not pertain to any incident arising from the sole negligence of Collier County. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in section 768.25, Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The DEVELOPER /SPONSOR will include a reference to the financial
support herein provided by HHS in all publications and publicity. In addition, the
DEVELOPERJSPOI`:SOR will make a good faith effort to recognize I-IIIS' support for all
activities made possible with funds made available ender this Aore.ement. The
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DEVELOPER. %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 1ninimuin 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 DEVELOPER/SPONSOR with funds under this Agreement shall be
returned to HHS or the COUNTY. In the event of tennination, the DEVELOPER/SPONSOR
shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by
virtue of any breach of the Contract by the DEVELOPER/SPONSOR, and the COUNTY may
withhold any payment to the DEVELOPER/SPONSOR for set -off purposes until such time as
the exact amount of damages due to the COUNTY from the DEVELOP ERSPONSOR is
determined.
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 A (geement, 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.
?. TERMINATION FOR CON VE;\'IENCE
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 ,vritten notice to the other party.
L.,Pon te.r,'!mation, the COT-NTY shall pay the DEVELOPER'SPONSOR fol, sere✓ ices rendered
pursuant to this through and including the date of termination.
TERMINATION DL ,'Y- TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Cotritnut lity
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effectiv e on the date that HUD specifies.
I. INSURANCE
DEVELOPER /SPONSOR shall obtain and carry, at all times during its performance. under the
Contract Documents, insurancc of the types andin the amounts described herein and further set
forth in Exhibit D to this Agrecmcn.t.
DEVELOPER LIABILITY OBLIG -PION
Compliance with file insurance requirements ill Exhibit D shall not relieve the
DEVELOPER/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 clays after the Board of County Commissioners' approval. If the
Insurance certificate is received %vithin the specified period, but not in the manner prescribed in
these requirements, the DEVELOPER /SPONSOR shall be verbally notified of the deficiency
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and shall have an additional five (5) calendar days to submit a corrected Certificate to the
County.
If the DEVELOPER/SPONSOR fails to submit the required insurance documents in the
manner prescribed in these requirements within twenty (20) calendar days after the Board of
County Commissioners' approval, the DEVELOPER /SPONSOR shall be in default of the
terns and conditions of the contract.
VIII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The DEVELOPER/SPONSOR agrees to comply with OMB Circular A —110 (Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non - Profit Organizations) and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
I. The DEVELOP ER'S PONS OR 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 DEVELOPER/SPONSOR for the
put-pose of this Agreement shall be made available to the COUNTY by the
DEVELOPER /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 Aurecinent shall be surrendered to HHS if requested.
3. The DEVELOPER/SPONSOR shall submit reports as required to assist the COUNTY
in the preparation of HUD Labor Relations, WBE /:VIBE, Equal Opportunity
Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92
4. DEVELOPER /SPONSOR shall submit monthly beneficiary reports to HHS using
Exhibit "C ".
5. The DEVELOPER/SPONSOR shall maintain records showing compliance with the
Davis -Bacon Law, including files containing contractor payrolls, employee interviews,
Davis -Bacon wage rates, and administrative cross- referencing.
DEVELOPER/SPONSOR shall maintain records showing contractor compliance with
the Contract Work Hours and Work Safety Law. Similarly, the
DEVELOPER, SPONSOR shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grunt implementation.
6. Indirect Costs: If indirect costs are charged, the Developer will develop an indirect cost
allocation plan for detennining the appropriate Developer's share of administrative
costs and shall submit such plan to the County for approval, in a form specified by the
County.
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C. PURCHASFNG
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 HOUSING & HUMAN SERVICES. COUNTY. AND HUD
REQUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the
DEVELOPER/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.
E. PRIOR WRITTEN APPROVALS - SUMMARY
(I.j All subcontracts and agreements proposed to be entered into by the
DEVELOPER /SPONSOR pursuant to this Agreement;
(2.} All capital equipment expenditures of S 1,000 or more;
(3.) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes.
Chapter 112.061);
(4.) All change orders; and
(5.) All requests to utilize uncommitted fiinds after the expiration of this agreement for
programs described in Exhibit A, and
(6.) All rates of pay and pay increases paid out of HOME funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTJQ S
Non -profit organizations that expe;id 5500 Ooo or more annually in federal awards shall have a
single or program- spccitic audit conducted for that year in accordance with OMB A -133. Non-
profit organizations expending federal a��'ards 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. DEVELOPER/SPONSOR's who will be receiving._ or who have received, federal awards
for loans or loan guaranteed programs with may be required to conduct audits of those
.Ugrams in accordance witli regulations of the federal aue;',cies providing those guarantees or
loans. `
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 inust
be available for review (e.(-,., inspections, evaluations). These agencies are required by HHS to
submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose,
v
instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in
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accordance with federal laws and regulations governing the program in which they participate.
Records must be available for review or audit by appropriate officials of federal and County
agencies.
3. When the requirements of OMB A -133 apply, or when the DEVELOPERSPONSOR elects to
comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal
awards attributable to this contract have been received by the DEVELOPER/SPONSOR. Each
audit shall include a fiscal review, which includes a validation of all program- generated income
and its disposition, especially attributable to HOME funds, an internal control review, and a
compliance review as described in OMB A -133. A copy of the audit report in triplicate must
be received by HHS no later than six months following the end of the
DEVELOP ERSPONSOR's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of OMB A -133 do not
apply or are not elected, the DEVELOPER/SPONSOR may choose to have an audit performed
either on the basis of the DEVELOPERSPONSOR'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 in
triplicate must be received by HHS no later than six months following each audit period.
5. The DEVELOPER/SPONSOR shall maintain all contract Records in accordance with generally
accepted accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the County
pursuant to the terms of this contract.
6. The DEVELOPER /SPONSOR shall maintain all Contract Records that document all actions
undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract.
The DEVELOPER /SPONSOR shall ensure that the Contract Records shall be, at all times,
subject to and available for full access and review, inspection, or audit by County and federal
personnel and any other personnel duty authorized by the County.
The DEVELOPER /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 sl;all, 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 DEVELOPEWSPONSOR 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 frorn service fees, sale of commodities, and rental or usage fees. The
D �jE nPERicn r.rc n r rl :i:, Ill a a , ..
E L S O..vOR sna- . report its plan, to utillizc such iriCoriie tG ii IS, and saru plait
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shall require the prior written approval of the HHS 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 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 DEVELOPER/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 DEVELOPER/SPONSOR
requests to utilize uncommitted funds.
GRANT CLOSEOUT PROCEDURES
DEVELOPER /SPONSOR'S obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but not 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 DLVELOPERSPONSOR agrees that no person shall on the -,round of race, color,
disability, national oriain is i�(lion, age, familial status, or sex be excluded fi-onl the benefits of,
or be subjected to. discrimination under any activity carried out by the performance of this
Aurccmeiit. Upon receipt of "n idence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
To the greatest extent feasible, residents of the project areas shall be given
opportunities for and to the greatest feasible extent eligible business
concerns located Iii or in substantial part 'by persons residing it, the project areas shall be
awarded contracts in connection the pro_ ject. The DEVELOPER,'SPONSOR shall comply
with the Section ; Clause use of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL__ AND Tv- IINORITY / %VOMEN- 0",NED BUSINESS
L- NTERPRISE.S
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the DEVELOPER-`SPONSOR shall make a positive effort to utilize small business
and business enterpriscs 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 maxiilluln extent teasible these small business and minority /. N,,omen-
�1`diied biiSiiiess ciitll t�'iIS�.> Siiaii 0is iiiCated Nil Or o \i'ii C;d b)' rGsId CntLS of tiic HOIt-YE areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (� 1 ° J) of the beneficiaries of a project funded through this Agreement
must be very lml,'. low- income persons. If the project is located in an entitlement city. as
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defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
DEVELOPER/SPONSOR shall provide written verification of compliance to HHS upon HHS'
request.
D. EVALUATION AND MONITORING
The DEVELOP ERSPONSOR 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, comparisons of planned versus actual progress relating to project
scheduling, budgets, audit reports, and output measures. The DEVELOPER/SPONSOR agrees
to furnish upon request to HHS, the COUNTY or the COL'NTY's designees and make copies
or transcriptions of such records and information, as is determined necessary by HHS or the
COUNTY. The DEVELOPER/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 DEVELOPER/SPONSOR shall allow HHS or HUD to monitor the
DEVELOPER/SPONSOR on site. Such site visits may be scheduled or unscheduled as
determined by HHS or HUD.
E. CONFLICT OF INTEREST
The DEVELOPER/SPONSOR covenants that no person who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the DEVELOPER /SPONSOR. Any possible
conflict of interest on the part of the DEVELOPER /SPONSOR or its employees shall be
disclosed in writing to 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 provided for employment 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 DEVELOPER /SPONSOR certifies that it, its affiliates,
suppliers. subcontractors and consultants who will perform hereunder, have not been placed on
the convicted vendor list maintained by the State of Florida Department of Management
Services within the 36 months immediately preceding the date hereof. This notice is required
by Section 287.133 (3)(a), Fla. Stat,
G. DRUG -FREE WORKPLACE REQUIREMENTS
The DEVELOPER /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.
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H. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
?. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying ". in accordance with its instructions.
3. The undersianed 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) that all
DEVELOPER'SPONSOR'S shall ceiiify and disclose accordingly.
REAL PROPERTY
An), real property acquired by the DEVELOPER/SPONSOR for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation .assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,
shall be subject to the pro,,-isjons of the CDBG.'HONIE Regulations including, but not limited
to, the provisions on use and disposition of propert }�. Any real property within the
DEVELOPER;'SPONSOR's control, wilicll is acquired or improved in whole or part with
CDBG,HOA;E funds in ccss c i
XI.
2 n
yr �J
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 DEVELOPER/SPONSOR shall assure that for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation). If appropriate, a letter of map amendment
(LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the
cost of said flood insurance.
C. LEAD -BASED PAINT
The DEVELOPER/SPONSOR agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -Based
Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such
regulations pertain to all HUD - assisted housing and require that all owners, prospective
owners, and tenants of properties constructed prior to 1978 be properly notified that such
properties may include lead -based paint. Such notification shall point out the hazards of lead -
based paint and explain the symptoms, treatment and precautions that should be taken when
dealing with lead -based paint poisoning and the advisability and availability of blood lead level
screening for children under seven. The notice should also point out that if lead -based paint is
found on the property, abatement measures might be undertaken.
D. HISTORIC PRESERVATION
The DEVELOPER/SPONSOR 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
affected thereby if such
applicable law.
A�nreement is held invalid, the remainder of this Agreement shall not be
remainder would then continue to conform to the terms and requirements of
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XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the DEVELOPER /SPONSOR shall transfer to the COUNTY any
HOME funds on hand at the time of expiration, 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 DEVELOP ERSPONSOR 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 570.200(j) specifies the limitations on HOME funds, and is herein incorporated by reference.
In addition, any DEVELOPER,/SPONSOR that can be considered to be a religious organization shall
abide by all portions of 24 CFR 92.257.
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 "'hich shall be decried to be an
original, and such counterparts will constitute one and the same instrument.
XV. ENTIRE UNDERSTANDING
This AgrCeiIieiit and its pi0visioils MC!'(1c r. %' ior £:-reeii -mits, if ally, t)etw'een the parties hereto and
constitutes the entire understandin -g. The parties hereby acknowledge that there have been and are no
representations, w'arrainties, covenants. or undertakings other than those expressly set forth herein.
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-E" �Jf Lj
IN WITNESS NVIIERE01", the DEVELOPER/SPONSOR and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this October 14, 2009
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
M
Dated:
(SEAL)
PA, - � - ,
rirsMt }}Witte ss
.. 0[�snp-eWil
Type/j2Kint�vitne<,,s name
Second V71tiless
Type/print witness name
Approved as to forin and
legal sufficiency:
Assistant County Attorney Signawre
Type /'Print Name
In
Tom Henning, Chairman
LANEMARK INVESTMENTS., INC.
Subrecipient Signature
Mark Klonowski, Vice President c';, CFO
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The To-willionies at Esperanza
A
EXHIBIT "A"
SCOPE OF SERV10ES
HOME
LANEMARK INVESTMENTS, INC.
CONSTRUCTION AND DEVELOPMENT
THE TOWNHOMES AT ESPERANZA
THE DEVELOPER /SPONSOR AGREES TO:
A. PROJECT DESCRIPTION:
LaneMark Investments, Inc. will undertake the construction and development of thirty -six (36)
affordable workforce housing units known as Townhomes at Esperanza on a six acre tract of
land. These 36 units will target households seeking affordable workforce housing and earning
80 0/'0 or less of area median income. Funding in the amount of T\N"O HUNDRED FORTY SlX
THOUSAND DOLLARS (5246, 000) will be allocated from HOME funding for expenses and
fees incurred in the construction and development phase of this project.
The DEVELOPER/SPONSOR shall submit to Housing & Human Services a certification that
all households meet incorne qualification and legal residency requirements prior to full
occupancy. 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).
Final completion date shall be no Iater than December 31, 2010.
The DEVELOPER'SPONSOR ��, i11 be responsible for the following,:
The DEVELOPER %SPONSOR will provide a specific «vorkina bud�,ct ��,ith tasks and a realistic
timetable as relates to all HO'\4E and non -HOME funds and shall be submitted within thirty
(30) days of the approval. If documents are not received, requests for payments will
not be processed. The DEVELOPER/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.
If applicable:
Posting of visible signagc at the work site idea7tifying the funding source(s) as mentioned in
section VII part G.
NOTE 1: The DEVELOPER/SPONSOR shall submit its bid package, proposed bid system and
dra\�'itigsispecifications to HHS and obtain approval prior to bidding the construction work.
The final "u"'), Of ., ;fS to ?,e constructed must t ' ' uHS staff if a significant
of z �.� c ,� u� mu;< <�e ar,pro,�eu ,�y
change in units constructed chancres. A significant change is any change -eater than a 10' o
deviation from the 36 units.
NOTE 2: The DEVELOP ER SPONSOR shall prioritize the N,vork in the Project, and shall bid
such work in a sealed bid runner that would allow the receipt of itemized costs from bidders,
which ,vould then allow the award of items that can be funded by the budget. The
DEVELOPER /SPONSOR shall require a bid band, 1004,;, payment bond, and 100%
performance bond for any contract that exceeds 8100.000.
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Exhibit A, Continued
NOTE 3: The DEVELOPERSPONSOR shall not award the construction contract for the
Project until sufficient funding is available to complete the established scope of work. The
DEVELOPER /SPONSOR shall obtain HHS's approval prior to awarding the construction
contract to be funded through this agreement. After awarding such contract the
DEVELOP ER'SPONSOR shall submit bid minutes to HHS. HHS's approval is required prior
to executing any change orders to such contract.
NOTE 4: The DEVELOPER/SPONSOR shall not request reimbursement from HHS for
materials or equipment received and stored on the project site or elsewhere. The
DEVELOPER/SPONSOR shall only request reimbursement for materials and equipment that
have been installed.
The DEVELOPER/ SPONSOR further agrees that HHS, in consultation with any parties HHS
deems necessary, shall be the final arbiter on the DEVELOPEWSPONSOR's compliance wit11
the above.
B. BUDGET: Construction and Development- (HOME)
Line Item:
Inspection Fees
Construction
Insurance
Building Permits /Impact Fees
Legal Fees
Contingency (��L5%
Market Study
Subtotal Construction
Marketing & Advertising
General Development Costs (Sgft)
Soil Test Report
Accounting Fees
Survey
Appraisal
Utility Connections
Architect Fees
Contingency (iO%
Builders Risk Insurance
Subtotal General Dev Costs
Construction Cost Analvsls
Subtotal Dev Costs
Engineering Fees & Platting
Environmental Fees
'total
$246,000
If indirect costs are charged, the DEVELOPER/SPONSOR will develop an indirect cost
allocation plan for determining the appropriate DEVELOPER /SPONSOR share of
adminisirativc costs and shall submit such plan to the County for approval, in a form specified
by the County.
C. STAFFING: Provide list of staff directly responsible for reporting and request for payment
processing.
D. BONDING REQUIREMENTS: The DEVELOPER/SPONSOR shall comply with the
requirements of OMB Circular A -110 (1- `niforn7 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.
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Exhibit A, Continued
F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone
Deadline
Design and related soft costs
December, 2009
Construction
! December, 2010
Completion
December. 2010 i
Please note that if any o f these activities exceed the timelines by two 111onths a revised work
schedule must be submitted to HHS.
G. REPORTS: The DEV ELOPERISPONSOR 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 DEVELOPEIZ/SPONSOR is paid with HOME funds, in part or
in whole, and which is required in fulfillment of their obligations regarding the Project. The
progress reports shall be submitted on the form Exhibit "E ". The progress reports shall be used
as an additional basis for HHS's approval of invoices, etc. for reimbursement.
After funding is expended, the monthly reporting requirements remain until 51% of the
units are occupied.
H. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES
I ACTIVITY
INDICATORS
DECENT HOUSING Affordable housing
Construction development
Number of new
Low- moderate clientele through the creation of
24 CFR 670.208(a)(2)
j of 36 new single- fallllly
housing units built
thirty -six (36) housing
housing units.
(36).
units.
1713 InfrastrUcture
Development
DAVIS -BACON ACT: The DEVELOPER/SPONSOR shall request the County to obtain a
Davis -Bacon wage decision for the project prior to advertising the construction work. The
DEVE LOPE R/SPONSOP, shall incorporate a cope of the Davis -Bacon wage decision and
disclose the requirements of the Davis -Bacon .pct in its construction bid solicitation and sub -
contraet(s).
COMPENSATION: "hhe County shall reimburse the DEVELOPER /SPONSOR for the
perforniance 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 as
identified in Section G. Pa�,ments shall be made to the DEVELOPER'SPONSOR when
requested as wort: progresses, but not more frequently than once per month. Adherence to the
work schedule identified in Section F will he required, unless modified in writing by the
parties. Payment will be made upon receipt of a proper invoice and in compliance with Section
1x.70, Fla. Stats. otherwise known as the '-Local Government Prompt Payment Act ".
End of Exhibit A
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October 14 210 �8
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EXHIBIT "C'
ADDITIONAL HOME GRANT REQUIREMENTS
No additional HOME requirements for this agreement
End of Exhibit C
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EXHIBIT "D"
INSURANCE REQUIREMENTS
The DEVELOPER /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
5300,000 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 5300,000 per
occurrence for combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in (1) - (3) above, a Certificate of Insurance must be
provided as follows:
(d.) Professional Liability Insurance in the name of the I_)EVELOPER/SPONSOR or the
licensed desi,n professional employed by t'.ic DEVELOPER)SPONSOP. in an
amount not lcss tltail �30(i3Oi10 15er Occurrttiuc provlditl for all SLit11S wlileh the
DCVCLOPERSPONSOR andlor the desi ,n professional shall become IcL�ally
obligated to pay as damages fro claims arising out of the services performed by
tine DEVELOPER.'SPONSOR or any person cmpioyed by the
UEVELOPER;'SPONSOEZ in connection %, ith this contract. This insurance shall be
maintained for a period of tWO (2) years alter the certificate of Occupancy is
issued.
CONSTRUCTION PHASE (IFAITLIU .BL1 )
In addition to the insurance required in (1) - (4) above, the DEVELOPER'SPONSOR shall
provide or cause its Subcontractor, to provide ori-Orial policies indicating the followin
t', -pes of' covera�fe phor, to any construction:
(e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100 11,'0) percent of the insurable value of the building(s)
or stlucture(s). The policy shad be in the name of Collier County and the
DEVELOPER, RSPONSOR.
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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 payee with respect to this coverage A.T.I.M.A.
(i.) Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of
coverage available through the National Flood Insurance Program (NFIP). The
policy must show Collier County as a Loss Payee A.T.I.M.A.
End of Exhibit D
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"ATTACHMENT E"
HOME MONTHLY PROGRESS REPORT
Complete.form.for past month and submit to Housing & Human Services staff by the 10"' of the folloning
month.
Status Report for Month of Submittal Date:
Project Name
Project Number HM08- Activity Number
DEVELOPER /SPONSOR:
Contact Person Mark Klonowski Vice President & CFO
Telephone: 239- 777 -0002
E -mail:
Fax: 239- 543 -2630
1. Activity Status /Milestones (describe an_y action taken, relating to this project, during the past
month):
2. NN "hat events!actions are scheduled for the next two months?
3. Describe an altirnladve marketing yon have implemented regarding this project. Please list
and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this
project.
5. Identify any potential issues that may cause delay.
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Exhibit E, Continued
6. New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions on
following page)
Ethnicity
(see definitions on
following page)
BOX I
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Exuemcly
Very
Low Inceine
Female Fiead of
7. For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank spaces and in the chart below. Complete the below
chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous
months. You may provide data by either households or persons served. However, if one person
received TWO services this counts as TWO SERVICE UNITS:
6.
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either
"households" or "persons"). Enter the number of beneficiaries in the blank space and in boy.
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 munber in box "3. "
Of these households or persons assisted, are low - income (51 -80 %) of the current Median
Family Income (MFI). Enter this nz.anber in box "4. "
1V0TE: The total of boxes 2, 3 and 4 Nhould equal the number in box 1.
FENIALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this
number in box "5 " below.
DEF LOPER must indicate total henefciaries for Race FIND Ethnicity
LaneMark Investinents, Inc. Page 26 of 27
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The Townhotnes at Esperanza
BOX I
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Exuemcly
Very
Low Inceine
Female Fiead of
Households or Persons
Low hicome
Low Income
151 -8(%)
Household
Assiated
(0 -30 °�)
(31
DEF LOPER must indicate total henefciaries for Race FIND Ethnicity
LaneMark Investinents, Inc. Page 26 of 27
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The Townhotnes at Esperanza
Exhibit E, Continued
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 lslandcr: A person having origins in any of the original people of Hawaii,
Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
Tahatation Table of Race and Ethnicity Beneficiaries
Race
# Total
H =ain�i—c
hite
Other Multi- Racial
Black or African An-ten can
Asian
j American Indian or Alaskan Native
Native Hawulian or Other Pacific Islander - - - --
—
:`]111 6111 -all lilulatG Hiri h�i i1`NiiVC l: 71 FI Al !1.11^ I
Asian and '%'bite
Black /African American and White
American India tvl- �iaskan?vative r�ltcl Dlack;'African.a7nerican
- --
Other Multi- Racial
IU1AL:
End ot'Exhibit E
LanclAark Investments, Inc. Paue ? 7 of 27
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The Townhomes at Esperaaza
Paae I of I
r
D 2 3
41 2003
COLLIER COUNTY
B 0 A R D Car 0 0 UNF TY --0.' i [011 S S 10 NE FS
Item Number: 16D23
Item Summary: Recommendation that the Board of County Corirrissione,'s approve and authorize the
Chairman to sign a subrecipient agreement providing for a S246,D00.00 Housing and Urban
Development (HUD) gran, to Lanerlark Investments, Inc. who w,11 undertake the construction
and development of thirty-six (36) affordable workforce h,)L!Sirg units known as The
I ownriornes at Espean-za which will be located on Myrtle Lane, Naples, FL.
Meeting Date: 101/1412008 ^zj,0C 00 AM
Approved By
Marcy KrUmbine
Public Services
Director
Housing 8- Human Servi;.cs
Gate
9'2512008 5:13 PI'm
Approved By
>r l S✓-s
rie
Linda Best
Cont -acts Acent
Cate
Administrative Services
PLI-Mla-SiD9
9;26!2005 `2:18 Pry
Approved By
Colleen Greene
Assistant County Atorner
Date
County Attorney
Coury bncwr�y
1:4-1 F'M.
Approved By
Steve carr:,ll
>r l S✓-s
rie
7:
Approved By
V*rla Ramsey
Ee:-,J ,es A,1m,;r-J-s',rator
DM3
Seviccs
20 8 C 14 P 141
Approved By
4P B C C) cr
�Z
Approved By
S,
C 0 u n, tV
Approved By
James V. Nludd
Eciard of Cou,:�i':y
file://C:\A2endaTest\ExDort\1 14-October%2014.%202008\ I 6.%2000-,NSENT%20AGEND... 10/8/2008