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Statutory Deed* ** INSTR 4768640 OR 4859 PG 3429 RECORDED 11/30/2012 1:09 PM PAGES DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 10.70 REC 510.00 PROJECT: NSP1 Transfer of Real Property ADDRESS: 527124' Ave SW FOLIO NO: 36309240001 STATUTORY DEED THIS STATUTORY DEED, made this 2t day of November, 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 FOUNDATION FOR THE DEVELOPMENTALLY DISABLED, INC., a Florida non- profit corporation, having its principal office at 5621 Strand Boulevard, Suite 206, Naples, Florida 34110, 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 the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is herby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: The West 53.34 Feet of Lot 19 and the Ecst feet Qf Lot 20, Block 192, GOLDEN GATE, UNIT 6, according to the Plat therer�diip k 5, Pages 124 through 134, Inclusive, of th cars �ounty, Florida. "As Is" without any warranties, prey or im lied, as to the con �tion f the property, together with any nal rein. Property to be conveyed and cc tab ization Program 1, CFDA No. 14.218, Developer Agreement e e Co ie C u a o to for the Developmentally Disabled, Inc., recorded August 10, 201 8 5 a 69 in th lic Records of Collier County, Florida. r v Further, as a condition of this co %an of any s q n eyance or other transfer of rights of this property is required to b County e f Housing, Human and Veterans Services, its successors and asiami Trail E but 211, Naples, Florida 34112. This requirement shall run with the la e conveyance documents for a period of fifteen (15) years from the dat eCj. Subject to easements, restrictions, and reservations 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: April 24, 2012, Agenda Item 11 B ATTEST: Dwight E. Brock, Clerk Dee ty CI OFFICIAL SEAL) Approved as to form and legal sufficiency: Jenn— i Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman PROJECT: NSP1 Transfer of Real Property ADDRESS: 5271 24th Ave SW FOLIO NO: 36309240001 STATUTORY DEED TIIIS STATUTORY DEED, made this Ciiil day of November, 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 FOUNDATION FOR THE DEVELOPMENTALLY DISABLED, INC., a Florida non-profit corporation, having its principal office at 5621 Strand Boulevard, Suite 206, Naples, Florida 34110, 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 the 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, the following described land lying and being in Collier County, Florida: The West 53.34 Feet of Lot 19 and the East 53.32 Feet of Lot 20, Block 192, GOLDEN GATE, UNIT 6, according to the Plat thereof Recorded in Plat Book 5, Pages 124 through 134, inclusive, of the Public Records of Collier County, Florida. As Is"without any warranties, express or implied, as to the condition of the property, together with any personalty located therein. Property to be conveyed and occupied pursuant to Neighborhood Stabilization Program 1, CFDA No. 14.218, Developer Agreement between Collier County and Foundation for the Developmentally Disabled, Inc., recorded August 10, 2012 at OR Book 4825, Page 690 in the Public Records of Collier County, Florida. Further, as a condition of this conveyance, notice of any subsequent conveyance or other transfer of rights of this property is required to be given to Collier County Department of Housing, Human and Veterans Services, its successors and assigns, 3339 Tamiami Trail East, Suite 211, Naples, Florida 34112. This requirement shall run with the land and be contained within all future conveyance documents for a period of fifteen (15) years from the date of this conveyance. Subject to easements, restrictions, and reservations 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: April 24, 2012, Agenda Item 11B ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS . . COLLIER COUNTY, FLORIDA IP. ,,,:::7LL.„..4),___ ct a►I 'I,` � A110 By: oil _ Deb -;. FRED W. COYLE, Chairman (OFFICIAL SEAL) Approved as to form and legal sufficiency: Jenni B. White, Assistant County Attorney INSTR 4727241 OR 4825 PG 690 RECORDED 8/10/2012 9:43 AM PAGES 35 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $299.00 Agreement 44NSP -001 NEIGHBORHOOD STABILIZATION PROGRAM CFDA No. 14.218 SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND Foundation for the Developmentally Disabled, Inc. 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 Foundation for the Developmentally Disabled, Inc. (agreement # NSP -001), a private not - for- profit corporation, existing under the laws of the State of Florida, having its principal office at 5621 Strand Boulevard Suite #206 Naples, Florida (hereinafter called the "Subrecipient") to undertake the Neighborhood Stabilization �Program NSP ") as approved by the Collier County Board of County Commissioners. /1-1 WHEREAS, the Coup Department of Housing and Ur Economic Recovery Act of 20 8 " WHEREAS, the un property located in Collier Co opportunities to benefit low - WHEREAS, the S,i County NSP; and WHEREAS, the Coun obligations of each in undertaking U pplied for an 1 e pment under Title of is*neaded_:rand has NOW, THEREFORE, it is agreed DEFINITIONS funds from the U.S. B of the Housing and rehabilitate certain real xdable rental housing and participation in the Collier /0/ forth the responsibilities and funds; parties hereto, that: 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. Foundation for the Developmentally Disabled, Inc.: 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. H. "HERA" means the NSP found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. Page 1 of 35 OR 4825 PG 691 Agreement #NSP -001 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 from the use of NSP funds, as described in 24 CFR 570.500(a). O. "Subrecipient" means a public or private nonprofit agency, authority, or organization, or for - profit u under 24 CFR 570.201(o), receiving CDBG funds from th 1 brecipient to undertake activities eligible for such as�t rider 24 C 0 Subpart C. OPE OF PROJECT A. Activities Subrecipient sh 11 u e ak a d I e c viti a set forth in Exhibit A to this Agreement, n o 1 including the products to be provided and tFr ervices to be perfo ed, nd ifies the person or entity providing the sery he location of the ie , ipients of the service, and the manner and m the services. B. National Objectives ®� All activities funded with NSP -emu t 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 accordance with Exhibit A -3. Such program will include the following activities eligible under the NSP: Page 2 of 35 OR 4825 PG 692 Agreement gNSP -001 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. Proiect 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 coordinator describing, but not limited to, project expenditures, reconciliation of expenditures to projected expenditures, a summary of gross r nd current project account balance (if any). Subrecip' t ccount structure clearly identifies those expe aid by the those expenditures paid by other so c All expenditures m co form to the allowable cost principl for cal Gov rumen 24 FIR 85.22, Non Profits 24 CFR 8 .27 an FR a for pri ate contractors. Any program incom re pia s r un quarterly. The shall roved by the C shall co to the required federal r tom' ns. i Annual Capital Needs re Schedule, these plans expenditures. The plans its set forth by state and iii. Proiect Re p * �! Subrecipient shall sub . 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. Staffing 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 respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life Page 3 of 35 OR 4825 PG 693 IV. Agre ment #NSP -001 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 performance of Subrecipient against goals and performance standards as stated abov . e hall provide County all necessary reporting information as q it administration and review of the project(s). Substan rmance as by the County will constitute noncompliance wi Agreement. If acts t correct such substandard performance is n to ubrecipi t with a asonable period of time as determined by t C un r b ' g n i ed by ou y, contract suspension or termination pro dur s- w.lt.6�e ' e Activities of the Sub the 1st day of Septe tenants no later than projects are expected completed as described shall start on the 27 ( "Project Penix 13. Given the imi pleted within "E C V. BUDGET y'ember, 2012 and end on must be rented to eligible nse nature of the NSP, all period. Any projects not pture. 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 Mitten 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 694 VI Agreement kNSP -001 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). Subrecipient shall keep all records of the accounts in a manner that is consistent with generally accept u- inciples. All disbursements from the accounts shall be for obligati ance of this Agreement and shall be supported by contract i vouchers, ilk nd other data, as appropriate, evidencing the necessity expenditure. VII. NOTICES Notices required by (postage prepaid), c electronic means (p aforesaid shall be e written communicatii the capacities indical Communication and details contract representatives: County on the date of dig Dr this Agreement v. unless 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 cl Page 5 of 35 and delivered via mail it by facsimile or other ;e delivered or sent as . All notices and other ed to the individuals in ;equent written notice. directed to the following Subrecipient David Glenn, Executive Director Foundation for the Developmentally Disabled, Inc. 5621 Strand Boulevard Suite #206 Naples, Florida 34110 239 - 594 -9007 Fax 239- 594 -9004 david.glenn@fddswn.org OR 4825 PG 695 Acrecmcnt HNSP -001 VIII. REPORTING AND COMPLIANCE A. Reporting Requirements Subrecipient shall submit to County the reports as required by the NSP and HUD, including but not limited to those referenced in Section 111. 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 records as are required by County, including but not limited to, financial report icipant information, program and audit reports. The parties fu r a h quired by County with respect to any questioned costs ing, litiga i r, ute between HUD and County shall be maintained o ime needed for the 'on of any such issue and that in the event of ear to this Agreemen , or i or any other reason County shall require a r iew of or s re to the roj t(s), Subrecipient shall, at its own cost an ex a to re led to the project(s) from its other records of a ti C. Inspections C'1 C" At any time duri mal business hour th ) days prior written notice and as often as may deem nece such a manner as not to interfere unreasona the normal busi erations, Subrecipients shall make available to Cou ,for inati D, and appropriate federal and state agencies or officials, r respect to matters covered by this agreement including, but not cords 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. IX. SPECIAL CONDITIONS A. Allowed Amounts of Rents for NSP Rental Units Page 6 of 35 OR 4825 PG 696 Agreement VNSP -001 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: Up to 25% of all NSP Units leased to persons with incomes below 50% of the Area Median Income. 2. Up to 50% of all NSP Units le 80% of the Area Med' njBe.0 3. Up to 25% of the NS y e 80% and 120% rea Median i. The max 50% of the with incomes between 50% and with incomes between with incomes below (a) The low OhKE e Li i fo h art r hip Program as published b me g and Urban Developmen the cost of any ten t pai u ' ' ; or (b) 30% of th ons income as de in d Subrecipient; or (c) If the Eligi ons receives a s1 e, om the Section 8 Housing Program, the a t Tai roved as re by the Section 8 Housing Authority. TAE CI R� ii. The maximum monthly rent or 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 697 X Agreement -NSP -001 (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 comply with all other applicable Federal, state and local laws, regulations, and p�V�-lk'TMA the activiti es provided under this agreement� i. Gi all for al e�tgYj6d work ctivities authorized full res ility for providing i taking a y fa all necessary workers o BPS otherwise a y for payment of any and e premiums, workers' oldings, social security roll withholdings required n the performance of the nt. Subrecipient accepts ►er safety equipment and guarantee the safety of ii. Prohibition of Gifts.t aG�u ' 1 ees No organization or individual shall offer or give, either erectly 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 698 Agrccmcnt 9NSP -001 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 f�a��+ to commence operation during the suspension � has been corrected to the The !S rbre #o' II remain in pli' nce with all zoning and appli le egU puFsu—a—nTAathe C ier bounty Land Development v. Fede al L w e S br i a t o ply with applicable state and I a . t nd i of the Civil Rights Act of 1964 ended, Title VIII of Civi Ri ct of 1968 as amended, Sectio b) and Section 10 'tl I Housing and Community Develop ct of 1974 as ame DA), Section 504 of the Rehabilita ' of 1973, the Amer' s th Disabilities Act of 1990, the Age Dis tive Order 11063, and Executive 0 - Executive Orders 11375, 11478, 12107 and 12086, a e 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 699 Agreement #NSP -DUI 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. Compliance concernin ase records on- expend policy s can invent ry all vi e each ea. o a� equi me tc. s I r v Agre me t. II g a equi t, re the r ipient after the period. ii. OMB Sta a Unless Subrecipien accordance wit min€ iply with current HUD policy and shall maintain inventory roperty as defined by such p vided herein. A complete gr nt coordinator on July 1 of W ty rog ram income, property, upon termination of this rogram income, property, retained and remain with fifteen year affordability else within this Agreement, the rrials, property, or services in CFR 84.40 -48 or 24 CFR 85.36. iii. Travel Subreciplent 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 700 Agreement #NSP -001 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. Any person who, prior to or after the execution of this Agreement lr personal interest, involuntarily or voluntarily, I it his interest to County in writing. Thereafte , not particip action affecting the work under this A t unless the Coun a rmines that, in light of the perso I in sed, his artici tion in any such action would not be c ntr "pu lici?it eSt. S re 'pient shall adhere to the vii. Envilronrfienlal it t by ci6ientl agrees to comply with all appl a o I ire ar as they apply to the perf ce of this Agreeme incl in not limited to the Clean Air Ac deral Water Poll n ct and the Flood Disaster Prote ct. Subrecipient comply with the Historic Presery uirements of Nati a toric Preservation Act of 1966 and HUD at CFR 570.608 and 24 CFR Part 35, Subp IjF CI? 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 Bonding 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 35 OR 4825 PG 701 Agreement gNSP -001 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. xi. Termination Procedure 1. Termination County may immediately terminate this Agreement by givin n"qt ritten notice of termination to the Subre ' n. `r ing occurrences: ailure of Subrecipie� ulfill in a timely and proper Kefan of its obliga ns nder this Agreement. � ub it timely reports that are ci tai ipie u NSP- assisted properties C"� for the stated p ose in t ' reement. \�.ed. Termination of the ar , D. 2. Effie i0 N " xty (60) days after termination of this A nt shall surrender all reports, documents, r 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 Page 12 of 35 OR 4825 PG 702 XI. Acrecmcnt ONSP -001 Programs; and 24 CFR 570.606 — Displacement, relocation acquisition, and 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. Governing 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 C. All actions regarding this competent subject m agree that venue i . rts is This Agreerr the complete other discoi between the D. Severabilitv be brought exclusively in a court of County, Florida, and the parties rred to herein constitute i supersede any and all either oral or written, Whenever possib provision of this nt shall be interpreted in such manner as to be a li ble law, but if any provision of this Agreement is hel . I invalid under applicable law, such provision shall be ineffective a extent of such prohibition or invalidity, without invalidating the remainder of 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. Page 13 of 35 OR 4825 PG 703 Agrccmcnt #NSP -001 F. Pronouns 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 I shall be assig prior express 1 Costs Associa Each party I Subrecipien Statutory D charges. T i accounts with XII. List of Exhibits cteo or suD-g, of the County. brecipient shall ,hours after the or obligations described herein ,by the Subrecipient without the awn attorney's fees. The ie cost of recording the iter, sewer, and garbage transfer associated utility A. Exhibit A: Project Descrip B. Exhibit A -1: Affordability Requirements C. Exhibit A -2: Grant Agency Requirements D. Exhibit A -3: Reporting E. Exhibit A-4: Monitoring F. Exhibit A -5: Income Certification G. Exhibit A -6: Performance Report Data H. Exhibit A -7: Operating and Capital Expense /Program Income /Expenditures Page 14 of 35 OR 4825 PG 704 Aerecment gNSP -001 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: • C'Mlg t,E: Brock, Clerk of Courts ^.. f } — y• ed; o?Oi xtlia.jis to C Inww �• Reproved at to form and uffi6ency: J / R C(j�� Jenrnfer B. White Assistant County Attorney AV-, 61c Typer1print witness n e V�rt�'n��! Type /print witness name BOARD OF COUNTY COMMISSIONERS COLLIE,R COUNTY, FLORIDA By: W Fred W. Coyle, Chairman 01 c Page 15 of 35 Foundation bled,' Inc. for the OR 4825 PG 705 EXHIBIT A. Project Description A. GENERAL Agreement gNSP -001 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 properties associated with this agreement consists of three 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 borne by Subrecipient. B. ELIGIBLE ACTIVITIES The following activities are eligibl and are more thoroughly described in the NSP Notice. 0 a,' NSP - Eligible Use (B) Purr rehabilitate ho s d residential properties that have been abandon d o fo a order s I, rent, or redevelop such homes and propertie . • 24 CFR 57 .20 a) Ac ui iti n, () p ti ii elocution, and (n) Direct homeowners i i be o 24 C 70.202 eligible re ilitati n r reservation activities for homes esidential propertie O C. ELIGIBLE INCOME LE RENTERS C NSP- assisted property subject tai Geed - a used with respect to individuals and families whose income does note =cent of area median income. However, not less than twenty-five (25) percent of the tenants/ individuals or families may not have an income that exceeds 50 percent of the area median income ( "LH25 Requirement "). D. SCOPE OF SERVICE: (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: 192446 1h Terrace, S.W.; Naples, Florida 34116; Lot 25, Block 23, Golden Gate Unit 2, according to the Plat thereof as recorded in Plat Book 5, Pages 65 to 77, inclusive, of the Public Records of Collier County, Florida 5283 24" Avenue SW, Naples, Florida 34116;The West 26.66 Feet of Lot 20 and All of Lot 21, Block 192, Golden Gate, Unit 6,according to the Plat thereof Recorded in Plat Book 5, Pages 124 through 134, inclusive, of the Public Records of Collier County, Florida 5271 24`h Avenue SW, Naples, Florida 34116; The West 53.34 of Lot 19, and the East 53.32 Feet of Lot 20, Block 192, Golden Gate, Unit 6, according to the plat Page 16 of 35 OR 4825 PG 706 Acrecmcnt »NSP -001 thereof, of record in Plat Book 5, Pages 124 through 134, of Public Records of Collier County, Florida. (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 e iiTibae applicants participate in the program. 3. Intakelassessment of . aJwritten ection Plan will be put in place that establishes eligi i c1 quirements, incom i , procedures for accepting applications and sele in r acting listt and p fer nces, in accordance with all HUD and HIPPA re ulat ns ;- 4. Maintenance of i such as applicant will be maintained 5. Property managem8 of the property, includ untenance: resp ut rc future improveme t r r CIRL Page 17 of 35 case files and records, monthly rent payments, Jed as requested. itation. and maintenance OR 4825 PG 707 EXHIBIT A -1. Affordability Requirements GENERAL Agreement #NSP -001 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 mE applicable period of 15 years, spe 92.254. �0 The affordability requirement for ownership, except that the a ord bili lieu of foreclosure. Collier Co recorded lien, covenant, or ee re tri Subsequent rents during tH with 24 CFR 92.252 (a), (c), RECAPTURE PROVISIONS: \ The recapture provisions will ens housing does not continue to be us does not continue to own the residence for of affordability is 15 years. requirements for not less than the Et 92.252(a), (c), (e), and (f), and 1-I units pi without regard to transfer of ermina u n foreclosure or transfer in da 'lity through the use of a applied in conformance all of the NSP assistance, if the ental property and the Subrecipient of the period of affordability. The period 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 708 Acrccmcnt 9NSP -001 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 an u' ent's Playing by the Rules: A Handbook for CDBG Sub - recipients on0� CIVIL RIGHTS • Title VI - Civil Rights ct 1 • Section 109 - Title 14 Ho sin • Title VIII of the Civil ig s ct, 6P (ra s a a ended. 42 U.S.C. 3601. • Section 504 of the ili ti A t f and e A t ns with Disabilities Act of 1990. • Executive Order 11 Equal Employmen p rtu iIZ) s amended by Executive Order 11375, Parts II ` r`'0 ,, • Executive Order 1106 al Employment Op as amended by Executive Order 12259. • Section 3 of the Housing an a as amended Section 118 of Title I, Community Development and • 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). Page 19 of 35 OR 4825 PG 709 Agreement °NSP -001 • The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., 5401 et. seq., as amended). • 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(8) — 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 ub.-L.94_ -163). LABOR STANDARDS • The Contract Work supplemented by De • The Davis -Bacon A Labor Regulations. • The Davis -Bacon A t • The Copeland "Ant I Labor regulations. OTHER • Conditions prohibiting Vt� R C00 Q� � and Safety Stand 4� as (40 U.S.C. 327 -330) as by Department of by Department of 570.2000)). • The Common Rule 24 CFR 85 — applies if 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. Page 20 of 35 OR 4825 PG 710 Aerccmcnt # \SP -001 o 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. 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 GENERAL 0 The regulations pursuant to itle ousl,n d Co un' y Development Act require applicants to assure throug ce ific at actti ti swill co ducted in accordance with Section 109 of the Act (th no ' ' i c f th Civil Rights Act of 1964, Title VIII of the Civil Rig is t f 6 , n c i d rs 1246 and 11063. These requirements are briefly de c . d el 1. Title VI of Civil Rights A t�f,1968 Nondiscrimina in ny ams or activities receiving Federal financial assistance. n 2. Section 109 of Title I — Housi ommunity Dev a Act of 1974 Nondiscrimination in any program or activity subject No person in the United States shall on the ground of race, color, na t�+,'gi(i,"j� , e excluded from participation in, be denied the benefits of, or be subjected to d►sZnimi ion under any program or activity funded in whole or part under this Title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect 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 Page 21 of 35 OR 4825 PG 711 Agreement #NSP -001 • 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 • 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 F o r Non - discrimination in employment by government contractors and subc ly assisted construction contracts. Non - discrimination in empI y derally asst truction contracts. Parts II and 111 are administered by the Dep of Labor. 7. Section 3 of the Housing nd evnt t o as a en ed and as implemented by HUD regulations at 24 CF Pa th greatest extent feasible, training and employment o po n ie h II b i e to I wer income residents of project areas and that cont cts e w d a si s es ed within the project area or owned in substantial part y r Local government recipients recipients mus gQpi with Section 504 of the Rehabilitation Act of 1973, as a ir' similar to the "Americans with Disability Act" (ADA) which is also a b�tj>✓ 1� ed implementation regulations (24 CFR Part 8) as a final rule on June 2, 1 general requirement is that no otherwise qualified individual with a disability (physical or mental) shall, because a recipient's facilities are inaccessible to or unusable by individuals with disabilities, 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 Page 22 of 35 OR 4825 PG 712 Agreement t'NSP -001 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 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 w- income persons, particularly persons who are recipients of HUD assistan rj� B. The parties to this contrac v to comply with HU ` "st to ulations in 24 CFR part 135, which implement section 3. ev' their execution f th contract, the parties to this contract certify that they ar un r ra t er imp dim nt that would prevent them from complying with the pa 13 rulyti C. The contractor agrees s d o c which the contractor has e1 notice advising the lab o �C anization or or commitments under this se 3 clause, and will places at the work site whe employees and positions can see the notice. "e shall describe minimum number and job titles positions, the qualifications for eat applications for each of the positions; and E i A or p sentative of workers with Flocation r understanding, if any, a tive of the contractor's he notice in conspicuous t raining and employment preference, shall set forth prenticeship and training of the person(s) taking date the work shall begin. D. The contractor agrees to include this section 3 clause 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 subcontractor 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 "s 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. Page 23 of 35 OR 4825 PG 713 Agreement #NSP -001 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 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 ' 'th the covered transaction. Verification will be checked through the Exclude at website: www.eols.gov). CCU OF rKL CIRG�`(S Page 24 of 35 OR 4825 PG 714 EXHIBIT A -3. Reporting REPORTING SCHEDULE Agreement ONSP -001 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 0K, elV0( A 1 Grant Coordinator end of the T * V HHVS Rental Operation 90 day r One time an Grant Coordinator Manual agreem nt en updated HHVS execut' n Annual Audit 180 ay a 2 Grant Coordinator end o fis a HHVS and Grant Compliance Office Capital Needs 30 Grant Assessment execu 'tiff nd 9/1 Coordinator, of e 1�+, year Q HHVS thereaft Operating Expense 30 day Annually Grant Budget execution a Coordinator, Of each yjE CC HHVS thereafter -- Capital 30 days after Annually 2 Grant Expenditure execution and 9/1 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 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; Page 25 of 35 OR 4825 PG 715 Aereement NSP -001 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; 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 t activity report and shall include the following: NSP -1 REl4'K "UBRECIPIENT Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: 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. 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. Very-Low Income Households 31 -50% AMI No. Low - Income Households 51 -80% AMI No. Moderate - Income Households 81 -120% AMI Page 26 of 35 OR 4825 PG 716 TOTAL Head of Households RACE AND ETHNICITY BENEFICIARIES Acreement NNSP -001 Race Total No. Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pack Islander American Indian /Alaska Native and White Asian and White Black/African American and White American Indian /Alaskan Native and n Other Multi - Racial TOTAL Cam" G Page 27 of 35 OR 4825 PG 717 EXHIBIT A-4. Monitoring DATE: TENANT (S) NAME: PROPERTY ADDRESS: Acrccmcni #NSP -001 SUBRECIPIENT shall submit the following completed form upon rental of each property /room associated with this agreement. SECTION A: PARTICIPANT ELIG ®R co Were income inclusions d lied o ectly r th chosen [] income definition and w th cal p or d orrect ? Yes No N/A Describe Basis for Conclusion: Yes No N/A Describe Basis for Con lusi 2. 1� I k ) lln- � / 3. Was household income supith source docum io E Cl El 0 Q 711, Yes No N/A Describe Basis for Conclusion: Was the person's annual income less than or equal to 120% of the area 0 D El median 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 35 OR 4825 PG 718 EXHIBIT A -5. Income Certification Neighborhood Stabilization Program 1 INSTRUCTIONS Agreement 4 \SP -041 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: L� x C ® h , A. Household Information Member Names I aschotcj-Members I `Relationship Age 4 E7 B. Assets: All Household 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 Page 29 of 35 OR 4825 PG 719 Agreement 4NSP -001 specked by HUD (applicable rate 2.0 %) and enter results in B(c), otherwise leave blank. Bc E. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses,and Q overtime ) (Enter the 1 greater of 2 box B(b) or box B(c), above, in box C(e) below) 3 4 5 6 1 lit 7 8 (a) (b) (d) (e) Totals Enter total of items C(a) thro This amount is the Annual Anti F. 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. G. Required Supporting Documentation (1) Full 3rd Party verification (2) Income determination as evidenced by: Section 8 Annual Income, Census tong 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. Page 30 of 35 OR 4825 PG 720 Agreement fiNSP -001 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 H. NSP County Staten named in Item A of NSP. The family or Very-Low I annual into determined adjustments (Maximum li R CO ed on the repress Low - Income (LI income does not ex E the U.S. Department o household size. (Maximum Income Limit $ YRstiW(s) a: \ the family or individual(s) der the provisions of the Flo s a n9,! n in ividual or family whose e 5 pert nt of area median income as M f H Urban Development with size. �o cold means a iii dual or family whose annual median income as determined by Development with adjustments for 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 Page 31 of 35 OR 4825 PG 721 I. Household Data Agreement »`SP -001 Number of Persons By Race t Ethnicitt Farm Worker B A e White Black Hispanic Asian Indian American Other 0-25 26 6 — 1 40 41— 61 62+ Special Target I Special Needs (Check all that a I Farm Worker Developmentally Homeless Elderly Other Disabled NOTE: Information cor statistical use only. No and refusal to give such or ethnicity ad to give such IE C.IR L Page 32 of 35 :' cupants is being gathered for a ' n he or she desires to do so, he r s has an occupant. �Jo� OR 4825 PG 722 EXHIBIT A -6. Performance Report Data GENERAL Agrccment #NSP -001 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 ' i 5�• 2. FINANCIAL DATA 0�'� Provide (a) operating nd fiend and (b) capital r 3. ACTIVITY PROGR S T NJ Described progress a ith nt Oct* i 4. PROPERTY DATA \' Provide the address property where E-+ expended or obligated this reporting period. 5. DEMOGRAPHIC DATA �. cjRt-'�� Provide the following data for each household assisted this reporting period: (a) race, (b) Hispanic/Latino (yes /no), (c) female head of household (yes /no), and (d) income level. Page 33 of 35 OR 4825 PG 723 Agreement #NSP -001 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 ��,� � �C'0 All services and expe ditu a supported an doc mented by three quotes in writing and conform t thi ag t. The Subrecipient s II n all rp�re a in x en plan to include but not limited to: (,1j Utilities (7), - Pest Control C' -Lawn Maintenance -" Property managemen s The Subrecipient shall estab Ta any "effective gross income" (any rental monies collected above mont g expenses) that may be used for capital improvements in accordance with annually approved capital needs assessment and replacement schedule. 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 Page 34 of 35 * ** OR 4825 PG 724 * ** Agreement 4NSP -001 Accessibility: incorporation of universal design elements (wider doors, grab bars, walk - in showers, etc.) 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. �f �i i �-Ec Page 35 of 35 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 Conveyances to FFDD - Recorded Deeds Attachments: Recorded Agreement.pdf; Recorded FFDD Deed 1924 46th Terr SW.pdf, Recorded Statutory Deed 527124th Ave SW.pdf, Recorded Statutory Deed 5283 24th Ave SW.pdf Trish and Martha: As previously discussed, attached please find copies of the recorded Statutory Deeds from Collier County to Foundation for the Developmentally Disabled, 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: 1924 46th Terr SW 5271 24th Ave SW 5283 24th Ave SW Thank you for your patience and assistance in these matters. Sue Zimmerman, Sr. Property Acquisition Specialist Collier County Real Property Management (239) 252 -2622 Under it iorida Law, e -rnaif addresses are public ror,ords. it you do not want your e -rna.t address released in response to a public records request, do not send e!ectronic n ,,ari to this entity. instead, contact this office by telephone Of in wrifing.