Agenda 04/26/2016 Item #16D 2 4/26/2016 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve the First Amendment to the Subrecipient Agreement with
Community Assisted and Supported Living, Inc. to clarify tenant income limits and affordable
rental requirements.
OBJECTIVE: To sustain affordable housing opportunities in Collier County for low-income persons.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provided
Neighborhood Stabilization Program(NSP)funds to address program-specific needs in the community.
On July 24, 2012, the Board approved an NSP Subrecipient Agreement with Community Assisted and
Supported Living,Inc. (CASL) (Agenda item 11H). The agreement identifies guidelines for management
of NSP-acquired properties.
The NSP program requires that rental beneficiaries served are at or below 50% of the Area Median
Income, using the Fair Market Rent income guidelines published by the U.S. Housing and Urban
Development. This amendment removes language that is inconsistent with this requirement. The
program has been operated in compliance with the regulations.
The amendment is consistent with the NSP Action Plan, does not change the scope of the project and is
allowable under the grant. The amendment will not increase or decrease the amount of grant funds or
impact the budget for this project.
FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal
impact. Funding for the project was previously provided under the HUD NSP-1 Program within Urban
Improvement Grants Fund 121,NSP1 Project 33050.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: This project furthers the Goals, Objectives, and Policies of the
Housing Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves the First Amendment to
the Subrecipient Agreement with CASL authorizing the Chair to sign.
Prepared By: Lisa Oien, Grant Coordinator; Community and Human Services
Attachments:
1) CASL First Amendment NSP
2) CASL Subrecipient Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to approve the First Amendment to the Subrecipient
Agreement with Community Assisted and Supported Living, Inc. to clarify tenant income limits
and affordable rental requirements.This item has no new fiscal impact.
Meeting Date: 4/26/2016
Prepared By
Name: OienLisa
Title: Grants Coordinator,Community&Human Services
3/22/2016 8:48:32 AM
Submitted by
Title: Grants Coordinator,Community&Human Services
Name: OienLisa
3/22/2016 8:48:33 AM
Approved By
Name: GrantKimberley
Title:Division Director-Cmnty&Human Svc, Community&Human Services
Date: 3/25/2016 3:34:53 PM
Name: LopezMaggie
Title: Supervisor-Accounting,Community&Human Services
Date: 3/29/2016 4:34:10 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 4/5/2016 11:14:20 AM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 4/7/2016 2:36:54 PM
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Name: SonntagKristi
Title: Manager-Federal/State Grants Operation,Community&Human Services
Date: 4/12/2016 10:52:52 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 4/12/2016 11:30:00 AM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 4/12/2016 1:19:28 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 4/12/2016 3:14:58 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 4/14/2016 12:40:53 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2016 4:38:07 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/17/2016 11:29:36 AM
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NEIGHBORHOOD STABILIZATION PROGRAM(NSP)
CFDA No. 14.218
FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN
COLLIER COUNTY
AND
Community Assisted and Supportive Living,Inc. dlbia Renaissance Manor
This Amendment is entered into this day of 2016 by and
between Community Assisted and Supportive Living, Inc. d/b/a Renaissance Manor, hereinafter
referred to as "SUBRECIPIENT" and Collier County, Florida, hereinafter to be referred to as
"COUNTY". Collectively stated as the"Parties."
RECITALS
WHEREAS, the County has applied for and been awarded funds from the U.S.
Department of Housing and Urban Development under Title Ill of Division B of the Housing and
Economic Recovery Act of 2008"HERA,"as amended; and
WHEREAS, the County has used NSP funds to acquire and rehabilitate certain real
property located in Collier County for the purpose of providing affordable rental housing
opportunities to benefit low- and moderate-income persons and families; and
WHEREAS, the Subrecipient has submitted a Proposal for participation in the Collier
County NSP; and
WHEREAS, on July 24, 2012, the County and Subrecipient executed a Subrecipient
Agreement defining the responsibilities and obligations of each in undertaking the NSP and in
utilizing such funds;
WHEREAS, the Parties desire to amend the agreement to update County's contact
information and clarify tenant income limits and allowable rents;
Words Stritek4hcough are deleted;Words Underlined are added
VII. NOTICES
[16-GRC-00474/124517511)
First Amendment
Community Assisted and Supportive Living Inc.
NSP-002
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Notices required by this Agreement shall be made in writing and delivered via mail
(postage prepaid), commercial courier, and personal delivery or sent by facsimile or
other electronic means (provided that receipt is confirmed). Any notice delivered or sent
as aforesaid shall be effective on the date of delivery or sending. All notices and other
written communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following
contract representatives:
County Subrecipient
Scott Eller, CEO
Lisa Oien, Grants Coordinator
Collier County Government Community Assisted Supportive
Living, Inc. d/b/a Renaissance Manor
3339 East Tamiami Trail Suite 211 1401 16th Street
Naples, Fl 34112 Sarasota, Florida 34236
239-252-2336•-6141 941-955-0708
Fax 239-252-2638 Fax 941-366-0033
scott.el ler@ rena issancemanor.orq
LisaoienCaacolliergov.net
IX. SPECIAL CONDITIONS
A. Allowed Amounts of Rents for NSP Rental Units
All NSP Properties must be rented to Eligible Persons with incomes less than or
equal to 50% to-4.20% of the Area Median Income. The Subrecipient shall make
every effort to rent to persons at or below 50% of the
Area Median Income. - - _ - •• •- _ _ - - _ _-•. _ -
i0 = • - -• _. 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.
[16•GRC-00474/1245175/1]
First Amendment
Community Assisted and Supportive Living Inc.
NSP-002
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The goal for all NSP rental properties will be as follows:
1. Up to 25°l0 100% of all NSP Units will be leased to persons with incomes at or below
50%of the Area Median Income.
- e•. - _ • - - =--_ _ - - - _• -_• __ .•
0
i. The maximum monthly rent for units leased to persons with incomes below
50% of the Area Median Income will be the-higher-ef:
(a) The Fair Market Rent as published by the United States Department of•
Mousing and Urban !_ : = e _
Author*
Authocity-
e•. - - !, . : • _- _- - •• .: •_ - - - -
y
Authorit .
116-GRC•00474/1245175/11
First Amendment
Community Assisted and Supportive Living Inc.
NSP-002
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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: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
, Deputy Clark DONNA FIALA, CHAIRMAN
COMMUNITY ASSISTED AND
Dated: SUPPORTIVE LIVING, INC. d/b/a
(SEAL) RENAISS•N M NOR
�1
By: //
S ,, ' I -r, CEO
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney O-' tip\\
[16-GRC-00474/1245175/13
First Amendment
Community Assisted and Supportive Living Inc.
NSP-002
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INSTR 4727242 OR 4825 PG 725
RECOR :4
DINGHY DED E. BROCK8/10/2012, CLERK 93 OF AM THE PAGES CIRC35 UIT COURT
COLLIER COUNTY FLORIDA Agreement#NSP-002
REC$299.00
NEIGHBORHOOD STABILIZATION PROGRAM
CFDA No. 14.218
SUBRECIPIENT AGREEMENT BETWEEN
COLLIER COUNTY
AND
Community Assisted and Supportive Living, Inc. d/b/a Renaissance Manor
THIS AGREEMENT, made and entered into on this 24th day of July, 2012, by and between
Collier County, a political subdivision of the State of Florida (hereinafter called the "County"),
and Community Assisted and Supportive Living, Inc. d/b/a Renaissance Manor (agreement #
NSP-002), a private not-for-profit corporation, existing under the laws of the State of Florida,
having its principal office at 1401 16TH Street Sarasota, Florida (hereinafter called the
"Subrecipient") to undertake the Neighborhood Stabilization Program ("NSP") as approved by
the Collier County Board of County Commissioners.
WHEREAS, the County has applied for and been awarded funds from the U.S.
Department of Housing and Urban Development under Title III of Division B of the Housing and
Economic Recovery Act of 2008 "HERA," as amended; and
WHEREAS, the County has used NSP funds to acquire and rehabilitate certain real
property located in Collier County for the purpose of providing affordable rental housing
opportunities to benefit low- and moderate-income persons and families; and
WHEREAS, the Subrecipient has submitted a Proposal for participation in the Collier
County NSP; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the NSP and in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto, that:
!. DEFINITIONS
A. "CDBG" means the Community Development Block Grant program.
B. "CDBG Act" means the Housing and Community Development Act of 1974, Pub.
L. No. 93-383, as amended. Unless otherwise noted in HERA, as amended, and
the alternatives in the NSP Notices, NSP is governed by the CDBG regulations.
C. "CDBG Funds" means the definition at 24 CFR 570.3.
D. "Eligible Costs" means costs of activities that are incurred in connection with any
activity which is eligible under HERA and Section 105A of Title I of the CDBG
Act, and conform to all NSP requirements.
E. "Environmental Requirements" means the requirements described in 24 CFR
Part 58.
F. Community Assisted and Supportive Living, Inc. d/b/a Renaissance Manor
hereinafter referred to as the Subrecipient.
G. Grant Coordinator: Designated HHVS representative who is responsible for the
enforcement of the terms and conditions of the agreement.
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H. "HERA" means the NSP found in Title III of Division B of the Housing and
Economic Recovery Act of 2008, as amended.
I. Housing Human and Veteran Services (HHVS): A department within the Public
Services division within Collier County Government.
J. "HUD" means the U.S. Department of Housing and Urban Development.
K. "LMMI" is the HUD-defined term incorporating households with eligible incomes
(at or below 120 percent of the area median income, based on household size
and metropolitan statistical area), including low-, moderate-, and middle-income,
in referring to the national objective of the CDBG program.
L. "NSP Notice" refers to the alternative requirements for the NSP issued by HUD
in the Federal Register on October 19, 2010, Docket No. FR-5447-N-01.
M. "NSP Funds" means those funds provide to, or generated by, the activities
contemplated in this Agreement.
N. "Program Income" means the NSP portion of any gross income received by the
Subrecipient directly generated from the use of NSP funds, as described in 24
CFR 570.500(a).
0. "Subrecipient" means a public or private nonprofit agency, authority, or
organization, or for-profit entity authorized under 24 CFR 570,201(o), receiving
CDBG funds from the recipient or another Subrecipient to undertake activities
eligible for such assistance under 24 CFR Part 570 Subpart C.
II. SCOPE OF PROJECT
A. Activities
Subrecipient shall undertake and complete the activities as set forth in Exhibit A to
this Agreement, which provides a description of the activity including the products to
be provided and or services to be performed, and identifies the person or entity
providing the services, the location of the activities, the recipients of the service, and
the manner and means of the services.
B. National Objectives
All activities funded with NSP funds must meet the NSP's income eligibility
requirement of benefit to low-, moderate-and middle- income persons.
Subrecipient certifies that the activity or activities carried out under this Agreement
will meet the NSP income eligibility requirements as follows: 100 percent of persons
benefiting from the activity or activities performed under this Agreement shall meet
the HUD definition of low-, moderate-, or middle income.
III. 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
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accordance with Exhibit A-3. Such program will include the following activities
eligible under the NSP:
i. Proiect Monitoring
Subrecipient shall submit quarterly reports to County within ten days of
prior month end. Such reports may include, but not necessarily be limited
to, project progress, beneficiaries, obstacles, achievements, anticipated
actions, and services offered.
ii. 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 rents received, and current project account balance (if
any). Subrecipient shall ensure that the account structure clearly identifies
those expenditures paid by the grant and those expenditures paid by
other sources. All expenditures must conform to the allowable cost
principles for State & Local Governments 24 CFR 85.22, Non Profits 24
CFR 85.27 and 48 CFR Part 31e for private contractors. Any program
income remaining shall be returned to the County quarterly.
The Subrecipient shall prepare and submit an Annual Capital Needs
Assessment and a Capital Replacement Reserve Schedule, these plans
shall be approved by the County prior to any expenditures. The plans
shall conform to the required compliance elements set forth by state and
federal regulations.
Project Reporting
Subrecipient shall submit annual reports as required by County including,
but not necessarily limited to, Section 3, Fair Housing, milestones,
accomplishments, and client demographic data.
B. Levels of Accomplishment—Goals and Performance Measures
Subrecipient shall be responsible to accomplish the levels of performance as set
forth in Exhibit "A" and report such measures as persons or households assisted.
Subrecipient shall also include time frames for performance to the County as
requested.
C, 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
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respect to the services to be performed under this Agreement. The County shall be
exempt from payment of all Unemployment Compensation, FICA, retirement, life
and/or medical insurance and Workers' Compensation Insurance, as the
Subrecipient is an independent contractor.
Should the Subrecipient enter into a property management agreement with a
property management company the Subrecipient shall provide a copy of the
property management agreement to the grant coordinator for review 30 calendar
days prior to execution. All conditions set forth in this agreement shall be included in
any sub contract for property management services,
The Subrecipient shall notify the County grant coordinator thirty (30) days prior to
any changes in the key personnel such as the CEO or CFO.
D. Performance Monitoring
County will monitor the performance of Subrecipient against goals and performance
standards as stated above. Subrecipient shall provide County all necessary
reporting information as required by County in the administration and review of the
project(s). Substandard performance as determined by the County will constitute
noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the Subrecipient within a reasonable period of time as
determined by the County, after being notified by County, contract suspension or
termination procedures will be initiated.
IV. TIME AND PERFORMANCE
Activities of the Subrecipient shall start on the 1st day of September, 2012 and end on
the 1st day of September, 2027 ("Project Period"). Properties must be rented to eligible
tenants no later than March 2013. Given the immediate response nature of the NSP, all
projects are expected to be completed within the project period. Any projects not
completed as described may be subject to immediate recapture.
V. BUDGET
No grant or other funds are to be provided to the Subrecipient from Collier County under
this agreement. The Subrecipient shall collect gross rents subtract net operating
expense and capital reserve allocation and if any funds remain all NSP Program Income
shall be returned on a quarterly basis.
Subrecipient shall receive prior written approval from County through the submission of
the annual Capital Needs Assessment, Capital Replacement Schedule and an Operating
Expenditure Plan prior to expending any NSP rental funds received through this project.
The subrecipient shall submit a draft plan for Operating and Capital within 30 days of
execution of this agreement, If the NSP Funds are not expended in accordance with the
terms, conditions and time period set forth in this agreement or the approved Operating
and/or Capital Plan, the total amount of the NSP Funds that exceed the eligible costs of
the project(s), the amounts improperly expended shall be repaid and any funds not
expended shall be returned to County within thirty (30) days after the expiration or
termination of this agreement.
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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.
VI. 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 accepted accounting principles. All disbursements from the
accounts shall be for obligations incurred in the performance of this Agreement and shall
be supported by contracts, invoices, vouchers, receipts and other data, as appropriate,
evidencing the necessity of such expenditure.
VII. NOTICES
Notices required by this Agreement shall be made in writing and delivered via mail
(postage prepaid), commercial courier, personal delivery or sent by facsimile or other
electronic means (provided that receipt is confirmed). Any notice delivered or sent as
aforesaid shall be effective on the date of delivery or sending. All notices and other
written communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following
contract representatives:
County Subrecipient,
Geoffrey Magon, Grant Coordinator Scott Eller, CEO
Collier County Government Community Assisted and Supportive
Living, Inc. d/b/a Renaissance Manor
3339 East Tamiami Trail Suite 211 1401 16th Street
Naples, Fl 34112 Sarasota, Florida 34236
239-252-2336 941-955-0708
Fax 239-252-2638 Fax 941-366-0033
GeoffreyMagon @colliergov.net scott.eller @renaissancemanor.org
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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 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 reports, intake and participant information, program and audit
reports. The parties further agree that records required by County with respect to
any questioned costs, audit finding, litigation or dispute between HUD and County
shall be maintained for the time needed for the resolution of any such issue and that
in the event of early termination of this Agreement, or if for any other reason County
shall require a review of the records related to the project(s), Subrecipient shall, at
its own cost and expense, segregate all such records related to the project(s) from
its other records of operation,
C. Inspections
At any time during normal business hours upon three (3) days prior written notice
and as often as County may deem necessary and in such a manner as not to
interfere unreasonably with the normal business operations, Subrecipients shall
make available to County, for examination, and to HUD, and appropriate federal and
state agencies or officials, all of its records with respect to matters covered by this
agreement including, but not limited to, records of personnel and conditions of
employment and shall permit County to audit, examine and make excerpts or
transcripts from such records. The Subrecipient shall provide within 180 days after
the end of their fiscal year a certified A-133 audit of the Subrecipients records.
D. Use of Federal Grant Funds
Subrecipient acknowledges that this agreement involves the use of federal funds
and as such, is subject to audit by the agency of the United States Government
granting the funds to HUD and County for the purposes of performing the work and
activities as listed in Exhibit "A". Subrecipient shall fully reimburse County for any
cost of the Subrecipient which is disallowed by any federal agency and which must
be refunded thereto by County.
IX. SPECIAL CONDITIONS
A. Allowed Amounts of Rents for NSP Rental Units
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All NSP Properties must be rented to Eligible Persons with incomes 50% to
120% of the Area Median Income. The Subrecipient shall make every effort to
rent at least 25% of the property to person below 50% of the Area Median
Income. However in the event the Subrecipient is unable to find a renter with an
income that is less than 50% of the median income; the HHVS Director or
designee may approve leasing the NSP Properties to a person with an income
up to 120% of the Area Median Income. The Subrecipient will select the Eligible
Person that will lease the NSP Units using its written criteria provided it is
consistent with the NSP regulations.
The goal for all NSP rental properties will be as follows:
1. Up to 25% of all NSP Units leased to persons with incomes below 50% of the
Area Median Income.
2. Up to 50% of all NSP Units leased to persons with incomes between 50% and
80% of the Area Median Income.
3. Up to 25% of the NSP Units may be leased to persons with incomes between
80% and 120% of the Area Median Income.
i. The maximum monthly rent for units leased to persons with incomes below
50% of the Area Median Income will be the higher of:
(a) The low 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 Persons receives assistance from the Section 8 Housing
Program, the amount approved as reasonable by the Section 8 Housing
Authority.
ii. The maximum monthly rent for units leased to persons with incomes
between 50% and 80% of the Area Median Income will be the higher of:
(a) The high HOME Rent Limit for the HOME Partnership Program as
published by the United States Department of Housing and Urban
Development less the cost of any tenant paid utilities; or
(b) 30% of the persons income as determined by the Subrecipient; or
(c) If the Eligible Person receives assistance from the Section 8 Housing
Program, the amount approved as reasonable by the Section 8 Housing
Authority.
iii. The maximum monthly rent for units leased to persons with incomes
between 80% and 120% of the Area Median Income will be the higher of:
(a) The Fair Market Rent as published by the United States Department of
Housing and Urban Development less the cost of any tenant paid utilities as
published by the Housing Program ;or
(b) 30% of the persons income as determined by the Subrecipient; or
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(c) If the Eligible Person receives assistance from the Section 8 Housing
Program, the amount approved as reasonable by the Section 8 Housing
Authority.
X. 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 policies governing the activities provided under this
agreement.
B. Adherence to State and Federal Laws, Regulations
i. General Subrecipient accepts full responsibility for payment of any and
all unemployment compensation, insurance premiums, workers'
compensation premiums, income tax withholdings, social security
withholdings and any and all other taxes or payroll withholdings required
for all employees engaged by the Subrecipient in the performance of the
work and activities authorized by this Agreement. Subrecipient accepts
full responsibility for providing workers with proper safety equipment and
taking any and all necessary precautions to guarantee the safety of
workers or persons otherwise affected.
ii. Prohibition of Gifts to County Employees No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, 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.
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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 further agrees not to commence operation during the
suspension period until the violation has been corrected to the
satisfaction of the County.
The Subrecipient shall remain in compliance with all zoning and
applicable regulations pursuant to the Collier County Land Development
Code.
v. Federal Laws The Subrecipient agrees to comply with applicable state
and local civil rights ordinances and with Title VI of the Civil Rights Act of
1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended,
Section 104(b)and Section 109 of Title I of the Housing and Community
Development Act of 1974 as amended (the HCDA), Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and
Executive Order 11246 as amended by Executive Orders 11375, 11478,
12107 and 12086, and will include the provisions in every subcontract or
purchase order, specifically or by reference, so that such provisions will
be binding upon each of its contractors and subcontractors.
vi. INDEMNIFICATION To the maximum extent permitted by Florida law, the
Subrecipient shall indemnify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees and paralegals'
fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Subrecipient or anyone employed or
utilized by the Subrecipient in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to
an indemnified party or person described in this paragraph. This section
does not pertain to any incident arising from the sole negligence of
Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Statutes.
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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 Subrecipient shall comply with current HUD policy
concerning the purchase of equipment and shall maintain inventory
records of all non-expendable personal property as defined by such
policy as may be procured with funds provided herein. A complete
inventory shall be provided to the County's grant coordinator on July 1 of
each year. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the County upon termination of this
Agreement. All program assets (unexpended program income, property,
equipment, multi family property etc.) shall be retained and remain with
the Subrecipient after the completion of the fifteen year affordability
period.
ii. OMB Standards Unless specified otherwise within this Agreement, the
Subrecipient shall procure all materials, property, or services in
accordance with the requirements of 24 CFR 84,40-48 or 24 CFR 85.36.
iii. Travel Subrecipient shall obtain written approval from County for any
travel outside the metropolitan area for which NSP Funds are used under
this Agreement. All travel costs reimbursed with NSP Funds shall be at
the rates allowed under Subrecipient's HUD-approved travel rules.
iv. Use and Reversion of Assets The use and disposition of real property
and equipment under this Agreement shall be in compliance with the
requirements of 24 CFR Part 84 or 85 and 24 CFR 570.502, 570.503,
and 570.504, as applicable.
v. Subcontracts Subrecipient will include all relevant provisions of this
Agreement in all subcontracts entered into as part of the activities
undertaken in furtherance of this Agreement and will take appropriate
action pursuant to any subcontract upon a finding that the subcontractor
or contractor is in violation of regulations issued by any federal agency.
Subrecipient will not subcontract with any entity where it has notice or
knowledge that the latter has been found in violation of regulations under
24 CFR Part 135 and will not let any subcontract unless the entity has
first provided it with a preliminary statement of ability to comply with the
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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, acquires any personal interest, involuntarily or
voluntarily, shall immediately disclose his interest to County in writing.
Thereafter, he shall not participate in any action affecting the work under
this Agreement unless the County determines that, in light of the
personal interest disclosed, his participation in any such action would not
be contrary to the public interest. Subrecipient shall adhere to the
County's Article X.
vii. Environmental Requirements Subrecipient agrees to comply with all
applicable environmental requirements insofar as they apply to the
performance of this Agreement, including but not limited to the Clean Air
Act, the Federal Water Pollution Control Act and the Flood Disaster
Protection Act. Subrecipient also shall comply with the Historic
Preservation requirements of National Historic Preservation Act of 1966
and HUD Lead-Based Paint Regulation at CFR 570.608 and 24 CFR
Part 35, Subpart B.
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.
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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 giving reasonable written notice of termination to the
Subrecipient for any of the following occurrences:
a. Failure of Subrecipient to fulfill in a timely and proper
manner any of its obligations under this Agreement.
b. Failure of Subrecipient to submit timely reports that are
complete and accurate.
c. Failure of Subrecipient to use the NSP-assisted properties
for the stated purposes in this Agreement.
d. Termination of the NSP by HUD.
2. Effects of Termination Within sixty(60)days after termination of
this Agreement, Subrecipient shall surrender all reports,
documents, and other materials assembled and prepared
pursuant to this Agreement, which shall become the property of
County, unless otherwise directed by County. After receiving
written notice of termination, Subrecipient shall incur no new
obligations and shall cancel as many outstanding obligations as
possible.
3. Forbearance Not a Waiver No act of forbearance or failure to
insist on the prompt performance by Subrecipient of its obligations
under this Agreement, either express or implied, shall be
construed as a waiver by County of any of its rights hereunder.
F. Relocation
The Subrecipient agrees to comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24; 24 CFR Part 42 — Displacement,
Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted
Programs; and 24 CFR 570.606 — Displacement, relocation acquisition, and
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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.
XI. 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
All actions regarding this Agreement shall be brought exclusively in a court of
competent subject matter jurisdiction in Collier County, Florida, and the parties
agree that venue in such courts is appropriate.
C. Entire Agreement
This Agreement and its exhibits and any documents referred to herein constitute
the complete understanding of the parties and merge and supersede any and all
other discussions, agreements and understandings, either oral or written,
between the parties with respect to the subject matter hereof.
D. Severability
Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is held to be prohibited by or invalid under applicable law, such
provision shall be ineffective only to the 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.
F. Pronouns
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The use of any gender pronoun shall be deemed to include all the other genders,
and the use of any singular noun or verb shall be deemed to include the plural,
and vice versa, whenever the context so requires.
G. Headings
Section headings contained in this Agreement are inserted for convenience only
and shall not be deemed to be a part of this Agreement.
H. Assignments
Neither this Agreement nor any rights, duties, or obligations described herein
shall be assigned, subcontracted or sub granted by the Subrecipient without the
prior express written consent of the County.
I. Costs Associated with the Conveyance of the Property
Each party shall be responsible for payment of its own attorney's fees. The
Subrecipient shall be responsible for payment of the cost of recording the
Statutory Deed(s) and the pro-rata share of the water, sewer, and garbage
charges. The Subrecipient shall be responsible to transfer associated utility
accounts within 48 hours after the day of closing.
XII. List of Exhibits
A. Exhibit A : Project Description
B. Exhibit A-9: 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
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?
ATTESTO.,"...., 'ir BOARD OF COUNTY COMMISSIONERS
Dwjg, f*.:' rock Cler ',of Courts COLLIER CO NTY, FLORIDA
.u!' k.
Date.' Fred W. Coyle, Chairman
:.thairs40 0i
Approved as Xp.fdi-rti'and
legal suffiglency:
Jenne er B. White
Assistant County Attorney
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SUBRECIPIENT: Community Assisted and
Supporti e lying, Inc. d/b/a Renaissance Manor
first Witness-
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EXHIBIT A. Project Description
A. GENERAL
Subrecipient will be provided ownership in certain real property acquired by the County
for the purpose of rental to NSP-eligible persons or families. The property associated
with this agreement consists of a multi-family residential dwelling units. The property
associated with this agreement is more particularly described in Section D of this exhibit.
All costs associated with the transfer for the aforementioned property from County to
Subrecipient shall be borne by Subrecipient,
B. ELIGIBLE ACTIVITIES
The following activities are eligible under this Agreement and are more thoroughly described
in the NSP Notice.
NSP-Eligible Use (B) — Purchase and rehabilitate homes and residential properties that
have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such
homes and properties.
• 24 CFR 570.201(a) Acquisition, (b) Disposition, (1) Relocation, and (n) Direct
homeownership assistance (as modified below):
o 24 CFR 570.202 eligible rehabilitation and preservation activities for
homes and residential properties.
C. ELIGIBLE INCOME LEVELS OF RENTERS
NSP-assisted property subject to the agreement shall be used with respect to individuals
and families whose income does not exceed 120 percent 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. 2184 Sunshine Boulevard; Naples, Florida 34116; Lot 9, Block 21, Golden
Gate Unit 2, According to the Plat Thereof, of Record in Plat Book 5, Pages
65 through 77, of the Public Records of Collier County, Florida.
2. 5465 Hunter Boulevard; Naples, Florida 34116; Lot 34, Block 164,Golden
Gate, Unit 5, in accordance with and subject to the plat recorded in Plat Book
5, Pages 117-123, inclusive, Public Records of Collier County, Florida.
3. 1660 41St Street, S.W.; Naples, Florida 34116;Lot 8, Block 72 of Golden Gate,
Unit Two, according to the plat thereof as recorded in Plat Book 5, Pages 65-77,
of the Public Records of Collier County, Florida.
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(b) The Subrecipient will operate all tasks in connection with this rental housing program
in compliance with all applicable federal, state, and local rules and regulations governing
these funds, and in a manner satisfactory to the County. Toward the goal of renting out
the available units to eligible applicants, the major tasks that the Subrecipient intends to
perform include, but are not necessarily limited to, the following :
1. Rental housing program plans, procedures and forms: rental housing program
design and procedures, including any necessary forms, documents or contracts, will be
established.
2. Outreach: Sufficient advertisement of the rental housing program and other forms of
outreach will be conducted to ensure that eligible applicants participate in the program.
3. Intake/assessment of eligibility: a written Tenant Selection Plan will be put in place
that establishes eligibility requirements, income limits, procedures for accepting
applications and selecting from the waiting list, and preferences, in accordance with all
HUD and HIPPA regulations.
4. Maintenance of case files and other records: all necessary case files and records,
such as applicant information, documentation of eligibility, and monthly rent payments,
will be maintained and regular reports to the County will be provided as requested.
5. Property management/maintenance: responsibility for management and maintenance
of the property, including any future improvements or rehabilitation.
EXHIBIT A-1. Affordability Requirements
GENERAL
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EXHIBIT A-1. Affordability Requirements
GENERAL
Subrecipient will ensure that all properties subject to this Agreement comply with the
affordability provisions of the HOME Investment Partnerships Program as contained in 24 CFR
92.254 relating to qualification as affordable housing. The Subrecipient, at its sole discretion,
may impose greater restrictions so long as the restrictions are at level at or above those of the
HOME Investment Partnerships Program. After the 15 year affordability period has been
satisfied the requirements attached to the property are no longer applicable.
RENTAL: LONG TERM AFFORDABILITY
The NSP-assisted housing must meet the affordability requirements for not less than the
applicable period of 15 years, specified pursuant to 24 CFR 92.252(a), (c), (e), and (f), and
92.254.
The affordability requirements for NSP -assisted rental units apply without regard to transfer of
ownership, except that the affordability restrictions may terminate upon foreclosure or transfer in
lieu of foreclosure. Collier County will enforce long-term affordability through the use of a
recorded lien, covenant, or deed restriction against the assisted property.
Subsequent rents during the affordability period will be calculated and applied in conformance
with 24 CFR 92.252 (a), (c), (e), (f).
RECAPTURE PROVISIONS:
The recapture provisions will ensure that the County recoups all of the NSP assistance, if the
housing does not continue to be used as a multi- family rental property and the Subrecipient
does not continue to own the residence for the duration of the period of affordability. The period
of affordability is 15 years based upon the total amount of NSP funds subject to recapture
described above.
The County may permit the Subrecipient to recover the Subrecipient's investment ( capital
improvements made by the owner since the conveyance at the owner's expense minus NSP
funds) before recapturing the NSP investment. Any NSP investment recaptured by the County
shall remain with the County for future use toward other NSP-eligible activities.
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EXHIBIT A-2. Grant Agency Requirements
APPLICABLE LAWS AND REGULATIONS
Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in
whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally
by compliance area, include but may not be limited to the following.
GENERAL REQUIREMENTS
• The Housing and Community Development Act of 1974, as amended and as
implemented by the most current HUD regulations (24 CFR Part 570).
• Federal Register Docket No. FR-5447-N-01: Notice of Formula Allocations and Program
Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010.
• U.S. Department of Housing and Urban Development's Playing by the Rules: A Handbook
for CDBG Sub-recipients on Administrative Systems.
CIVIL RIGHTS
• Title VI - Civil Rights Act of 1964.
• Section 109-Title I - Housing and Community Act of 1974.
• Title VIII of the Civil Rights Act, 1968 (Fair Housing Act), as amended. 42 U.S.C. 3601.
• Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of
1990.
• Executive Order 11246 - Equal Employment Opportunity, as amended by Executive
Order 11375, Parts II and Ill.
• Executive Order 11063 - Equal Employment Opportunity, as amended by Executive
Order 12259.
• Section 3 of the Housing and Development Act of 1968, as amended Section 118 of Title
I, Community Development and Housing Act, 1974.
• Age Discrimination Act of 1975.
• Executive Order 12432: National Priority to Develop Minority and Women Owned
Businesses.
• Section 504 of the Rehabilitation Act of 1973 and implementation regulation (24 CFR
Part 8).
ACQUISITION AND RELOCATION
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(46 U.S.C. 4601 and regulations at 49 CFR, Part 24).
HOUSING
• The Truth in Lending Act(Regulation Z).
• Title I Consumer Protection Act (PL 90321).
• The Lead Base Paint Poisoning Prevention Act (42 U.S.C. 4831-5 et al.) and HUd
implementing regulations (24 CFR Part 35).
• The Residential Lead-Based Paint Hazard Reduction Act of 1993 (PL 102-550).
• The National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C., 5401 et. seq., as amended).
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• Manufactured Housing Act (O.C.G.A. Sections 8-2-130 and 160 et. seq.).
• Construction Industry Licensing Board Act (O.C.G.A. Section 43-14-8).
• The Fire Administration Authorization Act of 1992 (PL 102-522),
ENVIRONMENTAL
• Title I of the Housing and Community Development Act, Section 104(g) — as amended
(42 U.S.C. 5304) and published in 24 CFR Part 58.
• Section 306 of the Clear Air Act(42 U.S.C. 1857(h))
• Section 508 of the Clean Water Act (33 U.S.C. 1368).
• Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part
15).
• Energy Policy and Conservation Act (Pub. L.94-163).
LABOR STANDARDS
• The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations.
• The Davis-Bacon Act (40 U.S.C. 276(a) to (a-7), as supplemented by Department of
Labor Regulations.
• The Davis-Bacon Act(42 U.S.C. 5310).
• The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented by Department of
Labor regulations.
OTHER
• Conditions prohibiting inherently religious activities (24 CFR 570.200(j)).
HOUSING REHABILITATION REQUIREMENTS
• 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:
o If the Subrecipient contracts directly for rehabilitation services or acts as an agent
for the homeowner, i.e., signs the rehabilitation contract.
o 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.
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.
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• Section 104(d) of the Housing and Community Development Act is applicable if rental
units are converted to non- "low and moderate income dwelling units" or if occupied or
occupiable housing units are demolished. See HUD regulations at 24 CFR Part 570.606
and 24 CFR Part 42.
• The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as
amended, and as implemented by DOT regulations 49 CFR Part 24, is applicable if
tenants or homeowners (regardless of income) are displaced in conjunction with a NSP
activity.
• The Truth-In-Lending Act (Regulation Z) (USC 1601, et. seq.) which applies to any loan
transaction between the Recipient and the homeowner provided the Recipient meets the
criteria of being a "creditor", as defined by the Federal Reserve System
EQUAL OPPORTUNITY, FAIR HOUSING, AND ACCESSIBILITY
GENERAL
The regulations pursuant to Title I of the Housing and Community Development Act require
applicants to assure through certification that all activities will be conducted in accordance with
Section 109 of the Act (the nondiscrimination clause), Title VI of the Civil Rights Act of 1964,
Title VIII of the Civil Rights Act of 1968, and Executive Orders 11246 and 11063. These
requirements are briefly described below:
1. Title VI of Civil Rights Act of 1968 Nondiscrimination in any programs or activities receiving
Federal financial assistance.
2. Section 109 of Title I — Housing and Community Development Act of 1974 Nondiscrimination
in any program or activity subject to the provisions of this title. No person in the United States
shall on the ground of race, color, national origin, or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination 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
• 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
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• 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 11 - Employment under Federal contracts. Non-discrimination in employment by
government contractors and subcontractors. Part III - Federally assisted construction contracts.
Non-discrimination in employment under federally assisted construction contracts. Parts II and
Ill are administered by the Department of Labor.
7. Section 3 of the Housing and Development Act of 1968, as amended and as implemented by
HUD regulations at 24 CFR Part 135 Section 3 provides that to the greatest extent feasible,
training and employment opportunities shall be made available to lower income residents of
project areas and that contracts be awarded to small businesses located within the project area
or owned in substantial part by project area residents.
SECTION 504 REQUIREMENTS
Local government recipients and Subrecipients must comply with Section 504 of the
Rehabilitation Act of 1973, as amended. This requirement is similar to the "Americans with
Disability Act" (ADA) which is also applicable. HUD published implementation regulations (24
CFR Part 8) as a final rule on June 2, 1988. The 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
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
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subcontract with businesses which provide economic opportunities to lower income persons.
Section 3 Regulations 24 CFR 135.
§ 135.38 Section 3 clause.
All section 3 covered contracts shall include the following clause (referred to as the section 3
clause):
A. The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3).
The purpose of section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUDDs regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workerscl representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated 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 HUDos regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities for training and employment
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shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to
the maximum extent feasible, but not in derogation of compliance with section7(b).
DEBARMENT
Pursuant to 24 CFR 24, all NSP Countys are required to verify that any/all persons, contractors,
consultants, businesses, sub-recipients, etc. that are conducting business with the County,
including any city/county or the County itself, are not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in the covered
transaction or in any proposal submitted in connection with the covered transaction. Verification
will be checked through the Excluded Parties Listing System (at website: www.epls.qov).
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EXHIBIT A-3. Reporting
REPORTING SCHEDULE
Report Due Date Frequency #of Copies Remittance
Addresses
Operating Expense 10 days after the Quarterly 1 Grant Coordinator
Actual Expenditure end of the quarter HHVS
Reconciliation
Activity Report 10 days after the Quarterly 1 Grant Coordinator
end of the quarter HHVS
Rental Operation 90 days after One time and 1 Grant Coordinator
Manual agreement when updated HHVS
execution
Annual Audit 180 days after Annually 2 Grant Coordinator
end of fiscal year HHVS and Grant
Compliance Office
Capital Needs 30 days after Annually 2 Grant
Assessment execution and 9/1 Coordinator,
of each year HHVS
thereafter
Operating Expense 30 days after Annually 2 Grant
Budget execution and 9/1 Coordinator,
of each year 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;
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;
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3. Plan to investigate all service requests from tenants and steps that will be taken to ensure
prompt action;
4. Plan to ensure water, electric, gas, fuel, oil, sewage, trash disposal, vermin extermination,
decoration of common areas, laundry facilities, telephone services, and other necessary
service in connection with the property;
5. Acquire and keep in force at the Subrecipients expense all permits that may be required
for the operation of the property as rental housing;
6. Plan to maintain tenant files containing copies of leases, certification forms, notices and
other documentation required by the County to conform to the NSP regulations;
7. Plan for marketing the property in accordance with Fair Housing and Equal Opportunity
Requirements.
(b) The Subrecipient shall submit the NSP Subrecipient activity report and shall include the
following:
NSP-1 RENTAL SUBRECIPIENT ACTIVITY REPORT
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone: Email:
GENERAL
1. Activity Status or Milestones -- describe any significant actions taken or outcomes
achieved during this reporting period.
•
2. Future Actions — what significant actions or outcomes are expected during the next
reporting period?
3. Obstacles — describe any potential obstacles, challenges, or issues that may cause
delay.
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)
No. Female Head of Households
TOTAL
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RACE AND ETHNICITY BENEFICIARIES
Race Total No. Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL
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EXHIBIT A-4. Monitoring
DATE:
TENANT (S) NAME:
PROPERTY ADDRESS:
SUBRECIPIENT shall submit the following completed form upon rental of each property/room
associated with this agreement.
SECTION A: PARTICIPANT ELIGIBILITY
1.
Were income inclusions and exclusions applied ocrrectly for the chosen ❑ ❑ ❑
income definition and was the calculation performed correctly?
Yes No N/A
Describe Basis for Conclusion:
2.
Was household income supported with source documentation? ❑ ❑ ❑
Yes No N/A
Describe Basis for Conclusion:
3.
Was the person's annual income less than or equal to 120% of the area ❑ ❑ o
median income (or less than or equal to 50% if the unit was designated for
the Low Income set-aside)? Yes No N/A
Describe Basis for Conclusion:
Prepared By:
Telephone: Email:
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EXHIBIT A-5. Income Certification
Neighborhood Stabilization Program 1
INSTRUCTIONS
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
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Income
Member Asset Description Cash Value from
Assets
1
2
3
4
5
6
7
8
Total Cash Value of Assets
B(a)
Total Income from Assets
IIff line B(a) is greater than $5,000, multiply that amount by the rate
specified by HUD (applicable rate 2.0%) and enter results in B(c),
otherwise leave blank.
B(c)
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E. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits I Public Other
Salaries Pensions Assistance Income
(include tips,
commissions, Asset
bonuses, and Income
overtime)
1 (Enter the
2 greater of
3 box B(b) or
4 box B(c),
above, in
5 box C(e)
6 below)
7
8
Totals (a) (b) (c) (d) (e)
Enter total of items C(a) through C(e).
This amount is the Annual Anticipated Household Income.
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.
Signature of Head of Household Date
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Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member (if applicable) Date
H. NSP County Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
NSP. The family or individual(s) constitute(s) a:
Very-Low Income (VLI) Household means and individual or family whose
annual income does not exceed 50 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$ ).
Low-lncome (LI) Household means and individual or family whose annual
income does not exceed 80 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$ )•
Moderate-Income (MOD) Household means and individual or family whose
annual income does not exceed 120 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit$ ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the NSP Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
I. Household Data
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Number of Persons
By Race/Ethnicity By Age
White Black Hispanic Asian American Other 0—25 26— 41 — 62+
Indian 40 61
Special Target l Special Needs
(Check all that apply)
Farm Worker Developmentally Homeless Elderly Other
Disabled
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for
statistical use only. No occupant is required to give such information he or she desires to do so,
and refusal to give such information will not affect any right he or she has an occupant.
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EXHIBIT A-6. Performance Report Data
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 in operating the NSP.
2. FINANCIAL DATA
Provide (a) operating funds expended, and (b) capital funds expended.
3. ACTIVITY PROGRESS NARRATIVE
Described progress made with rental activities
4. PROPERTY DATA
Provide the address of each property where funds were expended or obligated this
reporting period.
5. DEMOGRAPHIC DATA
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.
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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 expenditures shall be supported and documented by three quotes in
writing and conform to this agreement.
The Subrecipient shall annually prepare an operating expense plan to include but not
limited to:
❑Utilities
❑Pest Control
❑Lawn Maintenance
❑Property management services
The Subrecipient shall establish a set-aside from any "effective gross income" (any
rental monies collected above monthly operating 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
❑ Accessibility: incorporation of universal design elements (wider doors, grab bars, walk-
in showers, etc.)
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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.
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