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Statutory Deed* ** INSTR 4747512 OR 4842 PG 1245 RECORDED 10/4/2012 8:42 AM PAGES 1 * ** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc @.70 $0.70 REC $10.00 ADDRESS: 2184 Sunshine Blvd, Naples, FL 34116 FOLIO NO: 35745120003 STATUTORY DEED THIS STATUTORY DEED, made this dTl /day of A0 C' L; S J 2012, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, hereinafter called the Grantor, to COMMUNITY ASSISTED e SUPPORTIVE , f Manor, t tt existing u d he laws ohe LIVING, e o Florida, having is principal office at 1401 16'" Street, Sarasota, Florida Flo 34236, hereinafter called the Grantee. (Whenever used herein the terms "Grantor' and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that he Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, he following described land I i 11 eing in Collier County, Florida: Lot 9, Block 21, Golden Gate Unit 2, r ' K of Record in Plat Book 5, Pages 65 to 77, of the Public Records of Collier lorida; As Is, u warranties, express or implied, as to the condition of the property, to t th any personalty loca d th ein. Property to be occ conveyed and Y pi a o Nei borh S bilization Program, CFDA No. 14.218, Subrecipient Agreeme t b o nity ssisted and Supportive Living, Inc. d/b /a Renaissance Mano , re or u u 1 ook 4825, Page 725 in the Public Records of Collier County, Flo da. (_1 . L-.q Further, as a condition of this fiv ance, notice of any s eq nt yance or other transfer of rights of this property is required to b n to Collier Coun a m Housing, Human and Veterans Services, its successors and ass 339 Tamiami Trail 11, Naples, Florida 34112. This requirement shall run with the land fi od of fifteen (15) 1 the date of this conveyance. Subject to easem rvations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. This Conveyance Approved by BCC: July 24, 2012, Agenda Item 11 H ATTEST: Dwight E. Brock; .Clerk L �� •' '�`+. ;.;`^ D` Clerk IP Approved as td fohn and legal sufficiency: Jennifer$. White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:� w. G FRED W. GOYLE, Chai n INSTR 4727242 OR 4825 PG 725 RECORDED 8/10/2012 9:43 AM PAGES 35 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $299.00 Agreement #NSP -002 NEIGHBORHOOD STABILIZATION PROGRAM CFDA No. 14.218 SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND Community Assisted and Supportive Living, Inc. d /b /a Renaissance Manor THIS AGREEMENT, made and entered into on this 24' day of July, 2012, by and between Collier County, a political subdivision of the State of Florida (hereinafter called the "County "), and Community Assisted and Supportive Living, Inc. d/b /a Renaissance Manor (agreement # NSP -002), a private not - for - profit corporation, existing under the laws of the State of Florida, having its principal office at 14011 16TH rasota, Florida (hereinafter called the "Subrecipient ") to undertake the Nei T o�;�ta6i ' Program ( "NSP ") as approved by the Collier County Board of Court ' ` ners. , WHEREAS, the Department of Housing and Economic Recovery Act of � WHEREAS, the ou property located in Collier �Ct opportunities to benefit low- ylied for and be ai D m itle III f I -I RA " a f e ded• a d as seed CIS f t ui of r 'd' noderate- income p ons nd i rded funds from the U.S. �i isio i B of the Housing and a d rehabilitate certain real �+ ffordable rental housing s; and WHEREAS, the Su ,'ent has submitted r participation in the Collier County NSP; and WHEREAS, the County a i' pi set forth the responsibilities and obligations of each in undertaking the NS g such funds; NOW, THEREFORE, it is agreed between the parties hereto, that: DEFINITIONS A. "CDBG" means the Community Development Block Grant program. B. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L. No. 93 -383, as amended. Unless otherwise noted in HERA, as amended, and the alternatives in the NSP Notices, NSP is governed by the CDBG regulations. C. "CDBG Funds" means the definition at 24 CFR 570.3. D. "Eligible Costs" means costs of activities that are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and conform to all NSP requirements. E. "Environmental Requirements" means the requirements described in 24 CFR Part 58. F. Community Assisted and Supportive Living, Inc. d /b /a Renaissance Manor hereinafter referred to as the Subrecipient. G. Grant Coordinator. Designated HHVS representative who is responsible for the enforcement of the terms and conditions of the agreement. Page 1 of 35 OR 4825 PG 726 Agreement #NSP -002 H. "HERA" means the NSP found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. I. Housing Human and Veteran Services (HHVS): A department within the Public Services division within Collier County Government. J. "HUD" means the U.S. Department of Housing and Urban Development. K. "LMMI" is the HUD - defined term incorporating households with eligible incomes (at or below 120 percent of the area median income, based on household size and metropolitan statistical area), including low -, moderate -, and middle- income, in referring to the national objective of the CDBG program. L. "NSP Notice" refers to the alternative requirements for the NSP issued by HUD in the Federal Register on October 19, 2010, Docket No. FR- 5447 -N -01. M. "NSP Funds" means those funds provide to, or generated by, the activities contemplated in this Agreement. N. "Program Income" means the NSP portion of any gross income received by the Subrecipient directly generated the use of NSP funds, as described in 24 CFR 570.500(a). O. "Subrecipient" me onprofit agency, authority, or organization, or f entity authorize 4 CFR 570.201(o), receiving CDBG funds fl recipient or another bre ' ient to undertake activities eligible for su as s ce un Part 0 bpart C. OPE OF PROM T A. Activities L Subrecipient sha rtake and complet e ctiv `� s set forth in Exhibit A to this Agreement, w ovides a descripti fi ity including the products to be provided and o ' s to be pertor , entifies the person or entity providing the services, 1 tion of the a e recipients of the service, and the manner and means he Y B. National Objectives l j All activities funded with NSP funds must meet the NSP's income eligibility requirement of benefit to low -, moderate- and middle- income persons. Subrecipient certifies that the activity or activities carried out under this Agreement will meet the NSP income eligibility requirements as follows: 100 percent of persons benefiting from the activity or activities performed under this Agreement shall meet the HUD definition of low -, moderate -, or middle income. SCOPE OF SERVICES A. General Administration Subrecipient will be responsible for the general administration of the NSP for activities set forth herein and those stated in RFP 12 -5836 (herein incorporated by reference) in a manner satisfactory to County and consistent with the standards set forth in the Grant Agreement between County and HUD. Subrecipient shall develop a rental operations manual and a management plan and both shall be submitted to the County's grant coordinator within (90) ninety days of agreement execution in Page 2 of 35 OR 4825 PG 727 Agreement #NSP -002 accordance with Exhibit A -3. Such program will include the following activities eligible under the NSP: i. Proiect Monitoring Subrecipient shall submit quarterly reports to County within ten days of prior month end. Such reports may include, but not necessarily be limited to, project progress, beneficiaries, obstacles, achievements, anticipated actions, and services offered. ii. Project Fiscal Management Subrecipient shall submit quarterly financial records and a quarterly program income report within ten days after the end of each quarter to the HHVS grant c r ing, but not limited to, project expenditures c res to projected expenditures, a summary rents receive , ent project account balance (if any). Su e ' ' nt shall ensure that th nt structure clearly identifies those pe i hy� �h grant d ose expenditures paid by other our es. x ditures must of rm to the allowable cost princi les FH F 4 FR 85.22, Non Profits 24 CFR 5. d F 1 iv to ntractors. Any program inco ire a in h II e r t ned t t quarterly. The S ipient shall prepar nd su n Annual Capital Needs Assess nd a Capital Re n ® rve Schedule, these plans shall be ed by the County ny expenditures. The plans shall con fo required com lements set forth by state and federal regula ' sT iii. Project Reporting Subrecipient shall submit annual reports as required by County including, but not necessarily limited to, Section 3, Fair Housing, milestones, accomplishments, and client demographic data. B. Levels of Accomplishment — Goals and Performance Measures Subrecipient shall be responsible to accomplish the levels of performance as set forth in Exhibit "A" and report such measures as persons or households assisted. Subrecipient shall also include time frames for performance to the County as requested. C. St_ affing Subrecipient shall ensure adequate and appropriate staffing are allocated to NSP activity. The Subrecipient shall identify a lead contact person /project manager. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. Subrecipient shall at all times remain an "independent contractor" with Page 3 of 35 OR 4825 PG 728 IV. V. Agreement #NSP -002 respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. Should the Subrecipient enter into a property management agreement with a property management company the Subrecipient shall provide a copy of the property management agreement to the grant coordinator for review 30 calendar days prior to execution. All conditions set forth in this agreement shall be included in any sub contract for property management services. The Subrecipient shall notify the County grant coordinator thirty (30) days prior to any changes in the key personnel such as the CEO or CFO. D. Performance Monitoring County will monitor the C t against goals and performance standards as state Subrecipient I ovide County all necessary reporting informati a uired by County in t i ad inistration and review of the project(s). Subst nd d rm termin d b the County will constitute noncompliance ith this Ag a t. If ction rrect such substandard performance is oft Die r re onable period of time as determined by t e u ty, ft r ei i e C un , contract suspension or termination proc it i 't' It I �,. IE AND PERFOR CE ..Q Activities of the Subreci n all start on the 1st (sf eptember, 2012 and end on the 1st day of September, o'ect Peri rties must be rented to eligible tenants no later than March a response nature of the NSP, all projects are expected to be co the project period. Any projects not completed as described may be subject to immediate recapture. BUDGET No grant or other funds are to be provided to the Subrecipient from Collier County under this agreement. The Subrecipient shall collect gross rents subtract net operating expense and capital reserve allocation and if any funds remain all NSP Program Income shall be returned on a quarterly basis. Subrecipient shall receive prior written approval from County through the submission of the annual Capital Needs Assessment, Capital Replacement Schedule and an Operating Expenditure Plan prior to expending any NSP rental funds received through this project. The subrecipient shall submit a draft plan for Operating and Capital within 30 days of execution of this agreement. If the NSP Funds are not expended in accordance with the terms, conditions and time period set forth in this agreement or the approved Operating and /or Capital Plan, the total amount of the NSP Funds that exceed the eligible costs of the project(s), the amounts improperly expended shall be repaid and any funds not expended shall be returned to County within thirty (30) days after the expiration or termination of this agreement. Page 4 of 35 OR 4825 PG 729 VI VII Agreement #NSP -002 Project costs shall be paid in accordance with NSP regulations and this agreement. All costs incurred must be fully documented. Subrecipient shall provide any supplementary expenditure information, as requested, within 5 days of request in the form and content prescribed by County. PAYMENT AND PROJECT ACCOUNT(S) Payments may be contingent upon certification of Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21 or 85.21. County reserves the right to suspend NSP Program expenditures should the Subrecipient fail to provide required reports in a timely and adequate fashion or if Subrecipient fails to meet other terms and conditions of this agreement. NSP Funds shall be deposited and maintained in two separate fund accounts (Operating and Capital). Subrecipienea.0 f the accounts in a manner that is consistent with generally es. All disbursements from the accounts shall be for obli urred in the p ce of this Agreement and shall be supported by contra s, vouchers, recei s a other data, as appropriate, evidencing the necess' oDRnditure., ,,., NOTICES Notices required by (postage prepaid), c electronic means (pr aforesaid shall be el written communication: the capacities indicated Communication and details contract representatives: County that receipt is co on the date of dig this Agreement l ss otherwise Geoffrey Magon, Grant Coordinator Collier County Government 3339 East Tamiami Trail Suite 211 Naples, FI 34112 239 - 252 -2336 Fax 239 - 252 -2638 GeoffreyMagon@colliergov.net Page 5 of 35 Upp and delivered via mail y ent by facsimile or other otice delivered or sent as ding. All notices and other ressed to the individuals in subsequent written notice. shall be directed to the following Subrecipient Scott Eller, CEO Community Assisted and Supportive Living, Inc. d/b /a Renaissance Manor 1401 16 " Street Sarasota, Florida 34236 941 - 955 -0708 Fax 941 - 366 -0033 scott .eller @renaissancemanor.org OR 4825 PG 730 Vlll. IX Agreement #NSP -002 REPORTING AND COMPLIANCE A. Reoorting Requirements Subrecipient shall submit to County the reports as required by the NSP and HUD, including but not limited to those referenced in Section III. A. i -iii of this agreement. All records of Subrecipient pertinent to the activities undertaken as part of this agreement shall be maintained in accordance with 24 CFR 570.490 or 570.506. B. Records. Access, and Maintenance Subrecipient shall establish and maintain for at least six (6) years from the final close out of this Agreement such r rds as are required by County, including but not limited to, financial repo >; ipant information, program and audit reports. The parties fu r. uired by County with respect to any questioned cost , coding, litigation to between HUD and County shall be maintaine o time needed for the r olut n of any such issue and that in the event of ea y to ion o ment, r if r any other reason County shall require a r ie of e r or elated lo the oje t(s), Subrecipient shall, at its own cost an ex rel ted to the project(s) from its other records of a do C. Inspections At any time durin al business hou o t ) days prior written notice and as often as ay deem neces such a manner as not to interfere unreasonab ntf�i a normal b perations, Subrecipients shall make available to Coun UD, and appropriate federal and state agencies or officials, r respect to matters covered by this agreement including, but not limited to, records of personnel and conditions of employment and shall permit County to audit, examine and make excerpts or transcripts from such records. The Subrecipient shall provide within 180 days after the end of their fiscal year a certified A -133 audit of the Subrecipients records. D. Use of Federal Grant Funds Subrecipient acknowledges that this agreement involves the use of federal funds and as such, is subject to audit by the agency of the United States Government granting the funds to HUD and County for the purposes of performing the work and activities as listed in Exhibit "A ". Subrecipient shall fully reimburse County for any cost of the Subrecipient which is disallowed by any federal agency and which must be refunded thereto by County. SPECIAL CONDITIONS A. Allowed Amounts of Rents for NSP Rental Units Page 6 of 35 OR 4825 PG 731 Agreement #NSP -002 All NSP Properties must be rented to Eligible Persons with incomes 50% to 120% of the Area Median Income, The Subrecipient shall make every effort to rent at least 25% of the property to person below 50% of the Area Median Income. However in the event the Subrecipient is unable to find a renter with an income that is less than 50% of the median income; the HHVS Director or designee may approve leasing the NSP Properties to a person with an income up to 120% of the Area Median Income. The Subrecipient will select the Eligible Person that will lease the NSP Units using its written criteria provided it is consistent with the NSP regulations. The goal for all NSP rental properties will be as follows: 1. Up to 25% of all NSP Units leased to persons with Area Median Income. 2. Up to 50% of all NSj=�* Uts 80% of the Area nO Z14%�fOl 3. Up to 25% of the N. may be r 80% and 120 %,df Wrea Median Income i. The maxi 50% of the (a) The low F published by incomes below 50% of the incomes between 50% and with incomes between with incomes below ip Program as X&rAQ and Urban Development he cost of any ten ai u ; or (b) 30% of the ns income as det in a Subrecipient; or (c) If the Eligib ons receives assis rom the Section 8 Housing Program, the am ved as 1 by the Section 8 Housing Authority. CigC ii. The maximum monthly rent for units leased to persons with incomes between 50% and 80% of the Area Median Income will be the higher of: (a) The high HOME Rent Limit for the HOME Partnership Program as published by the United States Department of Housing and Urban Development less the cost of any tenant paid utilities; or (b) 30% of the persons income as determined by the Subrecipient; or (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. iii. The maximum monthly rent for units leased to persons with incomes between 80% and 120% of the Area Median Income will be the higher of: (a) The Fair Market Rent as published by the United States Department of Housing and Urban Development less the cost of any tenant paid utilities as published by the Housing Program ;or (b) 30% of the persons income as determined by the Subrecipient; or Page 7 of 35 OR 4825 PG 732 0 Agreement #NSP -002 (c) If the Eligible Person receives assistance from the Section 8 Housing Program, the amount approved as reasonable by the Section 8 Housing Authority. GENERAL CONDITIONS A. General Compliance Subrecipient agrees to comply with the requirements of Housing and Economic recovery Act of 2008, as amended, and Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning CDBG including subpart K of these regulations, except that Subrecipient does not assume the County's environmental responsibilities described in 24 CFR 570.604). Subrecipient also agrees to complLwtt LaII other applicable Federal, state and local laws, regulations, and c{j�o r( a activities provided under this agreement. B. Adherence to ate d Federal I aw. Ranida`tannc I. GE all for all �tk es engaged by`I work ities authorized full res ty for providing i taking a all necessary work ers herwise a b ity for payment of any and �n premiums, workers' th oldings, social security roll withholdings required in the performance of the ent. Subrecipient accepts roper safety equipment and to guarantee the safety of ii. Prohibition of Gifts —tq! i t loyees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. iii. Immigration Law Compliance By executing and entering into this agreement, the Subrecipient is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Sponsor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Page 8 of 35 OR 4825 PG 733 Agreement #NSP -002 iv. No Improper Use The Subrecipient will not use, nor suffer or permit any person to use in any manner whatsoever, any County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Subrecipient or if the County or its authorized representative shall deem any conduct on the part of the Subrecipient to be objectionable or improper, the County shall have the right to suspend the contract of the Subrecipient. Should the Subrecipient fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Subrecipient fu e}`" ` e` commence operation during the suspension i 1 has been corrected to the satisfactio ounty. The S bre i rsf- ai in pli nce with all zoning and appli ble eg a i uant t the C ier ounty Land Development v. veae w e 55 b i nt a e s t q ply with applicable state and 1 i , hts a nd of the Civil Rights Act of 1964 ended, Title VIII of t Civ Ri b% ct of 1968 as amended, Sectio ) and Section 10 it Housing and Community Develop ct of 1974 as amen t CDA), Section 504 of the Rehabilita 1973, the A ith Disabilities Act of 1990, the Age Disc ' i cutive Order 11063, and Executive Order _ s by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its contractors and subcontractors. vi. INDEMNIFICATION To the maximum extent permitted by Florida law, the Subrecipient shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Subrecipient or anyone employed or utilized by the Subrecipient in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 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. Page 9 of 35 OR 4825 PG 734 Agreement #NSP -002 C. Outstanding Liabilities Subrecipient represents and warrants that it does not owe: (1) any delinquent taxes to the County, the State of Florida (the "State ") or a political subdivision of the State; (2) any moneys to the State or a state agency for the administration or enforcement of any environmental laws of the State; and (3) any other moneys to the State, a state agency or a political subdivision of the State that are past due, whether the amounts owed are being contested in a court of law or not. D. Falsification of Information Subrecipient represents and warrants that it has made no false statements to the County in the process of obtaining this award for participation in the NSP. E. Procurement I. comoliance ' mply with current HUD policy concemin rchase of eq ' and shall maintain inventory records f non - expendable pers al operty as defined by such policy s e w' fun pr vided herein. A complete invent ry all a vid to the ounty gr t coordinator on July 1 of each ea . d ogram income, property, equip a tc. s 11 rt o t u ty pon termination of this Agree II g e (un p nd ogram income, property, equip i fa r et . a retained and remain with the S ipient after the co letio fifteen year affordability period. 0 ii. OMB Stan nless specif� ise within this Agreement, the Subrecipient alp^ rials, property, or services in accordance with i 24 CFR 84.40 -48 or 24 CFR 85.36. iii. Travel Subrecipient shall obtain written approval from County for any travel outside the metropolitan area for which NSP Funds are used under this Agreement. All travel costs reimbursed with NSP Funds shall be at the rates allowed under Subrecipient's HUD - approved travel rules. iv. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 or 85 and 24 CFR 570.502, 570.503, and 570.504, as applicable. v. Subcontracts Subrecipient will include all relevant provisions of this Agreement in all subcontracts entered into as part of the activities undertaken in furtherance of this Agreement and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor or contractor is in violation of regulations issued by any federal agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the Page 10 of 35 OR 4825 PG 735 Agreement #NSP -002 requirements of these regulations. Subrecipient shall notify the grant coordinator of their intent to subcontract any services under this agreement. Copies of all executed subcontracts shall be provided to the grant coordinator within thirty (30) days prior to execution. vi. Conflict of Interest No personnel of Subrecipient, any contractor or subcontractor of Subrecipient, public official, employee or member of the governing body of the particular locality where this Agreement shall be completed, who exercises any functions or responsibilities in connection with the review or approval of the work completed under this Agreement, shall prior to the completion of such work, voluntarily or involuntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge or fulfillment of his functions or responsibilities with respect to the completion of the work contemplated under this Agreement An erson who, prior to or after the execution of this Agreement Z a ersonal interest, involuntarily or voluntarily, s is interest to County in writing. Thereafter not participa ction affecting the work under this Agr a unless the County ete ines that, in light of the person in r is rticipa 'on any such action would not be tra t��u� inter t. Su eci lent shall adhere to the vii. iintil R&Lkr e s S r ip grees to comply with all appy on I ire i r as they apply to the perfor a of this Agreement, ' clu in of limited to the Clean Air Act, th eral Water Pollu ' n t and the Flood Disaster Protecti Subrecipient a comply with the Historic Preservati ements of Nat' oric Preservation Act of 1966 and HUD L n at CFR 570.608 and 24 CFR Part 35, Subpart C viii. Liability Subrecipient shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of County) caused by the negligent acts or omissions, or negligent conduct of Subrecipient, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities of this Agreement. Furthermore, the subrecipient agrees to be liable for the negligent acts or negligent omissions by or through itself, its employees, agents and subcontractors. The subrecipient further agrees to defend itself and themselves and pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this Agreement shall impute or transfer any such liability. ix. Insurance and Bondino Subrecipient 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 property value. Page 11 of 36 OR 4825 PG 736 Agreement #NSP -002 Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31, 84.48, and 85.36, as applicable, Bonding and Insurance. x. County Recognition Subrecipient shall insure recognition of the role of County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. The Subrecipient shall use the Collier County Logo and Seal Identity Standards and Guidelines when referring to the County. A. Termination Procedure 1. Termination County may immediately terminate this Agreement by givin n en notice of termination to the Subr Q I 'ng occurrences: ailure of Subrecipien to Ifill in a timely and proper bligati s der this Agreement. ' it ub it timely reports that are c`—Failu S '.pie � NSP- assisted properties for the stated pu es in t ' reement. ermination of the N D. 2. Effie ixty (60) days after termination of this Agr " lent shall surrender all reports, documents, and other materials assembled and prepared pursuant to this Agreement, which shall become the property of County, unless otherwise directed by County. After receiving written notice of termination, Subrecipient shall incur no new obligations and shall cancel as many outstanding obligations as possible. 3. Forbearance Not a Waiver No act of forbearance or failure to insist on the prompt performance by Subrecipient of its obligations under this Agreement, either express or implied, shall be construed as a waiver by County of any of its rights hereunder. F. Relocation The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; 24 CFR Part 42 — Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606 — Displacement, relocation acquisition, and Page 12 of 35 OR 4825 PG 737 XI. Agreement #NSP -002 replacement of housing, as may be amended by HUD. The Subrecipient also agrees to comply with applicable County or local ordinances, resolutions and policies concerning the displacement of persons. MISCELLANEOUS A. Govemina Law This Agreement shall be governed by the laws of the Federal Government, State of Florida, or Collier County as to all matters, including but not limited to matters of validity, construction, effect and performance. B. Form and Venue All actions regarding this Ag competent subject matt ' agree that venue in C. Entire Aareeme 77, p This Agreem the complete other discus between the D. Severability shall be brought exclusively in a court of T y Ilier County, Florida, and the parties erred to herein constitute d supersede any and all either oral or written, Whenever possi ch provision of this %.1 t shall be interpreted in such manner as to be e®i nd valid unde le law, but if any provision of this Agreement is he o r valid under applicable law, such provision shall be ineffe yCto ent of such prohibition or invalidity, without invalidating the remainder o such provisions of this Agreement. E. Amendments and Modifications Either party may at any time during the term of this Agreement request amendments or modifications. Requests for amendment or modification of this Agreement shall be in writing and shall specify the requested changes and the justification of such changes. The parties shall review the request for modification in terms of the regulations and goals relating to the Project(s). Amendments or modifications to grant agreements (Collier County CMA 5330), such as time extensions, movement of grant funds from line item to line item within the approved grant agreement budget, and other changes that do not increase the County's obligations, require additional staffing, resources or negatively impact another planned or programmed project may be signed by the respective Public Services Division Administrator unless prohibited by the grantor agency, grant agreement or any applicable federal, state, or local laws, rule or regulation. All such amendments must be duly signed by both parties and verbal agreements do not constitute an amendment or modification. F. Pronouns Page 13 of 35 OR 4825 PG 738 Agreement #NSP -002 The use of any gender pronoun shall be deemed to include all the other genders, and the use of any singular noun or verb shall be deemed to include the plural, and vice versa, whenever the context so requires. G. Headings Section headings contained in this Agreement are inserted for convenience only and shall not be deemed to be a part of this Agreement. H. Assignments Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned, subcontracted or sub granted by the Subrecipient without the prior express written consent of ounty. Each party s Subrecipient Statutory Deg charges. Tlt accounts wit XII. List of Exhibits A. Exhibit A : B. Exhibit A -1: C. Exhibit A -2: D. Exhibit A -3: E. Exhibit A-4: F. Exhibit A -5: G. Exhibit A -6: H. Exhibit A -7: Fbb•' esponsible for paymen `of i own attorney's fees. The ll es o a, of the cost of recording the ) an the a sha a of t ter, sewer, and garbage o to ransfer associated utility n4 hurs ft rte I i Description 'lity Requirements �O 3ra Requirements Repo �'`�-- _____--- '��;�" , Monitcl n 21, Income Certifi ' Performance Report Data Operating and Capital Expense /Program Income/Expenditures IN WITNESS WHEREOF, the County and Subrecipient, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written: ATTEST;\ Dwig 't_ $rock, Cleri�of Courts ' nw 16: rt'p��tw'f•� .. Approved as 1R fambnd legal suffidlency:: JennTer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA By:. Fred W. Coyle, Chairman Page 14 of 35 OR 4825 PG 739 first Witness Type /print witness name Agreement #NSP -002 SUBRECIPIENT: Community Assisted and Supporti a iv'ng, Inc. d/b /a Renaissance Manor By: �. I Scott Eller. CEO -'jgR Cpv\ -41F, �V Page 15 of 35 c OR 4825 PG 740 EXHIBIT A. Project Description A. GENERAL Agreement #NSP -002 Subrecipient will be provided ownership in certain real property acquired by the County for the purpose of rental to NSP - eligible persons or families. The property associated with this agreement consists of a multi - family residential dwelling units. The property associated with this agreement is more particularly described in Section D of this exhibit. All costs associated with the transfer for the aforementioned property from County to Subrecipient shall be bome by Subrecipient. B. ELIGIBLE ACTIVITIES The following activities are eligible under this Agrees in the NSP Notice. - -"'- NSP - Eligible Use (Bl — P nd rehabilita have been abandoned closed upon, in homes and properties. • 24 CFR 570 01 u' ' homeowners ip si to s fi o 24 C R_ 202 a ai I e C. NSP- assisted property subje agreement and families whose income doe not less than twenty-five (25) perce t income that exceeds 50 percent of the area me is D. SCOPE OF SERVICE: and are more thoroughly described and residential properties that )kell, rent, or redevelop such and (n) Direct activities for 1 ki, C, h ed with respect to individuals r I t area median income. However, iv!duals or families may not have an income ( "LH25 Requirement "). (a)The major goal of the agreement is to provide affordable rental housing through the operation of multi - family properties located at the following addresses in Naples, Florida: 1. 2184 Sunshine Boulevard; Naples, Florida 34116; Lot 9, Block 21, Golden Gate Unit 2, According to the Plat Thereof, of Record in Plat Book 5, Pages 65 through 77, of the Public Records of Collier County, Florida. 2. 5465 Hunter Boulevard; Naples, Florida 34116; Lot 34, Block 164,Golden Gate, Unit 5, in accordance with and subject to the plat recorded in Plat Book 5, Pages 117 -123, inclusive, Public Records of Collier County, Florida. 3. 1660 41' Street, S.W.; Naples, Florida 34116; Lot 8, Block 72 of Golden Gate, Unit Two, according to the plat thereof as recorded in Plat Book 5, Pages 65 -77, of the Public Records of Collier County, Florida. Page 16 of 35 OR 4825 PG 741 Agreement 4NSP -002 (b) The Subrecipient will operate all tasks in connection with this rental housing program in compliance with all applicable federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the County. Toward the goal of renting out the available units to eligible applicants, the major tasks that the Subrecipient intends to perform include, but are not necessarily limited to, the following : 1. Rental housing program plans, procedures and forms: rental housing program design and procedures, including any necessary forms, documents or contracts, will be established. 2. Outreach: Sufficient advertisement of the rental housing program and other forms of outreach will be conducted to ensure that eligible applicants participate in the program. 3. Intake /assessment of eligibility: a written Tenant Selection Plan will be put in place that establishes eligibility requiremen income limits, procedures for accepting applications and selecting from , nlV' preferences, in accordance with all HUD and HIPPA regulation . 4. Maintenance of case le nd other records: all ece ary case files and records, such as applicant in a ' _ ocum ligibi ' , d monthly rent payments, will be maintained an r lar repo t Cou will b pr vided as requested. 5. Property man. of the property, GENERAL C97 f \Ie ciR% EXHIBIT A -1. Affordability Requirements Page 17 of 35 and maintenance OR 4825 PG 742 EXHIBIT A -1. Affordability Requirements Agreement #NSP -002 GENERAL Subrecipient will ensure that all properties subject to this Agreement comply with the affordability provisions of the HOME Investment Partnerships Program as contained in 24 CFR 92.254 relating to qualification as affordable housing. The Subrecipient, at its sole discretion, may impose greater restrictions so long as the restrictions are at level at or above those of the HOME Investment Partnerships Program. After the 15 year affordability period has been satisfied the requirements attached to the property are no longer applicable. RENTAL: LONG TERM AFFORDABILITY The NSP- assisted housing must meet the affordability requirements for not less than the applicable period of 15 years, specified pursuant to 24 CFR 92.252(a), (c), (e), and (f), and 92.254. The affordability requirements for e c° apply without regard to transfer of ownership, except that the affor restrictions may t e upon foreclosure or transfer in lieu of foreclosure. Collier un orce long -term a dability through the use of a recorded lien, covenant, or d ed st ' ag assist p perty. Subsequent rents during th a r b e b a ed nd applied in conformance with 24 CFR 92.252 (a), (c), (e), f). RECAPTURE PROVISIONS ��',' The recapture provisions will that the County r Pia I of the NSP assistance, if the housing does not continue to b s a multi- fa al property and the Subrecipient does not continue to own the reside a period of affordability. The period of affordability is 15 years based upo nt of NSP funds subject to recapture described above. The County may permit the Subrecipient to recover the Subrecipient's investment ( capital improvements made by the owner since the conveyance at the owner's expense minus NSP funds) before recapturing the NSP investment. Any NSP investment recaptured by the County shall remain with the County for future use toward other NSP - eligible activities. Page 18 of 35 OR 4825 PG 743 Agreement #NSP -002 EXHIBIT A -2. Grant Agency Requirements APPLICABLE LAWS AND REGULATIONS Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally by compliance area, include but may not be limited to the following. GENERAL REQUIREMENTS • The Housing and Community Development Act of 1974, as amended and as implemented by the most current HUD regulations (24 CFR Part 570). • Federal Register Docket No. FR- 5447 -N -01: Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010. • U.S. Department of Housing and Urban Development's Playing by the Rules: A Handbook for CDBG Sub - recipients on Ad ems. CIVIL RIGHTS • Title VI - Civil Rights of • Section 109 - Title I_ o in n o unity ct of 1 74. • Title VIII of the Civil ig 1 , as mended. 42 U.S.C. 3601. • Section 504 of the eh ili atio ct f 1 n t me 'cans with Disabilities Act of 1990. (1) E_ • Executive Order 11 Equal Employm Op ort ri as amended by Executive Order 11375, Parts II I. h,J • Executive Order 1106 ual Employment as amended by Executive Order 12259. • Section 3 of the Housing a , as amended Section 118 of Title I, Community Development an gi • Age Discrimination Act of 1975. • Executive Order 12432: National Priority to Develop Minority and Women Owned Businesses. • Section 504 of the Rehabilitation Act of 1973 and implementation regulation (24 CFR Part 8). ACQUISITION AND RELOCATION • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (46 U.S.C. 4601 and regulations at 49 CFR, Part 24). HOUSING • The Truth in Lending Act (Regulation Z). • Title I Consumer Protection Act (PL 90321). • The Lead Base Paint Poisoning Prevention Act (42 U.S.C. 4831 -5 et al.) and HUd implementing regulations (24 CFR Part 35). • The Residential Lead -Based Paint Hazard Reduction Act of 1993 (PL 102 -550). • The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., 5401 et. seq., as amended). Page 19 of 35 OR 4825 PG 744 Agreement #NSP -002 • Manufactured Housing Act (O.C.G.A. Sections 8-2 -130 and 160 et. seq.). • Construction Industry Licensing Board Act (O.C.G.A. Section 43- 14 -8). • The Fire Administration Authorization Act of 1992 (PL 102 -522). ENVIRONMENTAL • Title I of the Housing and Community Development Act, Section 104(g) — as amended (42 U.S.C. 5304) and published in 24 CFR Part 58. • Section 306 of the Clear Air Act (42 U.S.C. 1857(h)) • Section 508 of the Clean Water Act (33 U.S.C. 1368). • Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). • Energy Policy and Conservation Act (Pub. L.94 -163). LABOR STANDARDS • The Contract Work Hou a► ds Act (40 U.S.C. 327 -330) as supplemented by Depart abor regulati' • The Davis -Bacon Act 0 C. 276(a) to (a -7), s s plemented by Department of Labor Regulations. • The Davis -Bacon A (42 S. 1 • The Copeland "Anti is up lemented by Department of Labor regulations. OTHER • Conditions prohibiting i tly religious activi i 570.200U)). USING REHABILITATION RE C rR�. • The Common Rule 24 CFR 85 — app ies i the direct party of the construction contract. This rule requires a competitive procurement. • Federal Labor Standards — Only in certain situations. Davis -bacon wage rate are applicable when NSP funds are used for rehabilitation of more than 8 housing units in one project. • Lead -Based Paint Hazard Elimination (24 CFR Part 35) — These rules include inspection, testing, risk assessments, hazard control or abatement, safe work practices, clearance and notification /disclosure requirements. • Section 3 Clause of the Urban Development Act of 1968, and as implemented by HUD regulations at 24 CFR Part 135 applies (regardless of the dollar amount of the contract) in the following situations: • If the Subrecipient contracts directly for rehabilitation services or acts as an agent for the homeowner, i.e., signs the rehabilitation contract. • If the Subrecipient provides homeowners with a list of contractors eligible to participate in the local rehabilitation program, the Recipient should assure that eligible Section 3 business concerns located or owned in part by residents of the area are also included on the list. • If the individual homeowner contracts directly for rehabilitation services and the Subrecipient is not a party to the contract, the Section 3 requirements do not have to be followed. Page 20 of 35 OR 4825 PG 745 Agreement ##NSP -002 Section 104(d) of the Housing and Community Development Act is applicable if rental units are converted to non- "low and moderate income dwelling units" or if occupied or occupiable housing units are demolished. See HUD regulations at 24 CFR Part 570.606 and 24 CFR Part 42. The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, and as implemented by DOT regulations 49 CFR Part 24, is applicable if tenants or homeowners (regardless of income) are displaced in conjunction with a NSP activity. The Truth -In- Lending Act (Regulation Z) (USC 1601, et. seq.) which applies to any loan transaction between the Recipient and the homeowner provided the Recipient meets the criteria of being a "creditor', as defined by the Federal Reserve System EQUAL OPPORTUNITY, FAIR HOUSING AND ACCESSIBILITY GENERAL The regulations pursuant to Title applicants to assure through cert' Section 109 of the Act the no di Title VIII of the Civil Rights Act requirements are briefly des ibe� 1. Title VI of Civil Rights Federal financial assistar iu9tr�g) ommunity Development Act require all ac Iry be conducted in accordance with clause), f the Civil Rights Act of 1964, nd Executive rd rs 11246 and 11063. These rams or activities receiving 2. Section 109 of Title I — H �' and Community elo m ct of 1974 Nondiscrimination in any program or activity su o the provisions i f o person in the United States shall on the ground of race, co ional origin, or sex cluded from participation in, be denied the benefits of, or be su iscriminat* any program or activity funded in whole or part under this Title. Any mination on the basis of age under the Age Discrimination Act of 1975 or to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. 3. Title VIII of the Civil Rights Act of 1968, as amended. Prohibition against discrimination based on sex. 4. The Fair Housing Law Provides protection against the following acts, if they are based on disability, race, color, religion, sex, national origin, or family status: • Refusing to sell or rent to, deal or negotiate with any person Discriminating in terms or conditions for buying or renting Housing • Discriminating by advertising that housing is available only to persons of a certain family status, race, color, religion, sex, or national origin • Denying that housing is available for inspection, sell or rent when it really is available • "Blockbusting" - For profit, persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood • Denying to anyone the use of or participation in any real estate services, such as brokers' organizations, multiple listing services or other facilities related to the selling or renting of housing Page 21 of 35 OR 4825 PG 746 Agreement #NSP -002 • Denying or making different terms or conditions for home loans by commercial lenders, such as banks, savings and loan associations and insurance companies 5. Executive Order 11063 - Equal Opportunity in Housing, as amended by Executive Order 12259 — All departments and agencies are directed to take all action necessary and appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Government or provided with Federal financial assistance and in the lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans insured or guaranteed by the Federal Government. 6. Executive Order 11246 — Equal Employment Opportunity, as amended by Executive Order 11375. Part II - Employment under Federal contracts. Non - discrimination in employment by government contractors and subcontractors. Part III - Federally assisted construction contracts. Non - discrimination in employment under federally assisted construction contracts. Parts II and III are administered by the Department of 7. Section 3 of the Housing and nt Act o amended and as implemented by HUD regulations at 24 CFR P Section 3 provide to the greatest extent feasible, training and employment op rt u I be made ava bl to lower income residents of project areas and that contr s e d t sm-91V sines es cated within the project area or owned in substantial part y }jear i q-, Local government recipien d Subrecipients st co with Section 504 of the Rehabilitation Act of 1973, ended. This req n r� milar to the "Americans with Disability Act" (ADA) which is plicable. HUD pu mplementation regulations (24 CFR Part 8) as a final rule on ! 988. The equirement is that no otherwise qualified individual with a disability , because a recipient's facilities are inaccessible to or unusable by individu sties, be excluded from participation in, denied benefits, or otherwise be subjected to discrimination under any program or activity that receives NSP assistance. The definition of disability includes physical and mental factors and also includes those who may be regarded as handicapped (such as the spouse or children of a person with AIDS). Both building accessibility and employment practices are covered by Section 504. AFFIRMATIVELY FURTHERING FAIR HOUSING Any Subrecipient must certify that it will affirmatively further fair housing, mandated under 24 CFR 570.602. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 As amended, provides that, to the greatest extent feasible, opportunities for training and employment shall be given to recipients of public housing and lower- income residents of the unit of local government or the metropolitan area (or non - metropolitan county) in which the project is located. Contract work in connection with such projects shall be awarded to business concerns which are owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project, employ Section 3 residents in full -time positions, or Page 22 of 35 OR 4825 PG 747 Agreement #NSP -002 subcontract with businesses which provide economic opportunities to lower income persons. Section 3 Regulations 24 CFR 135. § 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to r-nn which implement section 3. As evid dy contract certify that they are and a from complying with the part 13 ations. C. The contractor agrees to which the contractor has a notice advising the labo commitments under this s places at the work site w positions can see the notice minimum number and job positions, the qualifications applications for each of the F notice shall descnih ubject to hire, and the name DDs regulations in 24 CFR part 135, On of this contract, the parties to this AWdiment that would prevent them presentative of workers with er understanding, if any, a e tative of the contractor's of the notice in conspicuous !pr training and employment 3 preference, shall set forth apprenticeship and training ition of the person(s) taking work shall begin. D. The contractor agrees to includelhis`- i _ of use in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD:3s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment Page 23 of 35 OR 4825 PG 748 Agreement #NSP -002 shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section7(b). DEBARMENT Pursuant to 24 CFR 24, all NSP Countys are required to verify that any /all persons, contractors, consultants, businesses, sub - recipients, etc. that are conducting business with the County, including any city /county or the County itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Verification will be checked through the Excluded Parties Listing System (at website: www.epls.gov). 5�1,1�R CoU� , �4\ ��E CIRC� Page 24 of 35 OR 4825 PG 749 EXHIBIT A-3. Reporting REPORTING SCHEDULE Agreement #NSM02 Report Due Date Frequency # of Copies Remittance Addresses Operating Expense 10 days after the Quarterly 1 Grant Coordinator Actual Expenditure end of the quarter HHVS Reconciliation Activity Report 10 days after the Quarterly 1 Grant Coordinator end of the quarter HHVS Rental Operation 90 days after One time and 1 Grant Coordinator Manual agreement HHVS execution A Annual Audit 180 days -Annually V Grant Coordinator end of fis r HHVS and Grant Compliance Office Capital Needs 30 d s n ly 2 Grant Assessment exec Coordinator, of HHVS there Operating Expense 30 a er nnua y 2 .� Grant Budget executi d 9/1 Coordinator, of ea ear thereafter �� HHVS Capital 30 days Grant Expenditure execution and CjC Coordinator, Schedule of each year HHVS thereafter Performance Data 10 days after the Quarterly 1 Grant end of the quarter Coordinator, HHVS Income 15 days prior to Per Occurrence 1 Grant Certification tenant move in Coordinator, date I HHVS Property Insurance 30 days of Annually 1 Grant Certification issuance Coordinator, HHVS REPORTS (a) Rental Operation Manual to include but not limited to: 1. Plan to maintain the property in a safe and sanitary condition; 2. Plan to contract with qualified independent Subrecipients or contractors for maintenance and repair and for the performance of extraordinary repairs beyond the capability of regular maintenance personnel; Page 25 of 35 OR 4825 PG 750 Agreement #NSP -002 3. Plan to investigate all service requests from tenants and steps that will be taken to ensure prompt action; 4. Plan to ensure water, electric, gas, fuel, oil, sewage, trash disposal, vermin extermination, decoration of common areas, laundry facilities, telephone services, and other necessary service in connection with the property; 5. Acquire and keep in force at the Subrecipients expense all permits that may be required for the operation of the property as rental housing; 6. Plan to maintain tenant files containing copies of leases, certification forms, notices and other documentation required by the County to conform to the NSP regulations; 7. Plan for marketing the property in accordance with Fair Housing and Equal Opportunity Requirements. (b) The Subrecipient shall submit the NSP Subrecipient activity report and shall include the following: NSP -1 RENTAL SUB T ACTIVITY REPORT Cott Date Submitted: ro Activity Reporting Period: Contact Person: Telephone: GENERAL 1. Activity Status or Mileston — ificant actions taken or outcomes achieved during this report ing p 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. RENTAL INFORMATION Complete these tables for those properties rented during this reporting period. Household Data This Reporting Period No. Extremely-Low Income Households 0 -30% AMI No. Ve -Low Income Households 31 -50% AMI No. Low - Income Households 51 -80% AMI No. Moderate - Income Households 81 -120% AM[) No. Female Head of Households TOTAL Page 26 of 35 OR 4825 PG 751 RACE AND ETHNICITY BENEFICIARIES Agreement #NSP -002 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 R CpU� G�l 'f- r� -12,11E Page 27 of 35 1F G OR 4825 PG 752 EXHIBIT A-4. Monitoring DATE: TENANT (S) NAME: PROPERTY ADDRESS: Agreement #NSP -002 SUBRECIPIENT shall submit the following completed form upon rental of each property /room associated with this agreement. SECTION A: PARTICIPANT ELIGIBILITY 1. 2. 3. ere income inclusions and ex c ncome definition and was the o C* ,r ly for the chosen pe o ly? -� ❑ Yes ❑ No ❑ N/A Describe Basis for Conclu ion• Describe Basis for Conclusion: U A v Was household income rted with source d me to ' ❑ ❑ ❑ ,Q Yes No N/A Describe Basis for Conclusi as the person's annual income less than or equal to 120% of the area El El E] edian income (or less than or equal to 50% if the unit was designated for he Low Income set - aside)? Yes No N/A Describe Basis for Conclusion: Prepared By: Telephone: Email: Page 28 of 36 OR 4825 PG 753 EXHIBIT A-5. Income Certification Neighborhood Stabilization Program 1 INSTRUCTIONS Agreement #NSP -002 Submit completed form, including appropriate supporting documentation, to County to obtain approval prior to the rental of a property associated with this agreement to an eligible person or household. Effective Date: A. Household Information 0 rl B. Assets: All Household l�e h, Including M 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 Bb If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0 %) and enter results in B(c), otherwise leave blank. B(c) Page 29 of 35 OR 4825 PG 754 Agreement #NSP -002 E. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or box B(c), above, in box C(e) below) 1 2 3 4 5 g 7 8 Totals (a) (c) (d) (e) Enter total of items (e). This amount is the ated Hous= F. Recipient Statement: The info rm 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. Itwe certify that the statements are true and complete to the best of my /our knowledge and belief and are given under penalty of perjury. G. Required Supporting Documentation (1) Full 3rd Party verification (2) Income determination as evidenced by: Section 8 Annual Income, Census Long Form, IRS 1040 (3) Income for all household members for the upcoming 12 month period WARNING: Florida Statutes 817 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 S. 775.082 and 775.083. Signature of Head of Household Date Page 30 of 35 OR 4825 PG 755 Agreement #NSP -002 Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date H. NSP County Statement: B doh ' ` ' s herein, the family or individual(s) named in Item A of this Certification i ible under the provisions of the NSP. The family or ind' i (s) constitute(s) a: Very-Low In o VLI) hold Bans n individual or family whose annual inco e M I f t e area median income as determined y t .S. Drt in a d Urban Development with adjustments (Maximum In ifrft Limit $ Low - Income ( usehold means . ' ' ual or family whose annual income does not 80 percent of th edian income as determined by the U.S. Departme of evelopment with adjustments for household size. I CIR (Maximum Income Limit $ ). Moderate - income (MOD) Household means and individual or family whose annual income does not exceed 120 percent 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 NSP Administrator or His /Her Designated Representative: Signature Date Printed Name Title I. Household Data Page 31 of 35 OR 4825 PG 756 Agreement #NSP -002 Number of Persons By Race ! Ethnici By A e White Black Hispanic Asian American Indian Other 0-25 26 40 41 61 62+ Special Target! Special Needs Check all that apply) Farm Worker Developmentally Homeless Elderly Other Disabled NOTE: Information concerning the �rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is�l�i��==-hloee rmation he or she desires to do so, and refusal to give such informatio I or she has an occupant. Va� � � , Page 32 of 35 OR 4825 PG 757 EXHIBIT A -6. Performance Report Data GENERAL Agreement ##NSP -002 The County is required to submit to HUD, through the Disaster Recovery Grant Reporting System ('DRGR ") Quarterly Performance Reports ( "QPR "). To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten (10) days of the end of each calendar quarter. 1. OVERALL PROGRESS NARRATIVE Describe overall progress made in operating the NSP. 2. FINANCIAL DATA 3. Provide (a) operating funds Described progress 4. PROPERTY DATA Provide the addres G reporting period. 5. DEMOGRAPHIC DATA fl Provide the following data R Hispanic/Latino (yes /no), (c) Page 33 of 35 al funds expended. r or obligated this C.1 this reporting period: (a) race, (b) (yes /no), and (d) income level. OR 4825 PG 758 Agreement #NSP -002 Exhibit A -7 Operating and Capital Expense /Program Income /Expenditures All use of gross rental income shall conform to the approved annual operating expense plan, capital needs plan /schedule and shall be for eligible costs that must be supported by source documents that describe the basis of the costs incurred, identify the date of expenditure, provide a copy of cancelled check, invoice, payroll ledger /records and any procurement documents, cost price anlaysis. NSP Eligible Costs (a) Soft costs (b) Hard Costs (c) Delivery Costs All services and expenditure and documented by three quotes in writing and conform to this �a The Subrecipient shal and are an operate a ense plan to include but not limited to: ❑Utilities ❑Pest Control o ❑Lawn Maintenanc ❑Property manage s The Subrecipient shat k1lish set -as ide "fr iChy "effective gross income" (any rental monies collected a ly operatin es) that may be used for capital improvements in accordan p d capital needs assessment and replacement schedule. Y It is anticipated that capital expenditures may be necessary over the course of this project and shall be addressed in the annual capital needs assessment and capital replacement reserve. Capital expenditures may include but are not limited to: ❑ Landscaping: tree removal, planting of trees and /or bushes, etc. ❑ Painting: interior and exterior ❑ Pressure washing ❑ Fencing installation and replacement ❑ Flooring ❑ Roofing ❑ Paving driveways and sidewalks ❑ Patio repair and upgrades ❑ Security systems — installation and upgrades ❑ Appliances: replacement schedule determined by HUD ❑ Accessibility: incorporation of universal design elements (wider doors, grab bars, walk - in showers, etc.) Page 34 of 35 * ** OR 4825 PG 759 * ** Agreement #NSP -002 Monthly the Subrecipient shall deduct all approved operating expenses from the gross rents and deduct for the capital reserve account. Any funds, if remaining. shall be returned to the County on quarterly basis. All expenditures and deductions shall be in accordance with the annual approved operating and capital plans submitted and approved by the County. All expenditures are subject to monitoring and onsite review by the County. Page 35 of 35 O CIO Patricia L. Moraan From: ZimmermanSue <SueZimmerman @colliergov.net> Sent: Wednesday, April 17, 2013 12:17 PM To: Patricia L. Morgan; Martha S. Vergara Cc: Mott, Toni; Bigelow, Gary, White, Jennifer Subject: NSP - Recorded Deeds - Conveyances to CASL Attachments: Recorded Deed 1660 41 St to CAASL.pdf, Recorded Deed 2184 Sunshine Blvd to CAASL.pdf, Recorded Deed 5465 Hunter Blvd to CAASL.pdf; Recorded Agreement.pdf Trish and Martha: As previously discussed, attached please find copies of the recorded Statutory Deeds from Collier County to Community Assisted and Supportive Living, Inc. pursuant to the July 24, 2012 Agenda Item 11 H and the Agreement between the County and that entity for the following NSP properties: 1660 41 st Street SW 2184 Sunshine Blvd. 5465 Hunter Blvd. Thank you for your patience and assistance in these matters. Sue Zimmerman, Sr. Property Acquisition Specialist Collier County Real Property Management (239) 252 -2622 Un def Ronda Law, e mail addresses are public rc cored >, 1f you do not want your e -mad address r� ?Ie;ased in response to a public records rceque; t, ctr not send ofe— Ironic snail to th_s entity. 'n to 'td_ Col ntact this office by telephony or in wrifiing.