Backup Documents 12/09/2025 Item #16D 7 •
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ialo75 BCC MT
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE% 6
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. Adrienne Meijer Community and Human AM 12.02.2025
Services
2. County Attorney Office— County Attorney Office Tilk/A) JO.
3. BCC Office Board of County
Commissioners fS &
4. Minutes and Records Clerk of Court's Office _I' l
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 Adrienne Meijer Phone Number 239-252-5229
Contact/ Department _
Agenda Date Item was 12/09/2025 Agenda Item Number
Approved by the BCC 16.D 7
Type of Document 3 ORIGINAL AGREEMENTS FOR HM24-01 Number of Original 3 ORIGINAL
Attached CSJD LGVC AGREEMENT Documents Attached DOCUMENTS
PO number or account
number if document is
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 STAMP OK AM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be AM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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!
8. The document was approved by the BCC on above date and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County -�p�.lm� an option for
Attorney's Office has reviewed the changes,if applicable. J'I ( this line.
9. Initials of attorney verifying that the attached document 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 1* an option for
Chairman's signature. this line.
� 6137
Award Date August 26,2025
Awarding Agency Collier County Local
— - i1ousinnTrust Fund
Project Name Casa San Juan Diego,
Ltd.
Total Amount of Funds $37,500.00
Awarded
Developer Name Casa San Juan Diego,
Ltd.
U EI# PJF9FEL2JHN 5
FEIN 53-0196617
Period of Performance December 9,2025-
, September 30,2026
Fiscal Year End June 30
Monitor End: December 30,2026
AGREEMENT BETWEEN COLLIER COUNTY
AND •
CASA SAN JUAN DIEGO, 1:I'I)
(Local Government Verification of Contribution (;rant)
fk
THIS AGREEMENT(Agreement) is made and entered into this `1 day of
DecenLei , 2025, by and between Collier County, a political subdivision of the State of
Florida, (COUNTY) having its principal address as 3339 Tamiami Trail East, Suite 213, Naples,
FL 34112, and Casa San Juan Diego, Ltd. (DEVELOPER), a limited partnership existing under
the laws of the State of Florida, having its principal office at 12629 New Britany Blvd., Bldg. 16,
Fort Myers, Florida. DEVELOPER together with the COUNTY collectively referred to as the
"Parties."
WHEREAS, on April 24, 2018, the Collier County Board of County Commissioners
(Board)adopted Resolution No. 2018-82 declaring a valid public purpose for establishing a Local
(lousing Trust Fund (LHTF)Program and providing general guidelines for its use of monies; and
WHEREAS, the COUNTY and DEVELOPER desire to operate a rental development in
accordance with this Agreement and the Local Housing Trust Fund;and
WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such
undertakings as specified in the Scope of Work and determines that they are valid and worthwhile
County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
CASA SAN JUAN DI MO,LTD
Casa San Juan Diego
Lr1TF-2024-25-001
CAO
16117
PART I
SCOPE OF WORK
DEVELOPER shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing Local Housing Trust Fund (LHTF) Program funds, as
determined by Collier County Community and Human Services Division(CHS),perform the tasks
necessary to conduct the project as follows:
Project Name: Casa San Juan Diego
Project Description and Outcome: LI funds are to he used for all related costs including
but not limited to land improvement, all development costs, associated fees, permits,
permitting fees,and costs(labor and materials) for new residential rental units.
Project Component One: New Construction of Residential Rental Units
1.1 SPECIAL CONDITIONS
A. The following policies must be submitted within sixty(60)days of execution of this
Agreement.
1:4 Fair Housing Policy
El Affirmative Action/Equal Opportunity Policy
® Conflict of Interest Policy
2 Procurement Policy
E Sexual Harassment Policy
f2 Section 504 of the Rehabilitation Act of 1973,as amended (29 U.S.C. 794) Policy
® Fraud Policy
►A Limited English Proficiency Policy (LEP)
Tenant Policy Manual
® Maintenance Policy
® Marketing Plan/Policy
B. Annual DEVELOPER Training -All DEVELOPER staff or DEVELOPER'S agent
assigned to the administration and implementation of the Project,established by this
Agreement, shall attend the CHS-sponsored Annual Fair Housing training. In
addition,at least one staff member shall attend all other C1-IS-offered training relevant
to the Project, as determined by the Grant Coordinator, not to exceed four (4)
sessions.
1.2 PROJECT DETAILS
A. Project Description/Budget
2
CASA SAN 31JAN DIEGO,LTD
Casa San Juan Diego
l.tITF-2024-25-001
CAO
16B7
Description Amount
Project Component One:New Construction of Residential $37,500.00
Rental Units
Total Funds $37,500,00
_ — Total reimbursement may not exceed the Total Funds.
DEVELOPER will accomplish the following checked project tasks:
Pay all closing costs related to property conveyance
11 Maintain and provide to the COUNTY, as requested, tenant income certification
documentation, retained at DEVELOPER location
Provide Annual Report including Rent Rolls
1 Provide monthly construction and rehabilitation progress reports until completion
of construction or rehabilitation
►5 Identify Lead Project Manager
Provide Site Design and Specifications
® Ensure units are Section 504/ADA accessible
B. Program Components/Eligible Activities
All services/activities funded must meet the program components.
C. Performance Deliverables
Program Deliverable Supporting Documentation Submission Schedule
Special Policies(Section 1.3 Policies as stated in this Within 60 days of
B) Agreement Agreement execution
Liability Insurance—As Proof of coverage in Within 30 days of
required accordance with Exhibit A Agreement execution and
annually within 30 days
after renewal
Property, Flood,and O&l) Not Applicable Not Applicable
Insurance
Detailed Project Schedule Not Applicable Not Applicable
(Section 1.3 A)
Quarterly Progress Report Progress report,detailing Quarterly,45 days after the
accomplishments(Exhibit 1)) end of the quarter until
project completion.
Di `I':I c wilt Audit Audit report, Management Within 9 months for Single
Letter Audit(otherwise 180 days)
after the end of the
DEVELOPER's fiscal year
Annual Audit Monitoring Exhibit E Annually,60 days after FY
Report end.
3
CASA SAN Jt1AN moo,LTD
Casa Sun Juan Diego
LIITI-2024-2i-001
CAO
� 6fl7
Program Deliverable Supporting Documentation Submission Schedule
Tenant Lease Agreement Lease Prior to first tenant
signature and any
addendums or changes,
and thereafter through the
affordability period.
Operating Expense Report Actual vs. Budget, revenue 30 days after the end of
and expense report and all SPONSOR's fiscal year
supporting documentation,as through the end of the
requested affordability period.
Operating Expense Budget Detailed Operating budget for Initial report due after
Report the next fiscal year lease-up and annually
thereafter,prior to start of
SPONSOR's fiscal year,
throughout affordability
period.
Capital Needs Assessment Plan approved by the Initial Plan due after lease-
Plan COUNTY up and annually thereafter,
prior to start of SPONSOR
fiscal year,throughout
affordability period.
Maintenance Plan/Agreement Plan approved by the At the time of completion
COUNTY of unit(s),with annual
submission if plan is
revised.
Register of Tenant Income Summary of Tenant Income At full lease-up and
and Rent and Income Limit,Rent and annually thereafter
Rent Limit, by unit(Rent throughout affordability
Roll) period
Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of the
Conflict of Interest Disclosure agreement,all employees
Form who work on activities
associated with the grant
and upon hiring of all new
employees
Whistleblower Protections Exhibit G Upon execution of the
Certification agreement,all employees
who work on activities
associated with the grant
and upon hiring of all new
employees
Affidavit Regarding Labor Affidavit Upon execution of
and Services(Trafficking) Agreement.
4
CASA SAN JUAN DIEGO.urn
Casa San Juan Mega
Li I V-2024-25-Ue71
CAO
16fl7
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1:funds Exhibit C and supporting documents Invoice(s)submitted
arc to be used for all related must be provided as backup,as within 45 days of
costs to include but not limited evidenced along with either of the receipt of Certificate
I to,land acquisition,land following invoices contractor! of Occupancy and
improvement,infrastructure,and architect/engineer/permit/ proof of 2 affordable
all development costs,associated units with tenant
fees,permits,permitting fees, inspection and proof of payment as
and construction(labor and evidenced by cancelled checks or documentation.
materials)for new residential bank statements,and any other
rental units documents as requested
1.3 PERIOD OF PERFORMANCE
DEVELOPER services shall begin on December 9,2025,and cnd on September 30,2026,
unless terminated earlier in accordance with provisions of Paragraph 3.6, Defaults,
Remedies,and Termination.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available THIRTY-SEVEN THOUSAND AND FIVE
HUNDRED DOLLARS AND ZERO CENTS ($37,500.00 for use by DEVELOPER
during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). The
COUNTY does not expect to be repaid or reimbursed by the DEVELOPER or any other
entity,provided the funds are expended solely for the Project referenced in Section 1,Scope
of Work.No consideration or promise of consideration has been given with respect to this
grant.For the purposes of the foregoing,the promise of providing affordable housing does
not constitute consideration.
The COUNTY shall provide a one-time grant payment to DEVELOPER fbr the
performance of this Agreement upon construction commencement.
No payment will he made until approved by CHS for compliance and adherence to any and
all applicable Local or State, requirements. Except where disputed for noncompliance,
payment will he made upon receipt of a properly completed invoice in compliance with
Section 218.70, Part VII, Florida Statutes, otherwise known as the "Local Government
Prompt Payment Act."
1.5 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery
5
CASA SAN JUUAN 011:0O,Lit)
Casa San Juan Drego
LHTM-2024-25-001
CAO
16 7
or sending. All notices and other written communications under this Agreement shall he
addressed to the individuals in the capacities indicated below, unless otherwise modified
by subsequent written notice.
COLLIER COUNTY ATTENTION: Lisa N. Carr, Supervisor-Grants
Collier County Government
Community and human Services
3339 E.Tamiami Trail, Suite 213
Naples, FL 34112
Email to: lisa.carr@acollier.gov
Telephone: (239)252-2339
DEVELOPER ATTENTION: Matthew D. Miller
Casa San Juan Diego,Ltd
c/o National Development of America, Inc.
12629 New Brittany Blvd, Bldg 16
Ft. Myers, FL 33907
Email to: mmillerkimational-development.c om
Telephone: (239) 850-1729
ATTENTION:Randy Alligood, Esq.
Nelson,Mullins, Riley& Scarborough, LLP
390 North Orange Avenue,Suite 1400
Orlando, FL 32801
Email: Randy.Alligood(a:nelsonmullins.com
Telephone: (407) 669-4202
ATTENTION:
Casa San Juan Diego Housing of Collier,LLC
1000 Pinebrook Road
Venice, FL 34285
ATTENTION: Joseph A. Divito, Esq.
Matthew Payne, Esq.
Trenam Law
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
Email: xxxxxxxxxxx
Telephone: (xxx)xxx-xxxx
ATTENTION: Steven J. Kropf, President
RJ-MT Casa San Juan Diego,LLC
c/o Raymond James Affordable Housing Investments,
Inc.
880 Carillon Parkway
CASA SAN JUAN DIEGO,LTD
Case San Juan Diego
LHTF-2f)24-25-00I
ib13 �`
St. Petersburg, FL 33716
Email: xxxxxxxxxxxx
Telephone: (xxx)xxx-xxxx
Facsimile: (727) 567-8455
ATTENTION:Nathan A. Bernard
Nixon Peabody, LLl'
Exchange Place
53 State Street
Boston,MA 02109
Email: xxxxxxxxx
Telephone: (xxx)xxx-xxxx
Facsimile: (617) 345-1236
Remainder of Page Intentionally Left Blank
7
CASA SAN JUAN DIEGO,1 U)
Case Stet Jaen Diego
LHTF•2024-25-01)1
CAO
i637
PART II
CONTROL REQUIREMENTS
2.1 AUDITS
Pursuant to Florida Statute 215.97 (Florida Single Audit Act), in the event that
DEVELOPER expends a total amount of State funds equal to or in excess of$750,000 in
any fiscal year of such DEVELOPER, it must conduct a State single or project-specific
audit for such fiscal year, in accordance with Chapter 215.97, Florida Statutes; applicable
rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.650,
Rules of the Auditor General. The COUNTY will conduct an annual financial and
programmatic review.
The financial reporting package,and Exhibit E, must he delivered to the COUNTY within
45 days after DEVELOPER's receipt of the financial reporting package, but no later than
180 days after DEVELOPER's fiscal year end.
DEVELOPER must fully clear any deficiencies noted in audit reports within 30 days after
its receipt of the report. DEVELOPER'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.
2.2 RECORDS AND DOCUMENTATION
DEVELOPER shall maintain sufficient records in accordance with the program regulations
of the funding source to determine compliance with the requirements of this Agreement,
and all other applicable laws and regulations. This documentation shall include, but is not
limited to,the following:
A. DEVELOPER shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
A. DEVELOPER shall make available to COUNTY or CUS at any time upon request,all
reports, plans, surveys, information,documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by DEVELOPER 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.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.
CASA SAN JUAN DItiGO,LTD
Casa San Juan Diego
LIITF-2024-25-001
,.'
1607
C. Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to CIIS, if
requested. In any event, DEVELOPER shall maintain all documents and records in an
orderly fashion in a readily accessible, permanent, and secured location for five (5)
years after closeout of this Agreement. However, 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 DEVELOPER ceases to exist after the closeout of this Agreement, it will
notify the COUNTY, in writing, of' the address where the records arc to be kept.
DEVELOPER shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY,all public records in possession of RECIPIENT upon termination
of the Agreement and destroy any duplicate,exempt,or confidential public records that
are exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
COUN"I'Y's information technology systems.
IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO DEVELOPER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-5387,
Aneel.BatesIalcollier.ttov, 3299 Tamiami Trail E,Naples FL 34112.
D. DEVELOPER is responsible for the creation and maintenance of income eligible files
on clients served and documentation that all households are eligible under Resolution
2018-82 and LHTF income guidelines(140 percent AMI and one unit special needs or
senior). Income certification documentation will be validated at the annual monitoring.
DEVELOPER agrees that CHS shall be the final arbiter on DEVELOPIR's
compliance.
E. DEVELOPER shall document how it met the Program components and eligibility
requirement(s) under which funding has been received. These also include special
requirements such as necessary and appropriate determinations, including income
certification and written agreements with beneficiaries,where applicable.
F. DEVELOPER shall take reasonable cybersecurity and other measures to safeguard
information included protected personally identifiable information (P1I) and other
types of information in accordance with 2 CFR 200.303(e). This includes information
that the State of Florida or COUNTY designates as sensitive,or other information the
COUNTY considers sensitive and is consistent with State and Local laws regarding
privacy and responsibility of confidentiality,
CASA SAN 111AN DIEGO,LTD
C'4+4+Su,,Juan Diego
L FIfF-2024-25-001
CAO
ib117
G. DEVELOPER shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records at a cost that does not
exceed the costs provided in Chapter 119, Florida Statutes or as otherwise provided by
law. DEVELOPER shall ensure that exempt or confidential public records that are
exempt from public records disclosure requirements, are not disclosed except as
authorized by Chapter 119, Florida Statutes.
2.3 MONITORING
DEVELOPER agrees that CHS may carry out no less than one (I) annual on-site
monitoring visit and evaluation,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,subject to notice
and reasonable period to cure. DEVELOPER shall, upon request,submit information and
status reports required by CHS, to enable it to evaluate said progress and allow for
completion of required reports. DEVELOPER shall allow on-site monitoring by CHS.
Such site visits may be scheduled or unscheduled,as determined by CHS.
At any time during normal business hours and as often as the COUNTY, and its
representatives may deem necessary, DEVELOPER 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 DEVELOPER's performance 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. Substandard performance, as determined by the COUNTY, will constitute
noncompliance with this Agreement. If DEVELOPER does not take corrective action
within a reasonable time period after being notified by the COUNTY, Agreement
suspension or termination procedures may be initiated. DEVELOPER agrees to provide
the COUNTY or COUNTY's internal auditor(s) access to all records related to
performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
DEVELOPER shall establish, maintain, and utilize internal systems and procedures
sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the
performance of this Agreement,and to provide for the proper and effective management of
all Program and Fiscal activities of the Agreement. DEVELOPER's internal control
systems and all transactions and other significant events shall be clearly documented and
shall be readily available for monitoring by COUNTY.
DEVELOPER shall provide COUNTY with complete access to all its records,employees,
and agents for the purpose of monitoring or investigating the performance of the
itl
CASA SAN JUAN DIEiGO,LTD
Casa San Juan Diego
urrF-2024-25 001
CAO
t607
Agreement. DEVELOPER shall fully cooperate with COUNTY's efforts to detect,
investigate,and prevent waste, fraud,and abuse.
DEVELOPER may not discriminate against any employee or other person who reports to
the COUNTY, or 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 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.
'lb effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients,Recipients,or any entity receiving
grant funds from CHS. Its escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns
to DEVELOPER, which requires DEVELOPER to submit a corrective action
plan to CHS within 10 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CMS will be available to provide `technical Assistance (TA) to
DEVELOPER, as needed, in order to correct the noncompliance issue.
2. If DEVELOPER fails to submit the corrective action plan in a timely manner,
CHS may require DEVELOPER to return a portion of the awarded funding to
the COUNTY.
• CHS may require DEVELOPER to return upwards of 5 percent of the award
amount to the COUNTY. at the discretion of the Board.
• DEVELOPER may be denied future consideration, as set forth in
Resolution No.2013-228.
3. If DEVELOPER remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance by
certified mail, CHS may require DEVELOPER to return to the COUNTY a
portion of the awarded amount,or the amount of the investment for acquisition
of the properties conveyed.
1
CASA SAN JUAN DIFU0,LAD
Casa San Juan Diego
I ITT-2024-25-001
1607
• CHS may require DEVELOPER to return upwards of 10 percent of the
award amount to the COUNTY,at the discretion of the Board.
• DEVELOPER will be considered in violation of Resolution No. 2013-228.
4. If after repeated notification, DEVELOPER continues to be substantially
noncompliant, CIIS may recommend termination of the Agreement or award.
• CHS will make a recommendation to the Board to immediately terminate
the Agreement. DEVELOPER will be required to repay all funds disbursed
by the COUNTY for the terminated project. This includes the amount
invested by the COUNTY for the initial acquisition of the properties or other
activities.
• DEVELOPER will be in violation of Resolution No.2013-228.
If DEVELOPER 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.
2.6 REPORTS
Timely receipt of complete and accurate reports is 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, DEVELOPER shall submit annual progress reports to
the COUNTY on the anniversary of the PUD, respectively, for the prior year end. Other
reporting requirements may be required by the County Manager or designee in the event
of Program changes, the need arises for additional information or documentation, and/or
legislative amendments arc 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.
Remainder of Page Intentionally Left Blank
12
CASA SAN JUAN DI GO),LTD
Ca a San Juan Diego
LF1T'F-2024-2S-001
i6D7
PART l II
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. DEVELOPER shall cause all provisions of this Agreement in its entirety to
he included in and made a part of any subcontract executed in the performance of this
Agreement.
3.2 GENERAL COMPLIANCE
DEVELOPER agrees to comply with all applicable Local Housing Trust Fund (Ll-ITF),
Resolution 2018-082, state, and local laws, regulations, and policies governing the funds
provided under this Agreement. DEVELOPER agrees to utilize funds available under this
Agreement to supplement, rather than supplant, funds otherwise available for the Project.
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.
DEVELOPER 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 benefits, life and/or medical
insurance, and Workers' Compensation Insurance as the DEVELOPER is an independent
contractor.
3.4 AMENDMENTS
The COUNTY or DEVELOPER may amend this Agreement at any time, provided that
such amendments make specific reference to this Agreement,and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
COUNTY'S Board. Such amendments shall not invalidate this Agreement, nor relieve or
release the COUNTY or DEVELOPER from its obligations under this Agreement.
The COUNTY may,at its discretion,amend this Agreement to conform with State,or Local
guidelines, policies, available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services,or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both COUNTY and DEVELOPER.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from Collier County Housing Trust Fund
and must be implemented in full compliance with all COUNTY rules and regulations. In
CASA SAN JUAN UlhiUO,LTD
Casa San Juan Diego
LH1F-2024-25.001
CAO
6 D 7
the event of curtailment or non-production of the said COUNTY funds, the financial
sources necessary to continue to pay DEVELOPER all or any portion of the funds will not
be available. In that event, the COUNTY may terminate this Agreement, which shall be
effective as of the date it is determined by the County Manager or designee, in his or her
sole discretion and judgment, that the funds are no longer available. In the event of such
termination, DEVELOPER 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 DEVELOPER under the terms of this Agreement.
3.6 DEFAULTS,REMEDIES,AND TERMINATION
This Agreement may also be terminated for convenience by either the COUNTY or
DEVELOPER, 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, if in the case of a partial termination, the COUNTY determined 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. The following actions or
inactions by DEVELOPER shall constitute a Default tinder this Agreement:
A. Failure to comply with any of the rules,regulations,or provisions referred to herein,
or such statutes, regulations,executive orders,or guidelines,policies,or directives
as may become applicable at any time.
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 by DEVELOPER.
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 DEVELOPER relating to the Project.
In the event of any default by DEVELOPER under this Agreement, the DEVELOPER,
prior to the COUNTY declaring a default or breach under the Agreement, the COUNTY
shall send written notice of the default or breach to the DEVELOPER (provided that with
respect to payment defaults, COUNTY shall give prior written notice to DEVELOPER
who shall have thirty(30)days to cure, which such time may he extended by COUNTY in
its reasonable discretion) and DEVELOPER shall have a period of sixty (60) days after
receipt of the notice of default to cure such default.COUNTY hereby agrees that any notice
of default given to DEVELOIPER under the Agreement shall also be given to the
DEVELOPER'S low-income housing tax credit investor ("investor") and the COUNTY
agrees that any cure of any default or breach made by the DEVELOPER'S investor shall
CASA SAN Jl1AN D1EGO,LTD
Cage San Joni Diego
LHTF-2024-25-04I
CAO
16D7
be deemed to be a cure by DEVELOPER and shall be accepted or rejected on the same
basis as if made or tendered by DEVELOPER.
The COUNTY may seek any combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part.
13. Require the use of,or change in, professional property management, if applicable.
C. Require DEVELOPER to immediately repay to the COUNTY all funds
DEVELOPER has received under this Agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to DEVELOPER of such
termination and specifying the effective date of such termination. If the Agreement
is terminated by the COUNTY as provided herein, DEVELOPER shall have no
claim of payment or claim of benefit for any incomplete project activities
undertaken under this Agreement.
3.7 INDEMNIFICATION
To the maximum extent permitted by Florida law,the DEVELOPER shall indemnify and
hold harmless Collier 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' fees and paralegals' fees, to
the extent caused by the negligence,recklessness,or intentionally wrongful conduct of the
DEVELOPER 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 DEVELOPER 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.The DEVELOPER 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 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 Collier
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 or termination of this Agreement.
3.8 COUNTY RECOGNITION
DEVELOPER agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships, research reports and similar public
notices,whether printed or digitally prepared and released by DEVELOPER for,on behalf
of,and/or about the Program shall include the statement:
15
CASA SAN JLUAN DIF.GO,LTD
Casa San Juan Diego
Lift'I 2024-25-001
CAO
fD ?
"FUNDING FOR THIS PROJECT IS PROVIDED BY COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS."
The statement shall appear in the same size letters or type as the name of DEVELOPER.
This design concept is intended to disseminate key information to the general public
regarding the development team as well as Equal Housing Opportunity.Construction signs
shall comply with applicable COUNTY codes, if applicable.
3.9 INSURANCE
DEVELOPER shall maintain all required insurance, as outlined in Exhibit A. Said
insurance shall be carried continuously during DEVELOPER's performance under the
Agreement. DEVELOPER shall furnish a Certificate of Insurance naming Collier County
Board of County Commissioners as an additional insured with general liability limits of at
least$1,000,000 per occurrence in accordance with Exhibit A.
3.10 DEBARMENT
DEVELOPER certifies that no officer or agent of DEVELOPER has been debarred from
bidding, proposing, or contracting for state,or local government programs. DEVELOPER
assures that all its subcontractors that will participate in activities subject to this
Agreement, are eligible and have not been debarred.
3.11 CLOSEOUT PROCEDURES
DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements
are completed.
3.12 OPPORTUNITIES FOR RESIDENTS AN!)CIVIL RIGHTS COMPLIANCE
DEVELOPER agrees that no person shall be excluded from the benefits of,or be subjected
to discrimination based on race, creed, color, religion, national origin, sex, handicap,
familial status, marital status, or age, under any activity carried out by DEVELOPER in
performance of this Agreement. Upon receipt of evidence of such discrimination, the
COUNTY shall have the right to terminate this Agreement. DEVELOPER will take
affirmative action to ensure that all employment practices are free from such
discrimination.Such employment practices include but are not limited to hiring,upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff,termination, rate of pay
or other forms of compensation, and selection for training, including apprenticeship.
DEVELOPER agrees to post notices setting forth the provisions of this nondiscrimination
clause in conspicuous places available to employees and applicants for employment.
To the greatest extent feasible, lower-income residents of the project area shall be given
opportunities for training and employment; also, to the greatest extent feasible, eligible
CASA SAN JUAN DIEGO,LTD
Casa San Juan Diego
(.11TP-2024-25-OQI
CAO
1607
business concerns located in or owned in substantial part by persons residing in the project
area shall be awarded contracts in connection with the project.
3.13 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED
BUSINESS ENTERPRISES
DEVELOPER will use its best efforts to afford small businesses and minority and women
owned 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 Section 287. Florida Statute;and"minority and women's
business enterprise" means a business at least fifty-one(51)percent owned and controlled
by minority group members or women.For the purposes of this definition,"minority group
members"are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage
Americans,Asian-Americans, and American Indians. DEVELOPER may rely on written
representations by businesses regarding their status as minority and women business
enterprises, in lieu of an independent investigation.
3.14 PROGRAM BENEFICIARIES
Where applicable,as defined by LHTF income guidelines, 100 percent of the beneficiaries
receiving funding through this Agreement must meet the requirement to be at or below 140
percent of the Area Median Income(AMI),as established by MUD,throughout the 30-year
affordable period. Additionally, the program requires DEVELOPER to meet specific
income set-asides, which arc described in Exhibit B. Income eligibility of tenants will be
validated with supporting documentation during interim monitoring and at closeout. A
deeper set aside (for households with incomes lower than as restricted herein) as a result
of other subsidies will not results in a default under this Agreement.
3.15 PROHIBITED ACTIVITY
DEVELOPER,or personnel employed in the administration of the program,are prohibited
from using funds provided herein, for political activities, sectarian or religious activities,
lobbying, political patronage,and/or nepotism activities.
3.16 CONFLICT OF INTEREST
DEVELOPER 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 area or any parcels therein, which would conflict
in any manner or degree with the performance of this Agreement;and that no person having
any conflict of interest shall be employed by or subcontracted by the UEVELOPER.
DEVELOPER covenants that it will comply with all provisions of"Conflict of Interest,"
per FL Statute 287.057 and any additional State and County statutes, regulations,
CASA SAN JUAN DIEGO,LI I
Casa San Juan Diego
l.HTF-2024-25-001
CAO
16 07
ordinances, or resolutions governing conflicts of interest. All DEVELOPER employees
who work on activities associated with this Agreement shall complete the
Subrecipient/Developer/Vendor Conflict of Interest Disclosure Form prior to execution of
this Agreement.Any employees hired during the term of the Agreement who will work on
activities associated with the Agreement shall also complete and submit to the COUNTY
the Conflict of Interest Disclosure Form.
DEVELOPER 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 DEVELOPER. 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 at the COUNTY's sole
discretion. This provision is not intended to limit DEVELOPER's ability to self-manage
the Project using its own employees.
Any possible conflict of interest on the part of the DEVELOPER, 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 areas.
3.17 INCIDENT REPORTING
If DEVELOPER provides services to clients under this Agreement,DEVELOPER and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or
exploitation of a child, aged person, or disabled adult to the COUNTY.
During the term of this Agreement, DEVELOPER (or DEVELOPER'S management
company or other agents)must report to the COUNTY in writing, within one business day
of occurrence,any substantial,controversial,or newsworthy incidents.The Collier County
Incident Report Form(Exhibit F)shall be used to report all such incidents.
3.18 ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to and may be enforced by the COUNTY for
the duration of the Agreement.DEVELOPER warrants that it has not,and will not,execute
any other agreement with provisions contradictory to, or in opposition to, the provisions
hereof, and that, in any event, the requirements of this Agreement are paramount and
controlling as to the rights and obligations herein set forth and supersede any other
requirements in conflict herewith.
The parties acknowledge and agree that any agreements, contracts, or regulatory
agreements entered into by DEVELOPER R in connection with the senior construction and
permanent financing of the Project, or made in the ordinary course of business for the
operation and management of the apartment complex, including but not limited to
I
CASA SAN JEAN All GO,r:rl)
Cava San Juan Diego
1.HTF-2024-25.001
CAO
b D7
maintenance, leasing, or service-related contracts, shall not be deemed a violation of this
Agreement,provided such contracts are executed in good faith and consistent with standard
business practices.
3.19 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.
3,20 MISCELLANEOUS
DEVELOPER and COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this
Agreement,
i)EVFLOPER represents and warrants that the financial data, reports, and other
information it furnished to the COUNTY regarding the Project are accurate and complete,
and financial disclosures fairly represent the financial position of DEVELOPER.
DEVELOPER understands that client information collected under this Agreement is
private and the use or disclosure of such information,when not directly connected with the
administration of the COUNTY'S or DEVELOPER's responsibilities with respect to
services provided under this Agreement, is prohibited unless written consent is obtained
from such person receiving service and, in case of a minor, that of a responsible
parent/guardian.
DEVELOPER certifies that it has the legal authority to receive the Funds under this
Agreement and its governing body has authorized the execution and acceptance of this
Agreement. DEVELOPER also certifies that the undersigned person has the authority to
legally execute and bind DEVELOPER 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 state, and local laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the COUNTY.
Electronic Signatures. This Agreement,and related documents entered into in connection
with this Agreement,are signed when a party's signature is delivered by facsimile,e-mail,
,q
CASA SAN JUAN DIEGO.LTD
Casa San Juan Diego
LI FI}-2024-25-DOI
CAO
6 n 7
or any other electronic medium.These signatures must be treated in all respects as haviii p
the same force and effect as original signatures.
3,21 WAIVER
The COUNTY'S failure to act with respect to a breach by DEVELOPER 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.
Remainder of Page intentionally Left blank
20
CASA SAN JUAN DIEGO,LTD
Casa San Juan Diego
Lii I F.2024.25-001
C
t . 07
PART IV
GENERAL PROVISIONS
4.1 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. https://www.hud.gov/sites/documents/lX)C 7771.PDF
hops://www:justice.gov/crtlfair-housing-act-I
Executive Order 11063— Equal Opportunity in Housing
https:/lwww,archives,wv!federal-register/codilicyttion/executive-order/I t063.htn11
Executive Order 11259- Leadership&Coordination of Fair Housing in Federal Programs
ht tps://w w w.a reh v es igo fedcra I-rcgister/cudificJjpn/cxecutjve-9rder/12259.htrnf
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://w ww.J aw.cornel I,edu/cfr/text/24/part-107
Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of
1968,as amended https://www.hud.gov/prograindeseriptionititle624 CFR 570 as amended-
All the regulations regarding the CDHG program https;'/www.ecfr.gov/cgi-bin text-
idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tp1
4.2 DEVELOPER shall not assign or transfer any interest in this Agreement without the prior
written consent of the COUNTY thereto;provided, however, that claims for money due or
to become due to DEVELOPER from CHS under this Agreement may be assigned to a
hank, trust company, or other financial institution without such approval. Notice of any
such assignment or transfer shall be furnished promptly to CHS.
4.3 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations. EO 11246:
tlttps://www,dol.lzov/(agencies/ofccp/executi ve-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.4 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, et. seq. SURDEVELOPER will, in all solicitations or
advertisements for employees placed by or on behalf of SURDEVELOPER, state that it is
an Equal Opportunity or Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity
Commission(eeoc.gov)
4.5 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107,and 12086.
Age Discrimination Act of 1975
https:!/www.Iaw.cornelI.edu/uscode/text/42/chapter-76
11246: baps://www.dol.gov/ofccp/regs/statutes/eo 11246_htln
11375: Amended by EU 11478
11478:hops:/lwww.archives.go4/federal-register/cmlification/executive-order/I 1478.html
12107:https://www.archives.gov/federal-register/codi f icaticn'executive-order/12 107.html
21
CASA SAN JUAN 1111L.(;{1,1:t13
Casa San Juan Diego
t_Nl?-2024-25.001
CAO
16 07
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.6 Section 504 of the Rehabilitation Act of 1973,24 CFR 570.614 Subpart K.
Section 504: https:/rwww.dol.gov/agencies/oasam/centers-otticesicivil-riahts-
center/statutes/sect ion-504-rehabilitation-act-of-1973
29 USC 776: https:!/Iaw.onecic.com/uscode/29/776,htnI
24 CFR 570.614: https://www.Iaw.cornclLedu/cfr/text/24/570.614
4.7 The Americans with Disabilities Act of 1990:
https://www.ada.itov/#;--:text='he°/42OAmericans%20with%20Disabilities%20Act%20(
ADA)%20protects%20people%20with%20disabiIities.many%20areas%20oP/e20puhlic%
201ile.Americans with Disabilities Act of 1990,As Amended f ADA.gov
4.8 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context, except when specifically authorized. DEVELOPER
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.
baps://ojp.gov/about/ocr/pols/t_iseott'onvict ion Advisorv.pdt:
4.9 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.
4.10 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://www.lawserver.com/taw/state./floridatstatutes/florida statutes chapter 112_part ii
Collier County-
http://www.colliefgov.netlhome/showdocument?id=35137
4.11 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 that 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.
11111111111111111111111
22 CASA SAN JUAN DIEGO,t_:rl
Casa San Juan Diego
LM1P-2024-25.001
16Q7
1.12 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.
(No reference required for this item).
1.13 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 DEVELOPER 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 section 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 TILE DEVELOPER 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'.
hops://wwvi..11scnate.stogy•/Laws/Statutes/20I 2/44.102
1.14 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing
any work in furtherance hereof, the DEVELOPER 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.
h tp://www,leg,stutedl,us/Statutes/inden.efm?App mode-=Displav Statute&Search Strut
i;-&URL=0200-0299/0287/Sections/0287.133.html
1.15 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3),
all Florida private employers are required to verify employment eligibility for all new hires
beginning January I, 2021. Eligibility determination is not required for continuing
employees hired prior to January 1, 2021.
http:i/www.lcg.state.fl.us/statutes/index.cfm?App mode=D isplay_Statute&t1R L=0400-
0499/0448/0448.htm l
For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility, the DEVELOPER shall participate in, and use, F-Verify (www.e-
verify.gov), provided an appropriate person authorized to act on behalf of the recipient(or
uses F-Verify (and follows the proper E-Verify procedures, including in the event of a
23
ASA SAN J1JAN DiEGO,LTD
'asa San Juan Diego
Jli -2Q24.25-001
CAO
16U7
"Tentative Non-confirmation" or a "Final Non-confirmation") to confirm employment
eligibility for each hiring for a position in the United States that is or will be funded (in
whole or in part)with award funds.
Questions about E-Verify should be directed to DHS. For more information about E-Verify
visit the F.-Verify website (https:/!www,e-verity.gov0 or email E-Verify at EE--
Verily(i?dhs.gov. E-Verify employer agents can email E-Verify at 1z
Verify E�.mployerAen t( i.'clhs.gov.
4.16 Florida Statutes section 713.20, Part 1,Construction Liens
Statutes& Constitution :View Statutes : Online Sunshine(state.fl.us)
4.17 Florida Statutes section 119.021 Records Retention
Statutes& C'onstitution :View Statutes : Online Sunshine(state.fl.us)
4.18 Florida Statutes section 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Displav Statute&URJ.=0100-
0199/0119/Sections/0 I l 9.071.htm l
4.19 Trafficking in Persons: 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 of its employees. The details of SUBRECIPIENT'S obligations related to
prohibited conduct related to the trafficking of persons are posted at:
https://ojp.gov/fundi ng/Explore/ProhibitedConduct-Traft icking,htm.
Pursuant to Florida Statues 787.06, SUBRECIPIENT attests that it does not use coercion
for labor or services. SUBRECIPIENT shall provide an affidavit,under penalty of perjury,
signed by an officer or representative of the organization attesting that it does not use
coercion for labor services.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Displav Statute&URL=0700-
0799/0787!Sections/0787.06.html
4.20 Whistleblower Protections:
a. In accordance with 2 CFR 200.217 and 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:
24
CASA SAN JLIAN DIEGO,LTD
Casa San Juan I)icgo
LI ITF-2024-2S-001
CAO
1607
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 Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
The SUBRECIPIENT shall inform its employees in writing of whistleblowcr rights and
remedies provided under 2 CFR 200.217 and 41 U.S.C. ; 4712, in the predominant native
language of the workforce.
hops:!luscode.house.gov/view.xhtm I?retrIiitle:4 L°/420section:47 I 2%20edition:prel im)
All SUBRECIPIENT employees directly involved with activities associated with this
Agreement shall complete and submit to the COUNTY the Collier County Whistleblower
Protections Certification form (Exhibit Fp prior to execution of this Agreement. Any new
employees hired during the period of performance of this Agreement shall also complete
and submit the form to the COUNTY.
ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY
and DEVELOPER for the use of Funds received under this Agreement and it supersedes all prior
or contemporaneous communications and proposals,whether electronic,oral,or written,between
COUNTY and DEVELOPER with respect to this Agreement.
Signature Page to Follow
25
CASA SAN JUAN DIEGO,I:n)
Casa Sail Juan Diego
I.nnTF-2424-2c 001
CAO
16U7
IN WITNESS WHEREOF, the DEVELOPER 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
COLLIER COUNTY,FLORIDA
, Deputy Clerk
,,,'" ' ,1 ' %eq., Attest as to Chairman's By: ,
, ,*� - i, " .. signature only B L. S E S,CHAIRPERSON
at Q` 2.
} w 1241 Iq-S� Date:
AS TO DEVELOPER:
WITNESSES:
CASA SAN JUAN DIEGO,LTD,Florida
Limited Partnership
Witness#1 1,.gniiwINIrp
By: NDA SAN JUAN DIEGO, LLC,a Florida
. (PS'' ... Limited Liability Company,its Administrative
Witness#1 Printed Name General Partner
Cu4 WI--
' , ,
1'�'itrlcss 2 Sibnatu�e wBy: -71(097V:7
MATT MILLER,MANAGER
-\came 2
Witness#2 Printed Name Date: 111t4 i VC
['Please provide evidence of signing authority/
Appro - a , form and legality:
. ...itiit%Ln
Jeffrey ' ,7•w
Collier f ou Attorney
Date: 1 il il
CASA SAN JUAN nmc;n,1:1:7
Casa San Juan Diego
1.111'F-2024-25-001
i607
EXHIBIT A
INSURANCE REQUIREMENTS
The DEVELOPER shall furnish to Collier County Board of County Commissioners, c/o
Community and Human Services Division, 3339 1 . Tamiami Trail, Suite 213, Naples, Florida
34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as
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 Board
of County Commissioners 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 contract, 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 I --3 above,a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance, in the name of the DEVELOPER or the licensed design
professional employed by the DEVELOPER, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the DEVELOPER and/or
the design professional shall become legally obligated to pay as damages for claims arising
out of the services performed by the DEVELOPER or any person employed by the
DEVELOPER in connection with this contract. This insurance shall be maintained for a
period of two(2)years after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLI )
In addition to the insurance required in I -- 4 above, the DEVELOPER 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 one hundred (100%) percent of the insurable value of the building(s) or structure(s).
27
CASA SAN JUAN Dlr:GO,urn
Casa San Juan Diego
LH I I-2024-25-001
CAO
16 D ?
The policy shall be in the name of Collier County Board of County Commissioners and the
DEVELOPER.
6. in accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C.4001),the DEVELOPER shall assure that for activities located in an area identified
by the Federal 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 contract:
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 Board
of County Commissioners 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 contract 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 one hundred
(100%) of the replacement cost of the property. Collier County Board of County
Commissioners must be shown as a Loss payee, with respect to this coverage A.T.1.M.A.
I I. Flood Insurance coverage for those properties found to be within a flood hazard zone, for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County Board of County Commissioners as a Loss Payee A.T.I.M.A.
28
CASA SAN JUAN DIEGO,LID
Casa San Juan Diego
1.1117'-2024-25-001
CAO
16 D7
EXHIBIT B
BUDGET NARRATIVE
The total um: allocation to the DEVELOPER shall not exceed THIRTY-SEVEN
THOUSAND AND FIVE HUNDRED DOLLARS AND ZERO CENTS($37,500.00
Sources for these funds are as follows:
1111.111111111111111111111111111111111rUIT"F FUNDS
Project Component One:New Construction of Residential Rental $37,5(JO.00
Units
Total Funds $37,500.00
CASA SAN JUAN DIEGO,LTD
Cosa San Juan Diego
1,11'I'F-2024-25-CM
1607
EXHIBIT C
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION 1: REQUEST FOR PAYMENT
DEVELOPER Name: CASA SAN JUAN DIEGO, LTD
DEVELOPER Address: 12629 New Britany Blvd.,Bldg. 16, Fort Myers, Florida
Project Name:Casa San Juan Diego
Project No: I.t 1TE 2024-2025-001 Payment Request#
Total Payment Minus Retainage $0.00
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
DEVELOPER CHS Approved
1.Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3.Amount of Today's Request(Net of Retainage,if $ $
applicable)
4, Current Balance (Initial Amount Award request) $ $
(includes Retainage)
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 the provision of 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,Sections 2, 1001, 1343
and Title 31,Sections 3729-3730 and 3801-3812).
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$15,000 and Division Director(Approval required
above) $15,000 and above)
30
CASA SAN JUAN DIEGO,LTD
Cana San Juan Diego
I.Fm-2024-25-o0I
CAO
i6Q7
EXHIBIT D
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the
1O'h of the month following the prior quarter end.
Quarter Ending: Submittal Date:
Project Name:CASA SAN Jt AN DIEGO Project Number: Lt-1TF-2024-2025-001
DEVELOPER:CASA SAN JUAN DIEGO.LTD
• Contact Person: Alex Malhas
Telephone: (631)885-5460 Fax: ( Email:amalhasAnational-devc1opment.com
Project Component Describe your progress and any impediments experienced
during the reporting period
•
I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
11111111111M-
CASA SAN JUAN DIEGO,urn
Casa San loan Diego
L€1TF-2024-25-OOI
CAO
16137
!EXHIBIT 1:
ANN UAL AU 1)1'1' MONITORIN[: REPORT
If DEVELOPER expends $750,000 or more in State financial assistance during its fiscal year, it must have a
State Single or Project Specific audit conducted in accordance with Section 215.97, Florida Statutes;
applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), and Rules of the Auditor General. If DEVELOPER expends
less than $750,000 in State financial assistance during its fiscal year, it shall provide certification to the
COUNTY that single audit was not required. In determining State financial assistance expended,
DEVELOPER must consider all sources of State financial assistance, including assistance received from
Department of Children& Families, other State agencies, and other nonstate entities. This form may be used
to monitor Florida Single Audit Act(Florida Statutes Section 215.97) requirements.
Developer Name
First Date of Fiscal Year(MM/DD/YY) _ Last Date of Fiscal Year(MM/DD1YY)
Total State Financial Assistance Expended $
during most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The state expenditure threshold for our fiscal year ending as indicated above has been met
E and a Single Audit as required by Section 215.97, Florida Statutes has been completed or will
be completed by . Copies of the audit report and management letter are
attached or will beprovided within 30 days of completion_
B. We are not subject to the requirements of Section 215.97, Florida Statutes because we:
❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ 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,
•olicies etc. im+lemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature I Date:
Print Name and Title:
07/24/24
_
32
CASA SAN AN 171EGO,LTD
Casa Sara Juan Diego
LI1'1.F-7024?5 of?I
6 13 7
--See)
Collier County
Community & Human Services Division
EXHIBIT F
INCIDENT REPORT FORM
Organization Name: CASA SAN JUAN DIEGO, LTD
Organization Address: 12629 New Eiritany 131vd., Bldg. 16, Fort Myers, Florida
Project Name: CASA SAN JUAN DIEGO
Project No: LHTF-2024-2025-001
Grant Coordinator:
Date of Incident Time of Incident:
Report Submitted By:(Name
&Phone
Description of Incident:
Location/Address of Incident:
Was Police Report Filed? 0 Yes ❑No
If Yes,Police Report Number: Jurisdiction:
Were there any warning signs that this type of Incident could occur? 0 Yes ❑ No
If Yes,Explain:
What actions will he taken to prevent a recurrence of a similar incident?
I certify under penalty of perjury under F.S.837.06 that the contents of this form are true and correct.
Signature of Person Making Report Date
Printed Name
Title
Return completed form to: kristi Sonntag,Director,C'HS
Collier County Community and Human Services Division
3339"tirmivmi'Frail East,Bldg. H,Suite 213
Naples,FL 34112 Fax:(239)252-2638 CAO
137
EXHIBIT G
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
WHISTLEBLOWER PROTECTIONS CERTIFICATION
DEVELOPER Name:
DEVELOPI:,R Address:
Project Name:
Project No:
In accordance with 2 CFR 200.217 and 41 U.S.C. & 4712, DEVELOPER 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 grants,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.
The list of persons and entities referenced in the paragraph above includes the following:
• A member of Congress or a representative of a committee of Congress
• An Inspector General
• The Government Accountability Office
• A Treasury employee responsible for contract or grant oversight or management
• An authorized official of the Department of Justice or other law enforcement agency
• A court or grand jury
• A management official or other employee of DEVELOPER, contractor, or subcontractor
who has the responsibility to investigate,discover,or address misconduct
DEVEI.,OPER shall inform its employees in writing ofwhistleblower rights and remedies provided
under section 41 U.S.C. §4712, in the predominant native language of the workforce.
By signing this form, I certify that DEVELOPER Name will comply with all Whistleblower rights
and protections for its employees.
Name:
Signature:
Date:
Title:
Your typed name here represents your electronic signature
as
CASH SAN JUAN DIEGO,LID
CASA SAN JUAN t)II GO
I,I1Tf-2024-25-00I
CAO
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 nn
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .2�.255 BCC 7 MT
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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Adrienne Meijer Community and Human AM 12.02.2025
Services
2. County Attorney Office- County Attorney Office
I-Ai/1th /21/
3. BCC Office Board of County
Commissioners 55 k �S/ iZJ�J
4. Minutes and Records Clerk of Court's Office )0:1*-) 1
/�(
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 Adrienne Meijer Phone Number 239-252-5229
Contact/ Department
Agenda Date Item was 12/09/2025 Agenda Item Number
Approved by the BCC 16.D '7
Type of Document 3 ORIGINAL AGREEMENTS FOR HM24-01 Number of Original 3 ORIGINAL
Attached CSJD HOME COMMITMENT Documents Attached DOCUMENTS
PO number or account
number if document is
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 STAMP OK AM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be AM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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!
8. The document was approved by the BCC on above date and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County 1„LI__/ an option for
Attorney's Office has reviewed the changes,if applicable. H�►llrnrn this line.
9. Initials of attorney verifying that the attached document 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 ) . b an option for
Chairman's signature. this line.
it D7
MULTIFAMILY HOME-ASSISTED PROJECT LETTER OF COMMITMENT
DATE: PROJECT NAME: Casa San Juan Diego
DEVELOPER: Casa San Juan Diego, Ltd. PROJECT ADDRESS:
982 Boston Ave, Immokalee, FL 34142
HOME COMMITMENT AMOUNT: $1,250,000.00
Collier County intends to make a commitment to Casa San Juan Diego, Ltd, a Florida limited
partnership (DEVELOPER),pursuant to 24 CFR 92.504(c)(3) of the HOME program, subject to
all applicable federal, state, and local laws and regulations. The County has made Casa San Juan
Diego, Ltd. aware of the HOME Final Rule, specifically including the amendments to the
definition of "commitment" in 24 CFR 92.2 that prohibits the County, as a Participating
Jurisdiction and recipient of HOME funds and as transferor of such funds to DEVELOPER from
providing a commitment (as the term is defined therein) of HOME funds to any specific local
project until the County and DEVELOPER have executed a written legally binding agreement
under which HOME assistance will be provided to the DEVELOPER for the CASA SAN JUAN
DIEGO project.The DEVELOPER shall ensure all necessary financing has been secured,a budget
and schedule have been established, underwriting has been completed, and under which
construction is scheduled to start within 12 months of the agreement date and complete within four
years of the commitment date as established herein:
The County proposes to provide approximately$1,250,000.00 dollars in HOME Program funds.
The DEVELOPER is required to commit a 25 percent(25%)match. The Funds will be disbursed
during pre-development and construction at such time as all funding sources are committed and
available for disbursement, and subject to conditions precedent as customary for disposition and
development agreement. The HOME subordinate loan terms including a 0 percent (0%), non-
amortizing,20-year term,forgivable loan in sole but absolute discretion of the County at maturity.
The use of funds shall include:
1. Developer shall collect and provide to the County the necessary documentation for the County
to review the household income and eligibility within ninety (90) days of lease renewal. This
includes but is not limited to the documentation needed to conduct the income certification and
eligibility.
2. Developer shall review all documentation regarding property condition. Developers shall
collect sufficient documentation for existing housing including but not limited to all needed
inspections and documentation of repairs. For properties older than 10 years old, Developer
shall carefully review property conditions which may include but is not limited to examining
Casa San Juan Diego,Ltd.
Casa San Juan Diego
HM24-0I
CA
1607
photos and videos ofproperty,site visits to property,and careful review ofproof of repairs and
P �
inspections.
3. Eligible Tenants — One (1) HOME-assisted units must be leased to renters whose household
income must be determined to be at or below 50 percent(50%)of county area median income,
adjusted for household size, and four (4) HOME-assisted unit must be leased to renters at or
below 60 percent(60%)AMI adjusted for household size,throughout the affordability period.
Income is subject to third party verification. Income verification must be completed no more
than six(6)months prior to the date of lease approval or date of signed lease for the unit.
Repayment of HOME Funds by Developer-All HOME Funds are subject to repayment in the
event the use does not meet the requirements as outlined in this Commitment or Agreement
Number HM24-01.
Recapture of HOME Funds During Affordability Period—If the Developer sells the property,
prior to the end of the affordability period,the County will recapture the HOME Funds as follows.
The amount of assistance must be repaid by the Developer; however, in the event the Developer
proposes to transfer the Property at a price that will not generate a sum after payment of the First
Loan and all costs of the Sale, which is sufficient to pay the loan in full, the County agrees to
accept the funds remaining after payment of any superior lien and all costs of the sale ("Net
Proceeds")in full satisfaction of the loan.Notwithstanding the foregoing, if the price set out in the
Proposal does not reflect the fair market value of the Property, County shall have the right to
demand that the loan be paid in full.
The HOME Program funds committed to this project will be subject to an affordability period of
twenty (20) years from completion of the HOME-assisted units OR twenty-Two (22)years from
the effective date of the Agreement,whichever is later.During the affordability period,all housing
units in the Project must pass HOME Program construction, occupancy, and physical condition
requirements as well as federal Housing Quality Standards/NSPIRE annual inspections,(and other
standards, as applicable) at the completion of construction and thereafter, as required by HOME
Program regulations as amended by the 2025 HOME Final Rule, and meet federal program
limitations and other applicable federal, state, and local laws and regulations as to be set forth in
the letter of commitment and the agreement number HM24-01. The affordability restriction is set
forth in the form of a Deed Restriction, Note and Mortgage with conditions, covenants, and
restrictions affecting use,ownership,operation,management,maintenance,transfer,and financing
of the Project and will be placed on the property utilizing these funds.The Deed Restriction,Note,
and Mortgage will be recorded in the Official Records of Collier County, and a subordinate
encumbrance against the Site and,to the extent permitted by the Tax Credit Rules,senior financing
(and refinancing thereof) respective of regulatory agreements and the tax credit EUA, and such
items on the title report.All monetary liens shall be subject to and remain subordinate to the Deed
Restriction.
Casa San Juan Diego,Ltd.
Casa San Juan Diego 2
HM24-01
16D7
Monitoring Requirements - All HOME assisted properties are subject to ongoing compliance
requirements for the affordability period at a cost of$100 per unit or$500 every three years.
The Funds -The percentage of HOME Program funds utilized versus the total project cost. This
"pro-rata" number will be used to determine the total number of HOME-assisted units for this
project. As such the total number of Low HOME-assisted units for this project is five (5). These
HOME units will be reserved for clients who meet the HUD HOME Program low-income limit
requirement throughout the affordability period. The terms and conditions as listed in the
Subrecipient Agreement Number HM24-01 shall remain in effect. The project shall have five(5)
fixed low HOME rent units,zero (0)floating units, and zero (0)units for special needs clients.
Program Regulations-At all times during the term of participation in the program,the Developer
shall comply with all the regulations pursuant to the HOME Program Regulations(24 CFR 92),as
the same may be amended from time to time, including but not limited to the following:
1. Each unit shall qualify as and shall be maintained as "affordable housing" as prescribed in
applicable HOME Regulations(see 24 CFR 92.254 and other applicable HOME regulations).
2. Each unit shall meet the "Property Standards" as prescribed in the Program Regulations (see
24 CFR 92.251 and other applicable HOME regulations).
3. The Developer shall comply with the limitations on the uses of HOME funds as prescribed in
the HOME Regulations(see 24 CFR 92.257 and other applicable HOME regulations).
4. Income determinations for potentially eligible households shall be made in accordance with
HOME Regulations(see 24 CFR 92.203 and other applicable HOME regulations).
Affirmative Marketing - The Developer shall act in accordance with the affirmative marketing
requirements(24 CFR 92.351) if applicable.
Record keeping and Reporting—Information and supporting documentation shall be submitted
to the County annually. In addition, copies of lease documents must be received by the County
annually.The Developer shall submit to the County such lease revisions and updates of documents
as may be necessary.The Developer shall also submit to the County such other information as the
County may reasonably request in writing concerning the operations conducted under this
Commitment or Agreement Number HM24-01, including but not limited to:
1. The Developer agrees to submit any and all reports required by HUD or the County.
2. The Developer shall collect and maintain tenant beneficiary information pertaining to
household size, income levels, racial characteristics, and the presence of female headed
households in order to determine low and moderate-income benefit in a cumulative and
individual manner. Income documentation shall be in a form consistent with HOME
requirements.
Casa San Juan Diego,Ltd.
Casa San Juan Diego 3
HM24-01
CA
� bn7
Performance Measures - Funds will be disbursed to Developer only in the case of successful
completion of units for approved, eligible tenants.As long as units continue to be assisted under
the Program,this written commitment will remain in place until significant changes are necessary
per County or HUD.
Default—County shall have no obligation to disburse HOME Funds if Developer fails to satisfy
any of the terms and conditions of the Commitment or Agreement#HM24-01.
Prohibited Activities
1. None of the HOME Funds provided under the Program shall be used for any political activity
or for any candidate for public office.
2. There shall be no religious instruction conducted in connection with the Developer's activities
addressed in this Commitment.
3. Developer will not discriminate against any person employed in the performance of this
Commitment or Agreement Number HM24-01, or against any applicant for housing assisted
under this Agreement, because of race, sex, age, creed, color, disability, family status, or
national origin.Developer will ensure that applicant households are processed,and employees
are treated during employment,without regard to race,sex,age, creed,color,disability,family
status or national origin.
4. This Commitment shall be binding on and inure to the benefit of the County, its successors and
assigns. The Developer may not assign all or any part of its interest in this Commitment or
Agreement Number HM24-01 or delegate any duty or obligation hereunder without the prior
written consent of the County.
Limitation of Liability -Except as set forth in the next paragraph of this Section, but otherwise
notwithstanding anything to the contrary in this Mortgage,the Note,or any other Loan Document,
the Mortgagee expressly agrees that the liability of Mortgagor shall be strictly and absolutely
limited to the property encumbered by the Mortgage,namely,the Development(including,but not
limited to the leases, rents, profits, and issues thereof) and any other collateral now or hereafter
securing the Loan. If an Event of Default shall occur, the Mortgagee shall not and may not seek
any judgment for a deficiency or for the payment of principal or interest of the indebtedness
secured hereby,against the Mortgagor or any member or partner of the Mortgagor(in their capacity
as manager or general partner) in any action to foreclose, to exercise a power of sale, to confirm
any foreclosure or sale under power of sale, or to exercise any other rights of power under or by
reason of the Loan Documents evidencing or securing the obligations of the Mortgagor with
respect to the Loan except to the extent required in order to proceed with judicial proceedings to
foreclose this Mortgage or any other Loan Document or except for a judgment or decree of specific
performance of agreements and covenants under the Loan Documents (or the exercise of any
remedy available under the Land Use Restriction Agreement),other than Mortgagee Loan payment
covenants. In the event any suit is brought on the Loan Documents,or concerning the Loan or any
Casa San Juan Diego,Ltd.
Casa San Juan Diego 4
HM24-01
e10
16D7
amount secured by the Mortgage or other Loan Documents as part of judicial proceedings to
foreclose the Mortgage and/or any other security interest granted to the Mortgagee, or to confirm
any foreclosure or sale pursuant to power of sale thereunder, any judgment obtained in such suit
shall constitute a lien on and will be and can be enforced only against, the property encumbered
by the Mortgage and the other Loan Documents, and the leases, rents, profits, and issues thereof
and not against any other asset of the Mortgagor or any partner of the Mortgagor,and the terms of
such judgment shall expressly so provide.
Notwithstanding anything herein to the contrary in this Mortgage, the Mortgagor, and its general
partner or manager shall be personally liable for, and the Mortgagee shall have the right to seek a
judgment for,money damages(including a deficiency judgment)to enforce or collect any or all of
the following:
I. The fees of the Mortgagee, the Servicer, and their extraordinary costs and expenses,
including but not limited to reasonable legal fees and reasonable out-of-pocket costs and
expenses of the Mortgagee's counsel incurred in connection with the interpretation or
enforcement of the Agreement,the Mortgage,the Note, the Loan Documents, or the Land
Use Restriction Agreement;
2. Indemnification provisions in favor of the Mortgagee set forth in the Loan Documents(but
excluding any indemnity provisions which would result in the payment of principal and
interest under the Loan);
3. The leases, rents, profits and issues of the Development following any payment default
(without regard to the expiration of any cure period, if any)to the extent misapplied;
4. Liability for intentional waste, destruction, or damage to the Development or any part
thereof;
5. All obligations under the Land Use Restriction Agreement (excluding any obligations
therein relating to the payment of principal and interest under the Note);
6. All condemnation awards and payments in lieu thereof and/or insurance proceeds received
by Mortgagor which are not applied to the reasonable costs of the restoration of the
Development or to the obligations of Mortgagor under the First Mortgage,the Subordinate
Mortgage, or under the Loan Documents;
7. The cost to restore the Development as a result of a casualty if the net available insurance
proceeds are allowed to be applied to restoration, to the extent that the costs of such
restoration is not reimbursed by insurance; and
8. Any liability, damage, cost, or expense incurred by Mortgagee and/or the Servicer as a
result of any willful misconduct,fraud,gross negligence,material misrepresentation or bad
faith by Mortgagor.
Casa San Juan Diego,Ltd.
Casa San Juan Diego 5
HM24-dl
1607
All of the foregoing recourse obligations shall bear interest at a rate equal to the lesser of(i) the
maximum rate of interest permitted under applicable law or(ii)eighteen percent(18%)per annum,
from the due date thereof(or, in the case of liability and indemnification for removal or cleanup
of environmental hazards, from the date demand for payment thereof is made)until the date paid
in full. No provision of any Loan Document shall be deemed to waive, amend, or modify the
recourse obligations set forth herein unless such provision expressly references this Section.
Miscellaneous
1. Title and paragraph headings are for convenient reference and are not a part of this
Commitment.
2. No waiver or breach of any provision of this Commitment shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
3. The parties hereto agree that this Commitment shall be construed and enforced according to
the laws of the State of Florida.
4. Developer shall indemnify and hold the County harmless from and against any negligent
claims, liabilities, losses and causes of action which may arise out of Developer's activities
under this Commitment, including all other acts or omissions to act on the part of Developer
including any person acting for or on its behalf, and, from and against any orders,judgments,
or decrees which may be entered and from and against all costs, attorney's fees,expenses and
liabilities incurred in the defense of any such claims, or in the investigation thereof.
5. Funding for this Commitment is contingent on the availability of HOME Funds and continued
authorization for program activities and is subject to amendment or termination due to lack of
funds, or authorization,reduction of funds, and/or change in regulations.
This Specific Home-Assisted Project Commitment is intended to implement the Agreement,
Number HM24-01, as it may be amended or modified,between County and Casa San Juan Diego,
Ltd. Should a conflict arise between the Specific Home-Assisted Project Letter of Commitment
and the Subrecipient Agreement, the Mortgage, the Promissory Note, and the Declaration the
executed Subrecipient Agreement will prevail.
Please indicate your acceptance of this HOME Program Commitment by executing this
Commitment in the space provided below.
Signature Page to Follow
Casa San Juan Diego,Ltd.
Casa San Juan Diego 6
HM24-01 C
t 6 0 7
ail,
The terms and conditions of this Commitment are hereby accepted under seal as of the day of
Dcuml c, , 2025.
IN WITNESS WHEREOF, the DEVELOPER and the COUNTY have each, respectively,
by an authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY
Crystal K. Kinzel, CLERK COMMISSIONERS OF COLLIER
COUNT , FLORIDA
- ----4,r)€� C .w4.„2-44.- ,Clerk By: , Cliegiga.4—
urt L. aun ers, Chairman
Dated. "I l?4" 2.0�_'
.' 9'Date: IZ� /Z
%/a. NY,, (SEAL) CASA SAN JUAN DIEGO, LTD., Florida
'
limited partnership
By: NDA Casa San Juan Diego, LLC, a
Florida limited liability company, its
Administrative General Partner
By:
Matt ew D. Miller, Manager
Date: I t It"(DC
Approv as and legality:
Jeffrey . Kt tz ow
Collier oun Attorney
Date: tt 1
Casa San Juan Diego,Ltd.
Casa San Juan Diego 7
I IM24-0I
c10
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 12.09.25 BCC M1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 7 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the CountrAttorneeyy 6ffice
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. Adrienne Meijer Community and Human AM 12.02.2025
Services
2. County Attorney Office— County Attorney Office
jAkim 4
3. BCC Office Board of County
Commissioners CIS V4-\\7(
1k/ 17/4. Minutes and Records Clerk of Court's OfficeJ i
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 Adrienne Meijer Phone Number 239-252-5229
Contact/ Depai latent
Agenda Date Item was 12/09/2025 Agenda Item Number
Approved by the BCC 16.D 7
Type of Document 3 ORIGINAL AGREEMENTS FOR HM24-01 Number of Original 3 ORIGINAL
Attached CSJD HOME AGREEMENT Documents Attached DOCUMENTS
PO number or account
number if document is
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 STAMP OK AM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be AM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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!
8. The document was approved by the BCC on above date and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County -11,k , an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the I N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the .kJ6.2 an option for
Chairman's signature. this line.
1607
FAIN # M-20-UC-12-0217
M-21-UC-12-0217
M-22-UC-12-0217
Federal Award Date January 2021,
September 2021,
November 2022
Federal Award Agency HUD
CFDA Name Home Investment
Partnerships (HOME)
CFDA/CSFA# 14.218
Total Amount of $1,250,000.00
Federal Funds
Awarded
DEVELOPER Name Casa San Juan Diego,
Ltd.
UEI PJF9FEL2JHN5
FEIN 86-1495416
R&D N/A
Indirect Cost Rate No
Period of Performance December 9, 2025,to
September 30,2029
Fiscal Year End June 30
AGREEMENT BETWEEN COLLIER COUNTY
AND
CASA SAN JUAN DIEGO,LTD.
HOME Rental Development
THIS AGREEMENT is made and entered into this g t4 day of Decl"bcr
, 2025, by and between Collier County, a political subdivision of the State of Florida,
(COUNTY)having its principal address as 3339 Tamiami Trail East,Suite 213,Naples, FL 34112,
and CASA SAN JUAN DIEGO, LTD. (DEVELOPER) a Florida limited partnership existing
under the laws of the State of Florida, having its principal office at 12629 New Brittany
Boulevard,Building. 16,Fort Myers, FL 33907.
WHEREAS,the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development(HUD)as
provided by the Cranston-Gonzalez National Affordable Housing Act, as amended; and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the
Collier County Consolidated Plan One-Year Action Plans for Federal Fiscal Years 2020-2021,
2021-2022, and 2022-2023 for the HOME Program on June 23,2020,June 22,2021,and June 28,
2022,-Agenda Items#16.D.17,#16.D.7 and#16.D.4 respectively and;
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 1
0 ki3
16D7
WHEREAS, HUD has approved the COUNTY'S Consolidated Plan One-Year Action
Plan for Federal Fiscal Years 2020-2021,2021-2022-and 2022-2023 for the HOME Program and
the use of the HOME funds for the activities identified in the Plan; and
WHEREAS,the COUNTY and DEVELOPER desire to provide the activities specified in
this Agreement, in accordance with the approved One-Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained,the Parties agree as follows:
PART I
SCOPE OF WORK
DEVELOPER shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing HOME funds, as determined by Collier County Community
&Human Services (CHS),perform the tasks necessary to conduct the program as follows:
Project Name: Casa San Juan Diego
Description of project and outcome: The project includes development of 80 multi-family
rental apartment units in Immokalee,FL.This development will serve eligible individuals
and households within the low-income range for Collier County. HOME funding for this
project will support the construction of five(5)units designated as HOME-Assisted fixed
units. The DEVELOPER will be responsible for ensuring 90 percent(90%)or four(4) of
tenants of the HOME-Assisted fixed units will be at or below 60 percent (60%) AMI
throughout the affordability period,and 20 percent(20%)or one(1)of the HOME-Assisted
units must house tenants below 50 percent(50%)AMI for the duration of the affordability
period.This rule is applicable during the project's full twenty(20)year affordability period,
per 24 CFR 92.252.
Project Component One:Pre-development costs including but not limited to permitting and
survey fees, developer fees, bond and insurance fees, professional services, site work,
infrastructure, labor and materials, and connection fees; as well as construction costs
including but not limited to development of affordable housing, on-site work, site
improvements,project management, appliances,and labor and materials.
1. Project Tasks:
1. Maintain documentation on all households served, in compliance with
24 CFR Part 92
2. Provide quarterly reports on meeting HOME Eligible Activity
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 2
CAO
1607
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, DEVELOPER
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. DEVELOPER must submit the following policies and forms within sixty (60) days of
Agreement execution:
® Fair Housing Policy
® Marketing Plan
® Affirmative Action/Equal Opportunity Policy
® Conflict of Interest Policy(COI)and related COI Forms
® Procurement Policy
►1 Program Income Reuse Plan
® Tenant Policy Manual
❑ Residential Anti-displacement and Relocation Policy
® Sexual Harassment Policy
® Section 3 Policy
® Section 504/ADA Policy
® Fraud, Waste, and Abuse Policy
® Violence Against Women Act(VAWA) Policy
® Civil Rights Policy
® Language Assistance and Planning Policy (LAP)
® Limited English Proficiency Policy(LEP)
® Drug-Free Workplace Policy
C. Limited English Proficiency—Persons who,as a result of national origin,do not speak
English as their primary language and who have limited ability to speak,read,write,or
understand English ("limited English proficient persons" or "LEP persons") may be
entitled to language assistance under Title VI of the Civil Rights Act of 1964(Title VI),
in order to receive a particular service, benefit, or encounter. In accordance with Title
VI and its implementing regulations, DEVELOPER agrees to take reasonable steps to
ensure meaningful access by LEP persons to activities funded with HUD Funds. Any
of the following actions could constitute "reasonable steps," depending on the
circumstances: acquiring translators to translate vital documents, advertisements, or
notices; acquiring interpreters for face-to-face interviews with LEP persons; placing
advertisements and notices in newspapers that serve LEP persons;partnering with other
organizations that serve LEP populations to provide interpretation, translation, or
dissemination of information regarding the project; hiring bilingual employees or
volunteers for outreach and intake activities; contracting with a telephone line
interpreter service; etc.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 3
CAO
1607
D. Environmental Review Requirement (ERR) - This Agreement does not constitute a
commitment of Funds or site approval.The commitment of Funds or site approval may
occur only upon satisfactory completion of environmental review executed by the
COUNTY and either (i) the determination that the project is Exempt or (ii) the
COUNTY's receipt of an approved request for release of funds and certification from
HUD, under 24 CFR Part 58. 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 of the environmental review. No program costs can be incurred until an
environmental review of the project is completed and approved by the COUNTY.
Further, the DEVELOPER will not undertake any activity or commit any funds prior
to CHS issuance of the Notice to Proceed (NTP) letter. If DEVELOPER fails to move
forward with the project following the ERR clearance, DEVELOPER shall pay the
COUNTY for the cost of the Environmental Review. Violation of this provision may
result in the termination of this subaward and/or the denial of any reimbursement of
funds under this Agreement.
E. Build America, Buy America — NOT APPLICABE FOR THIS PROJECT.
DEVELOPER must comply with the requirements of the Build America,Buy America
(BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be
amended, if applicable to the DEVELOPER's infrastructure project. Pursuant to
HUD's Notice,"Public Interest Phased Implementation Waiver for FY 2022 and 2023
of Build America, Buy America Provisions as Applied to Recipients of HUD Federal
Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the
applicable listed effective dates, are subject to BABA requirements, unless excepted
by a waiver. All infrastructure project contracts and subcontracts must contain Buy
America Preference (BAP) compliance requirements for product and material
purchases, the requirement to maintain records that verify compliance with the BAP,
and that any project-specific waiver be approved prior to purchasing products or
materials not produced in the U.S.
If BABA is applicable to this Agreement, DEVELOPER shall maintain a BABA
construction checklist, product certification letter(s), and other supporting
documentation or BABA waiver, as applicable, and provide such documentation, as
requested by CHS.
F. Conflict of Interest—DEVELOPER must have written conflict of interest policies. The
HOME Program distinguishes between two types of conflict of interest: one related to
organizations that carry out the project (recipients or subrecipients), and another
specific to individuals involved in providing services and day-to-day project
operations. DEVELOPER shall have written policies related to both types of conflicts
of interest.
With respect to the use of HOME funds to procure services, equipment, supplies, or
other property, the DEVELOPER shall comply with 2 CFR part 200. With respect to
all other decisions involving the use of HOME funds, the following restrictions shall
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 4
CAO
16U7
apply: No person who is an employee, agency consultant, officer, or elected or
appointed official of the DEVELOPER and who exercises or has exercised any
functions or responsibilities with respect to assisted activities, or who is in a position
to participate in a decision-making process or gain inside information with regard to
such activities,may obtain a person or financial interest or benefit from the activity,or
have an interest in any contract, subcontract, or agreement with respect thereto, or the
process thereunder, either for himself or herself or for those with whom he or she has
family or business ties, during his or her tenure for one year thereafter. If a conflict or
a potential or perceived conflict of interest is to occur,the DEVELOPER must contact
the COUNTY to determine whether an exception will be allowed as prescribed by the
applicable federal regulations.
G. Annual DEVELOPER Training - All DEVELOPER staff assigned to the
administration and implementation of the Project, established by this Agreement, shall
attend the CHS-sponsored Annual DEVELOPER Fair Housing and Income
Certification training sessions and all other CHS-offered training, relevant to the
Project,as determined by the Grant Coordinator,not to exceed four(4)sessions.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
FY2023-2024 Action Plan identified and approved the Project to perform the tasks
necessary to conduct the program as follows:
Activity HOME Budget Cost Sharing
Amount Liability
Project Component One: Pre-development costs $1,250,000.00 $312,500.00
including but not limited to permitting and survey fees,
developer fees, bond and insurance fees, professional
services,site work, infrastructure, labor and materials,
and connection fees; as well as construction costs
including but not limited to development of affordable
housing, on-site work, site improvements, project
management,appliances, and labor and materials.
Cost Sharing: $312,500.00 Minimum
Required cost
sharing 25%of
total HOME
funds expended
Grand Total: $1,250,000.00 $312,500.00
Casa San Juan Diego,Ltd.
HM24-0 1
Casa San Juan Diego Page 5
CAO
16D7
DEVELOPER will accomplish the following project tasks:
® Maintain and retain at DEVELOPER location, beneficiary income
certification documentation, using Exhibit D as amended, or CHS Director-
approved presumed benefit documentation, and provide to the COUNTY as
requested.
® Maintain documentation on all households served, in compliance with 24 CFR
92.508.
® Provide Quarterly reports on project status(Exhibit C)and meeting an eligible
activity.
® Provide Quarterly Fair Housing Calls Report
® Ensure attendance by a representative from Executive Management, at
Quarterly Partnership Meetings, as requested by CHS.
• Identify Lead Project Manager
® Provide Site Design and Specifications, as applicable.
® Prepare Bid Specifications and Engineer's Cost Estimate, if applicable.
n Obtain Sealed Bids and provide associated procurement documentation.
® Provide monthly construction and rehabilitation progress reports until
completion of construction or rehabilitation.
® Submit Change Orders for CHS approval prior to DEVELOPER authorizing
work.
Comply with Build America, Buy America Act (BABA) and maintain
supporting documentation.
n Comply with Davis-Bacon Act Labor Standards and maintain support
documentation.
® Comply with Section 3 reporting requirements and maintain supporting
documentation.
n Provide certified payroll weekly throughout construction and rehabilitation.
Comply with Uniform Relocation Act(URA), if applicable
® Ensure the applicable number of units are Section 504/ADA accessible.
® Provide Market Study to show there is reasonable expectation that properties
can be under contract,within six(6)months of completion of construction and
closed within three (3) months of going under contract.
® Provide Project Proforma to include the amount, source, use, and terms of all
funding sources for construction and permanent financing
n Provide As-Built Appraisals
® Provide an Affirmative Marketing Plan including policies for marketing
accessible units.
Construction:
Cost Overruns. DEVELOPER shall be solely responsible for ensuring completion of
construction, within budget, as identified on the sources and uses statement, approved
as a part of this Agreement. Any cost overruns will be the sole responsibility of the
DEVELOPER.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 6
CA 0
1607
Construction Financing. DEVELOPER shall close on DEVELOPER'S construction
financing, if applicable, before requesting any draws under this Agreement.
Construction Schedule.
1. Begin Construction. DEVELOPER is encouraged to begin construction by
January 1, 2026, however, construction must begin no later than December 31,
2026.
2. Substantial Completion.DEVELOPER shall substantially complete construction
of all new units no later than September 30,2027.
a. Completion of construction shall in all cases be subject to extensions for a
time period equal to the delay in completion caused as a result of an
Excusable Delay. As used herein, the term "Excusable Delay" shall mean
any delay in performance due to strikes,lockouts,or other labor or industrial
disturbance; civil disturbance; future order of any government, court or
regulatory body claiming jurisdiction; act of the public enemy; war; riot;
sabotage;blockade;embargo;lightning;earthquake;fire;hurricane;tornado;
flood; washout; explosion; unusually inclement weather; moratorium; or
other unusual delay in obtaining necessary governmental permits or
approvals (with DEVELOPER using commercially reasonable efforts to
obtain the same); or any other cause whatsoever beyond the reasonable
control of DEVELOPER (excluding financial inability to perform) to the
extent that in each case of Excusable Delay, DEVELOPER has notified the
COUNTY Grant Coordinator in writing within ten (10) days after the
occurrence of each Excusable Delay event, and has specified in detail the
circumstances constituting the Excusable Delay and the anticipated number
of days by which performance is delayed as a result thereof. The COUNTY,
in its sole and reasonable discretion, shall determine whether the delay is an
Excusable Delay.
Construction Methods and Techniques. DEVELOPER shall be solely responsible for
all construction methods, techniques, and procedures and shall furnish all materials,
equipment, machinery, tools, and labor to perform the work required to complete
construction.All materials shall be new and of good quality.
B. Income Requirements
With respect to rental assistance, 100 percent(100%)of HOME Funds made available
during a fiscal year must be invested in dwellings that are occupied by households
qualifying as low-income families at or below 60 percent(60%)AMI according to 24
CFR Part 5 Definition of Income.
Income must be determined using the Part 5 ("Section 8") method found at 24 CFR
§5.609. DEVELOPER is required to provide CHS with income information on the
proposed renters to determine their income eligibility. The HUD Exchange web site
provides an income eligibility calculator that can be used by DEVELOPER to perform
Casa San Juan Diego,Ltd.
HM24-Ol
Casa San Juan Diego Page 7
CAO
t fl7
an initial assessment to determine income eligibility for the HOME program. The link
below contains a guide for using this income eligibility calculator.
https://www.hudexchange.info/resources/documents/CPDlncomeEligibilityCalculator
User%20Manual Version2.0.pd
The DEVELOPER is permitted less frequent procedures for small-scale rental housing
projects (one to four total units) for reexamination of annual income and tenant
selection.
C. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Insurance Certificate Within 30 days of
(Exhibit A) Agreement execution,and
annually within 30 days of
renewal
Special Grant Condition Policies as stated in this Within thirty(60)days of
Policies(Section 1.1) agreement Agreement Execution
HOME Cost Sharing Documentation of Monthly with pay request
Requirement DEVELOPER Activities
Exhibit B-1
Detailed Project Schedule Project Schedule Within 60 days of
Agreement Execution
Project Plans and Site Plans and Specifications Within 60 days of
Specifications Agreement Execution
Procurement Documents(Bid Not applicable to this N/A
Packet)* agreement.
Subcontractor log Not applicable to this N/A
agreement.
Davis-Bacon Act Certified Not applicable to this N/A
Payroll agreement.
Build America,Buy America Not applicable to this N/A
(BABA)Documentation agreement.
Income Certification Exhibit D Prior to Occupancy and
Documentation annually thereafter through
the affordability period
Quarterly Project Exhibit C Quarterly within 45 days
Performance Report after quarter end,until
project completion
Rent Roll Summary of Tenant Income Annually until the end of
and Income Limit,Rent and the affordability period.
Rent Limit by unit(Rent Roll)
®
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 8
CAO
16D7
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Tenant Lease Agreement Copy of Lease Agreement Prior to occupancy and
annually until the end of the
affordability period.
Maintenance Plan Maintenance Plan Manual Upon lease up and annually,
throughout the affordability
period, if revised.
Maintenance Agreement Executed Agreement with Initial lease up,and
Maintenance Vendor, if annually throughout the
applicable affordability period.
Continued Use Certification Continued Use Affidavit Annually throughout the
affordability period.
Fair Housing Calls Report Fair Housing Call Log Quarterly within 45 days
following the end of the
quarter. Annually after
closeout.
Section 3 Report Section 3 Report Quarterly within 45days
following the end of the
quarter.Annually after
closeout.
Collier County Inventory Exhibit G Annually,within 60 days
Form after FY end
Annual Audit Monitoring Exhibit E Annually,within 60 days
Report after FY end
Financial and Compliance Audit, Management Letter, and Annually nine (9)months
Audit Supporting Documentation after FY end for Single
Audit OR for Developers
not requiring a Single
Audit, 180 days after FY
end,until 2049
Capital Needs Assessment Plan approved by the Initial Plan due after lease-
COUNTY up and annual thereafter,
prior to the start of
DEVELOPER'S fiscal year
until 2049.
Conflict of Interest Form Subrecipient/DeveloperNendor Upon execution of the
Conflict of Interest Disclosure Agreement,for all
Form employees who work on
activities associated with
the grant and upon hiring of
all new employees who will
work on activities related to
the project.
------- . _----- -----...----_-------
Casa San Juan Diego,Ltd.
HM24-0 I
Casa San Juan Diego Page 9
CAO
ib137
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Whistleblower Protections Exhibit H Upon execution of the
Certification Agreement, for all
employees who work on
activities associated with
the grant and upon hiring of
all new employees who will
work on activities related to
the project.
Anti-Discrimination Exhibit I Within 30 days of
Certification to certify Agreement Execution and
compliance with Title VI and annually throughout the
other Federal Civil Rights affordability period.
Statutes
Affidavit Regarding Labor Affidavit Upon Agreement execution.
and Services(Trafficking)
No Enemy Contract Affidavit Affidavit Upon Agreement execution.
Certification of Drug Free Exhibit J Within 30 days of
Workplace Agreement execution and
annually throughout the
affordability period.
* DEVELOPER's Notice to Proceed may be withheld if program deliverables are not submitted
in a timely manner,as stated in Section 1.2.C,Performance Deliverables.DEVELOPER must
submit all Change Orders required during the project to the COUNTY for approval. Failure
to submit Change Orders in a timely manner,may result in delay or withholding of payment,
as well as a cease work order until all change orders have been reviewed and approved, at
which time a new Notice to Proceed will be issued. The COUNTY recognizes that Change
Orders require urgent attention. The COUNTY agrees to acknowledge receipt of Change
Orders within two(2)business days of submission,with the exception of those Change Orders
that constitute an emergency. Barring any issues, approval will be provided within five (5)
business days of submission.
D. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component One: Pre- Exhibit B and supporting Monthly pay requests due
development costs including but documents as evidenced by within 45 days after the
not limited to permitting and invoices,canceled checks end of the month expense
survey fees, developer fees, bond and/or banking documents, is incurred.
and insurance fees,professional and any additional
services, site work, documents as needed.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 10
CAO
16Q7
infrastructure, labor and
materials,and connection fees; 10%retainage will be
as well as construction costs deducted from each invoice
including but not limited to and the final 10%will be
development of affordable released upon monitoring
housing,on-site work,site clearance and final
improvements,project documentation of project
management, appliances,and scope completion.
labor and materials.
Cost Sharing Submission of Exhibit B-1 Monthly,with pay request
and supporting documents equivalent to or exceeding
may also include cash or in- 25%of reimbursement
kind documentation;to request.
include canceled checks,
banking statements,
invoices; additional
documentation may be
requested
The final 10 percent (10%) of award amount will be paid upon completion of final monitoring
clearance and project scope completion. DEVELOPER'S failure to complete the scope of work
for the project will require repayment of the HOME investment under this Agreement. Project
completion must be achieved within four(4)years of the commitment date, or the entire amount
paid to date must be returned to the COUNTY with non-Federal funds.
E. The Loan
The COUNTY has approved a deferred payment loan(the"Loan")with HOME funds
in the amount of ONE MILLION TWO HUNDRED FIFTY THOUSAND AND
NO/100 DOLLARS ($1,250,000) for the construction of the Project to be secured by
that certain HOME Investment Partnership Act Mortgage dated as of[ ] by
DEVELOPER in favor of the COUNTY (the "Mortgage"), and evidenced by that
certain Promissory Note for the Loan Amount dated as of[ ],from DEVELOPER
payable to the order of the COUNTY (the "Note"). The principal shall be non-
amortizing,bear interest at zero percent(0%),and payment of all outstanding principal,
together with all accrued and unpaid interest thereon, if any, shall be due and payable
on the maturity date,which shall be twenty(20)years from completion of the HOME-
assisted units OR twenty-two (22) years from the effective date of the Agreement,
whichever is later (the "Maturity Date"), and prior to such date, no payments of
principal shall be required. The entire principal and interest due under this Note may
be forgiven in the sole and absolute discretion of the Collier County Board of County
Commissioners at the Maturity Date.
Casa San Juan Diego,Ltd.
HM24-0 I
Casa San Juan Diego Page I
CAO
1607
F. Subordination
The promissory note, mortgage, and LURA required under the Agreement shall be
subordinate to (1) the superior mortgage lien holders providing DEVELOPER
construction and permanent financing for the Project;and(2)the DEVELOPER's low-
income housing tax credit extended use agreement and any Land Use Restriction
Agreement required by Florida Housing.As such,the COUNTY agrees to execute and
deliver subordination agreements, if any, reasonably requested by the superior
mortgage lien holders providing the DEVELOPER construction and permanent loans
in a form reasonably acceptable to the COUNTY.
1.3 PERIOD OF PERFORMANCE
DEVELOPER's services shall begin on December 9, 2025, and end on September 30,
2029. Construction activities shall be completed by August 31,2027. and the affordability
period shall cease twenty years after the completion date.
DURATION OF AGREEMENT
The duration of the DEVELOPER Agreement is as follows:
Agreement Effective Date December 9,2025
Deadline for Commitment of Funds (12
months) December 9,2026
Deadline for Expenditure of Funds(2 years) December 9,2027
Deadline for Initial Occupancy (18 months) June 9,2027
Agreement Termination Date(4 years) September 30,2029
Deadline for Receipt of Final Reimbursement
Request August 1,2029
24 CFR section 92.205(e)(2)requires the termination of projects not completed within four
(4)years of the commitment(Agreement execution)date. Project completion occurs when:
• All necessary title transfer requirements and construction work have been completed.
• Project complies with HOME requirements, including property standards.
• Final drawdown of HOME Funds has been disbursed.
• Project completion information has been entered in IDIS.
• For rental projects, project completion occurs upon construction completion and
before occupancy.
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,following receipt of DEVELOPER's written
request submitted at least 30 days prior to Agreement period of performance end date.
Extensions must be authorized, in writing,by formal letter to the DEVELOPER.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 12
(T A
� 607
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE MILLION TWO HUNDRED FIFTY
THOUSAND DOLLARS AND ZERO CENTS($1,250,000.00)for DEVELOPER's use
during the Term of the Agreement (hereinafter, the forecasted amount including, without
limitation, any additional amounts included thereto as a result of a subsequent
amendment(s)to the Agreement, shall be referred to as the Funds). This Agreement shall
remain in effect until all HOME Funds and program income are no longer under the control
of DEVELOPER.
Modification to the Budget and Scope may only be made if approved in advance.
Cumulative Fund shifts among line items may be approved administratively by CHS
Director or designee for a total of up to 10 percent (10%) of the total funding agreement
and shall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall
require formal amendment and approval by the Board of County Commissioners(Board).
The COUNTY shall reimburse DEVELOPER for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
DEVELOPER may not request disbursement of HOME funds until needed for the payment
of eligible costs,and all disbursement requests must be limited to the amount needed at the
time of the request. However, invoices for work performed are required every month.
DEVELOPER may expend Funds only for allowable costs resulting from obligations
incurred during the term of this Agreement.If no work has been performed during a month,
or if DEVELOPER is not yet prepared to send the required backup,a$0 invoice is required.
Explanations may be required if two consecutive months of$0 invoices are submitted.
Payments shall be made to DEVELOPER when requested as work progresses,but not more
frequently than once per month. Reimbursement will not occur if DEVELOPER fails to
perform the minimum level of service required by this Agreement.
COUNTY will pay DEVELOPER Funds available under this Agreement based on
information submitted by DEVELOPER and consistent with any approved budget and
COUNTY policy concerning payments.
Final invoices are due no later than 90 days after the end of the Agreement, with the
exception of retainage, which may be held beyond the end date until all deliverables are
met. Work performed during the term of the Agreement but not invoiced within 90 days
after the end of the Agreement may not be processed without written authorization from
the Grant Coordinator.
CHS may withhold any pay request until approved by CHS for grant compliance and
adherence to any and all applicable Local,State,or Federal requirements, including timely
submission of Performance Deliverables contained in Section 1.2.C. Late submission of
deliverables or evidence of project inactivity may cause payment suspension of any
open pay requests until the required deliverables are received or substantial project
progression occurs, as determined by CHS. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice, and in compliance
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 13
CAO
16 U7
with sections 218.70-218.80,Florida Statutes,otherwise known as the"Local Government
Prompt Payment Act."
1.5 COST SHARING REQUIRED (24 CFR 92.218)
Cost Sharing is required for HOME Funds. DEVELOPER is required to provide cost
sharing funds throughout a fiscal year when identified as an eligible source, such as
contributions to housing activities that qualify as affordable housing under the HOME
program. Contributions that have been or will be counted as satisfying a cost sharing
requirement of another Federal grant or award may not count as satisfying the cost sharing
contribution requirement for the HOME program.Pursuant to Florida Administrative Code
67-37.007 the State Housing Initiatives Partnership(SHIP)Program funds may be used as
required cost sharing funds for HOME eligible activities.
1.6 COST PRINCIPLES
Payments to the DEVELOPER are governed by the Federal grants management rule for
cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this
section(Section 1.6,Cost Principles)of the Agreement,DEVELOPERS are excluded from
2 CFR 200 Subpart E.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 Part I — Scope of Work. DEVELOPER may only incur direct costs that may be
attributed specifically to the project(s) referenced above. DEVELOPER must provide
adequate documentation for validating costs incurred.Payments to contractors and vendors
are conditioned upon compliance with the procurement requirements provided in 2 CFR
200.318-200.327 if applicable. Allowable costs incurred by non-profit subrecipients and
procured private contractors shall comply with 2 CFR 200 Subpart E - Cost Principles.
DEVELOPER may not be subject to 2 CFR 200 Subpart E;however,the COUNTY is and
may impose requirements upon DEVELOPER so that COUNTY can remain compliant
with its obligation to follow 2 CFR 200 Subpart E. DEVELOPER will use adequate
internal controls and maintain necessary source documentation for all costs incurred and
adhere to any other accounting requirements included in this Agreement.
1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice 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 individuals in the capacities indicated below, unless otherwise modified
by subsequent written notice.
COLLIER COUNTY ATTENTION: Carrie Kurutz, Grants Coordinator
Collier County Community& Human Services Division
3339 Tamiami Trail East, Suite 213
Naples,FL 34112
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 14
16 07
Email: Carrie.Kurutz@collier.gov
Telephone: (239)252-2664
DEVELOPER ATTENTION: Matthew D. Miller
Casa San Juan Diego, Ltd.c/o
National Development of America, Inc.
12629 New Brittany Boulevard
Building 16
Fort Myers, FL 33907
Email: mmiller@national-development.com
Telephone: (239)275-8029 Office, (239)691-5559 Cell
WITH COPIES TO: Nelson Mullins Riley& Scarborough LLP
390 North Orange Avenue, Suite 1400
Orlando,Florida 32801
Attention: Randy Alligood,Esq.
Email: Randy.alligood@nelsonmullins.com
Telephone:407-669-4202
Casa San Juan Diego Housing of Collier, LLC
1000 Pinebrook Road
Venice,Florida 34285
Trenam Law
200 Central Avenue, Suite 1600
St. Petersburg,FL 33701
Attention: Joseph A. DiVito, Esq.
Matthew Payne,Esq.
RJ MT Casa San Juan Diego LLC
INVESTOR do Raymond James Affordable Housing Investments,
Inc.
880 Carillon Parkway
St. Petersburg,Florida 33716
Facsimile No.: 727-567-8455
Attention: Steven J. Kropf,President
Low Income Housing Tax Investor
WITH A COPY TO: Nixon Peabody LLP
Exchange Place
53 State Street
Boston, MA 02109
Attn:Nathan A. Bernard
Facsimile No.: 617-345-1236
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 15
CAO
1607
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
During the term of this Agreement,DEVELOPER shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit E)no later than 60 days after DEVELOPER'S fiscal year
end. In addition, DEVELOPER shall submit to the COUNTY a financial and compliance
Single Audit report, Management Letter, and supporting documentation nine (9) months
(or audited financial statements one hundred eighty (180) days for Subrecipients exempt
from Single Audit) after the DEVELOPER'S fiscal year end. The COUNTY will conduct
an annual financial and programmatic review.
DEVELOPER shall fully clear any deficiencies noted in audit reports within 30 days after
receipt of the report. DEVELOPER'S failure to comply with the above audit requirements
will constitute a violation of this Agreement and may result in withholding of future
payments. DEVELOPER hereby agrees to have an annual agency audit conducted in.
accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR
200.501.
Federal award amounts expended shall be determined in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
DEVELOPER shall maintain sufficient records, in accordance with 24 CFR 92.508, to
determine compliance with the requirements of this Agreement,the HOME Program, and
all other applicable laws and regulations. This documentation shall include but is not
limited to,the following:
A. All records required by HOME regulations.
B. DEVELOPER shall keep and maintain public records that ordinarily and
necessarily are required by COUNTY in order to perform the service.
C. DEVELOPER shall make available to the COUNTY or CHS at any time upon
request, all reports, plans, surveys, information, documents, maps, books, records
and other data, and procedures developed, prepared, assembled, or completed by
DEVELOPER for the purpose of 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 to properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 16
CAO
16fl7
expenses of whatever nature for which reimbursement is claimed under the
provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to CHS if
requested.In any event,DEVELOPER shall maintain all documents and records in
an orderly fashion in a readily accessible,permanent,and secured location for five
(5) years after the end of the affordability period, as prescribed in 24 CFR
92.508(c).However, 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 DEVELOPER
ceases to exist after the closeout of this Agreement, it will notify the COUNTY in
writing, of the address where the records are to be kept, as outlined in 2 CFR
200.337.DEVELOPER shall meet all requirements for retaining public records and
transfer, at no cost to COUNTY, all public records in DEVELOPER'S possession
upon termination of the Agreement, and destroy any duplicate, exempt, or
confidential public records that are released from public records disclosure
requirements. All records stored electronically must be provided to COUNTY in a
format that is compatible with the COUNTY's information technology systems.
IF DEVELOPER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-5837,
3299 Tamiami Trail East, Naples, FL 34112,
Angel.Bates(a,collier.gov.
E. For rental housing projects, records must be retained for three (3) years after the
project completion date;however,records of individual tenant income certification,
project rents, and project inspections for the most recent five-year period must be
retained until five(5)years after the end of the affordability period.
F. NOT APPLICABLE FOR THIS AGREEMENT. DEVELOPER shall maintain
records showing compliance with the Davis-Bacon Act, if applicable, including
files containing contractor payrolls,employee interviews,Davis-Bacon wage rates,
and administrative cross-referencing. DEVELOPER shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety
Law. Similarly, DEVELOPER shall maintain records showing compliance with
Federal purchasing requirements and other Federal requirements for grant
implementation.
G. The applicability of labor standard provisions under the HOME program apply to
any contract for the construction of 12 or more HOME-assisted units(Section 286,
National Affordable Housing Act of 1990, as amended).
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 17
CAO
16D7
H. DEVELOPER shall create and maintain income eligibility files on clients served,
and documentation that all households are eligible under HUD Income Guidelines.
DEVELOPER agrees that CHS shall be the final arbiter on DEVELOPER'S
compliance.
I. DEVELOPER is encouraged to engage in efforts to assure compliance with the Fair
Housing Act(423601 et seq.)through Fair Housing activities offered to real estate
brokers,the general public,and other interested parties;and to track and report Fair
Housing calls received. DEVELOPER shall establish a system to log all Fair
Housing calls. The system must track the nature of the calls; actions taken in
response to the calls; results of the actions taken; and, if the caller was referred to
another agency, the results obtained by the referral agency. DEVELOPER must
submit this call log to CHS quarterly, no later than 45 calendar days after the end
of each quarter.
J. DEVELOPER shall take reasonable cybersecurity and other measures to safeguard
information including protected personally identifiable information(PII)and other
types of information in accordance with 2 CFR 200.303(e). This includes
information that HUD or the COUNTY designates as sensitive, or other
information the COUNTY considers sensitive and is consistent with applicable
Federal, State, and Local laws regarding privacy and responsibility over
confidentiality.
K. DEVELOPER shall provide the public with access to public records on the same
terms and conditions that the COUNTY would provide them at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided
by law. DEVELOPER shall ensure that exempt or confidential public records that
are released from public records disclosure requirements are not disclosed except
as authorized by law.
2.3 MONITORING
DEVELOPER agrees that CHS will 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.
At the COUNTY'S discretion, it will impose a monitoring fee of$100 per unit, for a
maximum of$5,000 per property every three years. Fees are based on average staff time
and costs of materials. Ongoing monitoring fees may be included in the project
underwriting.
In addition, the COUNTY shall, at a minimum, conduct inspections every three (3) years
during the affordability period, in accordance with 24 CFR 92.504(c), and National
Standards for the Physical Inspection of Real Estate (NSPIRE) inspections shall be
completed in accordance with 24 CFR 93.404(c). The continuation of this Agreement is
dependent upon satisfactory evaluations. Upon request by CHS, DEVELOPER shall
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 18
CAO
16fl7
submit information and status reports required by CHS or HUD,to enable CHS to evaluate
said progress and allow for completion of required reports.DEVELOPER shall allow CHS
or HUD to monitor the DEVELOPER on site. Such site visits may be scheduled or
unscheduled as determined by CHS or HUD.
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, DEVELOPER shall make available for review,
inspection, or audit all records, documentation, and any other data relating to all matters
covered by the Agreement, in compliance with 24 CFR 92.504.
COUNTY will monitor DEVELOPER'S performance in an attempt to mitigate fraud,
waste, abuse, and nonperformance, based on goals and performance standards as stated
with all other applicable Federal,State,and Local 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 DEVELOPER does not take corrective action within a reasonable time period after being
notified by CHS, Agreement suspension or termination procedures will be initiated.
DEVELOPER agrees to provide HUD,the HUD Office of Inspector General,the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all
records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
DEVELOPER shall establish,maintain,and utilize internal control systems and procedures
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of
this Agreement, and provide proper and effective management of all Program and Fiscal
activities of the Agreement.DEVELOPER'S internal control systems,all transactions,and
other significant events shall be clearly documented and readily available for monitoring
by CHS.
DEVELOPER shall provide COUNTY with complete access to all of its records,
employees, and agents for the purpose of monitoring or investigating the performance of
the Agreement. DEVELOPER shall fully cooperate with COUNTY's efforts to detect,
investigate, and prevent fraud,waste,and abuse.
DEVELOPER may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY,or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 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 make acceptable progress on such corrective action plans.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 19
CAO
1 6 D
Upon initial finding of non-compliance,the County shall send written notice of the default
or breach to the DEVELOPER. The DEVELOPER shall have a period of thirty (30) days
after receipt of the notice to cure such default or breach. If such default or breach may not
effectively be cured within such 30-day period, Developer may request additional time
with explanation of reasonable efforts and diligence.
To effectively enforce 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.The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
DEVELOPER,which requires DEVELOPER to submit a corrective action plan to
CHS within 10 business days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted and accepted.
• CHS will be available to provide Technical Assistance (TA) to
DEVELOPER, as needed, in order to correct the noncompliance issue.
2. If DEVELOPER fails to submit the corrective action plan in a timely manner, CHS
may require a portion of the awarded grant amount to be returned to the COUNTY.
• CHS may require DEVELOPER to return upwards of 5 percent(5%)of the
award amount to the COUNTY,at the discretion of the Board.
• DEVELOPER may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. If DEVELOPER remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance by
certified mail; CHS may require a portion of the awarded grant amount or the
amount of HOME investment for acquisition of the properties conveyed, be
returned to the COUNTY.
• CHS may require DEVELOPER to return upwards of 10 percent(10%) of
the award amount to the COUNTY,at the discretion of the Board.
• DEVELOPER will be considered in violation of Resolution No. 2013-228.
4. If after repeated notification, DEVELOPER 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 Agreement.DEVELOPER will be required to repay all funds disbursed
by the COUNTY for the terminated project. This includes the amount
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 20
CAO
I6El7
invested by the COUNTY for the initial acquisition of the properties or
other activities.
• DEVELOPER will be considered in violation of Resolution No. 2013-228
If DEVELOPER has multiple agreements with CHS and is found to be noncompliant,the
above sanctions may be imposed across all awards at the COUNTY's discretion.
2.6 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and the resolution of monitoring findings identified pursuant
to this Agreement, as deemed necessary by the County Manager or designee. Reports
showing lack of project activity may result in withholding of payment or issuance of
a Notice of Noncompliance.
During the term of this Agreement, DEVELOPER shall submit quarterly progress reports
to the COUNTY within 45 days after the prior quarter period end. As part of the report
submitted at the end of the project,DEVELOPER also agrees to include a comprehensive
final report covering the agreed-upon Program objectives, activities, and expenditures,
including but not limited to,performance data on client feedback with respect to the goals
and objectives set forth in Exhibit C, which is the reporting form to be used for fulfilling
this requirement.DEVELOPER shall submit quarterly Fair Housing Call Log reports along
with the quarterly project progress reports. Other reporting requirements may be required
by the County Manager or designee in the event of 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.
Remainder of Page Intentionally Left Blank
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 21
CAO
1 6 D 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 COUNTY'S sole discretion and
judgment. DEVELOPER shall cause all provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of this
Agreement.
3.2 GENERAL COMPLIANCE
DEVELOPER agrees to comply with all applicable requirements of 24 CFR Part 92 of
HOME Investment Partnerships Program Grants including subpart H of these regulations,
except that (1) the DEVELOPER does not assume the COUNTY'S environmental
responsibilities described in 24 CFR 570.604 and (2) the DEVELOPER does not assume
the COUNTY'S responsibility for initiating the review process under the provisions of 24
CFR Parts 50 and 58. DEVELOPER also agrees to comply with all other applicable
Federal, State, and Local laws, regulations, and policies governing the Funds provided
under this Agreement. DEVELOPER further agrees to utilize funds available under this
Agreement to supplement rather than supplant funds otherwise available.
DEVELOPER is prohibited from using Funds provided herein, or personnel employed in
the administration of the program for political activities, inherently religious activities,
lobbying,political patronage,and nepotism activities.
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.
DEVELOPER 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 DEVELOPER is independent of the COUNTY.
3.4 AMENDMENTS
The COUNTY or DEVELOPER may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
COUNTY'S governing body. Such amendments shall not invalidate this Agreement, nor
relieve or release the COUNTY or DEVELOPER from its obligations under this
Agreement.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 22
CAC
16 07
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, 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 DEVELOPER.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD provided HOME grant funds
and must be implemented in full compliance with all of HUD'S rules and regulations and
any agreement between COUNTY and HUD governing HOME funds pertaining to this
Agreement. In the event of curtailment or non-production of said Federal Funds, the
financial resources necessary to continue to pay DEVELOPER all or any portion of the
funds will not be available. In that event, the COUNTY may terminate this Agreement,
which shall be effective as of the date 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, DEVELOPER 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 DEVELOPER under the terms of this
Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law,DEVELOPER shall indemnify and hold
harmless Collier 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
DEVELOPER 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 DEVELOPER 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. DEVELOPER shall pay all claims and losses of any nature whatsoever in
connection therewith, defend all suits in the name of the COUNTY, and 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 Collier 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 or
termination of this Agreement.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 23
CAO
1607
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
DEVELOPER agrees that all notices, informational pamphlets, press releases,
advertisements,descriptions of Program sponsorships,research reports, and similar public
notices prepared and released by the DEVELOPER for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT(HUD)AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
The statement shall appear in the same size letters or type as the DEVELOPER'S name.
This design concept is intended to disseminate key information to the general public
regarding the development team as well as the Equal Housing Opportunity. Construction
signs shall comply with applicable COUNTY codes. If this Agreement results in any
copyrightable material or inventions, CHS and/or the COUNTY reserve the right to
royalty-free,non-exclusive,and irrevocable license to reproduce,publish,or otherwise use;
and authorize others to use the work or materials for governmental purposes.
3.8 SUSPENSION AND DEBARMENT
DEVELOPER 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 DEVELOPER shall not
knowingly enter into any lower tier contract,or other covered transaction,with a suspended
or debarred contractor or vendor,as outlined in Executive Orders 12549(1986)and 12689
(1989),2 CFR 200.214,and further detailed in Section 4.18.
3.9 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341,this Agreement may be terminated for convenience by
either the COUNTY or DEVELOPER, in whole or in part,by setting forth the reasons for
such termination,the effective date, and, in the case of partial termination,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 by the COUNTY, if the award no longer effectuates the program
goals or grantor agency priorities.
Upon initial finding of non-compliance, the COUNTY shall send written notice of the
default or breach to the DEVELOPER. The DEVELOPER shall have a period of thirty
(30)days after receipt of the notice to cure such default or breach.If such default or breach
may not effectively be cured within such 30-day period, DEVELOPER may request
additional time with explanation of reasonable efforts and diligence.
Casa San Juan Diego,Ltd.
HM24-O 1
Casa San Juan Diego Page 24
CAO
16137
The following actions or inactions by DEVELOPER shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules,regulations,or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies, or
directives as may become applicable at any time.
B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely
and proper manner.
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 DEVELOPER relating to the Project.
In the event of any default by DEVELOPER under this Agreement, the COUNTY may
seek any combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of, or change in,professional property management, if applicable
C. Require DEVELOPER to immediately repay to the COUNTY all HOME Funds
DEVELOPER has received under this Agreement.
D. Apply sanctions set forth in 24 CFR 92, if determined by the COUNTY to be
applicable
E. Stop all payments until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to DEVELOPER and specifying
the effective date of such termination. If the Agreement is terminated by the
COUNTY as provided herein, DEVELOPER shall have no claim of payment or
benefit for any incomplete project activities undertaken under this Agreement.
3.10 REVERSION OF ASSETS
Upon expiration or termination of this Agreement, in addition to any and all other remedies
available to the COUNTY (whether under this Agreement or at law or in equity),
DEVELOPER shall immediately transfer to the COUNTY any funds on hand at the time
of termination(or expiration)and any accounts receivable attributable to the use of HOME
Funds,per 24 CFR 92.503(b).
The COUNTY'S receipt of any funds on hand at the time of termination shall not waive
the COUNTY'S right(nor excuse DEVELOPER'S obligation)to recoup all or any portion
of the Funds or property,as the COUNTY may deem necessary.Regulations regarding real
property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 92.503(b).
All program assets(unexpended program income,property,equipment,etc.)shall revert to
CHS upon termination of this Agreement.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 25
CAO
iO7
Upon completion of the project, the COUNTY will enforce affordability for the property
through deed restrictions. CHS will fully execute and record a land use restriction(LURA)
for the period associated with the amount of HOME assistance provided by the COUNTY.
3.11 INSURANCE
DEVELOPER shall not commence any work and/or services pursuant to this Agreement
until all required insurance,as outlined in Exhibit A and 2 CFR 200.310, is obtained. Said
insurance shall be carried continuously during DEVELOPER'S performance under the
Agreement. DEVELOPER shall carry sufficient insurance coverage to protect contract
assets from loss due to theft,fraud,and/or undue physical damage,and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the COUNTY.
3.12 ADMINISTRATIVE REQUIREMENTS
DEVELOPER agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements for Cost
Principles and Audit Requirements for Federal Awards(2 CFR 200 et seq.),and the Federal
regulations for the HOME funds (24 CFR 92 et seq.).
3.13 PURCHASING
As DEVELOPER is a program beneficiary and thus distinct from Subrecipient or
Contractor,Federal Procurement standards(2 CFR 200.318 through 200.327)do not apply.
To the extent applicable to DEVELOPER, all improvements specified in Part I, Scope of
Work, shall be performed by DEVELOPER employees or be put out to competitive
bidding, under a procedure acceptable to the COUNTY. DEVELOPER shall enter into
contracts for improvements with the lowest, qualified,responsible and responsive bidder.
Contract administration shall be managed by DEVELOPER and monitored by CHS,which
shall have access to all records and documents related to the project.
To the extent applicable to DEVELOPER, in accordance with HUD Minimum Energy
Standards and Requirements, DEVELOPER shall comply with the 2021 International
Energy Conservation Code (IECC) for newly built single family/multi-family low rise
buildings, and American Society of Refrigeration and Air Conditioning Engineers
(ASHRAE) 90.1-2019 for multi-family buildings with four or more stories.
To the extent applicable to DEVELOPER and in accordance with 2 CFR 200.323,
DEVELOPER 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.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 26
CAO
1607
NOT APPLICABLE TO THIS PROJECT. DEVELOPER must comply with the
requirements of the Build America, Buy America (BABA)Act, P.L. 117-58 and 41 USC
Chapter 83-Buy American, and all applicable rules and notices, as may be amended, if
applicable to the DEVELOPER's infrastructure project. Pursuant to HUD's Notice,
"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America,
Buy America Provisions as Applied to Recipients of the HUD Federal Financial
Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed
effective dates, are subject to BABA requirements, unless excepted by a waiver.
3.14 PROGRAM-GENERATED INCOME
DEVELOPER agrees to comply with policy to the extent applicable to the DEVELOPER
for this project. If Program Income is derived from the use of HOME Funds disbursed
under this Agreement, such Program Income shall be utilized by DEVELOPER for
HOME-eligible activities approved by the COUNTY.Any Program Income, as defined in
24 CFR 92.2, gained from any DEVELOPER activity funded by HOME Funds, shall be
reported to the COUNTY through an annual Program Income Reuse Plan, utilized by
DEVELOPER accordingly, and shall be compliant with 2 CFR 200.307 and 24 CFR
92.503(a) in the operation of the Program. When Program Income is generated by an
activity that is only partially assisted with HOME funds,the income shall be prorated
to reflect the percentage of HOME funds used. If there is a Program Income balance at
the end of the Program Year, such balance shall revert to the COUNTY'S HOME Grant
Program for further reallocation.
Equipment/Supplies: Per 45 CFR 75,Equipment is defined as tangible personal property
(including information technology systems)having a useful life of more than one year and
a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the non-Federal entity for financial statement purposes, or $5,000. The
Collier County Inventory form (Exhibit G) must be completed by DEVELOPER and
submitted to the COUNTY annually if applicable to eligible costs reimbursed with HOME
funds.
Supplies are defined as all tangible personal property other than those described as
Equipment.A computing device is a supply if the acquisition cost is less than the lesser of
the capitalization level established by the non-Federal entity for financial state purposes or
$5,000,regardless of the length of its useful life.
At the end of the Grant period, the DEVELOPER must request disposition instructions
from the COUNTY for unused equipment acquired under this Agreement.If the COUNTY
fails to provide the requested instructions within 120 days, the unused equipment with a
value of$5,000 or less, may be retained, sold, or otherwise disposed of with no further
responsibility to the COUNTY.However,the COUNTY is entitled to an amount calculated
by multiplying the percentage of the COUNTY's contribution towards the original
purchase by the current market value or proceeds from the sale. If the equipment is sold,
the COUNTY may permit the DEVELOPER to retain, from the Federal share, $1,000 of
Casa San Juan Diego,Ltd.
11M24-01
Casa San Juan Diego Page 27
CAO
1607
the proceeds to cover the expenses associated with the selling and handling of the
equipment.
At the end of the Grant period, unused supplies with a value exceeding $5,000 acquired
under this Agreement must be sold by the DEVELOPER. The COUNTY is entitled to
compensation in an amount calculated by multiplying the percentage of the COUNTY's
contribution towards the cost of the original purchase(s) by the current market value or
proceeds from the sale. If supplies are sold,the COUNTY may permit the DEVELOPER
to retain,from the Federal share,$1,000 of the proceeds to cover expenses associated with
the selling and handling of the supplies.
3.15 GRANT CLOSEOUT PROCEDURES
DEVELOPER'S obligation to the COUNTY shall not end until all closeout requirements
are completed.DEVELOPER may close out the project with the COUNTY after the twenty
(20) year affordability period has been met. Activities during this closeout period shall
include, but are not limited to making final payments, disposing of program assets
(including the return of all unused materials, equipment, program income balances, and
receivable accounts to the COUNTY), and determining the custodianship of records. In
addition to the records retention outlined in Section 2.2 (Records and Documentation) of
this Agreement, DEVELOPER 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.Any balance of unobligated Funds
which have been advanced or paid must be returned to the COUNTY.Any funds paid that
exceed the amount to which DEVELOPER is entitled under the terms and conditions of
this Agreement must be refunded to the COUNTY. DEVELOPER shall also produce
records and information that comply with section 215.97, Florida Statutes, the Florida
Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344
and ensure all Federal grant requirements have been completed.The COUNTY will record
a Mortgage, Deed, and Note upon completion of each HOME unit. DEVELOPER shall
execute any additional documents and provide additional information as necessary for the
COUNTY to enter into these additional documents.
3.16 RESALE AND RECAPTURE PROVISION
DEVELOPER must repay to the COUNTY any HOME funds invested in housing that does
not meet the affordability requirements for the period specified in § 92.252 or§ 92.254, as
applicable. If the project is terminated before completion, either voluntarily or otherwise,
the DEVELOPER must repay to the COUNTY any HOME funds invested in the project.
In addition,any HOME funds used for costs that are not eligible under the HOME program
must be repaid in accordance § 92.454. Recaptured HOME funds must be used in
accordance with the requirements of§ 92.454(a)(5)(ii) and deposited in the COUNTY'S
HOME Investment Trust Fund local account to be used for other HOME projects.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 28
CAO
1607
3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
DEVELOPER 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.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment. In addition, 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 to the greatest feasible extent.DEVELOPER shall
comply with Section 3 of the Housing and Community Development Act of 1968.
3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSINESS ENTERPRISES
DEVELOPER 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 terms"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(51%) owned and controlled by minority group members or women. For
the purpose of this definition, "minority group members" are Black Americans, Hispanic
Americans, Asian/Pacific Americans, Native Americans, and Hasidic Jews. The
DEVELOPER may rely on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent investigation.
3.19 PROGRAM BENEFICIARIES
Funds invested in dwelling units that are assisted with HOME Funds must be occupied by
households that qualify as low-income (at or below 60 percent(60%) of AMI). For rental
programs,income certification will be conducted prior to move-in and annually thereafter.
Income eligibility of tenants will be reviewed during interim monitoring, closeout
monitoring, and annually during the affordability period.
3.20 AFFIRMATIVE ACTION
THIS IS NOT REQUIRED AT THIS TIME,however,should any Executive Order change,
the COUNTY reserves the right to require the plan upon such change. DEVELOPER.
agrees to carry out an Affirmative Action Program pursuant to the COUNTY'S
specifications in keeping with the principles provided in President's Executive Order
11246 of September 24, 1966.DEVELOPER shall submit its Affirmative Action Program
for approval by the COUNTY prior to the award of Funds. If the Affirmative Action Plan
is updated throughout the affordability period, DEVELOPER shall submit it to the
Casa San Juan Diego,Ltd.
I IM24-0I
Casa San Juan Diego Page 29
CAO
4 6 13
COUNTY within 60 days of any update/modification. DEVELOPER's contracting officer
will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding,a notice advising the labor union
or worker's representative of DEVELOPER's commitments hereunder and shall post
copies of the notice in conspicuous places available to all employees and applicants for
employment.
3.21 FEES
DEVELOPER agrees that it shall not charge servicing, origination, or other fees for the
purpose of covering costs of administering the HOME program,except as permitted by 24
CFR 92.214(b)(1).
3.22 CONFLICT OF INTEREST
DEVELOPER 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. In addition,
DEVELOPER shall not employ or subcontract any person having any conflict of interest.
DEVELOPER covenants that it will comply with all provisions of 24 CFR 92.356(f)
"Conflict of Interest,"and State and County statutes,regulations,ordinances,or resolutions
governing conflicts of interest. All DEVELOPER employees who work on activities
associated with this Agreement shall complete the Subrecipient/Developer/Vendor
Conflict of Interest Disclosure Form prior to execution of this Agreement.Any employees
hired later during the period of performance for this Agreement who will work on activities
associated with this Agreement shall also complete and submit to the COUNTY the
Conflict of Interest Disclosure Form.
DEVELOPER 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 DEVELOPER. 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 DEVELOPER'S ability to self-manage
the projects using its own employees.
Any possible conflict of interest on the part of the DEVELOPER or its employees 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 of and participation of low-and moderate-income
residents of the project target area.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 30
CAC
i D7
3.23 BYRD ANTI-LOBBYING AMENDMENT
The COUNTY, DEVELOPER, and their contractors certify that they will not, and have
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, and
more fully described in Section 4.46 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
HOME Funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set forth in Section 24 CFR 92.257.
and consistent with 24 CFR 5.109. DEVELOPER 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 employment or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not
limit such services or give preference to persons on the basis of 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 that it does not use direct HOME 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, HOME
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 HOME funds. Sanctuaries, chapels, or other
rooms that a HOME funded religious congregation uses as its principal place of
worship,however, are ineligible for HOME funded improvements.
3.25 INCIDENT REPORTING
If DEVELOPER provides services to clients under this Agreement,DEVELOPER and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,
neglect,or exploitation of a child, aged person,or disabled person.
During the term of this Agreement,DEVELOPER must report to the COUNTY in writing,
within one business day of occurrence, any substantial, controversial, or newsworthy
incidents. The Collier County Incident Report Form (Exhibit F) shall be used to report all
such incidents.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 31
CAO
D7
3.26 DUPLICATION OF EFFORT
DEVELOPER certifies that costs for work to be performed under this Agreement and any
subcontract do not duplicate any costs charged against any other contract, subcontract, or
other source, in accordance with 48 CFR 1331.205-70. SUBRECIPENT agrees to advise
the COUNTY in writing of any other contract or subcontract it has performed or is
performing which involves work directly related to the purpose of this Agreement.
3.27 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.
3.28 MISCELLANEOUS
DEVELOPER and COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this
Agreement.
DEVELOPER represents and warrants that the financial data, reports, and other
information it furnished to the COUNTY regarding the Project are accurate and complete,
and financial disclosures fairly represent the financial position of DEVELOPER.
DEVELOPER understands that client information collected under this Agreement is
private and the use or disclosure of such information,when not directly connected with the
administration of the COUNTY'S or DEVELOPER's responsibilities with respect to
services provided under this Agreement, is prohibited unless written consent is obtained
from such person receiving service and, in case of a minor, that of a responsible
parent/guardian.
DEVELOPER certifies that it has the legal authority to receive the funds under this
Agreement and its governing body has authorized the execution and acceptance of this
Agreement. DEVELOPER also certifies that the undersigned person has the authority to
legally execute and bind DEVELOPER 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. Any
suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal of state courts
in Collier County Florida, which courts have sole and exclusive jurisdiction on all such
matters.
Casa San Juan Diego,Ltd.
HM24-O 1
Casa San Juan Diego Page 32
CAO
� 6 07
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
COUNTY.
Electronic Signatures. This Agreement, and 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.
3.29 WAIVER
The COUNTY'S failure to act with respect to a breach by DEVELOPER 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.
Remainder of Page Intentionally Left Blank
Casa San Juan Diego,Ltd.
HM24-0 I
Casa San Juan Diego Page 33
CAO
1607
PART IV
GENERAL PROVISIONS
4.1 24 CFR 92 as amended-All the regulations regarding the HOME program.
https://www.ecfr.gov/current/title-24/part-92
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
Link:http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr58 main 02.tpl
4.3 Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et
seq.).Regulations at 24 CFR part 92.
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. The Fair Housing Act(justice.gov)
E.O. 11063—Equal Opportunity in Housing
Executive Order 11063—Equal Opportunity in Housing 1 The American Presidency
Project(ucsb.edu)
E.O. 11259-Leadership & Coordination of Fair Housing in Federal Programs
http://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 - Non-Discrimination and Equal Opportunity in Housing under E.O.
11063
http://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of
1968 as amended 7 CFR& 1901.203 -Title VIII of the Civil Rights Act of 1968. [CFR I
US Law I LII/Legal Information Institute(cornell.edu)
4.6 Titles II and III of the Americans with Disabilities Act, which prohibit you from
discriminating on the basis of disability in the operation of public entities, public and
private transportation systems,places of public accommodation,and certain testing entities
(42 U.S.C. sections 12131-12189), as implemented by Department of Justice regulations
at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R.
parts 37 and 38.Titles II and III of the Americans with Disabilities Act,which prohibit you
from discriminating on the basis of disability in the operation of public entities,public and
private transportation systems,places of public accommodation,and certain testing entities
(42 U.S.C. sections 12131-12189), as implemented by Department of Justice regulations
at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R.
parts 37 and 38.
4.7 24 CFR 92.202-The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 34
CAO
16D7
4.8 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations.
EO 11246:Executive Order 11246—Equal Employment Opportunity I U.S.Department of
Labor(dol.gov)
EO 11375 and 12086: see item#8 below.
4.9 Title VII of the 1964 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, et. seq. The DEVELOPER will, in all solicitations or
advertisements for employees placed by or on behalf of the DEVELOPER, state that it is
an Equal Opportunity or Affirmative Action employer.
http://www.eeoc.gov/laws/statutes/titlevii.cfm
4.10 24 CFR 75 —Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968,as amended.Compliance with the provisions of Section 3 of the
HUD Act of 1968,as amended,and as implemented by the regulations set forth in 24 CFR
75, and all applicable rules and orders issued hereunder prior to the execution of this
contract, shall be a condition of the Federal financial assistance provided under this
contract and binding upon the COUNTY, the DEVELOPER and any of the
DEVELOPER's Subrecipients and subcontractors to the extent to which they are
applicable to this Agreement. Failure to fulfill these requirements shall subject the
COUNTY, the DEVELOPER and any of the DEVELOPER's Subrecipients and
subcontractors,their successors and assigns,to those sanctions specified by the Agreement
through which Federal assistance is provided. The DEVELOPER certifies and agrees that
no contractual or other disability exists that would prevent compliance with these
requirements.
The DEVELOPER further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement, if
applicable:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968,as amended(12 U.S.C.
1701). Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
Section 3 requires 25 percent (25%) of the total labor hours must be worked by
Section 3 workers and 5 percent (5%) of the total labor hours must be worked by
Targeted Section 3 workers.If the DEVELOPER is unable to meet these benchmarks,
efforts taken must be described to meet the requirements. Examples include holding
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 35
1607
job fairs,conducting on-the-job training,outreach efforts to public housing residents1
and connecting residents to supportive services.
To the extent to which it is applicable to this agreement, the DEVELOPER further agrees
to ensure that opportunities for training and employment arising in connection with a
housing rehabilitation (including reduction and abatement of lead-based paint hazards),
housing construction, or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the HOME-funded project
is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located,
and to low-and very low-income participants in other HUD programs;and award contracts
for work undertaken in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards),housing construction, or other public construction
project to business concerns that provide economic opportunities for low- and very low-
income persons residing within the metropolitan area in which the HOME-funded project
is located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low-income residents within the service area or
the neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs.
The DEVELOPER certifies and agrees that no contractual or other legal incapacity exists
that would prevent compliance with these requirements where applicable.
eCFR:24 CFR Part 75--Economic Opportunities for Low-and Very Low-Income Persons
4.11 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 -http://www.dol.gov/oasam/regs/statutes/age act.htm
11063: Executive Order 11063—Equal Opportunity in Housing I The American
Presidency Project(ucsb.edu)
11246: Executive Order 11246—Equal Employment Opportunity I U.S. Department of
Labor(dol.gov)
11375: Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:http://www.archives.gov/federal-register/codification/executive-order/12086.html
4.12 Contract Work Hours and Safety Standards Act,40 USC 327-332.
http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm
4.13 Section 504 of the Rehabilitation Act of 1973,24 CFR 92.251
Section 504:https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-
center/statutes/section-504-rehabilitation-act-of-1973
4.14 Hatch Act: The DEVELOPER shall comply with the Hatch Act, 5 USC 1501-1508 and
shall ensure that no funds provided, nor personnel employed under this Agreement, shall
be in any way or to any extent engaged in the conduct of political activities in violation of
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 36
CAO
I 6 0 7
Chapter 15 Title V of the USC Federal Register: Political Activity-State or Local Officers
or Employees; Federal Employees Residing in Designated Localities; Federal Employees
4.15 The DEVELOPER agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5
Subpart A,as revised by Executive Order 13279.
https://www.federalregister.gov/documents/2002/12/16/02-3183 I/equal-protection-of-
the-laws-for-faith-based-and-community-organizations
4.16 The Americans with Disabilities Act of 1990 Americans with Disabilities Act of 1990
(Original Text)I U.S. Equal Employment Opportunity Commission (eeoc.gov)
4.17 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, will be followed by the DEVELOPER to the extent to which it is applicable to
this agreement.
https://www.federalre gister.gov/documents/2024/05/03/2024-08736/un iform-relocation-
assistance-and-real-property-acquisition-for-federal-and-federal ly-assisted
4.18 Any real property not already acquired by the DEVELOPER for the purpose of carrying
on the projects stated herein and approved by the COUNTY in accordance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49
CFR 24.101, shall be subject to the provisions of HOME including,but not limited to,the
provisions on use and disposition of property.Any real property within the DEVELOPER
control, which is acquired or improved in whole or part with HOME funds in excess of
$25,000,must adhere to the HOME Regulations at 24 CFR 92.35.3
https://www.federalregister.gov/documents/2024/05/03/2024-08736/uniform-relocation-
assistance-and-real-property-acqu isiti on-for-federal-and-federal ly-assisted
42 USC Ch. 61: UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED
PROGRAMS (house.gov)
http://www.law.cornell.edu/cfr/text/49/24.101
4.19 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the Davis-
Bacon Act, if applicable. HUD Form 4010 must be included in all construction contracts
funded by HOME. (See 42 USC 276a and 24 CFR 135.11(c).
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-
http://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction, if applicable (Also Labor Standards Provision
Applicable Subject to the Contract Work Hours and Safety Standards Act)
http://www.law.comell.edu/cfr/text/29/part-5
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 37
1607
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.20 Executive Order 11625 and U.S.Department of Housing and Urban Development Circular
Letter 79-45 - which prescribes goal percentages for participation of minority businesses
in HOME Grant Contracts.
4.21 E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise
Executive Order 11625 I Office of the General Counsel (commerce.gov)
4.22 Public Law 100-430 -the Fair Housing Amendments Act of 1988.
https://www.govinfo.gov/content/pkg/STATUTE-102/pdf/STATUTE-102-
Pg 1619.pdf#page=2
4.23 Immigration Reform and Control Act of 1986
S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986
Congress.gov I Library of Congress
4.24 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996
exempts nonprofit charitable organizations from verifying immigration status for all
federal benefits, at 8 U.S.C. § 1642(d).
4.25 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:
http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112_part iii
Collier County-CMA 5311 Code of Ethics and Anti Fraud.pdf(colliergov.net)
4.26 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.
4.27 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.
(No reference required for this item).
4.28 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
___--------..-------------------------
Casa San Juan Diego,Ltd.
HM24-0 I
Casa San Juan Diego Page 38
CAO
1 6 D 7
to resolve any such disputes by negotiation. Any situations when negotiations, litigation
and/or mediation shall be attended by representatives of DEVELOPER 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 section 44.102,Florida Statutes. The litigation arising out
of this Agreement shall be Collier County, Florida, if in state court and the US District
Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, COLLIER COUNTY AND THE DEVELOPER 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.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.29 The DEVELOPER agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401,et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
b. Federal Water Pollution Control Act, 33 USC 1251,et seq., as amended.
http://www.law.cornell.edu/uscode/text/33/chapter-26
4.30 The DEVELOPER will comply with the following HUD Minimum Energy
Standards/Requirements.
https://www.hud.gov/program offices/comm planning/environment energy/mes notice
https://www.federalregister.gov/documents/2024/04/26/2024-08793/final-determination-
adopt ion-of-energy-efficiency-standards-for-new-construction-of-hud--and
2021 International Energy Conservation Code (IECC):
https://codes.iccsafe.org/content/IECC2021P2/preface
American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE)
90.1-2019:
https://ashrae.iwrapper.com/ASHRAE PREVIEW ONLY STANDARDS/STD 90.1 2
019 SI
4.31 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002 and 24 CFR 570.605),the DEVELOPER shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the
National Flood Insurance Program is obtained and maintained. If appropriate, a letter of
map amendment (LOMA) may be obtained from FEMA, which would satisfy this
requirement and/or reduce the cost of said flood insurance.
eCFR : 24 CFR 570.605 --National Flood Insurance Program.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 39
CAO
i6 D7
4.32 The DEVELOPER agrees that any construction or rehabilitation of residential structures
with assistance provided under this contract shall be subject to HUD Lead-Based Paint
Poisoning Prevention Act found at 24 CFR 92.355
4.33 The DEVELOPER agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
National Historic Preservation Act of 1966 f NCSHPO
http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a federal, state or local historic property list.
National Historic Preservation Act of 1966 I NCSHPO
4.34 The DEVELOPER must certify that it will provide drug-free workplaces in accordance
with the Drug-Free Workplace Act of 1988 (41 USC 701) and HUD's implementing
regulations at 2 CFR Part 2429.
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-titl e4 I-
chap10-sec701
https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XXIV/part-2429
4.35 The DEVELOPER certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
DEVELOPER 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 24 CFR 5 Subpart A.
4.36 The DEVELOPER agrees to comply with 2 CFR 200 et seq where applicable to
DEVELOPER 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.
4.37 2 CFR 200.15 Never contract with the enemy. Federal agencies,recipients,developers,and
subrecipients are subject to the guidance implementing Never Contract with the Enemy in
2 CFR part 183.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-IUpart-200/subpart-C/section-
200.215
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-183
4.38 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance
services or equipment. Recipients, Developers, and Subrecipients are prohibited from
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 40
CAO
16D7
obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a
contract to procure or obtain or 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 critical
technology as part of any system.
4.39 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 DEVELOPER's fiscal year.
The DEVELOPER shall comply with the requirements and standards of 2 CFR 200 Subpart
F, Section 500 as it applies to DEVELOPERS. Subrecipients exempt from Single Audit
requirements shall submit financial statements to the COUNTY one hundred eighty (180)
days after the end of the Subrecipients fiscal year. Per 2 CFR 200.345, 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.
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant.This has always been
an eligible cost;the amendment clarifies and codifies this.
http://www.law.comell.edu/cfr/text/24/92.206
4.40 As provided in section 287.133, Florida Statutes, by entering into this Agreement or
performing any work in furtherance hereof,the DEVELOPER certifies that it, its affiliates,
suppliers, subcontractors, and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by section 287.133(3)(a), Florida Statutes.
http://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133
4.41 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract,grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants,
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 41
CAO
16D7
contracts under grants, loans, and cooperative agreements) and that all DEVELOPERS
shall certify and disclose accordingly.
4.42 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel. DEVELOPER shall obtain written approval
from CHS for any outside travel outside the metropolitan area with funds provided under
this Agreement.
https://www.gsa.gov/portal/content/104877
4.43 Any rule or regulation determined to be applicable by HUD.
4.44 Florida Statutes section 448.095, Employment Eligibility. Per Florida Statutes section
448.095(3),all Florida private employers are required to verify employment eligibility for
all new hires beginning January 1, 2021. Eligibility determination is not required for
continuing employees hired prior to January 1, 2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility,the DEVELOPER shall participate in, and use, E-Verify (www.e-
verify.gov),provided an appropriate person authorized to act on behalf of the recipient(or
subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the
event of a "Tentative Non-confirmation" or a "Final Non-confirmation") to confirm
employment eligibility for each hiring for a position in the United States that is or will be
funded(in whole or in part)with award funds.
Questions about E-Verify should be directed to DHS. For more information about E-
Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-
Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@,dhs.gov.
4.45 Florida Statutes section 713.20, Part 1, Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.46 Florida Statutes section 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021
4.47 Florida Statutes section 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.07.html
4.48 Limited English Proficiency:The DEVELOPER 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.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 42
CAO
16D7
4.49 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious
activities. The DEVELOPER agrees to avoid such prohibited conduct. For more
information,see https://ojp.gov/about/ocr/partnerships.htm.Discrimination on the basis of
religion in employment is generally prohibited by federal law, but the Religious Freedom
Restoration Act is interpreted on a case-by-case basis to allow some faith-based
organizations to receive HUD funds while taking into account religion when hiring staff.
Questions in this regard should be directed to the Office for Civil Rights.
A. Organizations that are religious or faith-based are eligible, on the same basis as any
other organization,to participate in HOME.
B. The DEVELOPER may not engage in inherently religious activities, such as worship,
religious instruction,or proselytization as part of the programs or services funded under
HOME. If the DEVELOPER conducts such activities, the activities must be offered
separately, in time or location, from the programs or services funded under HOME,
and participation must be voluntary for the program participants.
C. A religious Subrecipient that receives HOME funding 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 that
it does not use direct HOME funds to support any inherently religious activities, such
as worship, religious instruction, or proselytization. Among other things, faith-based
Subrecipients may use space in their facilities to provide HOME funded services,
without removing religious art, icons, scriptures, or other religious symbols. In
addition, a Subrecipient retains its authority over its internal governance, and it may
retain religious terms in its name, select its board members on a religious basis, and
include religious references in its mission statements and other governing documents.
D. The DEVELOPER that participates in HOME shall not, in providing program
assistance, discriminate against a program participant or prospective program
participant on the basis of religion or religious belief.
E. If the DEVELOPER voluntarily contributes its own funds to supplement federally
funded activities, the DEVELOPER has the option to segregate the federal funds or
commingle them.However,if the funds are commingled,the requirements listed above
apply to all of the commingled funds.
4.50 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context, except when specifically authorized. The
DEVELOPER 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://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.51 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The DEVELOPER will not use and
has not used federal appropriated funds to pay at any tier, either directly or indirectly, any
person or organization for influencing or attempting to influence an officer or employee of
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 43
CAO
t6 7
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
DEVELOPER 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.
4.52 False Claim;Criminal,or Civil Violation:DEVELOPER 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
4.53 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.
4.54 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing
Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD
encourages recipients,developers,and subrecipients to adopt and enforce policies banning
employees from text messaging while driving any vehicle during the course of performing
work funded by HUD and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
4.55 Trafficking in Persons:The DEVELOPER 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 DEVELOPER and
any employees of the DEVELOPER. The details of the DEVELOPER'S obligations
related to prohibited conduct related to the trafficking of persons are posted at
https://oip.gov/funding/Explore/ProhibitedCond uct-Trafficking.htm.
eCFR:: Appendix A to Part 175,Title 2--Award Term
Pursuant to Florida Statutes 787.06,DEVELOPER attests that it does not use coercion for
labor or services.DEVELOPER shall provide an affidavit,under penalty of perjury,signed
by an officer or representative of the organization attesting that it does not use coercion for
labor services.
Casa San Juan Diego,Ltd.
HM24-0 I
Casa San Juan Diego Page 44
CAO
� 6 D7
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0787/Sections/0787.06.html
4.56 Association of Community Organizations for Reform Now(ACORN): The DEVELOPER
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.
4.57 If the DEVELOPER 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
DEVELOPER must comply with the requirements of 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts, and Cooperative Agreements," and any implementing
regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&S I D=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1
.401&r=PART&ty=HTM L
4.58 OSHA. Where DEVELOPER employees are engaged in activities not covered under the
Occupational Safety and Health Act of 1970, they shall not be required or permitted to
work, be trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to the participant's health or
safety.
4.59 Right to Know. Participants employed or trained for inherently dangerous occupations,
e.g., fire or police jobs, shall be assigned to work in accordance with reasonable safety
practices. The DEVELOPER will comply with all applicable"Right to Know"Acts.
4.60 Whistleblower Protections:
a. In accordance with 2 CFR 200.217 and 41 U.S.C. §4712,the DEVELOPER 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
fol lowing:
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;
Casa San Juan Diego,Ltd.
HM24-O 1
Casa San Juan Diego Page 45
CAO
1607
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 Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
The DEVELOPER shall inform its employees in writing of whistleblower rights and
remedies provided under 2 CFR 200.217 and 41 U.S.C. § 4712, in the predominant native
language of the workforce.
https://uscode.house.gov/view.xhtml?red=(title:4I%20section:4712%20edition:prelim)
All DEVELOPER employees directly involved with activities associated with this
Agreement shall complete and submit to the COUNTY the Collier County Whistleblower
Protections Certification form (Exhibit H)prior to execution of this Agreement. Any new
employees hired during the period of performance of this Agreement shall also complete
and submit the form to the COUNTY.
4.61 DEVELOPER shall remove all statements, policies, regulations, forms, communications,
or other internal and external messages that promote or otherwise inculcate gender
ideology, and shall cease issuing such statements, policies, regulations, forms,
communications or other messages.
ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY
and DEVELOPER for the use of Funds received under this Agreement and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral, or written between
COUNTY and DEVELOPER with respect to this Agreement.
Remainder of Page Intentionally Left Blank
Casa San Juan Diego,Ltd.
HM24-0 I
Casa San Juan Diego Page 46
CA L T
16 7
PART V
HOME Requirements
5.1 Project Requirements for DEVELOPERS—24 CFR 92.504
The DEVELOPER is required to conform to the following requirements and regulations as
stated below to the extent applicable to the DEVELOPER in reference specifically to this
project:
(a)24 CFR 92.504(c)(3)
(i) Use of the HOME funds. The Agreement between the COUNTY and a for-profit
or nonprofit housing owner, sponsor,or DEVELOPER must describe the address
of the project, or the legal description of the property if a street address has not
been assigned to the property;the specific amount and use of the HOME and other
funds for the project,including the tasks to be performed for the project;a schedule
for completing the tasks and the project;and a complete budget.These items must
be in sufficient detail to provide a sound basis for the COUNTY to effectively
monitor performance under the agreement to achieve project completion and
compliance with the HOME requirements.
(ii)Affordability. The Agreement must require housing assisted with HOME funds to
meet the affordability requirements of§ 92.252 or § 92.254, as applicable, and
must require repayment of the funds if the housing does not meet the affordability
requirements for the specified period of affordability. The affordability
requirements in § 92.252 must be imposed by deed restrictions, Land Use
Restriction Agreement (LURA), or other mechanisms approved by HUD under
which the COUNTY has the right to require specific performance.
(A) If the owner or DEVELOPER is undertaking rental projects, the Agreement
must establish the initial rents, procedures for rent increases pursuant to
§ 92.252(e)(2), the number of HOME units, size of the HOME units, and the
designation of the HOME units as fixed or floating. It must also include the
requirement that the owner or DEVELOPER provide the address (e.g., street
address and apartment number) of each HOME unit no later than the time of
initial occupancy.
(B) If the owner or DEVELOPER is undertaking a homeownership project for
sale to homebuyers in accordance with § 92.254(a), the Agreement must set
forth the resale or recapture requirements that must be imposed on the housing,
the sales price or the basis upon which the sales price will be determined, and
the disposition of the sales proceeds.Recaptured funds must be returned to the
COUNTY.
Imesiemm
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 47
CAO
1607
(iii) Project requirements. The Agreement must require compliance with project
requirements in subpart F of this part,as applicable in accordance with the type
of project assisted. The Agreement may permit the owner to limit eligibility or
give a preference to a particular segment of the population in accordance with
§ 92.253(d).
(iv)Property standards. The Agreement must require the housing to meet the property
standards in § 92.251(a)(2) upon project completion. The Agreement must also
require owners of rental housing assisted with HOME funds to maintain the
housing in compliance with § 92.251(a)(2) for the duration of the period of
affordability. All HOME projects must meet all applicable state and local codes,
rehabilitation standards (if applicable), ordinances, and zoning requirements and
also mitigate disaster impact, as applicable, per state and local codes, ordinances,
etc. in effect at the time of Project completion.
(v) Other program requirements. The Agreement must require the owner,
DEVELOPER, or sponsor to carry out each project in compliance with the
following requirements of subpart H of this part:
(A) The Agreement must specify the owner or DEVELOPER's affirmative
marketing responsibilities as enumerated by the COUNTY in accordance with
§ 92.351
(B)The federal requirements and nondiscrimination established in § 92.350.
(C) Any displacement, relocation, and acquisition requirements imposed by the
COUNTY consistent with § 92.353.
(D)The labor requirements in § 92.354.
(E)The conflict of interest provisions prescribed in § 92.356.
(F) If HOME funds are being provided to develop rental housing,the agreement
must set forth all obligations the participating jurisdiction imposes on the owner
in order to meet the VAWA requirements under§ 92.359, including the owner's
notice obligations and owner obligations under the emergency transfer plan.
(vi)Records and reports. The Agreement must specify the particular records that must
be maintained and the information or reports that must be submitted in order to
assist the COUNTY in meeting its recordkeeping and reporting requirements.The
owner of rental housing must annually provide the COUNTY with information on
rents and occupancy of HOME-assisted units to demonstrate compliance with
§ 92.252. If the rental housing project has floating HOME units, the owner must
provide the COUNTY with information regarding unit substitution and filling
vacancies so that the project remains in compliance with HOME rental occupancy
requirements. The Agreement must specify the reporting requirements (including
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 48
CAO
16137
copies of financial statements)to enable the COUNTY to determine the financial
condition(and continued financial viability)of the rental project.
(vii) Enforcement of the Agreement. The Agreement must provide a means of
enforcement of the affordable housing requirements by the COUNTY and the
intended beneficiaries. This means of enforcement may include liens on real
property,deed restrictions,or a LURA.The affordability requirements in §92.252
must be imposed by deed restrictions, LURA, use restrictions, or other
mechanisms approved by HUD under which the COUNTY has the right to require
specific performance.In addition,the Agreement must specify remedies for breach
of the provisions of the Agreement.
(viii) Requests for disbursement of funds. The Agreement must specify that the
DEVELOPER may not request disbursement of funds under the Agreement until
the funds are needed for payment of eligible costs. The amount of each request
must be limited to the amount needed.
(ix) Duration of the Agreement. The Agreement must specify the duration of the
Agreement. If the housing assisted under this Agreement is rental housing, the
Agreement must be in effect through the affordability period required by the
COUNTY under § 92.252. If the housing assisted under this Agreement is
homeownership housing,the Agreement must be in effect at least until completion
of the project and ownership by the low-income family.
(x)Fees. The Agreement must prohibit project owners from charging fees that are not
customarily charged in rental housing such as laundry room access fees,and other
fees. However, rental project owners may charge reasonable application fees to
prospective tenants; may charge parking fees to tenants only if such fees are
customary for rental housing projects in the neighborhood; and may charge fees
for services such as bus transportation or meals, as long as such services are
voluntary. The Agreement must also prohibit the DEVELOPER that is
undertaking a homeownership project from charging servicing, origination,
processing, inspection, or other fees for the costs of providing homeownership
assistance.
(xi)Community housing development organization provisions. If the nonprofit owner
or DEVELOPER is a community housing development organization and is using
set-aside funds under § 92.300, the Agreement must include the appropriate
provisions under §§ 92.300, 92.301, and 92.303. If the community development
organization is receiving HOME funds as a DEVELOPER of homeownership
housing,the Agreement must specify if the organization may retain proceeds from
the sale of the housing and whether the proceeds are to be used for HOME-eligible
or other housing activities to benefit low-income families. Recaptured funds are
subject to the requirements of §92.503. If the community housing development
organization is receiving assistance for operating expenses, see paragraph (c)(6)
of this section.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 49
CAO
t6137
5.2 Project Requirements for DEVELOPERS -24 CFR 92.252
Per 24 CFR 92.252,HIGH home units are identified as serving tenants at or below 65%.
LOW home units are identified as serving tenants below 50%.
Collier County is providing HOME funding for this project to support the construction of
five (5)units designated as HOME-Assisted fixed units.
The DEVELOPER is required to conform to the following requirements and regulations as
stated below:
24 CFR 92.252(g) Tenant Income and (h) Over-income tenants.
(g) Tenant income. The income of each tenant must be determined in accordance with
§92.203(a)(1)(i). In addition, each year during the affordability period, the project
owner (DEVELOPER) must re-examine each tenant's annual income in accordance
with the option in §92.203(b)(1)selected by the COUNTY.An owner of a multifamily
project with an affordability period of 10 years or more, who re-examines tenant's
annual income through a statement and certification in accordance with
§92.203(a)(1)(ii), must examine the income of each tenant, in accordance with
§92.203(b)(1)(i), every sixth year of the affordability period at a minimum.
(h) Over-income tenants.
(1)HOME-assisted units continue to qualify as affordable housing despite a temporary
noncompliance caused by increases in the incomes of existing tenants if actions
satisfactory to HUD are being taken to ensure that all vacancies are filled in
accordance with this section until the noncompliance is corrected.
(2) Tenants who no longer qualify as low-income families must pay a rent amount
equal to the lesser of the amount payable by the tenant under state or local law, or
30 percent(30%) of the family's adjusted income, except that
(i) Tenants of HOME-assisted units subject to rent restrictions under section 42 of
the Internal Revenue Code of 1986(26 U.S.C.42)must pay a rent that complies
with that section.
(ii) Tenants in HOME-assisted units designated as floating, pursuant to paragraph
(j) of this section, shall pay a rent amount no greater than the fair market rent
for comparable, unassisted units in the neighborhood.
(iii) The rent limits do not apply to any rental assistance or subsidy payment
provided under a Federal, State, or local rental assistance or subsidy program.
Subsequent Rent Increases. Developer shall annually adjust the rents for all assisted
units to the amounts not exceeding the annually published HUD Fair Market rent or the
annually published HUD HOME rents for households earning 65 percent (65%) of
AMI, adjusted for the number of bedrooms in the unit.
Casa San Juan Diego,Ltd.
I-IM24-0I
Casa San Juan Diego Page 50
CA()
16 7
Concentration of Low-Income Families. Developer/Owner shall use its best efforts to
distribute units reserved for Extremely Low Income, Very Low Income, and Low-
Income families among the unit sizes in proportion to the distribution of unit sizes in
the Project and to avoid concentration of Extremely Low Income, Very-Low Income
and Low/Moderate Income families in any area or areas of the property.
5.3 Affordability Requirements
LONG TERM AFFORDABILITY
The HOME-assisted housing must meet the affordability requirements for not less than the
applicable period specified in the following table,beginning when the Land Use Restriction
Agreement (LURA) is executed and recorded. The per unit amount of HOME funds and
the affordability period that they trigger are described more fully below under Recapture
Provisions.
Minimum period of
HOME Required Rental Period of Affordability affordability in years
Rehabilitation or acquisition of existing housing per unit 5
amount of HOME funds: Under$25,000
$25,000 to$50,000 10
Over$50,000 or rehabilitation involving refinancing 15
New construction or acquisition of newly constructed housing 20
As a new rental construction project,the Affordability Period during which DEVELOPER
must maintain compliance with all applicable HOME rules shall be twenty(20)years.The
Affordability Period will not commence until the Project has met the requirements for
Project Completion outlined in 24 CFR 92.2.The COUNTY will notify the DEVELOPER
of the actual date of completion and exact expiration date of the affordability period. The
COUNTY will record a LURA,in form satisfactory to the COUNTY that provides a means
for enforcement of the affordability restrictions of 24 CFR 92.252. The LURA will be
recorded senior to all other financing liens,including the first-position mortgage referenced
above,and be enforceable against all successors in interest to Collier County.If necessary,
the COUNTY may execute an amendment to the LURA that extends the affordability
restrictions of 24 CFR 92.252 to the exact date of expiration of the affordability period.
Failure of the project to meet all applicable HOME requirements for the entire
Affordability Period will result in a requirement that all HOME funds be repaid by the
DEVELOPER to the COUNTY.
5.4 Maximum Per-Unit Subsidy Requirements—24 CFR 92.250
The total amount of HOME funds that may be invested on a per-unit basis in affordable
housing may not exceed the per-unit dollar limits established by HUD in accordance with
Section 212(e) of the Cranston-Gonzalez National Affordable Housing Act. HUD will
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 51
CAO
1 6 D 7
publish the per-unit dollar limits for the area in which the housing is located annually.HUD
will publish its methodology for determining maximum per-unit dollar limits through a
publication in the Federal Register.
The per-unit dollar limits described in the paragraph above may be exceeded by up to 10
percent(10%) if the project meets one of the green building standards identified by HUD
and published in the Federal Register.
DEVELOPER shall designate five (5)units as HOME-Assisted Units. These units will be
fixed units.]. The amount of subsidy for the new units shall not exceed a total of
$1,250,000) or ($250,000) per unit, which does not exceed the allowable maximum per-
unit subsidy limit based on Section 234 Condominium Housing, elevator-type, basic
mortgage limits for Collier County, multiplied by the 105,414/136,372 cost percentage of
240 percent (240%). The maximum per unit subsidy based on these limits is listed in the
table below.
Unit Size Home Subsidy Per Unit Maximum HOME Subsidy
per unit 2024 234 subsidy
limit
Two bedrooms $250,000.00 $252,994.00 Each
Three bedrooms $250,000.00 $327,293.00 Each
5.5 Project Requirements for DEVELOPERS-24 CFR 92.253
The DEVELOPER is required to conform to the following requirements and regulations as
stated below:
24 CFR 92.253 Tenant protections and selection.
The DEVELOPER shall ensure tenant protections through a mandatory HOME lease
addendum that imposes a set of uniform tenant protections for HOME-assisted rental
housing tenants and HOME TBRA recipients. The expanded tenant protections
comprise requirements in five areas:
• Physical condition of the unit and project;
• Use and occupancy of the unit and project;
• Required notice to the tenant;
• Availability of legal proceedings;and
• Protection against retaliation.
(a) Lease. There must be a written lease for a period of not less than one year between
the tenant and the owner (DEVELOPER) of rental housing assisted with HOME
funds, unless a shorter period is specified by mutual agreement between the tenant
and the owner (DEVELOPER). The lease must incorporate the Violence against
Women Act (VAWA) lease term/addendum required under 24 CFR 5.2005(a), 24
CFR section 92.359(e), except as otherwise provided by section 92.359 (b).
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 52
CAO
t •607
(b) Prohibited lease terms. The lease may not contain any of the following provisions:
1. Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to
a judgment in favor of the owner (DEVELOPER) in a lawsuit brought in
connection with the lease.
2. Treatment of property. Agreement by the tenant that the owner
(DEVELOPER)may take,hold,or sell personal property of household members
without notice to the tenant and a court decision on the rights of the parties.This
prohibition, however, does not apply to an agreement by the tenant concerning
disposition of personal property remaining in the housing unit after the tenant
has moved out of the unit. The owner (DEVELOPER) may dispose of this
personal property in accordance with State law.
3. Excusing owner (DEVELOPER) from responsibility. Agreement by the tenant
not to hold the owner(DEVELOPER) or the owner's agents legally responsible
for any action or failure to act,whether intentional or negligent.
4. Waiver of notice. Agreement by the tenant that the owner(DEVELOPER) may
institute a lawsuit without notice to the tenant.
5. Waiver of legal proceedings. Agreement by the tenant that the owner
(DEVELOPER) 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. Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by
jury.
7. Waiver of right to appeal court decision. Agreement by the tenant to waive its
right to appeal, or otherwise challenge in court, a court decision in connection
with the lease.
8. Tenant is responsible for cost of legal actions regardless of outcome.Agreement
by the tenant to pay attorney's fees or other legal costs even if the tenant wins in
a court proceeding by the owner(DEVELOPER)against the tenant.The tenant,
however,may be obligated to pay costs if the tenant loses.
9. Mandatory supportive services.Agreement by the tenant(other than a tenant in
transitional housing)to accept supportive services that are offered.
(c) Termination of tenancy. An owner (DEVELOPER) may not terminate the tenancy
or refuse to renew the lease of a tenant of rental housing assisted with HOME funds,
except for serious or repeated violation of the terms and conditions of the lease;
violation of applicable Federal,State,or local law;completion of the tenancy period
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 53
CAO
U.6 D 7
for transitional housing or failure to follow any required transitional housing
supportive services plan; or for other good cause. Good cause does not include an
increase in the tenant's income or refusal of the tenant to purchase the housing. To
terminate or refuse to renew tenancy,the owner(DEVELOPER)must serve written
notice upon the tenant,specifying the grounds for the action,at least 30 days before
the termination of tenancy.
(d) Tenant selection.An owner(DEVELOPER) of rental housing assisted with HOME
funds must comply with the affirmative marketing requirements established by the
COUNTY pursuant to section 92.351(a). The owner (DEVELOPER) must adopt
and follow written tenant selection policies and criteria that:
1. Limit the housing to very low-income and low-income families,as evidenced by
income verification documentation prior to occupancy and annually thereafter.
This documentation is retained in the DEVELOPER client file and validated by
the COUNTY's Grant Compliance Unit at the interim and closeout monitoring.
2.Are reasonably related to the applicants' ability to perform the obligations of the
lease (i.e., to pay the rent, not to damage the housing, not to interfere with the
rights and quiet enjoyment of other tenants).
3. Limits eligibility or gives a preference to a particular segment of the population
if permitted in its written agreement with the COUNTY (and only if the
limitation or preference is described in the COUNTY's consolidated plan).
(i) Any limitation or preference must not violate nondiscrimination
requirements in section 92.350. A limitation or preference does not
violate nondiscrimination requirements if the housing also receives
funding from a Federal program that limits eligibility to a particular
segment of the population (e.g., the Housing Opportunity for Persons
with AIDS program under 24 CFR part 574, the Shelter Plus Care
program under 24 CFR part 582,the Supportive Housing program under
24 CFR part 583, supportive housing for the elderly or persons with
disabilities under 24 CFR part 891), and the limit or preference is
tailored to serve that segment of the population.
(ii)If a project does not receive funding from a Federal program that limits
eligibility to a particular segment of the population, the project may
have a limitation or preference for persons with disabilities who need
services offered at a project only if:
(A)The limitation or preference is limited to the population of families
(including individuals) with disabilities that significantly interfere
with their ability to obtain and maintain housing.
(B) Such families will not be able to obtain or maintain themselves in
housing without appropriate supportive services.
(C) Such services cannot be provided in a nonsegregated setting. The
families must not be required to accept the services offered at the
project. In advertising the project, the owner may advertise the
project as offering services for a particular type of disability;
however, the project must be open to all otherwise eligible persons
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 54
CAO
I D7
with disabilities who may benefit from the services provided in the
project.
4. Do not exclude an applicant with a certificate or voucher under the Section 8
Tenant-Based Assistance: Housing Choice Voucher Program (24 CFR part
982) or an applicant participating in a HOME tenant-based rental assistance
program because of the status of the prospective tenant as a holder of such
certificate,voucher, or comparable HOME tenant-based assistance document.
5. Provide for the selection of tenants from a written waiting list in the
chronological order of their application, insofar as is practicable.
6. Give prompt written notification to any rejected applicant of the grounds for
any rejection.
7. Comply with the VAWA requirements prescribed in § 92.359.
5.6 Other DEVELOPER Requirements
Accessibility.
If the Project involves new construction(excluding new construction of nonresidential
buildings)where some units are two-stories,a minimum of 20 percent of each unit type
(i.e., one-bed, one-bath; two-bed, one-bath; two-bed, two-bath; etc.) must provide an
accessible entry level and all common-use facilities are in compliance with Fair
Housing guidelines. In addition, Developer shall comply with Section 508
requirements regarding the accessibility to electronic information technology for
individuals with disabilities.
(https://www.seciton508.gov/).
Of the eight(80)total units in this project, five(5)will be HOME-assisted units.This
requires four(4) physically accessible units and two (2) sensory impaired units to be
included in the project.
DEVELOPER shall incorporate the following accessibility features in all new units:
• Zero-step entrance to central living area connected to public street,sidewalk,or
driveway
• 36-inch entry door that provides clear opening of no less than 32 inches
• All interior doors on main floor(including bathroom) will have 36-inch doors
that provide clear openings of no less than 32 inches
• 36-inch wide path of travel through the main floor of the home
• One (1) bathroom on the main floor of each home will include a clear floor
space of at least 30"x 48"
• The toilet, counter, and door swings of each home will not encroach into the
clear floor space of each home
• For Multifamily Rental Housing Projects with over five units:
o 5 percent (5%) of all units must be mobility accessible (The Americans
with Disabilities Act of 1990
o an additional 2 percent(2%)of all units must be sensory accessible.
o accessible units must be spread throughout the Project and may not be
concentrated on one floor or in one building(Section 504).
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 55
CAO
ib 137
Lead-Based Paint:
Developer shall comply with HUD's Lead Safe Housing Rule at 24 CFR part 35,
subparts A, B,J, and R.
Broadband:
Broadband infrastructure in common areas and units shall be installed to meet the
requirements of Federal Register Notice 88 FR 32046
Taxes and Assessments:
Developer further agrees to pay all taxes and assessments on the Property, general or
special when due, or to reasonably contest the same and prevail or pay such tax or
assessment pursuant to the same, and, upon demand of CHS,to pay, discharge,or remove
or to reasonably contest the same and prevail or pay such tax or assessment pursuant to the
same, any and all liens which may be hereafter placed against said Property until
developer's obligations to CHS are fully complete.
Protection of Property:
DEVELOPER agrees that should CHS be required, or deem it reasonably necessary, to
expend any funds to protect or preserve the Property, developer shall immediately, and in
any event within ten (10) days, reimburse CHS in full for such amounts expended, and
until reimbursed,such amounts, shall bear the highest rate of interest allowed by law.
Flood Hazards and Flood Insurance:
DEVELOPER shall comply with the mandatory flood insurance purchase requirements of
Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National
Flood Insurance Reform Act of 1994 (42 USC 4012a). Additionally Developer shall
comply with Section 582 of the National Flood Insurance Reform Act of 1994,as amended
(42 USC 5154a),which includes the prohibition of flood disaster assistance, including loan
assistance, to a person for repair,replacement, or restoration for damage to any personal,
residential, or commercial property if that person at any time has received federal flood
disaster assistance that was conditioned on the person first having obtained flood insurance
under applicable federal law and the person has subsequently failed to obtain and maintain
flood insurance as required under applicable federal law on such property.Section 582 also
includes a responsibility to notify property owners of their responsibility to notify
transferees about mandatory flood insurance purchase requirements. More information
about these requirements is available in the Federal Register Notice 88 FR 32046,
governing the CDBG-DR award. In addition,the following requirements apply to projects
in floodplain zones:
• If the project occurs in a Coastal High Hazard Area (V Zone) or a floodway,
federal assistance may not be used at this location if the project is a critical
action pursuant to 24 CFR 55.1(c)and 55 subpart B,except as provided therein.
For projects allowed under 24 CFR 55.1(c) and 55 subpart B, the eight-step
process shall be followed pursuant to 24 CFR 55.20.
Casa San Juan Diego,Ltd.
HM24-0I
Casa San Juan Diego Page 56
16II7
• If the project occurs in a 100-year floodplain or Special Flood Hazard Area(A
Zone), the 8-Step Process is required as provided for in 24 CFR 55.20 or as
reduced to the 5-Step Process pursuant to 24 CFR 55.12(a),unless an exception
is applicable pursuant to 24 CFR 55.12(b).
• If the project occurs in a 500-year floodplain (B Zone or shaded X Zone), the
8-Step Process is required for critical actions as provided for in 24 CFR 55.20
or as reduced to the 5-Step Process pursuant to 24 CFR 55.12(a), unless an
exception is applicable pursuant to 24 CFR 55.12(b).
Additional elevation standards as may be required by the Federal Register Notice apply
to projects funded by this Agreement. All structures,defined at 44 CFR 59.1, designed
principally for residential use and located in the 1 percent annual (or 100-year)
floodplain or Special Flood Hazard Area that receive assistance for new construction,
repair of substantial damage, or substantial improvement, as defined at 24 CFR
55.2(b)(10), must be elevated with the lowest floor, including the basement, at least
two feet above the 1 percent annual floodplain elevation.Residential structures with no
dwelling units and no residents below two feet above the 1 percent annual floodplain,
must be elevated or floodproofed, in accordance with FEMA floodproofing standards
at 44 CFR 60.3(c)(3) or successor standard, up to at least two feet above the 1 percent
annual floodplain. All Critical Actions,as defined at 24 CFR 55.2(b)(3),within the 0.2
percent annual floodplain (or 500-year) floodplain must be elevated or floodproofed
(in accordance with the FEMA standards) to the higher of the 0.2 percent annual
floodplain flood elevation or three feet above the 1 percent annual floodplain.If the 0.2
percent annual floodplain or elevation is unavailable for Critical Actions, and the
structure is in the 1 percent annual floodplain, then the structure must be elevated or
floodproofed at least three feet above the 1 percent annual floodplain level.Applicable
State,local,and tribal codes and standards for floodplain management that exceed these
requirements, including elevation, setbacks, and cumulative substantial damage
requirements, must be followed.
Lease Provisions:
All tenant leases entered into with eligible tenants during the term of the Restrictive
Covenant shall be in writing and contain provisions wherein each individual tenant:
• certifies the accuracy of the information provided in connection with the
examination or reexamination of Annual Income of the household, and in
connection therewith, agrees to execute the Income Certification form
prescribed by County,
• agrees that the Annual Income or other eligibility requirements shall be deemed
substantial and material obligations of his/her/they tenancy, that he/she/they
will comply promptly with all requests for information with respect thereto
from DEVELOPER, Owner, or COUNTY, and that his/her/their failure to
provide accurate information regarding such requirements or refusal to comply
with a request for information shall be deemed a violation of a substantial
obligation of his/her/their tenancy and constitute cause for immediate
termination thereof. Lease terms must be for one year. Developer/Owner may
not terminate the tenancy or refuse to renew the lease of a tenant except for
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Paee 57
CAO
16U7
serious or repeated violations of the terms and conditions of the lease or for
violation of applicable federal, state or local law. To terminate or refuse to
renew tenancy, Developer/Owner must serve written notice upon the tenant
specifying the grounds for the action at least 30 days before the termination.
DEVELOPER will maintain the rental properties developed with HOME funds as
affordable to households stipulated (at 50 percent (50%) AMI or 60 percent (60%)
AMI) for a period of twenty (20) years from the date the Project has met the
requirements for Project Completion outlined in 24 CFR 92.2. During the Period of
Affordability,tenants will continue to occupy the property as their primary residence.
The Owner/DEVELOPER shall list the Collier County Board of County
Commissioners as lien holder on the insurance policy. During the Period of
Affordability,the DEVELOPER will annually submit documentation to the COUNTY
demonstrating that the units in the Project have been fully occupied within the past 12
months to qualifying households. DEVELOPER agrees to enter into the Mortgage
Agreement with the COUNTY to ensure the continued affordability during the Period
of Affordability, of the properties developed with HOME Funds.
During the initial lease up of all HOME-Assisted Units in the Project, the
DEVELOPER shall not lease a HOME-Assisted Unit to any household whose annual
income exceeds 60 percent (60%) AMI. The rent shall not exceed the lesser of 30
percent (30%) of the annual household income that equals 65 percent (65%) of AMI
(High HOME Rent)or the Fair Market Rent(FMR)for Collier County,as periodically
revised by HUD.
For properties with five (5) or more HOME-Assisted Units, at least 20 percent(20%)
must be rented to very low-income households and must have rents that are no greater
than the lesser of 30 percent (30%) of the annual household income that equals 50
percent (50%) of AMI (Low HOME Rent) or the FMR. This rule applies throughout
the entire Period of Affordability.
High and Low Home Rents:
The developer will be responsible for ensuring 90 percent(90%)of initial tenants will
be at or below 60 percent(60%)AMI. Five (5) or more HOME-Assisted units require
that 20 percent (20%) of HOME-Assisted units must house tenants below 50 percent
(50%) AMI for the duration of the affordability period. This rule applies for the full
twenty (20)year affordability period of the project.
Prior to commencing the initial lease up of the HOME-Assisted Units, the
DEVELOPER will meet with the COUNTY to establish the High HOME Rent and the
Low HOME Rent(if necessary)that the DEVELOPER is to use during the initial lease
up period.
In the event the Project has more housing units than the number of HOME-Assisted
Units,prior to the start of construction,the DEVELOPER will notify the COUNTY if
DEVELOPER intends to maintain the same units in the Project as the HOME-Assisted
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 58
CAO
t6 D7
Units during the Period of Affordability(hereinafter referred to as"Fixed Units")or if
the HOME-Assisted Units will change from year to year in the event the tenant's
income increases beyond the High HOME rents or the Low HOME Rents as described
above (hereinafter referred to as "Floating Units"). Fixed units remain the same
throughout the Period of Affordability and the DEVELOPER will follow the provisions
at 24 CFR 92.252(i). Floating units are changed to maintain conformity with the
requirements of this Agreement during the Period of Affordability so that the total
number of HOME-Assisted Units remains the same, and each substituted unit is
comparable in terms of size, features, and number of bedrooms to the originally
designated HOME-Assisted Unit.
Restrictive Covenant(Multifamily):
An official declaration of the Period of Affordability will be included in a Restrictive
Covenant and recorded against the property, making the affordability requirements a
LURA. It shall be the DEVELOPER'S responsibility to file any notice required under
Chapter 712,Florida Statutes,to ensure that the Restrictive Covenant remains in effect
for the entire Period of Affordability. At the end of the Period of Affordability,
provided that there is no default under this Agreement or any other loan documents,
COUNTY will immediately and automatically release the Declaration through a
Covenant contained within the Restrictive Covenant. The Declaration shall be
subordinate to all financing liens and encumbrances filed of record against the property.
(Signature Page to Follow)
Casa San Juan Diego,L,td.
HM24-01
Casa San Juan Diego Page 59
CAO
16 7
IN WITNESS WHEREOF,the DEVELOPER and the 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
COLLIER COUNTY, FLORIDA
"h 4 .4t../4/LL
Cl
• ��
� li�:putt taserk ,���
.;,,, - � �:k •.• ',� Attest as to Chairman's I;y,: p
signature only B JR L. S UN15E S, CHAIRPERSON
t tcd 1� 2 6 2`;
.{SE: E,)
f 2� e
1, �d,s°. Date: E'
ah / 4 .
AS TO DEVELOPER:
WITNESSES:
CASA SAN JUAN DIEGO,LTD., Florida
limited partnership
Witness#1 Si '
By: NI,)A San Juan Diego, LLC, a Florida
.�: .. r limited liability company, its Administrative
Witness#1 PrinteName General Partner
t L''t9 0..Ewr ffili 3•JV gciJn
ET. 014tekit 3 •i
Witness #1 Physical Address By:_1// .._,11_(___2
MAT I'HEW MILLER, MANAGER
_7�'Ul SIQ�t C1.
Witnes #2 Sign ure
"2\'e Date: � 1 I1Y 12T
Witness#2 Print N [Please provide evidence of signing authority]
12ciq >u t;,4, gnt-ct ita1 5Lor7
fir, d►K is r L 33?..1
Witness 2 P sical Address
Approv • as �111 orm and legality:
lillfA
Jeffrey
Collier C tint ttorncy
Date:
Casa San Juan Diego,Ltd
IIS124-01
Casa San Juan(.Diego I:,s•,r ri
1607
PART VI
EXHIBIT A
INSURANCE REQUIREMENTS
The DEVELOPER shall furnish to Collier County Board of County Commissioners, 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 as 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 Board of County
Commissioners 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 the DEVELOPER or the licensed design
professional employed by the DEVELOPER, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the DEVELOPER and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the services
performed by the DEVELOPER or any person employed by the DEVELOPER 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, the DEVELOPER 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(100%)of the insurable value of the building(s)or structure(s). The policy shall be in
the name of Collier County Board of County Commissioners and the DEVELOPER.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the DEVELOPER shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA)as having special flood hazards, flood insurance under
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 61
CAC
16137
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 Board of County
Commissioners 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(100%)
of the replacement cost of the property. Collier County Board of County Commissioners must be
shown as a Loss payee,with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP).The policy must show Collier County Board of County
Commissioners as a Loss Payee A.T.I.M.A.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 62
CAo
u7
EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
DEVELOPER Name: CASA SAN JUAN DIEGO,LTD.
DEVELOPER Address: 12629 New Brittany Boulevard,Building 16,Fort Myers,FL 33907
Project Name: Casa San Juan Diego
Project No: HM24-01 Payment Request#
Total Payment Minus Retainage
Period of Availability: December 9,2025,through June 30, 2029
Period for which DEVELOPER has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
DEVELOPER CHS Approved
1. Grant Amount Awarded $1,250,000.00 $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
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,Sections 2, 1001, 1343 and Title 31,Sections
3729-3730 and 3801-3812).
Signature Date
Printed Name,Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$14,999 and Division Director(Approval Required
below) $15,000 and above)
Casa San Juan Diego,Ltd.
HM24-0 I
Casa San Juan Diego Page 63
CAC"C"
t6n7
EXHIBIT B-1
Cost Sharing Form
DEVELOPER Cost Sharing Submittal
SECTION I: COST SHARING SUBMISSION
DEVELOPER Name: CASA SAN JUAN DIEGO,LTD.
DEVELOPER Address: 12629 New Brittan Boulevard, Buildin 16,Fort Myers,FL 33907
Project Name: Casa San Juan Diego
Project No: HM24-01 Cost Sharing Submission#:
Cost Sharing Amount Submitted Today: $0.00
SECTION I: STATUS OF FUNDS
1. Total Cost Sharing Amount Required per Agreement $312,500.00
2. Total Amount of Previous Cost Sharing Submitted $0.00
(Insert Amount)
3. Total Cost Sharing Amount Awarded Per Agreement $0.00
Less Total Amount of Previous Cost Sharing
Submitted
4. Amount of Today's Cost Sharing Submission(Insert $0.00
Amount)
5. Cost Sharing Balance(Cost Sharing per Agreement $0.00
less the Sum of All Cost Sharing Submitted)
I certify that this Cost Sharing Submittal has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as SUBRECIPIENT/DEVELOPER. To the best of my knowledge and
belief all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Signature Authorizing Grant Accountant Signature
Supervisor Signature Department Director Signature
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 64
CAO
1 � U7
EXHIBIT C
QUARTERLY PERFORMANCE REPORT
DEVELOPER shall submit quarterly reports to CHS based on the following schedule. Reports shall be
submitted according to this schedule as long as this Agreement is in force.
DEVELOPER Name: CASA SAN JUAN DIEGO,LTD.
Report Period:
Fiscal Year:
Contract/Project Number: HM24-01
Organization: Casa San Juan Diego,Ltd.
Project Name: Casa San Juan Diego
Contact Name:
Contact Number:
Activity Reporting Period Report Due Date
October 1 St—December 31 St
January 31:t—March 31" Within 45 days after
April 1st—June 30th period end
July ISt—September 30th
GENERAL
1. Activity Status or Milestones—describe any significant actions taken or outcomes achieved during
this reporting period.
2. Future Actions—what significant actions or outcomes are expected during the next reporting period?
3. Obstacles—describe any potential obstacles,challenges,or issues that may cause delay.
ACTIVITY STATUS
Complete the following information by entering the appropriate numbers for this reporting period in the
tables below. Do not duplicate information from previous reporting periods.
Activity This Reporting Period
No.Active Projects
No.Projects Complete
No. Properties Sold
TOTAL
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 65
r ,
16 7
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data This Reporting Period
No. Extremely-Low Income Households(0-30%AMI)
No. Very-Low Income Households(31-50%AMI)
No.Low-Income Households(51-80%AMI)
No.Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race Total No.Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL
I hereby certify the above information is true and accurate.
Name:
Signature:
Title:
Date:
Your typed name here represents your electronic signature
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 66
CA()
16U7
EXHI.BIT D
INCOME CERTIFICATION
INSTRUCTIONS
Submit completed form, including appropriate supporting documentation,to COUNTY to obtain approval
prior to the sale of a property associated with this Agreement to an eligible person or household.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8
Total Cash Value of Assets B(a)
Total Income from Assets B(b)
If line B(a)is greater than$51,600*,multiply that amount by the rate
specified by HUD(applicable rate 0.45%*)and enter results in B(c),
otherwise leave blank.
B(c)
*The asset amount and applicable rate above are subject to change annually
Casa San Juan Diego,Ltd.
HM24-0 I
Casa San Juan Diego Page 67
CAO
16D7
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of
Minors
Member Wages/ Benefits/ Public Other
Salaries Pensions Assistance Income
(include tips,
commissions, Asset
bonuses,and Income
overtime)
1 (Enter the
— greater of
2 box B(b) or
3 box B(c),
4 above, in
5 box C(e)
6 below)
7
8
Totals (a) (b) (c) (d) (e)
Enter total of items C(a)through C(e).
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum income
for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of
current and anticipated annual income. I/we certify that the statements are true and complete to the
best of my/our knowledge and belief and are given under penalty of perjury.
WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001, and 31 U.S.0 § 3729 provides that willful
false statements or misrepresentations concerning income and assets or liabilities relating to financial
condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under
Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context -
USCODE-2010-title3 I-subtitle]ll-chap37-subchapll l-sec3729(govinfo.gov)
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 68
CAC
� 6 7
E. HOME COUNTY Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the HOME
Program. The family or individual(s)constitute(s)a:
Extremely-Low Income(ELI)Household means and individual or family whose annual
income does not exceed 30 percent(30%)of the area median income as determined by the
U.S.Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Very Low-Income (VLI) Household means and individual or family whose annual
income does not exceed 50 percent(50%)of the area median income as determined by the
U.S.Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
60 Percent Threshold means and individual or family whose annual income does not
exceed 60 percent(60%)of the area median income as determined by the U.S.Department
of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Low-Income(LI)Household means and individual or family whose annual income does
not exceed 80 percent (80%) of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based upon the (year)income limits for the Naples-Marco Island Metropolitan Statistical
Area(MSA)of Collier County, Florida.
Signature of the HOME Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
Native
American Hawaiian or 0— 26— 41 —
Indian Asian Black Other Pac. White Other 25 40 61 62+
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use
only. No occupant is required to give such information he or she desires to do so, and refusal to give such
information will not affect any right he or she has an occupant.
Casa San Juan Diego,Ltd.
HM24-01
Casa San Juan Diego Page 69
CAO
I6U7
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor Developers of federal awards to determine
if Developers 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 amounts of Federal awards expended shall be in
accordance with the guidelines established by 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.
Developer 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 most recently completed Fiscal Year
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
❑ 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
I 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.
Date
Signature
Print Name and Title
06/18
Casa San Juan Diego,Ltd.
IIM24-Ol
Casa San Juan Diego Page 70
fN‘ t 6 7
Collier County
Community & Human Services Division
EXHIBIT F
INCIDENT REPORT FORM
Organization Name:
Organization Address:
Project No:
Grant Coordinator:
Date of Incident Time of Incident:
Report Submitted By:
(Name&Phone)
Description of Incident:
Location/Address of Incident:
Was Police Report Filed? ❑ Yes El No
If Yes, Police Report Jurisdiction:
Number:
Were there any warning signs that this type of Incident could occur? ❑ Yes ❑ No
If Yes,Explain:
What actions will be taken to prevent a recurrence of a similar incident?
I certify under penalty of perjury under F.S. 837.06 that the contents of this form are true and correct.
Signature of Person Making Report Date
Printed Name
Title
Return completed form to: Kristi Sonntag, Director,CHS
Collier County Community and Human Services Division
3339 Tamiami Trail East,Bldg.H,Suite 213
Naples,FL 34112 Fax:(239)252-2638 {:'AO
16El7
EXHIBIT G
COLLIER COUNTY INVENTORY FORM
DEVELOPER Name:
DEVELOPER
Address:
Project Name:
Project Number:
Date:
Grant Name of Acquisition Cost % Location Use Condition Description of Serial Agency Expected Date of Sale Price Status
FAIN Title Holder Date Federal Item Number Inventory Retirement Disposition (if
Funding or other k Date (if applicable)
ID applicable)
CAC.
EXHIBIT H
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
WHISTLEBLOWER PROTECTIONS CERTIFICATION
DEVELOPER Name: CASA SAN JUAN DIEGO,LTD.
DEVELOPER Address: 12629 New Brittany Boulevard,Building 16,'Fort Myers FL 33907
Employee Name:
Project Name: Casa San Juan Diego
Project No: HM24-01
In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712,DEVELOPER 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 grants, 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.
The list of persons and entities referenced in the paragraph above includes the following:
• A member of Congress or a representative of a committee of Congress
• An Inspector General
• The Government Accountability Office
• A Treasury employee responsible for contract or grant oversight or management
• An authorized official of the Department of Justice or other law enforcement agency
• A court or grand jury
• A management official or other employee of DEVELOPER, contractor,or subcontractor who has
the responsibility to investigate,discover,or address misconduct
DEVELOPER shall inform its employees in writing of whistleblower rights and remedies provided under
section 41 U.S.C. § 4712, in the predominant native language of the workforce.
By signing this form, I certify that I have reviewed and understand my Whistleblower rights and
protections as provided above.
Employee Name:
Signature:
Date:
Title:
Your typed name here represents your electronic signature
CAO
16El7
Collier County
Community & Human Services Division
EXHIBIT I
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION
CERTIFICATION OF COMPLIANCE WITH ANTI-DISCRIMINATION LAWS
Subrecipient/Contractor Name:
Program or Project Title
Grant/Contract Number:
PURPOSE
As a condition of participation in programs funded or administered by Collier County,all
subrecipients,contractors, and vendors must comply with all applicable federal, state, and local
nondiscrimination laws, rules,and regulations.This certification affirms compliance with those
requirements.
CERTIFICATION
The undersigned certifies that, in the performance of work under this agreement,the organization
and its employees,agents, and subcontractors shall comply with the following:
1. Federal Non-Discrimination Laws:
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.)—prohibiting
discrimination on the basis of race, color,or national origin.
2. Title VII of the Civil Rights Act of 1964—prohibiting employment
discrimination based on race, color, religion, sex, or national origin.
3. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)—prohibiting
discrimination based on disability.
4. The Americans with Disabilities Act of 1990(42 U.S.C. § 12101 et seq.).
5. The Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.).
6. Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)—
prohibiting discrimination based on sex.
7. The Fair Housing Act(42 U.S.C. § 3601 et seq.)—prohibiting discrimination in
housing-related activities.
2. State and Local Requirements:
1. Chapter 760, Florida Statutes—Florida Civil Rights Act of 1992.
2. Collier County Ordinances and policies related to equal opportunity,fair housing,
and nondiscrimination in the provision of County-funded services.
Community&Human Services Division•3339 Tamiami Trail East,Suite 213•Naples,FL 34112-5361•239-252-CARE(2273)
239-252-CAFE(2233)•239-252-5713(RSVP)•www.collier.gov CAO
i6II7
3. Equal Opportunity in Employment and Service Delivery:
The subrecipient shall ensure that no person will, on the grounds of race, color, religion,
sex,gender identity, sexual orientation, national origin, age,disability, familial status, or
any other protected classification, be excluded from participation in, denied the benefits
of, or otherwise subjected to discrimination under any program or activity receiving
County funds.
4. Posting and Notice:
The subrecipient agrees to post, in conspicuous places available to employees, applicants,
and program participants,notices setting forth this policy of nondiscrimination.
CERTIFICATION STATEMENT
I hereby certify that the organization named above will comply with all applicable
nondiscrimination laws, and that all activities under this agreement will be conducted in a
manner free of discrimination as defined by the laws and regulations cited herein.
Authorized Representative
Name:
Title:
Signature: Date:
Organization Name:
Address:
Phone:
Email:
Return completed certification to:
Collier County Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples,FL 34112
Community&Human Services Division•3339 Tamiami Trail East,Suite 213•Naples,FL 34112-5361•239-252-CARE(2273)
239-252-CAFE(2233)•239-252-5713(RSVP)•www.collier.gov CAO
t � I6p7
Collier County
Community & Human Services Division
EXHIBIT J
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
SUBRECIPIENT Name:
SUBRECIPIENT Address:
Grant/Project Name:
Grant/Project Number:
The grantee certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling,rehabilitation and employee assistance programs,and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph(a);
(d) Notifying the employee in the statement required by paragraph(a)that,as a condition of employment
under the grant,the employee will—
(1) Abide by the terms of the statement;and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace no later than five days after each conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions,within 30 days of receiving notice under subparagraph(d)(2),with
respect to any employee who is so convicted—
(1) Taking appropriate personnel action against such an employee,up to and including termination;or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal,State,or local health,law enforcement,or other
appropriate agency;
Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs(a),(b),(c),(d),(e)and(f).
Authorized Representative Name:
Title:
Signature:
Date:
Community&Human Services Division•3339 Tamiami Trail East,Suite 213•Naples.FL 34112-5361•239-252-CARE(2273)
239-252-CAFE(2233)•239-252-5713(RSVP)•www.collier.gov CAO