Backup Documents 11/12/2024 Item #16D 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIIf 6 D 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Carrie Kurutz Community and Human CK 11/22/24
Services
2. County Attorney Office County Attorney Office
di4 # 1((7 072' )
3. BCC Office Board of County
Commissioners }/,,,4 1 / 0y �-
4. Minutes and Records Clerk of Court's Office ((
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Carrie Kurutz,Grant Coordinator, Phone Number 239-252-2644
Contact/ Department Conlm_u t_L.0 an Services
Agenda Date Item w October 22,202 j Number 16.11
Approved by the BC
Type of Document Agreement ARP21-26 between Collier Number of Original 3 copies of ARP21-26
Attached County and Renaissance Hall Senior Documents Attached
Living,LLLP
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? CK
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. CK
3. 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. CK
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board CK
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. CK
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. CK
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines! CK
8. The document was approved by the BCC on-fitT37721 and all changes made during the N/A is not
meeting have been incorporated in the attached documen . The County Attorney's �/� '/ an option for
Office has reviewed the changes,if applicable. id ZZ f'L`f 5 (A.J this line.
9. Initials of attorney verifying that the attached documen is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the sito'a6 an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16D ?
Instructions
1) There are three (3) original Contracts. Please return two (2) Chairman signed Contracts to:
Carrie Kurutz
Grant Coordinator I
Collier County Government I Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 213
Naples, FL 34112
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16D 7
MEMORANDUM
Date: November 25, 2024
To: Carrie Kurutz, Grants
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Renaissance Hall Senior Living, LLP (Agreement #ARP21-26)
Enclosed please find three (3) originals of each document referenced above (Agenda
Item #16D7), approved by the Board of County Commissioners on Tuesday, November
12, 2024.
The Minutes & Records Department has retained an original as part of the Board's
Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosure
16D 7
FAIN# SLT-1 155
Federal Award Date March II,2021
Federal Award Agency Department of Treasury
ALN Name Coronavirus Local Fiscal
Recovery Fund
ALN# 21.027
US Treasury Expenditure EC2.15
Category
Collier County Recovery CC4.4
Plan Project Number
Total Amount of Federal $538,357.00
Funds Awarded
SUBRECIPIENT Name Renaissance Hall Senior
Living,LLLP
UEI# S8I KUBG2LE57
FEIN 88-1927267
•
R&D No
Indirect Cost Rate No
Period of Performance December 29,2022—
September 30,2026
Fiscal Year End 9/30
Monitor End: March 30,2046
AGREEMENT BETWEEN COLLIER COUNTY
RENAISSANCE HALL SENIOR LIVING,LLLP
American Rescue Plan(ARP)Act
Local Fiscal Recovery Fund
41
THIS AGREEMENT is made and entered into this2'2, day of iJ:.tdJ' er 2024, by and between
Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at
•
3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Renaissance Hall Senior Living, LLLP.,
(SUBRECIPIENT), having its principal office at 19308 SW 380th Street, Florida City, Florida 33034 c/o
P.O.Box 343529,Florida City, Florida 33034.
WHEREAS,Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed
into law on March 11,2021.Included in the legislation was$350 billion Coronavirus State and Local Fiscal
Recovery Fund(SLFRF);and
WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury
Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP),
pursuant to the Coronavirus State and Local Fiscal Recovery Fund(SLFRF),Section 603 (c)of the Social
Security Act;and
WHEREAS,pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities
to assist the community in navigating the impact of the COVID-19 outbreak;and
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page I
Impact Fees
G�01
1 6 D 7
WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the
SUBRECIPIENT, is qualified to receive Program funding;and
WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines,
which includes Goals,Expenditure Categories,Evidence-basis,and Key Performance Indicators(KPI)that
impact the present project;and
WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking of the American Rescue Plan(ARP)project.
NOW,THEREFORE, in consideration of the covenants and agreements herein contained,
and for other good and valuable consideration, the Parties hereby agree that the COUNTY will
provide a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms,
covenants, and agreements herein set forth.
PART I
SCOPE OF WORK
SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official
COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the
tasks necessary to conduct the program as follows:
Project Name: American Rescue Plan-Collier County Affordable Housing
Description of project and outcome:This project,on the site of the former Golden Gate Golf Course
in Collier County,will cover reimbursement of eligible pre-development costs associated with the
delivery of up to 120 new affordable housing units of senior housing. This will include but is not
limited to certain impact fees,as imposed through a 99-year Collier County Standard Form Long-
Term Ground Lease(Phase II)entered into on March 26,2024,pursuant to the use of SLFRF funds
and responding to the negative economic impact of the pandemic to mitigate increased housing
instability.
Project Component One: Pre-development costs including but not limited to impact fees.
US Treasury Expenditure Category: EC2.15
Collier County Recovery Plan Project Number: ARP21-26
Evidence Basis:No
1. Project Tasks:
a. Task 1: Implement eligible pre-development activity for affordable housing
development to increase long-term housing security.
2. ARP Documentation Requirements Compliance Criteria:
A. Activities carried out with funds provided under this Agreement will contribute to a
program designed to:
RENAISSANCE HALL SENIOR LIVING,LLLP
•
ARP21-26 Page 2
Impact Fees
,CP°.I
16D 7
a. Develop affordable housing to increase long-tern housing security and
respond to the negative economic impacts of the pandemic on households and
communities.
b. Involve large expenditures and capital investments for the sum of all
agreements related to both Phase I and Phase I1 of this project totaling more
than $10,000,000 to increase the supply of long-term affordable housing for
households that experienced associated pandemic impacts under the final rule
and provide written justification for the project.
c. Ensure the project's presumptively eligible use defined by Presumption I (see
Part V)for the development of affordable rental housing with certain income
and affordability requirements.
d. Address that the income limit and 20-year affordability covenant does not need
to apply to specific units, but rather it may specify a number of units within
the development, in which case the covenant should also specify the bedroom
size mix. See"e".
e. Respond to "d" above and to satisfy said requirements pursuant to an
affordability period of 99 years stipulated within the Collier County Standard
Form Long-Term Ground Lease Phase II and satisfy Unit Totals and Types as
specified in Exhibit B (see Exhibit B; Collier County Long-Term Ground
Lease Phase II).
f. Serve households,including but not limited to,at or below 65 percent of AMI
for a period of 20 years or greater.
g. Prioritize SLFRF investments for affordable housing in close proximity to,or
with strong transit linkages to,centers of employment and/or institutions that
provide high quality education or childcare,health care services, and healthy
foods.
h. Develop affordable housing to increase supply of affordable and high-quality
living units responsive to the needs of impacted populations, not only
disproportionately impacted populations.
B. Evidence-Based
While Treasury would prefer an evidence-based program,this project as conceived is
not evidence-based under EC2.15*^. Zero ("0") will be reported quarterly, as
applicable to evidence-based interventions.
1.1 GRANT AND SPECIAL CONDITIONS
Performance under this Agreement is subject to 2 CFR 200,Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards.The obligation of the COUNTY to
make the GRANT is subject to the following conditions precedent.
A. Within sixty(60)calendar days of the execution of this Agreement,SUBRECIPIENT must
deliver to Community and Human Services Division(CHS)for approval a detailed project
schedule for the completion of the project.
B. The following checked policies must be submitted within sixty (60)days of execution of
this Agreement:
Affirmative Action/Equal Opportunity Policy
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 3
Impact Fees
1;
16D 7
• Conflict of Interest Policy
® Procurement Policy
• Davis-Bacon Act Policy
® Uniform Relocation Act Policy
▪ Sexual Harassment Policy
• Section 3 Policy
• Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
• Limited English Proficiency Policy(LEP)
® Violence Against Women Act(VAWA)Policy
• Duplication of Benefits(DOB)Attestation and DOB Policy
• Increasing Seat Belt Use in the United States Policy
® Reducing Text Messaging While Driving Policy
C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the
administration and implementation of the Project established by this Agreement, shall
attend all CHS-offered Subrecipient training, relevant to the Project,as determined by the
Grant Coordinator,not to exceed three(3)sessions.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
{ Description Federal Amount
Project Component 1: Pre-development costs including but $538,357.00
not limited to impact fees.
US Treasury Expenditure Category*:EC2.15
Collier County Recovery Plan Project Number:CC4.4
Total Federal Funds: $538,357.00
* Expenditure Categories are subject to change based on future guidance from the U.S. Treasury
Department.If that occurs,additional reporting requirements may be necessary.
SUBRECIPIENT will accomplish the following checked project tasks:
❑ Maintain documentation of services to persons/businesses in Qualified Census Tract
• Maintain documentation of Performance Outputs
j ® Maintain COVID documentation
• Maintain and provide to the COUNTY, as requested, beneficiary and/or income
certification documentation
❑ Maintain Eligibility Documentation,retained at SUBRECIPIENT location
• Provide quarterly project progress reports
• Ensure attendance by a representative from executive management at scheduled
partnership meetings,as requested by CHS
• Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBRECIPIENT issuance of Notice to Proceed(NTP),if applicable
• Ensure compliance with Environmental Review
• Provide monthly pre-development progress reports until construction commences
❑ Identify Lead Project Manager
▪ Provide Site Design and Specifications
• Comply with Davis-Bacon Labor Standards
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 4
Impact Fees
Cq0
16D 7
• Provide annual Section 3 new hire and/or business certified report accessed through Collier
County Section 3 LCP Tracker or by email.
• Comply with Section 3.14 Program Income
• Access Salesforce web portal to upload Pay Requests, Quarterly Reports, Status Reports,
KPls, Details,and Narratives
•
B. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60)days following
(Section 1.1) Agreement the Agreement execution
Insurance Insurance Certificate(Exhibit A Within thirty(30)days prior to
start of construction and
annually
Detailed Project Schedule Project Schedule Sixty(60)days after Agreement
execution
Project Plans and Specifications Site Plans&Specifications Within sixty(60)days of
Agreement execution or earlier
Subcontractor Log N/A N/A
Davis-Bacon Act Certified Weekly certified payroll report N/A
Payroll or certified non-performing
week(as applicable);jobsite
sign-in sheet(date,employee
signature and job classification),
as applicable
Quarterly,Final,and Annual Quarterly Exhibit C Quarterly,due l0°i of month
Progress Report following end of quarter until
Final Exhibit C Report(Period final Close Out Letter; Final
of Performance Totals) Exhibit C Report,due at time of
last quarterly report;Annually,
Annual Progress Report due by October 3151 after
closeout until the end of the full
Affordability Period
Section 3 Program Section 3 Report:New Hire N/A
Requirements and/or Business,as applicable
Annual Audit Monitoring Exhibit D Within sixty(60)days of
Report Agreement execution and Fiscal
Year(FY)End
Financial and Compliance Audit Audit, Management Letter Annually: nine(9)months after
(Renaissance Hall Senior FY end for Single Audit OR one
Living, LLLP FY End is 12/31 hundred eighty(180)days after
FY end
Capital Needs Assessment Plan Plan Approved by the County Initial Plan due after
construction completion and
annually thereafter by October
315t,until the end of the
Affordability Period
•
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 5
Impact Fees
LP,O
I 6 D 7
Register of Tenant Income and Summary of Tenant Income, Within 30 days after initial lease
Rent Income Limit,Rent and Rent up and annually thereafter by
Limit,by unit(Rent Roll) October 3I',until the end of the
Affordability Period.
Program Income Reuse Plan Plan Approved by the COUNTY Annually through 9.30.26, if
applicable
C. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Pre- Submission of supporting documents Invoices are due
development costs including but must be provided,as evidenced by impact within 30 days of the
not limited to impact fees. fee calculation assessment(or prior month end.
US Treasury Expenditure equivalent),proof of payment(i.e.,
Category:EC2.15 cancelled check and bank statement),
Collier County Recovery Plan notice of commencement,building
Project Number: CC4.4 permit(s),site development plan
permit(s),South Florida Water
Management District(SFWMD)permit,
and any other additional documentation
as requested,along with Exhibit B.
All pay requests under this agreement
must be submitted by September 1,2026.
See Exhibit B:Retainage does not apply
• to this agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall start on December 29,2022,retroactively in accordance with ARP
and Coronavirus Local Fiscal Recovery Appropriation language, and shall end on September 30,
2026, unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults,
Remedies,and Termination. In accordance with 2 CFR 200 Subpart E Cost Principles and Section
215.97(I)(d)Florida Statutes,SUBRECIPIENT may expend funds authorized by this Agreement,
only for allowable costs resulting from obligations incurred during the specific agreement period.
If SUBRECIPIENT complies with all requirements set forth herein,this Agreement shall terminate
on September 30, 2026, whereupon all obligations of SUBRECIPIENT for repayment of funds
shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive
its right to recover any damages arising from or relating to SUBRECIPIENT's breach of any of the
Grant Documents, including but not limited to this Agreement and/or any attachments hereto,
which occurred in whole or in part before said termination.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED THIRTY-EIGHT THOUSAND
THREE HUNDRED FIFTY-SEVEN DOLLARS and ZERO CENTS ($538,357.00) for use by
SUBRECIPIENT during the teen of the Agreement (hereinafter, shall be referred to as the
"Funds"). SUBRECIPIENT may use Funds only for expenses eligible under Section 603(c)of the
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 6
j Impact Fees
(�eA0
16D 7
Social Security Act,specifically the Coronavirus Local Fiscal Recovery Fund,and further outlined
is US Treasury Guidance.
The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to
cover expenses that:
A. Were incurred during the period that begins on December 29,2022 and ends on September
30,2026. Funds must qualify as a necessary expenditure incurred due to the public health
emergency and meet the other criteria of Section 603(c)of the Social Security Act.
B. Examples of eligible expenses include,but are not limited to:
i. Responding to or mitigating the public health emergency with respect to the
COVID-19 emergency or its negative economic impacts;
ii. Providing government services to the extent of the reduction in revenue;
iii. Making necessary investments in water,sewer,or broadband infrastructure;
iv. Responding to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible COUNTY workers that
are performing such essential work,or by providing grants to eligible employers
that have eligible workers who perform essential work.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ARP Funds until needed for eligible costs,and
all disbursement requests must be limited to the amount needed at the time of the request.
• SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred
• from December 29, 2022 through September 30, 2026. Invoices for work performed are required
every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet
prepared to send the required backup,a$0 invoice is required. Explanations will be required if two
consecutive months of$0 invoices are submitted. Payments shall be made to SUBRECIPIENT,
when requested,as work progresses but not more frequently than once per month. Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
Final invoices are due no later than ninety (90) days after the end of the Agreement. Work
performed during the term of the program but not invoiced within ninety(90)days after the end of
the Agreement may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized,in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State,or Federal requirements. Any construction expenditure for changes to
the original contract must be approved by the COUNTY through written Change Order,in advance
of incurring the expenditure. Reimbursements will only be made for expenditures that the
COUNTY provisionally determines are eligible under the ARP. However, the COUNTY's
ii provisional determination that an expenditure is eligible does not relieve the SUBRECIPIENT of
its duty to repay the COUNTY for any expenditures that are later determined by the COUNTY or
Federal government to be ineligible. Except where disputed for noncompliance, payment will be
made upon receipt of a properly completed invoice and in compliance with §218.70, Florida
Statutes,otherwise known as the"Local Government Prompt Payment Act."
•
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 7
Impact Fees
CAO
1 6 D 7
Environmental Review Requirement(ERR)—The 2023 Consolidated Appropriations Act(CAA)
provides that the requirements of the National Environmental Policy Act (NEPA) apply to the
COUNTY's use of SLFRF funds for Title I projects and therefore,the U.S.Treasury environmental
review and approval may be required prior to the COUNTY's use of funds. Accordingly, this
Agreement does not constitute a commitment of funds or site approval.The commitment of funds,
site approval, and/or distribution of funds to SUBRECIPIENT shall not occur until COUNTY
receives approval from the U.S. Treasury, if such approval is found to be required by the U.S.
Treasury.The provision of any funds to the project is conditioned on the COUNTY's determination
to proceed with,modify,or cancel the project based on the results received by the U.S.Treasury.
1.5 DEBT REPAYMENT
Any funds paid to SUBRECIPIENT in excess of the amount to which SUBRECIPIENT is finally
determined to be authorized to retain under the terms of this Agreement that are determined by the
COUNTY or the Treasury Office of Inspector General to have been misused,or are determined by
the COUNTY or Treasury to be subject to a repayment obligation pursuant to section 602(e) and
603(b)(2)(D)of the Act, and have not been repaid by SUBRECIPIENT shall constitute a debt to
the COUNTY.
Any debts determined to be owed to the COUNTY must be paid promptly by SUBRECIPIENT.A
debt is delinquent if it has not been paid by the date specified in COUNTY's initial written demand
for payment, unless other satisfactory arrangements have been made or if SUBRECIPIENT
knowingly or improperly retains funds that are a debt as defined in this section.The COUNTY will
take any actions available to it to collect such a debt.
1.6 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.6 Cost Principles)of this Agreement,SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically
to the project(s) referenced above,as defined in 2 CFR 200.413. SUBRECIPIENT must provide
adequate documentation for validating costs incurred. SUBRECIPIENT must provide adequate
documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and
vendors are conditioned upon compliance with the procurement requirements provided for in
2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and Contractors shall
comply with 2 CFR Subpart E-Cost Principles.
1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,personal delivery,or sent by facsimile or other electronic means.Either party
may change the address to which notices are to be sent to it by giving written notice of such change
to the other party in the manner herein provided for giving notice.Any notice,request,instruction,
or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending.
All notices and other written communications under this Agreement shall be addressed to the
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 8
Impact Fees
CAO
16D
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION:Carrie Kurutz,Grant Coordinator
Collier County Community and Human Services Division
3339 Tamiami Trail East,Suite 213
Naples,Florida 34112
Email:carrie.kurutz@colliercountyfl.gov
colliercountyfl.gov
Telephone:(239)252-2644
SUBRECIPIENT ATTENTION: Steve Kirk,President
Renaissance Hall Senior Living,LLLP
19308 SW 380th Street,Florida City, FL 33034
c/o P.O.Box 343529
Florida City,Florida 33034
Email:stevekirk@ruralneighborhoods.org
Telephone:(305)242-2188
Remainder of Page Intentionally Left Blank
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 9
Impact Fees
CAO
16D 7
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt of
the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute
a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning developer audits.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200,Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200.334, Section
602(c)of the Social Security Act,and Section 119.021,Florida Statutes,to determine compliance
with the requirements of this Agreement, the ARP Program, specifically section 603(c) of the
Social Security Act, and all other applicable laws and regulations. This documentation shall
include,but is not limited to,the following:
A. All records required by ARP regulations.
B. SUBRECIPIENT agrees to execute such further documents as may be required by law or
prepared by the COUNTY to confirm SUBRECIPIENT's Agreement.
C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
D. SUBRECIPIENT shall make available at any time upon request by COUNTY or CHS,all
reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail as will properly reflect all net costs,
direct and indirect labor,materials,equipment,supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the provisions of'
this Agreement.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 10
Impact Fees /
(CA0)
16D 7
E. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS or the Treasury, if
requested. In any event, SUBRECIPIENT shall keep all documents and records in an
orderly fashion, in a readily accessible,permanent,and secured location for five(5)years
after the date of COUNTY'S submission of the final performance and evaluation report to
HUD,as prescribed in 2 CFR 200.334,and all Funds have been expended.If any litigation,
claim,or audit is started before the expiration date of the five(5)year period,the records
will be maintained until all litigation,claim,or audit findings involving these records are
resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall
notify the COUNTY in writing,of the address where the records are to be kept,as outlined
in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public
records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT's
possession upon termination of the Agreement and destroy any duplicate,exempt, and/or
confidential public records that are free from public records disclosure requirements. All
records stored electronically must be provided to the COUNTY in a format that is
compatible with the COUNTY's information technology systems.
Treasury may request transfer of records of long-term value at the end of the five(5)year
retention period. Wherever practicable,such records should be collected,transmitted,and
stored in open and machine-readable formats.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee(&,,colliercountyfl.gov, 3299 Tamiami Trail E,
Naples FL 34112.
F. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt and/or confidential public records that are free
from public records disclosure requirements are not disclosed except as authorized by
2 CFR 200.337 and 2 CFR 200.338.
G. Notwithstanding any provision in the Grant Documents to the contrary,SUBRECIPIENT
agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder
or under any other Grant Document,or any inaccuracy therein or incompleteness thereof,
shall not in any way alter or affect the absolute and unconditional obligation of
SUBRECIPIENT to pay and perform in full, the obligations set forth hereunder,but any
action taken or not taken by SUBRECIPIENT as a direct result of such lack or delay of
notice,or of SUBRECIPIENT's good faith reliance upon a material inaccuracy therein or
the material incompleteness thereof, as the case may be, shall not in and of itself, and to
the extent thereof, constitute an Event of Default hereunder, so long as the
SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material
contents or substance of such notice, or of the intended substance of any inaccurate or
incomplete notice, as the case may be, and SUBRECIPIENT acts, at all times, in good
•
faith.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page I I
Impact Fccs
IGAO
6D 7
2.3 MONITORING
SUBRECIPIENT agrees that CHS may carry out no fewer than one(1)annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations.SUBRECIPIENT shall,upon the request of
CHS, submit information and status reports required by CHS or the Treasury to enable CHS to
evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow
CHS or the Treasury to monitor SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled,as determined by CHS or the Treasury.
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit, all
•
records,documentation,and any other data relating to all matters covered by the Agreement.
The COUNTY will monitor the SUBRECIPIENT'S performance in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated with all
other applicable laws, regulations, and policies governing the Funds provided under this
Agreement,further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,
will constitute noncompliance with this Agreement. If corrective action is not taken by
SUBRECIPIENT within a reasonable period after being notified by CHS, Agreement suspension
or termination procedures will be initiated.SUBRECIPIENT agrees to provide the Treasury Office
of Inspector General, the Government Accountability Office, the Florida Auditor General, the
COUNTY,the COUNTY's internal auditor(s),or their representatives access to all records related
to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish,maintain,and utilize internal systems and procedures to prevent,
detect,and correct incidents of fraud, waste,and abuse in the performance of this Agreement,and
provide the proper and effective management of all Program and Fiscal activities of the Agreement.
SUBRECIPIENT's internal control systems and all transactions and other significant events shall
be clearly documented, and the documentation shall be readily available for monitoring by
COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all its records,employees,and
agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect,investigate,and prevent
fraud,waste,and abuse.
SUBRECIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False
Claims and Statements,applies to the actions of SUBRECIPIENT and its contractors pertaining to
this Agreement.
SUBRECIPIENT understands that making false statements or claims in connection with this award
is in violation of Federal law and may result in criminal,civil,or administrative sanctions including
fines,imprisonment,civil damages and penalties,debarment from participating in Federal awards
or contracts,and/or any other remedy available by law.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 12
Impact Fees
(CRO/`
A
16D 7
SUBRECIPIENT may not discriminate against any employee or other person who reports to
COUNTY, or to any appropriate law enforcement authority, a violation of the terms of this
Agreement or any law or regulation,if the report is made in good faith.
2.5 WHISTLEBLOWER PROTECTION
a. In accordance with 41 U.S.C. §4712,the SUBRECIPIENT may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
funds,an abuse of authority relating to a federal contract or grant,a substantial and specific
danger to public health or safety,or a violation of law,rule,or regulation related to a federal
contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury;or
vii. A management official or other employee of SUBRECIPIENT, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under
this section,in the predominant native language of the workforce.
2.6 PROGRAM BENEFICIARIES
Funds invested in dwelling units that are assisted with ARP Funds must be occupied by impacted,
or disparately impacted households that qualify as low-income, as defined in Part V of this
Agreement. For rental programs, income certification will be conducted prior to move-in and
annually thereafter. Income eligibility of tenants will be validated with supporting documentation
during interim monitoring,closeout monitoring,and annually during the affordability period.
2.7 DUPLICATION OF BENEFITS
In consideration of SUBRECIPIENT's receipt of Funds from the COUNTY, SUBRECIPIENT
hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received
from any grant, subsidized loan, or insurance policies of any type or coverage, or any
reimbursement or relief program related to or administered by the Federal Emergency Management
Agency, the Small Business Administration, or any other Federal or State program to the extent
that proceeds paid to SUBRECIPIENT under this Agreement,and determined in the sole discretion
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 13
Impact Fees
CAO
6 D
of the COUNTY to be a Duplication of Benefits(DOB).This shall be defined as financial assistance
available to the SUBRECIPIENT that can be used to pay the costs described under Project
Description/Project Budget(Section 1.2.A)for the scope of work described in this Agreement that
are to be paid for by this grant.
SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from
other relief or loan programs for this scope of work,which were not already described in the grant
application.If some or all the proceeds are determined to be a DOB,the DOB portion shall be paid
to the COUNTY forthwith.
2.8 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS.CHS's policy for escalation for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
SUBRECIPIENT, which will require SUBRECIPIENT to submit a corrective
action plan to the COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT,as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a
timely manner, CHS may require SUBRECIPIENT to return a portion of the
awarded grant amount.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount,at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration as set forth in Resolution
No.2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance by
certified mail,the COUNTY may require SUBRECIPIENT to return a portion of
the awarded grant amount or the amount of the investment for acquisition of the
properties conveyed.
• CHS may require SUBRECIPIENT to return to the COUNTY upwards of 10
percent of the award amount,at the discretion of the Board.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 14
Impact Fees
16D 7
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant,CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
contract or Agreement. SUBRECIPIENT will be required to repay all Funds
disbursed by CHS for the terminated project. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to
be noncompliant, the above sanctions may be imposed across all awards, at the
Board's discretion.
2.9 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement,as deemed necessary by the County Manager or designee.
During the term of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January,April,July,and October.As part of the report submitted at
the end of the project, SUBRECIPIENT agrees to include a comprehensive final report covering
the agreed-upon Program objectives,activities,expenditures and expenditure categories,evidence-
basis, impact evaluation metrics, and Key Performance Indicators (KPI) defined by
SUBRECIPIENT and the Evidence Based and Impact Evaluation Team,as applicable. Exhibit C
is a reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject
to change based on future guidance from the Treasury. If that occurs, additional reporting
requirements may be necessary. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
The Federal Guidance for these activities as of August 31,2021 exists within the"Compliance and
Reporting Guide: State and Local Fiscal Recovery Funds." The COUNTY has translated these
guidelines into its Recovery Plan, which outlines major Expenditure Categories, Goals, target
populations served,and KPIs.
SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan and
may need to work with the Evidence-Base and Impact Evaluation Team to fully define evidence
base, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult with the
COUNTY's Grant Coordinator to determine the required inputs along these lines.
SUBRECIPIENT may work with the COUNTY Evaluation and Data Analysis Team to determine
sufficient evidence-base citations for project activities, and/or to set impact evaluation and key
performance indicators.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 15
Impact Fees
CAO
16D 7
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
Any assignee shall be bound by all the terms of this assigned documents.
3.2 GENERAL COMPLIANCE
Federal regulations applicable to this agreement,without limitations,include the following:
1, Implement Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards(Subpart F), of 2 CFR 200, other than such provisions
as Treasury may determine are inapplicable to this Agreement and subject to such
exceptions may be otherwise provided by Treasury.Subpart F—Audit Requirements of the
•
• Uniform Guidance implementing the Single Audit Act,shall apply to this Agreement.
•
• 2. Maintain active Universal Identifier and System for Award Management(SAM), 2 CFR
Part 25,set forth in Appendix A to 2 C.F.R.Part 25 and hereby incorporated by reference.
3, Report Subaward and Executive Compensation Information,2 C.F.R.Part 170,set forth in
Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference.
4. Incorporate Guidelines to Agencies on Governmentwide Debarment and Suspension, 2
C.F.R. Part 180, including the requirement to include a term or condition in all lower tier
covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)
that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31
CFR Part 19.
5. Report Recipient Integrity and Performance Matter, set forth in 2 C.F.R. Part 200,
Appendix XII to Part 200, is hereby incorporated by reference,for total active agreements
and contracts in excess of$10,000,000.
6. Implement Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. •
7. Comply with New Restrictions on Lobbying, per 31 C.F.R. Part 21.
8. Implement Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
regulations,per 42 U.S.C. §§4601-4655 and implementing regulations.
9. Compliance with generally applicable federal environmental laws and regulations.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an"independent contractor"with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement,are executed in writing,signed by a duly
authorized representative of each organization,and approved by the COUNTY'S governing body
• or its designee. Such amendments shall not invalidate this Agreement, nor relieve or release the
COUNTY or SUBRECIPIENT from its obligations under this Agreement.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 16
Impact Fees
1t.
f S
1 6 D 7
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding,the scope of services,or schedule of activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment,signed by both COUNTY and SUBRECIPIENT.
No modification or waiver of any provision of the Grant Documents,nor consent to any departure
by SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing,
and such waiver or consent shall be effective only in the specific instance and for the purpose for
which given. No failure or delay on the part of the COUNTY in exercising any right, power, or
privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a
• single or partial exercise thereof preclude any other or further exercise thereof or the exercise of
any other right,power,or privilege.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from Department of Treasury ARP grant funds,
as provided by the Department of Treasury,and must be implemented in full compliance with all
of Department of Treasury rules and regulations and any agreement between COUNTY and the
Department of Treasury governing ARP Funds pertaining to this Agreement. In the event of
curtailment or non-production of said Federal Funds, or the reduction of Funds awarded by the
Department of Treasury to the COUNTY, to a level determined by the County Manager to be
insufficient to adequately administer the project,the financial sources necessary to continue to pay
the SUBRECIPIENT all or any portion of the Funds will not be available, In either event, the
COUNTY may terminate this Agreement,which termination shall be effective as of the date that it
is determined by the County Manager or designee,in his/her sole discretion and judgment,that the
funds are no longer available. in the event of such termination,the SUBRECIPIENT agrees that it
will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to
the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned,
granted, or assigned to any party and shall in no event be used for any purpose prohibited by the
Grant Documents or Regulations.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages,losses,costs, and causes of action which may arise out of an act or omission, including
but not limited to,reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness,or intentionally wrongful conduct of SUBRECIPIENT or any of its agents,officers,
servants,employees,contractors,patrons,guests,clients,licensees, invitees,or any persons acting
under the direction, control, or supervision of the SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies,which otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 17
Impact Fees
16D 7
shall pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes. This section shall survive the expiration of termination of this
Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,advertisements,
descriptions of the Program sponsorships, research reports, and similar public notices, whether
printed or digitally prepared and released by SUBRECIPIENT for, on behalf of,and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL
AWARD NUMBER 1505-0271, AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design
concept is intended to disseminate key information regarding the development team to the general
public.
3.8 DEBARMENT AND SUSPENSION
SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency;and,that SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction, as outlined in OMB
Guidelines to Agencies on govemmentwide Debarment and Suspension(non-procurement),2 CFR
Part 180, including the requirement to include a term or condition in all lower tier covered
transactions(contracts and subcontracts described in 2 CFR Part 180,subpart B)that the award is
subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19.
3.9 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and, in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made,the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated if the award no longer
effectuates the program goals or COUNTY priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes,regulations,executive orders,and Treasury guidelines,policies,or directives
as may become applicable at any time.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2l-26 Page 18
Impact Fees
CA j
is
16D 7 -
B. Failure, for any reason,to fulfill in a timely and proper manner its obligations under this
Agreement.
C. Ineffective or improper use of Funds provided under this Agreement.
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect.
E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other Agreement between the COUNTY
and SUBRECIPIENT relating to the project.
H. SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any interest
herein.
• I. Any representation or warranty made herein or in any report, certificate, financial
statement, or other instrument furnished in connection with this Agreement or the Grant
shall prove to be false in any material respect.
J. if material adverse changes occur in the financial condition of the SUBRECIPIENT at any
time during the Agreement, and SUBRECIPIENT fails to cure this adverse condition
within thirty(30)days from the date written notice is sent by the COUNTY.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies in compliance with 2 CFR 200,Appendix
II(B):
A. Require specific performance of the Agreement,in whole or in part.
B. Require immediate repayment to the COUNTY of all Grant Funds that SUBRECIPIENT
has received under this Agreement,as set forth in Section 1.4.
C. Apply sanctions,if determined by the COUNTY to be applicable.
D. Stop all payments,until identified deficiencies are corrected.
E. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY, as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
{ 3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 19
Impact Fees
t �
CAO
f ,
t
16D 7
termination and any accounts receivable attributable to the use of Treasury Funds, per 2 CFR
200.313.
The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the
COUNTY's right(nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the
Funds or property,as the COUNTY may deem necessary.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work or services pursuant to this Agreement until all
required insurance,as outlined in Exhibit A and 2 CFR 200.310,has been obtained.Said insurance
shall be carried continually during SUBRECIPIENT's performance under the Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
the Scope of Work (Part I), the Uniform Administrative Requirements, and Cost Principles and
Audit Requirements for Federal Awards(2 CFR 200 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
200.327)and/or Collier County's Procurement Ordinance#2017-08,as amended,outlined below.
The current purchasing thresholds are:
Federal Procurement Standards:
Range: Method/Competition Required
$0-$10,000 Micro-Purchase
$10,001 -$250,000 Small Purchase
$250,001+ Sealed Bidding
Collier County Procurement Standards:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP,etc.)
SUBRECIPIENT shall enter contracts for purchases with the lowest, responsible, and qualified
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS,
which shall have access to all records and documents related to the project.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
In accordance with 2 CFR 200,323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable,consistent with maintaining a satisfactory level of
} completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.
RENAISSANCE HALL SENIOR LIv1NG,LLLP
ARP21-26 Page 20
Impact Fees
Et (CZ)
16D T
All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees,or
put out to competitive bidding, under a procedure acceptable to COUNTY and Federal
requirements.
3.14 PROGRAM GENERATED INCOME
Program Income is anticipated. If Program Income is derived from the use of Treasury Funds
disbursed under this Agreement,prior to the expiration of this Agreement on December 31,2026,
such Program Income shall be returned to the COUNTY.Any"Program Income"(as such term is
defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded
by ARP Funds shall be reported to the COUNTY through an annual program income re-use plan
and shall be in compliance with 2 CFR 200.307. When Program Income is generated by an
activity that is only partially assisted with ARP Funds,the income shall be prorated to reflect
the percentage of ARP Funds used.
Rental Housing: Rental housing acquired,constructed,rehabilitated,or otherwise improved with
ARP Funds is subject to Program Income.For rental housing,Program Income is the gross revenue
generated by the housing unit, reduced by the operating costs associated with generating the
income. The COUNTY considers utilities, property insurance, maintenance, and property
management to be operating costs that may be subtracted from gross revenue to determine net
Program Income. For each Funded project,SUBRECIPIENT must submit a list of proposed costs
incidental to the generation of Program Income for the COUNTY'S approval.
Additionally,if SUBRECIPIENT sells,transfers,or disposes of,the ARP-assisted leasehold estate
prior to the expiration of this Agreement on September 30,2026, SUBRECIPIENT shall pay the
COUNTY an amount equal to a percentage of the current fair market value of the leasehold estate,
after subtracting disposal costs.The percentage of the appraised value attributable to ARP and non-
ARP Funds expended for the original acquisition of or improvement to the leasehold estate,under
the terms of this Agreement shall be the basis for such percentage. Such payment shall constitute
Program Income payable to the COUNTY.
Purchase of Equipment:N/A,
3.15 DAVIS-BACON ACT
The Davis-Bacon Act requirements(prevailing wage rates)do not apply to projects funded solely
with award funds from the SLFRF program,except for SLFRF-funded projects undertaken by the
District of Columbia.SUBRECIPIENT may be otherwise subject to the requirements of the Davis-
Bacon Act when SLFRF funds are used on a constructions project in conjunction with funds from
another federal program the requires enforcement of the Davis-Bacon Act.
SUBRECIPIENT must provide a Davis-Bacon Act compliance certification of wage standards for
capital expenditure projects and infrastructure projects over$10 million.
3.16 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. SUBRECIPIENT may close out the project with the COUNTY after the expiration of
the Agreement and completion of the affordability period. Activities during this closeout period
shall include,but are not limited to making final payments,disposing of program assets(including
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 21
Impact Fees
CAO
1 6D 7
the return of all program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records, In addition to the records retention outlined in Part 2.2,
SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records
maintenance, preservation, and retention. A conflict between State and Federal records retention
requirements will result in the more stringent law being applied,such that the record must be held
for the longer duration.SUBRECIPIENT must return to the COUNTY any balance of unobligated
Funds that have been advanced or paid. Any Funds paid exceeding the amount SUBRECIPIENT
is entitled to under the terms and conditions of this Agreement must also be refunded to the
COUNTY. SUBRECIPIENT shall produce records and information complying with Section
215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR
200.344.
3.17 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
"The COUNTY agrees to incorporate the following language in every contract or agreement subject
•
•
to Title Vi and its regulations between the COUNTY and the COUNTY's SUBRECIPIENT,sub-
•
•
grantees,contractors,subcontractors,successors,transferees,and assignees:
The SUBRECIPIENT, sub-grantee, contractor,subcontractor, successor, transferee, and assignee
shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of or other
discriminating against a person on the basis of race, color, or national origin(42 U.S.C. §2000d
et seq.), as implemented by the Department of Treasury's Title VI regulations, 31 CFR Part 22,
which are herein incorporated by reference and made a part of this contract(or agreement). Title
VI also includes protection to persons with "Limited English Proficiency" in any program or
activity receiving federal assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department
of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and
made a part of this contract or agreement"
3.18 OPPORTUNITIES FOR RESIDENTS, DISCRIMINATION, AND CIVIL RIGHTS
COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of,or be subjected to,
discrimination under any activity carried out by the performance of this Agreement based on race,
color,disability, national origin,religion,age, familial status, or sex. Upon receipt of evidence of
such discrimination,the COUNTY shall have the right to terminate this Agreement.
The SUBRECIPIENT,contractor,subcontractor,successor,transferee,and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial
assistance from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race,color,or national origin(42 U.S.C. §2000d et
seq.), as implemented by the Department of the Treasury's Title VI regulations,31 CFR Part 22,
which are herein incorporated by reference and made a part of this Agreement. Title VI also
includes protection to persons with "Limited English Proficiency" in any program or activity
receiving federal financial assistance,42 U.S.C.§2000d et seq.,as implemented by the Department
of the Treasury's Title VI regulations,31 CFR Part 22, and herein incorporated by reference and
made a part of this Agreement.
RENAISSANCE HALL SENIOR LIVING,LLLP
is ARP2I-26 Page 22
impact Fees
GAO)
1
1 6D 7
The following statutes and regulations prohibiting discrimination are applicable,without limitation,
to this agreement:
1. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race,color,or national original under programs or activities receiving federal
financial assistance;
2. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
et seq.),which prohibits discrimination in housing on the basis of race,color,religion,
national origin,sex,familial status,or disability;
3. Section 504 of the Rehabilitation Act of 1973,as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal financial
assistance;and
5. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies hereto.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment, and 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.
3.19 PART 75, ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME
PERSONS,SECTION 3 PROJECTS,HOUSING AND URBAN DEVELOPMENT ACT OF
1968(24 CFR 75)
This Agreement is subject to Section 3,a provision of the Housing and Urban Development Act of
1968. Section 3 projects are housing rehabilitation, housing construction, and other public
construction projects assisted under HUD programs that provide housing and community
development financial assistance when the total amount of assistance to the project exceeds a
threshold of $200,000. The project is the site or sites together with any building(s) and
improvements located on the site(s)that are under common ownership,management,and financing.
The requirements of Part 75 apply to an entire Section.3 project, regardless of whether the project
is fully or partially assisted under HUD programs that provide housing and community
development financial assistance. If reporting indicates that the COUNTY has not met the Section
3 benchmarks,the COUNTY must report in a method prescribed by HUD program offices on the
qualitative nature of its activities and those its contractors and subcontractors pursued per 24 CFR
§ 75.15(b) and § 75.25(b). The SUBRECIPIENT must submit reporting of labor hours to the
COUNTY in a manner prescribed by HUD.See 24 CFR§75.15(a)and(b).To the greatest extent
feasible, lower-income residents of the project areas shall be given opportunities for training and
employment, and 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.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 23
Impact Fees
1 6 D 7 ,F
3.20 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term"small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and
"minority and women's business enterprise"means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage
Americans, Asian-Americans, and American Indians. SUBRECIPIENT may rely on written
representations by businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3.21 AFFIRMATIVE ACTION
SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966,as amended.Prior to the award of non-construction
Funds, if SUBRECIPIENT has 50 or more employees and the Agreement amount is greater than
$50,000, SUBRECIPIENT shall submit an Affirmative Action Program plan for approval by the
COUNTY. If the Affirmative Action Program is updated during the term of the Agreement
SUBRECIPIENT must submit it to the COUNTY within 30 days of modification.
For funds awarded for construction projects over$10,000,SUBRECIPIENT shall certify it meets
the federally required 16 affirmative action steps,detailed at Employer.gov.
https://www.employer,gov/federal-contractor-requi rements/affi rmati ve-action-and-related-
requirements/
3.22 CONFLICT OF INTEREST
SUBREC1P1ENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project 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 or subcontracted by the SUBRECIPIENT. SUBRECIPIENT also covenants that it will
•
comply with all Conflict of Interest provisions of 2 CFR 200.318(c), and the State and County
statutes,regulations,ordinances,or resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
• intended to limit SUBRECIPIENT ability to self-manage the projects using its own employees.
In accordance with 2 CFR 200.112, any possible conflict of interest on the part of the
SUBRECIPIENT,its employees,or its contractors shall be disclosed,in writing,to CHS 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 and participation
of low-and moderate-income residents of the project target area.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 24
Impact Fees
1 6D 7
3.23 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not and has not used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
Funds, as covered by 31 USC 1352, as more fully described in Section 4.32 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.24 RELIGIOUS ORGANIZATIONS
ARP Funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set forth in Executive Order 13279, dated December 12,
2002,as amended. SUBRECIPIENT shall comply with First Amendment Church/State principles
as follows:
• A. It will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons on the basis of religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
•
C. it will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct ARP Funds to support any inherently
religious activities,such as worship,religious instruction,or proselytizing.
D. The Funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, ARP Funds may not
exceed the cost of those portions of the acquisition,construction,or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to ARP funds in this part. Sanctuaries, chapels, or other rooms that an ARP
funded religious congregation uses as its principal place of worship,however,are ineligible
for ARP funded improvements.
3.25 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any
subcontractors shall report to the COUNTY any knowledge or reasonable suspicion of abuse,
neglect,or exploitation of a child,aged person,or disabled person.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing,
within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The
Collier County Standard Subrecipient Incident Report Form shall be used to report all such
incidents.
3.26 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable, or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 25
Impact Fees
(CD
16D 7
3.27 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
3.28 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data,reports,and other information on
the Project that it furnished to the COUNTY are accurate and complete,and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind SUBRECIPIENT to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations,all applicable Federal,State,and Municipal laws,ordinances,regulations,orders,and
guidelines,including but not limited to any applicable regulations issued by the Treasury.
Electronic Signatures. This Agreement,documents ancillary to this Agreement,and other related
documents entered into in connection with this Agreement are signed when a party's signature is
delivered by facsimile,e-mail,or any other electronic medium.These signatures must be treated in
all respects as having the same force and effect as original signatures.
Remainder of Page Intentionally Left Blank
RENAISSANCE HALL SENIOR LIVING,LLLP
A R P2I-26 Page 26
Impact Fees
t iCfiC)
� =f
1
16D 7
PART IV
GENERAL PROVISIONS
4.1 U.S.Treasury,State and Local Fiscal Recovery Funds Rules and Guidance SLFRF Final Rule-
https://home.treas ury.gov/system/fi ies/136/SLFRF-Final-Rule.pdf
SLFRF Final Rule FAQs-
https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf
Compliance and Reporting Guidance-
https://home.treasury.gov/system/files/136/S LFRF-Com of i ance-and-Reporti nm-Gui dance.pdf
Affordable Housing How To Guide-
https://home.treasury.gov/system/files/136/Affordable-Housing-How-To-Guide.pdf
4.2 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements
for Grants and Agreements.
https://www.ecfr.gov/cgi-hin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tp1
4.3 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or
equipment.Recipients and Subrecipients are prohibited from obligating or expending loan or grant
funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a
contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that
use(s)covered telecommunications equipment or services as a substantial or essential component
of any system or as a critical technology as part of any system.
4.4 The Fair Housing Act(42 U.S.C.3601-20)Reasonable Accommodations Under the Fair Housing
Act.Mips://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.j ustice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
I register/codification/executive-order/11063.html
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codificationlexecutive-order/12259.htm I
4.5 https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra Public Law 100-430-the Fair
Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.6 Title VI of the Civil Rights Act of 1964(42 USC §2000(d)et seq.,and Treasury's implementing
regulation at 31 CFR Part 22),as amended,Title VIII of the Civil Rights Act of 1968,as amended
https://www.hud.gov/programdescription/title6
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 27
Fe
es
ees
y C O
16D ?
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086:see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT,state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
4.9 Age Discrimination Act of 1975,as amended,(42 USC§6101 et.seq.)and Treasury implementing
regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended
j by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/stattites/eol 1246.htm
11375:Amended by EO 11478
11478:https://www.archives.gov/federal-register/codification/executive-order/I I478.html
12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.10 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
4.11 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et
seq. http://library.clerk.house.gov/reference-files/PPL 101 336 AmericansWithDisabilities.pdf
littps://www.law.cornell.edu/uscode/text/42/12101
4.12 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.13 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to
report each violation for the following:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/contentlpkg/USCODE-201 1-title33/pdf/USCODE-2011-tit1e33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
4.14 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701)and Treasuty implementing regulations at 31
CFR Part 20.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2l-26 Page 28
Impact Fees
CAO
16D 7
https://www.gpo.gov/fdsys/granul a/USCODE-2009-title41/USCODE-2009-title4l-chap 10-
sec701
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects.
Davis-Bacon Act:42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a-
7&num=0&edition=1999
29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed,in
whole or in part,by Loans or Grants from the United States
https://www.law.cornel l.edu/cfr/text/29/part-3
29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/LISCODE-20 I 0-title 18/pdf/USCODE-2010-
title 18.pdf
40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.17 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and
Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for
unpaid wages,withholding of unpaid wages and responsibility for compliance by subcontractors.
https://www.ecfr.gov/cgi-bin/text-idx?&node—pt24.4.51Fse24.1.5 1500
4.18 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR
200.213. These regulations restrict awards, subawards and contracts with certain parties that are
debarred,suspended,or otherwise excluded from or ineligible to[participate in Federal assistance
programs and activities.
Pursuant to 2 CFR Part 25,Appendix A,Universal Identifier and System for Award Management
(SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM
Exclusions is the list maintained by the General Services Administration that contains the names
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 29
Impact Fees
I•�Yy\l
nQ
16D 7
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. SAM
Exclusions can be accessed at www.sam.eov.
2 CFR 200.213 Suspension and debarment
https://www.ecfr.gov/cg i-
bi n/retri eveECFR?gp=&SI D=c3 a97c97ac42f9c05 af52a7ea2f3d005&mc=true&n=pt2.1.200&r—P
•
ART&ty=1-ITML#se2.1.200_1213
https://www.archives.gov/federal-register/codification/executi ve-order/12549.html
4.19 The SUBRECIPIENT agrees to comply with the OMB Circulars whichever is applicable 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. These requirements
are enumerated in 2 CFR 200,et seq.
4.20 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENT exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUB RECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit
report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after
such closeout.
littps://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.21 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. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated
funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or
an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or
(
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying",in accordance with its instructions. The undersigned shall
require that the language of this certification be included in the award documents for all sub-awards
at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative
agreements)and that all sub-awardees shall certify and disclose accordingly.
4.22 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352):The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier,either directly or indirectly, any person or
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 30
impact Fees
' CA1,0
16D 7
organization 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 obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative
body. None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
https://www.law.comell.edu/uscode/text/31/1 352
4.23 Any rule or regulation determined to be applicable by the Treasury.
4.24 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.25 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.26 False Claim;Criminal,or Civil Violation:SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving subaward agreement funds.
4.27 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.28 Reducing Text Messaging While Driving: Pursuant to Executive Order 13513, 74 FR 511225
(October 6,2009),SUBRECIPIENT shall encourage its employees,subrecipients,and contractors
to adopt and enforce policies that ban text messaging while driving, and SUBRECIPIENT shall
establish workplace safety policies to decrease accidents caused by distracted drivers.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 31
Impact Fees
16D 7
4.29 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the
SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at:
https://o i p.gov/fund i ng/Explore/Prohi bitedConduct-Trafficki ng.htm.
4.30 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FL 19217
(April 18, 1997), SUBRECIPIENT should encourage its contractors to adopt and enforce on-the-
job seal belt policies and programs for their employees when operating company-owned,rented,or
personally owned vehicles.
4.31 Association of Community Organizations for Refonn Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds,either directly or indirectly,in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OJP.
1
4.32 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by the Treasury.
https://www.ecfr.gov/cgi-
bi n/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de76 I dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
4.33 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112,Part III, Florida Statutes, Collier County Ethics
Ordinance No.2004-05,as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://wrwv.lawserver.com/law/state/florida/statutes/florida statutes chapter 112_part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.34 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 32
Impact Fees
CAO
16D
4.35 Venue-Any suit of 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,FL which courts have sole jurisdiction on all such matters.
4.36 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. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT.
https://www.fisenate.gov/Laws/Statutes/20 I 2/44.102
4.37 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it,its affiliates,suppliers,subcontractors,
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of'Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by§287.133(3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.38 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.htm I
4.39 Florida Statutes 119.061 Travel,using approved state travel voucher
http://www.leg.state.fl.us/statutes/index.cfm?App mode—Display Statute&URL=0100-
0199/0112/Sections/0112.061.html
4.40 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fi.us/Statutes/i ndex.cfiri?App mode=Display Statute&URL=0100-
0199/0119/Sections/0 I 19.071.htm l
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 33
impact Fees
S
16D 7
PART V
SLFRF AFFORDABLE HOUSING REQUIREMENTS
5.1 SLFRF Presumptive Eligibility Requirements and Uses—
SLFRF permits funds to be used to combat negative economic impacts(PH-NEI)of the pandemic.
Treasury has clarified that there are two presumptively eligible uses to fund affordable housing
investments under the Final Rule. Presumption 1 applies to this project. The SUBRECIPIENT is
required to conform to the following requirements and regulations as stated below:
PRESUMPTION 1 —
Treasury will presume that any project that is eligible to be funded under any of the following
federal housing programs is an eligible use of SLFRF funds as a response to the negative economic
impacts of the pandemic:
• The Housing Trust Fund(HTF,administered by HUD)
• The HOME Investment Partnership Program(HOME,administered by HUD)
• The Low-Income Housing Credit,(administered by Treasury)
• The Public Housing Capital Fund
• Section 202 Supportive Housing for the Elderly Program and Section 811
• Supportive Housing for Persons with Disabilities Program(administered by HUD)
• Multifamily Preservation&Revitalization program(administered by USDA)
• Project-Based Vouchers(PBVs,administered by HUD)
• Choice Neighborhoods (administered by HUD) - The COUNTY may use this
presumption only if the funds are used for the development of affordable housing as
defined for the purposes of the Choice Neighborhoods program.
• Section 514/516 Farm Labor Housing Direct Loans and Grants (administered by
USDA)
• Section 538 Multifamily Housing Loan Guarantees(administered by USDA)
This agreement requires the covered project or units to adhere to all applicable local codes, and
comply,at a minimum, with the applicable federal housing program's requirements related to the
following(to the extent the applicable federal housing program has such requirements):
• Resident income restrictions;
• The affordability period and related covenant requirements for assisted units;
• Tenant protections;and
• Housing quality standards.
PRESUMPTION 2—
An investment in the development,repair,or operation of any affordable housing unit is an eligible
use of SLFRF funds to respond to the negative economic impacts of the pandemic if the unit has a
limited maximum income of 120 percent area median income (AMI), as imposed through a
covenant, land use restriction agreement, or other enforceable legal requirement for a period of at
least 20 years. This presumption is available even if the project does not align with the federal
•
housing programs specified in Presumption 1.
Under Presumption 2, SLFRF funds may be used as part of the financing for a mixed-income
housing project if the total financing made up of SLFRF funds does not exceed the total
development costs attributable to affordable housing units limited to household at or below 120%
RENAISSANCE HALL SENIOR LIVING,LI.LP
ARP2I-26 Page 34
Impact Fees 1�
1
1 6 D 7
AMI for the affordability period. For example, if 25 percent of a project's units are reserved for
families at or below 120 percent AMI for the affordability period, and 20 percent of the total
development costs of the project are attributable to such reserved units,then SLFRF funds may be
used to pay for up to 20 percent of total development costs.
The income limit and 20-year affordability covenant does not need to apply to specific units, but
rather it may specify a number of units within the development, in which case the covenant should
also specify the bedroom size mix.
The SUBRECIPIENT may use SLFRF funds to meet the following additional eligible use for this
project, beyond those eligible under the presumptions described above if they are related and are
reasonably proportional to addressing the negative economic impacts of the pandemic and
otherwise meet the final rule's requirements. Depending on the needs of the local rental market,it
may be reasonably proportional to address the negative economic impacts of the pandemic by
funding certain units(even above 120 percent AMI)that do not fall into the presumptively eligible
categories listed above.
5.2 SLFRF Project Eligibility Requirements for SUBRECIPIENT—
This Agreement will conform to SLFRF presumptive eligibility requirements of PRESUMPTION
1 and meet COUNTY expectations regarding tenant protection,termination of tenancy and housing
quality standards,and the following requirements apply:
• SUBRECIPIENT shall develop a total minimum of 100-120 affordable units to include 10-12
units set aside at 28 percent AMI and 90-108 units sets aside at 60 percent AMI,as described
further in Section 5.3 and in accordance with Exhibit B of the Collier County Standard Form
Long-Term Ground Lease Phase II;and
(a) Resident Income Restrictions—Prior to lease-up and annually thereafter,SUBRECIPIENT
must calculate household annual income,as defined by PRESUMPTION 1.
(b) SUBRECIPIENT shall develop a total minimum of up to 120 affordable units(ref.Section
5.3) pursuant to the use of SLFRF funds: 1)The PRESUMPTION 1 eligible use category
applies if the units funded serve households for a period of 20 years or greater.
SUBRECIPIENT shall use Annual HUD Income Limits, adjusted for household size, to
establish resident eligibility.
Affordability Period and related covenants-The Affordability Period for this Agreement is
at least 20 years from the date of issuance of the Final Certificate of Occupancy(CO), as
recorded in the Collier County Standard Form Long-Term Ground Lease(Phase II)entered
into on March 26,2024.The Affordability Period shall run concurrently with the Lease,as
well as terminate in accordance with the terms of said Lease.
(c) Tenant protections-SUBRECIPIENT will provide a written tenant lease for a period of not
less than 12 months. Such lease may not include the following prohibited lease terms:
I 1, Memorandum of Understanding by the tenant to be sued, to admit guilt, or to a
judgment in favor of the SUBRECIPIENT.
2. Memorandum of Understanding by the tenant that the SUBRECIPIENT may take,
hold, or sell personal property of household members without notice to the tenant
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 35
impact Fees
t 1 C:',p}
16D 7
and a court decision on the rights of the parties.This prohibition,however,does not
apply to a Memorandum of Understanding by the tenant concerning disposition of
personal property remaining in the housing unit after the tenant has moved out of the
unit.The SUBRECIPIENT may dispose of this personal property in accordance with
State law;in a lawsuit brought in connection with the lease.
3. Memorandum of Understanding by the tenant not to hold the SUBRECIPIENT or
the SUBRECIPIENT's agents legally responsible for any action or failure to act,
whether intentional or negligent.
4. Memorandum of Understanding of the tenant that the SUBRECIPIENT may institute
a lawsuit without notice to the tenant.
5. Memorandum of Understanding by the tenant that the SUBRECIPIENT may evict
the tenant or household members without instituting a civil court proceeding in
which the tenant has the opportunity to present a defense,or before a court decision
on the rights of the parties.
6. Memorandum of Understanding by the tenant to waive any right to a trial by jury.
7. Memorandum of Understanding by the tenant to waive the tenant's right to appeal,
or to otherwise challenge in court,a court decision in connection with the lease.
8. Memorandum of Understanding by the tenant to pay attorney's fees or other legal
costs even if the tenant wins in a court proceeding by the SUBRECIPIENT against
the tenant.The tenant,however,may be obligated to pay costs if the tenant loses.
9. Memorandum of Understanding by the tenant (other than a tenant in transitional
housing)to accept supportive services that are offered.
(d) Termination of tenancy - SUBRECIPIENT may not terminate the tenancy or refuse to
renew the lease of a tenant of rental housing assisted under.this Agreement, except for
serious or repeated violation of the terms and conditions of the lease; for violation of
applicable Federal,State,or local law;or for other good cause.Good cause does not include
an increase in the tenant's income. To terminate or refuse to renew tenancy, the
SUBRECIPIENT must serve written notice upon the tenant specifying the grounds for the
action at least 30 days before the termination of tenancy.
(e) Housing quality standards—The SUBRECIPIENT must construct the property so that it
meets state and local codes, ordinances, and zoning requirements at the time of project
completion.Additionally,the housing must meet the accessibility requirements of 24 CFR
part 8,which implements Section 504 of the Rehabilitation Act of 1973(29 USC 794),and
Titles 11 and III of the Americans with Disabilities Act (42 USC 12131-12189),
implemented at 28 CFR parts 35 and 36.
Ongoing property standards-The SUBRECIPIENT must maintain the property as decent,
safe,and sanitary housing in good repair throughout the affordability period,according to
the HUD National Standards for Physical Inspection of Real Estate (NSPIRE)
administrative procedures. The COUNTY will inspect, or will cause the property to be
inspected, every three(3) years,provided that the NSPIRE property score is greater than
or equal to 80 points, at the previous inspection. Inspections resulting in a score greater
than or equal to 60 points and less than 80 points will be inspected every two(2)years.If
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 36
Impact Fees
(Co
16D 7
the inspection score is less than 60 points,the property will be inspected every year. The
frequency of inspections will be reassessed after each inspection.
5.3 Additional Requirements
Number of Units and Distribution by Type—In accordance with the Lease, development of a
minimum of 100 up to a maximum of 120 affordable housing units set aside for seniors, which
shall include the following distribution by type.Units greater than 65 percent AMI may be eligible
uses of SLFRF funds as long as they are related and are reasonably proportional to addressing the
negative economic impacts of the pandemic.See Exhibit C.
• 10-12 units set aside at 28 percent AMl distributed by one-,two-and three-bedroom units
with the following final distribution of number of units by type* determined upon
SUBRECIPIENT's substantial completion of financing and documented by an amendment
to the agreement.
o Four(4)One-bedroom*
o Four(4)Two-bedroom*
o Four(4)Three-bedroom*
• 90-108 units sets aside at 60 percent AMI with the final distribution of number of units
by type determined upon SUBRECIPIENT's substantial completion of financing and
documented by an amendment to the agreement.
• o Thirty to Thirty-six(36)One-bedroom*
• o Thirty to Thirty-six(36)Two-bedroom*
o Thirty to Thirty-six(36)Three-bedroom*
Affordability Period-As a new construction rental project,the Affordability Period during which
the SUBRECIPIENT must maintain compliance with all applicable SLFRF regulations is for a
period of twenty (20) years or longer. The Affordability Period shall run concurrently with the
Lease,as well as terminate in accordance with the terms of said Lease,but will not commence until
construction is complete, all funds have been disbursed, and a Certificate of Occupancy is issued
for all funded units. The SUBRECIPIENT will record a covenant running with the land, in form
satisfactory to the COUNTY,that provides a means of enforcement of the affordability provisions
of this Agreement. The covenant will be recorded senior to all other financing liens and be
enforceable against all successors in interest. If necessary, the COUNTY may execute an
amendment to the Covenant Running with the Land that extends the affordability restrictions to the
exact date of expiration of the affordability period.Failure of the project to meet all applicable ARP
requirements for the entire Affordability Period may result in a requirement that all SLFRF funds
be repaid by the SUBRECIPIENT to the COUNTY.
Signature Page to Follow
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 37
Impact Fees ��
16D 7
IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY,have each respectively,by an authorized
person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: AS TO COUNTY:
CRYSTAL K.KINZEL,CLERK
BOARD OF COUNTY COMMISSIONERS
t, COLLIER ,FLORIDA
..,I) iN Clerl
By:
C HALL,CHAIRPERSO
i Date". .. }r' S dO 4.(SgAW' Date: IO 22 Z�/
Attest"s tji fnan's
. s,ijr ature only
AS TO SUBRECIPIENT:
WITNESSES: ,`' ,te
det ,t► ic-7�Ckw A' t/L/
SUBRECIPIENT ORGANIZATION NAME
�/
Witness#1 Signature
BY: �.:.1:= ..
)744/L`o0 4 : BRE IPI: 49 ; •t�'4N,MME,TITLE
Witness#1 Printed Name / /f i
2162 Co(-IC z 731vi, Pt- IYI ievs,Pt 53901 Date: 17/l0/��
Witness#1 Physical Address
Ll [Please provide evidence of signing authority]
Witness#2 Signature
Witness#2 Printed Name
. 7c,k(F6-4).freV.1 , 40(4A-_
Witness . 'hysical Address ,.VecrX
Appr. -• . to form and legality:
WA. .0
Sally t kal -1\
Stan L ounty Attorney
ate
Date: \OV1/�/IIr
.y
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 38
Impact Fees
CAO
16D 7
PART VI
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, 3339
Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement,in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of SUBRECIPIENT or the licensed design
professional employed by SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which SUBRECIPIENT and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the services
performed by SUBRECIPIENT or any person employed by SUBRECIPIENT in connection with
this Agreement.This insurance shall be maintained for a period of two(2)years after the certificate
of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than
100 percent of the insurable value of the building(s)or structure(s).The policy shall be in the name
of Collier County and SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
SUBRECIPIENT shall ensure that, for activities located in an area identified by the Federal
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 39
Impact Fees
(
CP )
1 6. D 7
Emergency Management Agency(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).
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 Agreement:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis, in an amount not less than 100 percent of the
replacement cost of the property. Collier County must be shown as a Loss payee, with respect to
this coverage A.T.1.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement value 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.
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP2I-26 Page 40
Impact Fees
tCAo)
16D 7
EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION l: REQUEST FOR PAYMENT
Subrecipient Name: Renaissance Hall Senior Living,LLLP
Subrecipient Address: 19308 SW 380th Street,Florida City,FL 33034 c/o P.O. Box 343529,
Florida City,FL 33034
Project Name: Collier County Affordable Housing
Project No: ARP21-26 Payment Request#
Total Payment Minus Retainage N/A
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
SUBRECIPIENT CHS Approved
1.Grant Amount Awarded $ $
2.Total Amount of Previous Requests $ $
3.Amount of Today's Request(Enter as positive $ $
number)
4.Current Grant Balance $ $
By signing this report,I certify to the best of my knowledge and belief that this request for payment is true,complete
and accurate,and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in
the term and conditions of the Federal award. I am aware that any false, fictitious,or fraudulent information,or the
omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,false statements,
false claims or otherwise(U.S.Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812;and/or
Title VI,Chapter 68,Sections 68.081-083,and Title XLVI Chapter 837,Section 837-06)or FL Statues,Title XLV1,
817.155.
Signature Date
f; Title
ii
Authorizing Grant Coordinator Authorizing Grant Accountant
•
•
1 Supervisor(Approval required$14,999 and above) Division Director(Approval Required$15,000
1: and above)
•
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 41
Impact Fees
( CA.0j
16D 7
EXHIBIT C
AMERICAN RESCUE PLAN(ARP)
QUARTERLY PROGRESS REPORT
Report Period:
Fiscal Year:
Agreement Number: ARP21-26
Subrecipient Name: Renaissance Hall Senior Living,LLLP
Project:
Contact Name:
Contact Telephone Number:
Activity Reporting Period Report Due Date
October 1s'—December 31" January 1011'
January 1"—March 31" April 10th
April 1"—June 30'h July loth
July IS'—September 30'h October 10'h
Characteristics Report
I. Project Expenditures: EC2.15 Long-term Housing Security: Affordable Housing"^
(SLFRF Compliance and Reporting Guidance 12.14.23,v.5.4.,Capital Expenditures,p.30 and 50.)
Funds Expended Funds Expended
Current Quarter YTD
EC2.15
*Identify the amount of the total funds that are
allocated to evidence-based interventions,or enter
"zero"if not applicable
EC2.15
Enter total expected capital expenditure,include pre-
development costs.
Total Project Expenditures ,
2. Key Performance Indicators:
Project Outputs
Component 1: Percentage increase in number of affordable housing units
preserved or developed.
Enter percentage increase:
Percentage of units developed benefitting those 65%AMI and 80%
AMI.
Enter percentage of units:
Number of households receiving eviction prevention services
(including legal representation).
Enter total:Zero("0")
}
RENAISSANCE HALL SENIOR LIVING,LLLP
ARP21-26 Page 42
Impact ices
�CAO)
1 6 D 7
3. Project Progress:
Describe your progress and any impediments experienced during the reporting period.
Provide a narrative to describe how this project including housing addresses the negative economic
impact experienced by the residents. Include how this project is reasonably proportional to the
negative economic impact of the pandemic. (Narrative must be included in the FINAL REPORT
12.31.26.)
Demographic Distribution: What Impacted and/or Disproportionally Impacted population does this
project primarily serve?Please select the population primarily served.
• hnpacted(Low-or moderate-income households or populations;populations that experienced
• unemployment; households that experienced housing insecurity;other households or populations
that experienced a negative economic impact of the pandemic[specify])
• Disproportionately Impacted:(Low-income households and populations,households and
populations residing in Qualified Census Tracts,households that qualify for certain federal
programs)
• Does the project primarily serve disproportionately impacted communities?
If this project primarily serves more than one Impacted and/or Disproportionately Impacted
population, please select up to two additional populations served.
RENAISSANCE HALL SENIOR LIVING,LLLI'
ARP21-26 Page�13
Impact Fees
16D 7
Briefly describe all of the following:
1)The needs of the local rental market for any unit rented greater than 65%AMI that does not fall into
presumptively eligible categories:
2)The reason the unit(s)that rented up to 80%AMI or up to 120%AMI is reasonably proportional to
address the negative economic impacts of the pandemic
3)In this quarter,enter how many units, funded by distribution and type (one
bedroom), (two bedrooms),and (three bedrooms)do not fall into
presumptively eligible categories.
1) In this quarter, please enter the total number of households by AMI to address the number of
disproportionately impacted households served by this project:
Number of households
AMI per household:_30%AMI
Number of households
AMI per household:_60%AMI
Number of households
AMI per household: _80%AMI
By signing this report, I certify to the best of my knowledge and belief that the information contained in
this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information,
or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,
false statements, false claims or otherwise(U.S. Code Title 18,Section 1001 and Title 31,Sections 3729-
3730 and 3801-3812).
Signature: Date:
Printed Name:
Title:
NOTE: This form subject to modification based on Treasury guidance.
Your typed name here represents your electronic signature.
RENAISSANCE HALL SENIOR LIVING,LLLP
A RP2I-26 Page 44
Impact Fees
c
}
1 6 D ?
EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to
determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly,
Collier County requires that all appropriate documentation is provided regarding your organization's
compliance. In determining Federal awards expended in a fiscal year, the entity must consider all
sources of Federal awards based on when the activity related to the Federal award occurs, including
any Federal award provided by Collier County. The determination of Federal award amounts expended
shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit
Requirements.This form may be used to monitor Florida Single Audit Act(Statute 215.97)requirements.
Subrecipient
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total Federal Financial Assistance Total State Financial Assistance Expended during
Expended during most recently completed
Fiscal Year most recently completed Fiscal Year
! $ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or
will be completed by . Copies of the audit report and management letter are
attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
[ El Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted,a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑ understand that the audit report contains a written response to the finding(s),we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
RENAISSANCE HALL SENIOR LIVING,LI.LP
ARP21.26 Page 45
Impact Fees