Statutory Deed* ** INSTR 4768639 OR 4859 PG 3428 RECORDED 11/30/2012 1:09 PM PAGES 1 * **
DWIGHT E. BROCK, CLERK. OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC @.70 $0.70 REC $10.00
PROJECT: NSP1 Transfer of Real Property
ADDRESS: 5283 24' Ave SW
FOLIO NO: 36309320002
STATUTORY DEED
THIS STATUTORY DEED, made this q41 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 26.66 Feet of Lot 20 an
according to the Plat there
Inclusive, of t ecords o
�J
"As Is" without any warranties, pre , as to the
Property to be conveyed and
14.218, Developer Agreement
Inc., recorded August 10, 20'
Florida.
k 192, GOLDEN GATE, UNIT 6,
i�sc 5, Pages 124 through 134,
V4punty, Florida.
the property, together with any
ion Program 1, CFDA No.
Developmentally Disabled,
Records of Collier County,
Further, as a condition of this co Nthis otice of any s eyance or other transfer of rights
of this property is required to bollier County De r f Housing, Human and Veterans
Services, its successors and asamiami Trail �u' 211, Naples, Florida 34112. This
requirement shall run with the la a conveyance documents for a period
of fifteen (15) years from the dat ec i.
Subject to easeme nts, 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::
..'
��'
Cl
(OFFICIAL SEAL)
Approved as to form
and legal sufficiency:
Jenrfifer B. White,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
PROJECT: NSP1 Transfer of Real Property _
ADDRESS: 5283 24`"Ave SW
FOLIO NO: 36309320002
STATUTORY DEED
TIIIS STATUTORY DEED, made this CIA 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 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.
"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, Cigrl . BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
•
, Depu FRED W. COYLE, Chairman
(OFFICIAL SEAL)
Approved as to form
and legal sufficiency:
Jennifer B. White,
Assistant County Attorney
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 Horida L_aw, e -mail addresses are Public records. It you do riot want your e -mad address released in response to a public records request, do not send �
electronic mail to this entity. Instead, contact this office by telephone or- €rr writing.
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
Aerrcmcnt gNSP -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 Pro "NSP ") as approved by the Collier County
Board of County Commissioners.< C rl
WHEREAS, the Co
Department of Housing and Ur
Economic Recovery Act of 200
WHEREAS, the C
property located in Collier
opportunities to benefit low-
WHEREAS, the Si d
County NSP; and O
WHEREAS, the Count
obligations of each in undertaking
plied for an
r' le of
ment under' of
,a..,..A
has
NOW, THEREFORE, it is agreed
DEFINITIONS
funds from the U.S.
B of the Housing and
rehabilitate certain real
ordable rental housing
and
participation in the Collier
/0
C
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
Acrccmcni #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(0), receiving
CDBG funds from th i brecipient to undertake activities
eligible for such as , nder 24 C 0 Subpart C.
A. Activities
Subrecipient sh II u e tak a d I e c viti a set forth in Exhibit A to
this Agreement, n o i ' including the products to
be provided and err' ervices to be perfo ed, nd des 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 NS ust 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
Agrccmcnt #NSP -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 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 form to the allowable cost
principl for cal Gov rumen 24 CFIR 85.22, Non Profits 24
CFR 8 .27 an FIR a ? for pn ate contractors. Any program
incom re qWfR sl} ;� r un quarterly.
The
shall &WNons. ed by the C.
shall co the required
federal
a Annual Capital Needs
e Schedule, these plans
expenditures. The plans
nts set forth by state and
iii. Proiect Rep R��
E CI
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.
V.
Agreement #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 tp hall provide County all necessary
reporting information as q it administration and review of the
project(s). Substan aQo 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 , b i�g n i ed by ou y, contract suspension or
m6&
termination pro d s be ' e -�
Activities of the Sub
the 1st day of Septerr
tenants no later than I
projects are expectec
completed as describe
BUDGET
nt shall start on the st d y tember, 2012 and end on
027 ( "Project Peru o must be rented to eligible
013. Given the imm e{`r onse nature of the NSP, all
I t pleted within ct period. Any projects not
�d m capture.
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 694
VI
VII.
Agreement gNSP -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 kinciples. All disbursements from the
accounts shall be for obligati inky ante of this Agreement and shall
be supported by contract i , vouchers, nd other data, as appropriate,
evidencing the necessity expenditure.
NOTICES
Notices required by
(postage prepaid), c
electronic means (p
aforesaid shall be e
written communicati
the capacities indica
Communication and details
contract representatives:
County
on the date of A
�r this Agreement<
% 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
CI
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
>eauent 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 @fddswfl.org
OR 4825 PG 695
Aereement #NSP -001
VIII. REPORTING AND COMPLIANCE
A. Reportinq 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 records as are required by County, including but
not limited to, financial report icipant information, program and audit
reports. The parties fu r a Fb quired by County with respect to
any questioned costs tying, litiga r, ute between HUD and County
shall be maintained ime needed for the ' n of any such issue and that
in the event of ear ter this Agreemen , or i or any other reason County
shall require a r iew of ors re to the roj t(s), Subrecipient shall, at
its own cost an ex a to re ted to the project(s) from
its other records of a ti
C. Inspections t
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 Co u br inati D, and appropriate federal and
state agencies or officials, rroq respect to matters covered by this
agreement including, but not ecords 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
Aerccmcnt ;V\SP -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
80% of the Area Med'
3. Up to 25% of the NS
80% and 120% r
i. The maxim
50% of the At
(a) The low
published b
Co
Median In
ns with incomes between 50% and
with incomes between
with incomes below
hip Program as
q and Urban
Developmen Te 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 sons receives a s1 om the Section 8 Housing
Program, the a t rr�i� roved as re by the Section 8 Housing
Authority.
ITiE
ii. The maximum monthly rent of r 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 ENSP -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 po' 'oree . the activities provided under this
agreement. �� _ �U(%A
B.
all
withh for al kiKsn
work authorized
full re r providing i
takinl necessary
workotherwise a
ty for payment of any and
.e premiums, workers'
oldings, social security
roll withholdings required
in the performance of the
ant. Subrecipient accepts
Der safety equipment and
guarantee the safety of
ii. Prohibition of Ge -emu ' l WnWees 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 8035
OR 4825 PG 698
Agrccmcnt #NSP -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 furth a to commence operation during the
suspension I t i n has been corrected to the
satisfactio t unty.
The S re ' ' II remain in pli nce with all zoning and
appli le g pursuan the C ier ounty Land Development
Code --A
v. Fede al LAwd e S br ip 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 1 b) and Section 109 '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 Or de 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
Acrccmcnt #NSP -001
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
concemin a
ase
records o
on- expend
P olicy s cur(
invent
omply with current HUD policy
and shall maintain inventory
roperty as defined by such
fun p vided herein. A complete
Dunt gr nt coordinator on July 1 of
d rogram income, property,
e ty upon termination of this
p nd rogram income, property,
a retained and remain with
ti o fifteen year affordability
9fise within this Agreement, the
als, property, or services in
CFR 84.40 -48 or 24 CFR 85.35.
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 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 it "aF1 personal interest, involuntarily or
voluntarily, I i 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 eeartici tion in any such action would not
be c ntr the public i St. S re 'oient shall adhere to the
vii. Envi on en al it t b` ci i n agrees to comply with all
apps a o ire ar as they apply to the
pert ce of this Agreeme incl in not limited to the Clean Air
Act, t deral Water Poll n ct and the Flood Disaster
Prote ct. Subrecipient comply with the Historic
Presery uirements of Nati toric Preservation Act of 1966
and HUD ed taint at CFR 570.608 and 24 CFR
Part 35, Subp FjE CjRi
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.
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 giving n written notice of termination to the
Subre ' retn �`r ) ing occurrences:
of Subrecipie uIfill in a timely and proper
any of its obliga ns knder this Agreement.
timely reports that are
Ci � "s dibc�i�piea u�� NSP- assisted properties
'l", for the stated a ose in t ' reement.
Termination of the' D.
2. Effey t i ixty (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
Agreement NNSP -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 a
This Are em nt
the complete un
other discu sio
between the r
a
D. Severability
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 1' ble law, but if any provision of
this Agreement is hel ��, 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 4NSP -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 Ag
shall be assign
prior express wl
Each party
Statutory
charges.
accounts
XII. List of Exhibits
S' or obligations described herein
,ted or su by the Subrecipient without the
of the County.
)recipient shall b espo si
lours after the day o n .c
wn 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
Acrccmcnt �INSP -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:
� DwIg t•E: Brock, Clerk of Courts
y:
ed 0?01 i�
".;. �tIis to Chi trow
Approved.at to form and
`l ::)ergal-,!0ficiency:
J
Jenrnfer B. White 0'
Assistant County Attorney �/
I (' l c,4'-
Typelprint
BOARD OF COUNTY COMMISSIONERS
COLLI C LINTY, FLORIDA
By: W
Fred W. Coyle, Chairman
CqU
)IM
Foundation for the
sa %bI d,'Inc.
0
�j�E—'
Type /print witness name
Page 15 of 35
OR 4825 PG 705
EXHIBIT A. Project Description
A. GENERAL
ngrccmcnt xNSP -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 elig
in the NSP Notice.
�o
NSP - Eligible Use (B)
have been abandon
homes and propertie
• 24 CFR 57 .;
homeowners
o 24 C
homes
C. ELIGIBLE INCOME L
.202
ntial
rehabili%hfo
are more thoroughly described
a d residential properties that
s I, rent, or redevelop such
i) e
location, , and (n) Direct
reservation activities for
C/
NSP- assisted property subject t t';f �rcent a used with respect to individuals
and families whose income does note 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:
1. 1924 46" 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
2. 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
3. 5271 24th 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
Agreement #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 ens VVff;W1;;#9e applicants participate in the program.
3. Intake /assessment of
that establishes eligi
applications and sele
HUD and HIPPA re_ ul
4. Maintenance of c se
such as applicant i foi
will be maintained a
S. Property man,
of the property,
i' a written
irements,
ce:
` Plan will be put in place
procedures for accepting
annces, in accordance with all
i-kfiut ure improvemerwt?345A
�E CIR
Page 17 of 35
ry case files and records,
d monthly rent payments,
vided as requested.
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. (�
C
The affordability requirement for
ownership, except that the a ord bili
lieu of foreclosure. Collier Co
recorded lien, covenant, or ee re to
Subsequent rents during III
with 24 CFR 92.252 (a), (c),
RECAPTURE PROVISIONS: r\
The recapture provisions will ens
housing does not continue to be us
does not continue to own the residence
of affordability is 15 years.
requirements for not less than the
it 92.252(a), (c), (e), and (f), and
units pi without regard to transfer of
�e� rmina u n foreclosure or transfer in
z da 'lity through the use of a
applied in conformance
'�./UCH
,,:'� 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
EXHIBIT A -2. Grant Agency Requirements
Acre ment ONSP -001
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 lit a 6-' ent's Playing by the Rules A Handbook
for CDBG Sub - recipients on rtyr�'
1
CIVIL RIGHTS C
• Title VI - Civil Rights ct 1
• Section 109 - Title 14 Ho sin
• Title VIII of the Civil ig s ct, 96P (Fa s a a ended. 42 U.S.C. 3601.
• Section 504 of the iii ti A t f and e A ns with Disabilities Act of
1990.
• Executive Order 11 Equal Employmen p rtu i� s amended by Executive
Order 11375, Parts II d
• Executive Order 1106 al Employment Op as amended by Executive
Order 12259. 0
• Section 3 of the Housing an ey2 (ifi 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 ANSP -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(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 (P_ub_LJ94 -163).
LABOR STANDARDS 0x �Q�
• The Contract Work out`'} and Safety Standar �AA (40 U.S.C. 327 -330) as
supplemented by De art n f ab , S.
• The Davis -Bacon A t ( U.S.C. to a- ), as s ppl mented by Department of
Labor Regulations.
• The Davis -Bacon A t (4 U S.0 5 1
• The Copeland "Ant r; 874 a s mented by Department of
Labor regulations. C
OTHER
• Conditions prohibiting inh ous ac ' ' ; ('$ FR 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
Al
GENERAL /C9�'�I'
The regulations pursuant to/title4 to/title ousin d Co un y Development Act require
applicants to assure throug ce ifi at acti ti s will 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 ci d el
1. Title VI of Civil Rights A ] 1968 Nondiscrimina in ny ams or activities receiving
Federal financial assistance. / T�
2. Section 109 of Title I — Housl ommunity Deve 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 ' tngE a excluded from participation in, be
denied the benefits of, or be subjected to dis 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 Vill 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 4NSP -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 Non - discrimination in employment by
government contractors and subco ctQ' ly assisted construction contracts.
Non - discrimination in employme ederally asst truction contracts. Parts II and
III are administered by the Dep of Labor.
7. Section 3 of the Housing nd ev nt t o as a en ed and as implemented by
HUD regulations at 24 CF P 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 cunt cts e w d a si s es ed within the project area
or owned in substantial part y r ,.,,,,
JLV I IVIY Ov-t FNLZ%A V I RCIVICI I 9O
Local government recipients recipients zus � with Section 504 of the
Rehabilitation Act of 1973, as a similar to the "Americans with
Disability Act" (ADA) which is also a I{L7 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 *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�� rr
B. The parties to this contrac to comply with HU �stte ulations in 24 CFR part 135,
which implement section 3. e their execution f th contract, the parties to this
contract certify that they are un r ractua o_ t er imp dim nt that would prevent them
from complying with the pa 13 SBguiyti ,
C. The contractor agrees s � 1=9 r -
which the contractor has c e,
notice advising the lab o anization or wor
commitments under this se 3 clause, and will
places at the work site whe employees and
positions can see the notice a shall describe
minimum number and job titles r
positions, the qualifications for ea tji>
applications for each of the positions; and ipale
1 ri or p sentative of workers with
Flocation r understanding, if any, a
tive of the contractor's
he notice in conspicuous
training 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 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 "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 Exclud ? at website: www.epls.gov).
Gar''
�C�coo F
rNE CIRG
Page 24 of 35
OR 4825 PG 714
EXHIBIT A -3. Reporting
REPORTING SCHEDULE
Acreement �NSP -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
i�tj
1
Grant Coordinator
end of the
HHVS
Rental Operation
90 day r
One time an
Grant Coordinator
Manual
agreem nt
en updated
HHVS
exec It' n
Annual Audit
180 a
a
2
Grant Coordinator
end o
HHVS and Grant
Compliance Office
Capital Needs
30
Grant
Assessment
execu ' nd 9/1
Coordinator,
of e year
O
HHVS
thereaft
Operating Expense
30 day
Annually
Grant
Budget
execution a f
Coordinator,
of each y
E C,
HHVS
re
theafter
Capital
30 days after
Annually
2
Grant
Expenditure
execution and 911
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
Acre ment iiNSP -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 u t activity report and shall include the
following: �, __ A
NSP -7
Date Submitted:
Activity Reporting Period: _
Contact Person:
Telephone: Email: �' Q
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
rting 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
RACE AND ETHNICITY BENEFICIARIES
Acreement #NSP -001
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 n
Other Multi - Racial
TOTAL
nCCCOU
r� CIRC
Page 27 of 35
OR 4825 PG 717
EXHIBIT A-4. Monitoring
DATE:
TENANT (S) NAME:
PROPERTY ADDRESS:
Acrccmcnt ONSP -001
SUBRECIPIENT shall submit the following completed form upon rental of each property /room
associated with this agreement. ��---
SECTION A: PARTICIPANT ELIGL®iLkT 16
Were income inclusions nd �gglied o ectly r th chosen
1:1 El �
No N/A
income definition and w th ca�l� p orm d orrect ?
he Low Income set - aside)?
Yes No N/A
Describe Basis for Con
lusi
2. \�6\ 1�_ ) /� /
3.
Was household income sup Tith o
1:1 El �
No N/A
Describe Basis for Conclusion:
Was the person's annual income less than or equal to 120% of the area
El 0 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 #\SP -001
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
r N
N� K"�
Member Names All Yc!!! �Members iRelaXonship I Age
4
B. Assets: All Household Mem
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
Aercemcnt "NSP -001
specified by HUD (applicable rate 2.0 %) and enter results in B(c),
otherwise leave blank.
B(c)
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,
commissions,
Asset
bonuses,and
CQ
Income
overtime
1
(Enter the
greater of
2
box B(b) or
box B(c),
above, in
box C(e)
below)
3
4
5
g
7
8
(a)
(b)
(d)
(e)
Totals
Enter total of items C(a) thro
This amount is the Annual Ant come.
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 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.
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 inco
determined
adjustments
(Maximum Ir
�ed o�reDresent�aZ
size.
, the family or individual(s)
ider the provisions of the
tinp In ividual or family whose
of area median income as
t
Urban Development with
W, J
Low - Income (LI �oldme�ansa rfisi' dual or family whose annual
income does not ex median income as determined by
the U.S. Department o aDevelopment with adjustments for
household size.
(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
Page 31 of 35
OR 4825 PG 721
I. Household Data
Agreement °'NS11-001
Number of Persons
By Race I Ethnic!
I By A e
White
Black
Hispanic
Asian
American
Indian
Other
0-25
26 —
40
41—
61
62+
Special Target I Special Needs
Check all that apply)
Farm Worker
Developmentally
Disabled
Homeless
Elderly
Other
NOTE: Information cor
statistical use only. No
and refusal to give such
or ethnicity o�
-d to give such
a
�€ cupants is being gathered for
a ' n he or she desires to do so,
he r s has an occupant.
�ae
Page 32 of 35
OR 4825 PG 722
EXHIBIT A -6. Performance Report Data
Agreement #NSP -001
GENERAL
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 ' 1i SP.
2. FINANCIAL DATA
�J
Provide (a) operating nd and (b) capital nds xpended.
3.
Described progress a ith c nt661 Act* i
4. PROPERTY DATA C"'
Provide the address I property where expended or obligated this
reporting period.
5. DEMOGRAPHIC DATA T C
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 ONSP -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
All services and ex
writing and conform
The Subrecipient s II
limited to:
- Utilities
-Pest Control
-'Lawn Maintenance
Property managemen
GotitlEx cOCT �
nted by three quotes in
plan to include but not
The Subrecipient shall es tab �a 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 * **
Agrcement 9NSP -001
-I 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.
�ti1�,R CpU\
G�
H
-o
czR�
Page 35 of 35