Agenda 12/08/2015 Item #16D1212/8/2015 16.D.12.
EXECUTIVE SUMMARY
Recommendation to approve Third Amendment to the subrecipient agreement with Community
Assisted and Supportive Living, Inc.
OBJECTIVE: To provide safe and decent housing that will benefit low -and moderate - income persons
with disabilities.
CONSIDERATIONS: Collier County is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD) as
provided by the Cranston - Gonzalez National Affordable Housing Act. HOME funds may be used to
provide and support affordable rental housing and homeownership affordability.
On September 23, 2014, the Board approved a subrecipient agreement with and Community Assisted and
Supportive Living, Inc. (CASL) for the Rehabilitation of Multi - Family Properties Project (Agenda item
16D1). Since then, the agreement has been amended twice, to include language reflecting revisions to the
HOME Program's requirement regarding the records retention period and an extension to the project
completion date.
The Third Amendment includes an extension to the end date of the agreement to allow time for the
completion of the renovations and to modify the housing units to meet ADA Section 504 standards.
Approval of this amendment allows CASL to meet the number of beneficiaries /occupants required in the
agreement in addition to allowing time to expend awarded funds. The rehabilitation of these properties
will expand the availability of low- income handicap - accessible rental housing units in Collier County.
FISCAL IMPACT: The proposed actions described in this executive summary have no fiscal new
impact. The funding source for this project is the HOME Investment Partnership Program (HOME). The
grant award for the HOME Rehabilitation of Multi - Family Properties project is $60,000, and is budgeted
within the Housing Grant Fund (705), Project No. 33365.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board action. -JAB
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this recommendation will
further Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the Third Amendment to the subrecipient agreement with CASL for the Rehabilitation
of Multi - Family Properties Project in order to extend the completion date and to modify the housing units
to meet ADA Section 504 standards.
Prepared by: Jody Paley, Grant Coordinator, Community and Human Services
Attachments:
1) CASL Amendment No. 3
2) FY2014 -2015 Executed Agreement and Amendment one and two
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.12.
Item Summary: Recommendation to approve Third Amendment to the subrecipient
agreement with Community Assisted and Supportive Living, Inc.
Meeting Date: 12/8/2015
Prepared By
Name: PaleyJody
Title: VALUE MISSING
11/3/2015 12:41:36 PM
Submitted by
Title: VALUE MISSING
Name: PaleyJody
11/3/2015 12:41:37 PM
Approved By
Name: Bendisa Marku
Title: Supervisor - Accounting, Community & Human Services
Date: 11/6/2015 1:14:32 PM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Community & Human Services
Date: 11/9/2015 9:23:15 AM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 11/9/2015 2:47:52 PM
Name: GrantKimberley
Title: Division Director - Cmnty & Human Svc, Community & Human Services
Date: 11/9/2015 7:32:56 PM
Name: AlonsoHailey
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Title: Operations Analyst, Public Services Department
Date: 11/13/2015 2:19`22 PM
Name: Bendisu IN/larku
Title: Supervisor - Accounting, Community & Human Services
Date: 11/16/2015 12:38:39 PM
Name: Belpediosennifer
Title: Assistait County Attorney, CAO General Services
Date: 11/17/2015 4:59:36 PM
Name: Can iatcve
Title: Department Head - Public Services, Public Services Department
Date: 11/18/201 5 9:41:38 AM
Name: RobinsonErica
Title: A.ccu: ,tart, Senior, Grants Management Office
Date: 1 /' 2- 12015 2:49:22 PM
Name: I%; I a'i 7..ov, % Jt ff
Title: Cownty Attorney,
Date: 11!18/2015 2:58:48 PM
Name: Stan..° -'-�e ese
Title: Manager grants Compliance, Grants Management Office
Date: 11 /20/2015) 2:14:06 PM
Name: Casal ,nQuidaNick
Title: county Manager, County Managers Office
Date: 1 1/22/20 1 5 11:53:02 AM
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16D 7
Grant # - M- 14 -UC -12 -0217
CFDA/CSFA# - 14.239
SUBR.ECIPIENT — Community
Assisted and Supported Living,
Inc.
Agreement # HM14 -01
DUNS # - 940621519
IDIS # 492
FEID # - 65- 0869993
Fiscal Year End: 12/31
Monitorin Deadline: 10/2025
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. (CASL)
THIS AMENDMENT is made and entered into this 2 day of 2015, by and
between "Community Assisted and Supported Living, Inc." a private not- for - profit
corporation existing under the laws of the State of Florida, herein after referred to as
"SUBRECIPIENT", having its principal office at 1401 16th Street, Sarasota, Florida 34236 and
"Collier County, Florida, having its principal address as 3339 E. Tamiami Trail, Naples FL
34112, hereinafter to be referred to as "COUNTY ", collectively stated as the "PARTIES."
WHEREAS, on September 23, 2014, the County entered into an agreement with the
HOME Investment Partnerships (HOME) Program funds to be used for the 2014 Community
Assisted and Supported Living, Inc. (CASL) HOME Rehab Project (hereinafter referred to
as the "Agreement "); and
WHEREAS, the Parties desire to extend the project completion date in order to achieve
full expenditure of CDBG funds.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree to amend the Agreement as follows:
Words Struek Threag# are deleted; Words Underlined are added
* All references to Housing, Human and Veteran Services (HHVS) throughout agreement shall
now read Community and Human Services (CHS).
CASL
HOME HM 14-01
Rehab of multi family properties
Amendment M2
PART I
SCOPE OF WORK
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1.3 TIME OF PERFORMANCE
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11t. 6 7 -, .14
Services of the SUBRECIPIENT shall start effective the date of the execution of this
agreement and shall end December 31. 2015. Rehabiliiat-icn
activities shall be completed by 2015 mid the aft-ordability period shall cease in 2025.
of this Agreement and the provisions herein may be extended by amendment to cover any
additional time period during which the SSUBRECIPIENT remains in cont-r3l, of F!0`tE ftz d"!'; -1-
other HOME assets, including prograin ilcorne.
IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each,
respectively, by an authorized persctn or agcnt, hereunder s--t their h=ds an'd an at-1
first written above.
ATTEST -
DWIG ilitl E. 6�klb,�K,., CLEI K
U
tlerk
si naUe
Dated: x 7k) 1 -S
Title
Witness
V-(14J
Name and Title
Approved as to form and 111-1g.zlKy:
5,'-�ARD, OF COUN7TY OF
D V:
TWt NANCE, CHAIRVKAl�,
'"014W IE V
iWITY ASS1S'" D A-'NL�
L W P14 G, JNC kSL)
r3 v:
f
)tt/Efler, CEO
Jenrffre'r A. Belpedil 1z NI 01
Assistant County Att�" ey,
CASL
HOME HN11"I
Rehab of inuld fattiq prqnr'---
Amendment 42
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Grant # - M- 14 -UC -12 -0217
CFDA/CSFA# - 14.239
Subrecipient - Community Assisted !land
Su orted Livin , Inc.
DUNS ti " 940621519
A reemsnt# CD14 -09 �
IDIS# - 492
FEID # - 65- 0869993
Fiscal Year End: 12.31
Monitor End: 10/2025
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER. COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. (CASL) i
i
THIS AMENDMENT is entered into this q day of , )LLB r—' 2415, by and betv✓een�l the
"Community Assisted and Supported Living, Inc." a private not- for - profit corporation existing undettIthe
laws of the State of Florida, herein after referred to as `LSUBRECIPIENT ", having its principal office at 11 01
16`h Street, Sarasota, FL 34236; and Collier County, Florida, having its principal address as 3330 E.
Tamiami Trail, Naples FL 34112, hereinafter to be referred to as "COUNTY ", collectively stated as the
"PARTIES."
RECITALS '
WHEREAS, on September 23, 2014, the COUNTY entered into an Agreement, with the H4A
Investment Partnerships (HOME) Grant Program funds to be used for the Rehabilitation of Multi Fa ily J
Properties Project (hereinafter referred to as the "Agreement "); and
WHEREAS, the Parties desire to amend the Agreement to conform to the Department of Housin and
Urban Development's HOME requirement regarding the records retention period.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and val i ble
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agre to
amend the Agreement as follows:
Words Stru-ek-T%roughr are deleted; Words Underlined are added i
a
Part II "Grant Control Requirements ", Section 2.213 "Records and Documentation ", is hereby amended, as
follows:
d
D. Upon completion of all work contemplated under this Agreement copies of all docum nt
and records relating to this Agreement shall be surrendered to CHS if requested. in any event;Jlthe
CASL f
HOME (HM 14 -01)
I
Rchnh of Muhi- T'amily Properties Page I of 3
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SUBRECIPIENT shall keep all documents and records in an orderly fashion in a re
accessible, permanent and secured location for Epee —(3) flv 5 years after the dal
submission of the annual performance and evaluation report, as prescribed in 24 CFR 91
with the following exception: if any litigation, claim or audit is started before the expiration
of the twee -(3) five 5 year period, the records will be maintained until all litigation, clai
audit findings involving these records are resolved, The COUNTY shall be informed in writs
an agency ceases to exist after closeout of this Agreement of the address where the records a
be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records
transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT i
termination of the contract and destroy any duplicate public records that are exemp
confidential and exempt from public records disclosure requirements. All records st
electronically must be provided to the COUNTY in a format that is compatible with
information technology systems of the public agency.
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12/8/2015 16.D.12.
IN WITNESS WHEREOF, the Subrecipicnt and the County, have each, respectively, by an authorized p son
or agent, hereunder set their hands and seals on the date first written above. I!
i�
DWIGHT: BOARD OF COUNTY COMMISSIONERS OF `
DWIGHT E: BRCUCI; CLERK COLLIER COL>N'TY, FLORIDA
By:_Z t �
TIM NANCE, CHAIRMAN }
Approved as to fonn and legality:
COMMUNITY ASSISTED AND SUPPORTED
LIVING, INC.
J. O ELLER, CEO FOR
COMMUNITY ASSISTED AND SUPPORTED
LIVING, INC.
JennifWA, Belpe
Assistant County Attorney
CASs,
HOME (HM 14 -01)
Rehab dMulti- Family Pmpenies
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Grant # - M- 14 -UC -12 -0217
CFDA/CSFA# - 14.239
SUBRECIPIENT - Community
Assisttd and supported Wig,
Inc
Agreement # HM14 -01
DUNS # - 940621519
IDIS # 492
FEID # - 65- 0869993
Fiscal Year End: 12/31
Monitoring Deadline: 10/2025
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. (CASL)
If
THIS AGREEMENT is made and entered into this ay of
2014, by and between Collier County, a political subdivision of the State of
Flo Ada, ( "CO ° or "Grantee ") having its principal address as 3339 E. Tamiarni Trail,
Naples FL 34112, and Community Assisted and Supppoxttd i wbkg, Inc:' a prix ate not %s -
profit corporation existing under the laws of the State of Florida, having its principal office at
1401 16th Street, Sarasota, Florida 34236.
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD)
as provided by the Cranston- Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2014 -2015 for
the HOME Program on June 24,2014, Agenda Item 16D8; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan
for Federal Fiscal Year 2014 -2015 for the HOME Program and the use of the HOME finds for
the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities
specified in this Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
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The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any
standards required as a condition of providing HOME funds, as determined by Collier County
Housing, Human and Veteran Services (FENS), perform the tasks necessary to conduct the
program as follows:
Project Component One: Building rehabilitation of multi - family housing for low to moderate
income adult individuals with disabilities.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to HHVS for approval a detailed project schedule for the completion of
the construction of the properties.
B. The following resolutions and policies must be adopted by the Subrecipient's
governing body within thirty (30) days of conveyance:
1. Fair Housing Policy
2. Marketing Plan
3. Fraud Policy
4. Affirmative Action/ Equal Opportunity Policy
5. Conflict of Interest Policy
6. Equal Opportunity Policy
7. Residential Anti - displacement and Relocation Policy
8. Sexual Harassment Policy
9. Procedures for meeting the requirements set forth in Section 3 of the Housing
and Urban Development Act of 1968, as amended (12 U.S.C. 7941 u)
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
1.2 PROJECT DETAILS
A. Project Description/Budget
Activity
Federal Funds
Match
Praiect Component One. Partial Funding for rehabilitation of
$60,000
multi- family rental housing.
Match
Minimum
Re aired match
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25% of total
HOME award
Grand Total: $60,000 $15,000
The Subrecipient will accomplish the following project tasks:
Project Tasks
1. Maintain documentation and income data on all households served in
compliance with 24 CFR 92.508
2. Provide Quarterly reports on project status (Exhibit C and D) and meeting an
eligible activity.
3. Required attendance by a representative from Executive Management at
quarterly partnership meetings, as requested
4. Provide Site Design and Specifications, as applicable
5. Prepare Bid Specifications and Engineer's Cost Estimate, if applicable
6. Obtain Sealed Bids and provide associated procuz>rment doclmlerdation
7. Submit invoices to HHVS for rehabilitation costs for each unit
8. Once rehabilitation has been completed, HHVS will provide a lien for each
unit assisted for a period associated to the amount of 'BOMB assistance
provided by the County
9. Market Analysis
10. Project Proforma prior to rehabilitation and updated at the completion of the
project
B. Income Requirements
Nominally all tenants must be at or less than 80% of AMI; but Program -wide Income
Targeting requires that 90% of rental families be at or less than 60% of AMI;
In projects with 5 or more HOME - assisted units, 20% of the units must be occupied
by families at or below 50% of AMI; and Incomes of tenants must be certified
initially and recertified annually.
C. Project Outcome
The SUBRECIPIENT will be reimbursed for the partial rehabilitation of multi - family
rental properties and the SUBRECIPIENT shall assure that the units are occupied by
tenants that qualify, pursuant to paragraph B above. The units will be deed restricted
for the affordability period subject to dollar of HOME funds invested to each unit.
CASL
HOME HM 1401
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D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Project Component One;
Documentation
Submission of monthly
invoices
Special Grant Condition Policies
Policies as stated in this
Within thirty (30) days of
Section 1.1
agreement
Agreement Execution
HQS Inspections
Inspection Form
Prior to Occupancy and annually
rental housing
thereafter until 2025
Insurance
Insurance Certificate Exhibit A
Annually within thirty (30) days
of renewal until 2025
Detailed Project Schedule
Project Schedule
Within thirty (30) days of
Agreement Execution
Project Plans And Specifications
Site Plans and Rehabilitation
Prior to start of Rehabilitation
Specifications
Income Documentation
Exhibit E
Prior to Occupancy and
recertification of tenants
annually thereafter until 2025
Submission of Progress Report
Exhibit C & D
Monthly until completion of
rehabilitation. Quarterly Reports
until full occupancy. Annually
thereafter until 2025
Financial and Compliance Audit
Exhibit F
Annually one hundred eighty
(1$0) days after FY end until
2025
Continued Use Certification
Continued Use Affidavit
Annually until 2025
Tenant ]cases
Copy of lease document
Prior to occupancy
Occupancy and Tenant Income
OceupancyNacancy Report
Annually until 2025
Report and Rental Rate Report
E. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable
Payment Supporting
Documentation
Submission Schedule
Project Component One;
Submission of supporting
documents must be provided as
Submission of monthly
invoices
Funding costs will include but
not limited to the following
backup as evidenced by contractor
expenses: Partial funding for
schedule of values /invoices or
rehabilitation of multi - family
equivalent, proof of permit close
rental housing
out, if applicable, banking
documents, canceled checks, and
any additional documents as
needed.
Final 10% 6,000 released upon
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1.3 TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start effective the date of the execution of this
agreement and shall end on 3CP day of September 2015. Rehabilitation activities shall be
completed by 2015 and the affordability period shall cease in 2025. The term of this Agreement
and the provisions herein may be extended by amendment to cover any additional time period
during which the SUBRECIPIENT remains in control of HOME fiords or other HOME assets,
including program income.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available SIXTY THOUSAND DOLLARS ($60,000.00)
for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the
aforestated amount including, without limitation, any additional amounts included thereto as a
result of a subsequent amendment(s) to the Agreement, shall be referred tows the "Funds ").
Modifications to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% between project
components shall only be made with board approval.
SUBRECIPIENTS are required to competitively bid and must ensure that every purchase
order or contract executed for federally- assisted projects comply with all other Federal
requirements and applicable LABOR provisions. SUBRECIPIENT must include in each contract
HUD form 4010 when contracting for services or goods related to a Federal award.
Match Pursuant 24 CFR 92.218
Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds
when identified as an eligible source, such as contributions to housing activities that qualify as
affordable housing under the HOME program throughout a fiscal year. Contributions that have
been or will be counted as satisfying a matching requirement of another Federal grant or award
may not count as satisfying the matching contribution requirement for the HOME program.
Pursuant to Florida administrative Code 67- 37.007 the State Housing Initiatives Partnership
Program funds may be used as required match for HOME eligible activities.
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documentation/certification of
completion, fmal waiver of lien,
permit close, if applicable out and 4
units rehabilitated and satisfaction
of match requirement
Match
Submission of supporting
Quarterly
documents may also include cash or
in kind documentation; to include
canceled checks, banking
statements, invoices; additional
documentation may be requested
1.3 TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start effective the date of the execution of this
agreement and shall end on 3CP day of September 2015. Rehabilitation activities shall be
completed by 2015 and the affordability period shall cease in 2025. The term of this Agreement
and the provisions herein may be extended by amendment to cover any additional time period
during which the SUBRECIPIENT remains in control of HOME fiords or other HOME assets,
including program income.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available SIXTY THOUSAND DOLLARS ($60,000.00)
for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the
aforestated amount including, without limitation, any additional amounts included thereto as a
result of a subsequent amendment(s) to the Agreement, shall be referred tows the "Funds ").
Modifications to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% between project
components shall only be made with board approval.
SUBRECIPIENTS are required to competitively bid and must ensure that every purchase
order or contract executed for federally- assisted projects comply with all other Federal
requirements and applicable LABOR provisions. SUBRECIPIENT must include in each contract
HUD form 4010 when contracting for services or goods related to a Federal award.
Match Pursuant 24 CFR 92.218
Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds
when identified as an eligible source, such as contributions to housing activities that qualify as
affordable housing under the HOME program throughout a fiscal year. Contributions that have
been or will be counted as satisfying a matching requirement of another Federal grant or award
may not count as satisfying the matching contribution requirement for the HOME program.
Pursuant to Florida administrative Code 67- 37.007 the State Housing Initiatives Partnership
Program funds may be used as required match for HOME eligible activities.
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The County shall reimburse the SUBRECIPIENT for the performance of this Agreement
upon completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of HOME funds until funds are needed for the
payment of eligible costs, and all disbursement requests must be Iimited to the amount needed at
the time of the request. However, invoices for work performed are required every month.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this agreement. If no work has been performed during that month, or if the
SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required.
Explanations will be required if two consecutive months of $0 invoices are submitted. Payments
shall be made to the SUBRECIPIENT when requested as work progresses but, not more
frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to
perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days without written authorization
from the Grant Coordinator will not be reimbursed. The County Manager or designee may
extend the term of this Agreement for a period of up to 180 days. The extension must be
authorized prior to the expiration of the agreement. The extension must be authorized in writing
by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant
compliance and adherence to any and all applicable local, state or Federal requirements. Payment
will be made upon receipt of a properly completed invoice and in compliance with §218.70,
Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly,
payments will be made on a cost reimbursement basis. Each request for reimbursement shall
identify the associated project and approved project task(s) listed under this Scope of Work. The
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
above. The Grantee must provide adequate documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is
not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR
Part 85 and may impose requirements upon the Developer in order for the County to remain
compliant with its obligation to follow 24 CFR Part 85. The Developer will use adequate internal
controls, and maintain necessary source documentation for all costs incurred and adhere to any
other accounting requirements included in this Agreement.
1.6 NOTICES
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Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Priscilla Doria, Grant Coordinator
Collier County Government
Housing, Human & Veteran Services Department
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:PtiscillaDorig@Colliergov.net
Phone: 239 - 252 -5312
SUBRECIPIENT ATTENTION: Mr. J. Scott Eller, CEO
Community Assisted & Supported Living, Inc.
(CASL)
1401 160' Street
Sarasota, FL 34236
scoff .eller6alrenaissancemanor.org
941 -365 -8645
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit and in compliance with 24 CFR 92.504.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A -133.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR
92.508 to determine compliance with the requirements of this Agreement, the HOME Program
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and all other applicable laws and regulations. This documentation shall include, but not be
limited to, the following:
A. All records required by HOME regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and
other data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for the purpose of this Agreement shall be made available to the
COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or
HRVS. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching funds and
Program Income. These records shall be maintained to the extent of such detail as
will properly reflect all net costs, direct and indirect labor, materials, equipment,
supplies and services, and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
records in an orderly fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible
with the information technology systems of the public agency.
E. The SUBRECIPIENT shall maintain records showing compliance with the Davis -
Bacon Law, including files containing contractor payrolls, employee interviews,
Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT
shall maintain records showing contractor compliance with the Contract Work
Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain
records showing compliance with federal purchasing requirements and with other
federal requirements for grant implementation.
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be, SU13RECIPIENT will be responsible for the creation and maintenance of
income eligible files on clients served and documentation that all households are
cligibLe under HUD hmon-w Guidelines. The SUBRECIPIENT agrees that HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. S".'-TBRECIPIENT shall provide the public with access to public records on the
same terms and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law. SUBRECIPIENT shall ensure that public records that are
ty.e;mpt or cunfidt-ftAW and exempt from public records disticvswe TequixtmenL-,
are not disclosed except as authorized by law.
During thr,, ttrm, SUBRECLPIENT shall submit an annual audit n port &-id mowtorhig
repoilt (Exhibh F-) to the COUNTY no later than one hundred eighty (180) days after the
KiBREMP10,4T's fiscal year end. The COLTNfY wj-T-I conduct an annual financial and
pr,lgganimatic review.
-,n,=Sth-aV&N8 V411 Zwly zyatnz
mo 'o 'I and
dng visi, " evaluition activities as determined 2% ,ft %`,ha COIDWTY's
di,s,"IrIlluon- t.ht�y may ;Pa pose a reasonable monitoring charge. F-- , ba-sed -�ny average staff
A. I - IS are
anad costs, 0 materials. Ongoing monitoring fees rnF-3, be included in the project
Ms':.,,-rvqifing- in addition, the COUNTY shall at a minimum, conduct inspections every two
yep-rs in accordance with 24 CFR 92.504(d)(i) and HQS inspections shall be completed in
acco7dance,mfth 24 CFR 92.209(i). Also, at the COUNTY's discretion, a dlesk top review ofth^
aa,x--1,1-,,1ies may conducted in lieu of an on-site visit. The continuat , 'on of phis, Agrcmrx-nt is
depl-D,dent upon satisfactory evaluations. The SUBREMENT shall, upon the request of
141-17S, submi,1 ir;formation and status reports required by HHVS or HUD to -sable 14HVS to
evaluate,- said progress and to allow for completion of reports reqidred. The SUBRECIPIENT
SUZ11 alflow JJHVS� or H-Ul) to Tnonitor the SUBRECIPIENT ca site. Sucla she visits may be
Muted or lmsc2xjuled as determined by HHVS or HUD.
- The COUNTY wrill monitor the performance of the SUBRECIIIIENT based on goals and
PeViloi-ManCe staindards as stated with all other applicable federal, state and local laws,
and polj'dies governing the Ruads provided under ihis Substandard
pert ex as dek-minined ley the COUNTY will constitute noncompliance with this Agreement.
If CoTr(-'efive action is not taken by the SUBRECIPTENT within a reasonabic perind of time after
being noi ' i2ed by,6rr COLRI,41T.17, contract suspension or temiination przvct�dtires vt4llk be initiated.
"—u(:�--s tul provide ITUD, the HUD Offilce Of :2131ple!ftor Gepc�ml, dle Gcii.-. tal
GJF-Elzo. tine COU-NTY or the COLJNITY's inteinal audi.10i7i"-" are s to all records
aGUvities an tals agreement.
2.4 CO-RI-RECTIVIT ACTION
CM-,.
HOKE I 4-�111
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Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this contract. Penalties may be imposed for failures to
implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013 -228, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Recipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for
escalation for non - compliance is as follows:
1. Initial non - compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non- compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o -The County may require upwards of five percent (5 %) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity maybe considered in violation of Resolution No. 2013 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non - compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the HOME investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10 %) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all funds disbursed by the County for project that was
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terminated. This includes the amount invested by the County for the initial
acquisition of the properties.
o The entity will be considered in violation of Resolution No. 2013 -228
If in the case the Entity has multiple agreements with the Department and is found to be non-
compliant, the above sanctions may be imposed across all awards at the discretion of the Board
of County Commissioners.
2.5 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolukian of rmmitc ring findings identified pursuant to
this Agreement as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the I day of January, April, July and October respectively for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to
include, a comprehensive final report covering the agreed -upon Program objectives, activities
and expenditures and including, but not limited to, performance data on client feedback with
respect to the goals and objectives set forth in Exhibits "C and W. Exhibits "C and D"
contain an example reporting form to be used in fulfillment of this requirement. Other reporting
requirements may be required by the County Manager or their designee in the event of Program
changes; the need for additional information or documentation arises; and/or legislative
amendments are enacted. Reports and/or requested documentation not received by the due date
shall be considered delinquent and may be cause for default and termination of this Agreement.
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLL4,NCE
The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 92 of
HOME Investment Partnerships Program Grants including subpart H of these regulations, except
that (I) the SUBRECIPIENT does not assume the recipient's environmental responsibilities
described in 24 CFR 93.352 and (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Parts 50 and 58.
The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local
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lays, regmdati-:)ns, and polides,, gioveming the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
supplant (ands ooze ise available.
WINiE TFITMAU, RULE PROWSIGN: Due to the implementation of the HOME Rules
.7
apply and are hereby incorporated by
JUPT RCE w-NNIFLOYE E RELATIG, SYn. P NOT CREATED
cuntaizle/'. in this Asr�=nient is intended to, or shall be construed in any manner,
or Oho ol" 1-frViever/employee between the parties. The
conLmctor of the County with resp-cet to
n-1
de�
....lo" Z tais kz.-torraent. IF Grantee shall be exempt from payment
a Te�irornenf, life an&fo-r medical insurance and
'y
'V!0 Cis, cxnpunsLumn hnsurancz, as the is independent of the County and an
r6latiorsbirs v-,ill nc&"br, creema.
� .4 AMENDYIE INTS
"T 'By",
0!, t� L J --ii, 1. 71:' J N4 i .M ay e,n d Cis Aggreer iont at any time pro i ri ded that
rok"'17 �-' Ce t�� 1 hus zmd are e cu� d in writina, sigried
Sit "S' ;U'7_�, Z I me le
a 6�ilv 3,1""KI 01-aB_iza'don' and approved by the Grantee's
bod�'% S3U'_"`i PLnundintatis silall not invaliL-te 61iis Agrex=nt, nor relieve or release the
G,,'_-aztee or SUBRECIPIENT horn its obligardons und-_r this Agreement.
y
lay, 'ir if Eta sla`.} ', zs Agrc=-nt tc, confor in witli Fod-o-ral,
`ra:idelincs, n'-Lcie- znd ?vailablc ftuiding, amounts, or for other
k� -
If sac-�-;. rtsult in a, cl'm3P.Pc "he fixoding, Lhe scope ofservices, or schedule
.Z'
of J-1 adivitikes tr, be imdey iaker, as z. t of Us ,kgze(,--raea.t, such modifications wrill be
im"-J-por'aled b- b3fil l Gjmmtee and SUBIUCIPIENT.
L"J-.'EC1PJR_,NjT flocs not complete the project vvithin
--orne- may subject to HOME program
requirements, grant a curnuiative time cyfension of no more than 180 days and modify any
3x- -T -,-- - 1. 1., 1, ,
I T
F,"s c from HG -, , t . ds f om IF
NT gmn fun r JD
and -._a _ utl oonnp.!"M;_� .-' Y:zJ'l of POUD's Pales and rc-ulations and any
gg
dk H1 n this in
-IND 1-10M01-3 Am& pertainj g to Ag= ent.
In di-, cvent of mr no - prod, ction of said federal funds, the financial sources
nec ary to
ci, of any poftions of the finds will not be
1U]NITY -
avail abic. In f"!-,.,_J C 'dna'x, dais Agreenient, which tem6nation shall be
effe,f.'ive Fs of the 6a- thjFi - is by 11-� Coir-,,c� Mlamagger or designee, in his-her sole
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discretion and judgment, that the funds are no longer available. In the event of such termination,
the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any
individual member of the County Commissioners and /or County Administration, personally
liable foi the pafflrmance of this Agrecxnent, and the COUNTY shall bt released frofn all'y
finther liability to SUBRECIPIENT under the terms of this Agreement. There are no funds being
granted in association with this Subrecipient Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers, agents and employees from any and all claims,
liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission,
includinj, but not limited to, reasonable attarneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the "RECIPIENT or
any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees,
invitees, or any persons acting under the direction, control, or supervision of the
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. The SUBRECIPIENT
shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend
all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and
judgments which may issue thereon. This Indemnification shall survive the termination and/or
expiration of this Agreement. This section does not pertain to any incident arising from the sole
negligence of Collier County. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section
shall survive the expiration of termination of this agreement.
3.7 GRANTEE RECOGNITION /SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
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In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination, the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a partial termination, the Grantee determined
that the remaining portion of the award will not accomplish the purpose for which the award was
made, the Grantee may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement:
A. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper
manner its ebligatians udder this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect.
E. Submission by the SUBRECIPIENT of any false certification;
F. Failure to materially comply with any terms of this Agreement; and
G. Failure to materially comply with the terms of any other agreement between the
County and the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement, the County may
seek any combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the County of all HOME
funds the SUBRECIPIENT has received under this Agreement,
D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be
applicable;
E. Stop all payments until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to the SUBRECIPIENT of
such termination and specifying the effective date of such termination. If the
Agreement is terminated by the County as provided herein, SUBRECIPIENT
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shall have no claim of payment or claim of benefit for any incomplete project
activities undertaken under this Agreement.
3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and
in addition to any and all other remedies available to the COUNTY (whether under this
Agreement or at law or in equity), and the SUBRECIPIENT has not provided the required end
use beneficiaries, the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on
hand at the time of termination (or expiration) and any accounts receivable attributable to the use
of HOME.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds, as the COTi)TY may deem necessary.
The County will enforce affordability for the property through deed restrictions upon completion
of the project.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this
Agreement until all insurance required under this Section and outlined in Exhibit "A" has been
obtained, and carried, at all times during its performance.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant
Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
(24 CFR Part 85; Part 84 for non - profits), and the federal regulations for the HOME funds (24
CFR 92 et seq.).
3.12 PURCHASING
SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasing Threshold Policy
Dollar Range
Quotes
Under $3K
1 Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid B)
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3.13 PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The SUBRECIPIENT may close out the project with the County
after the affordability period on each unit has been met. Activities during this closeout period
shall include, but not be limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, program income balances, and
receivable accounts to the COUNTY), and determining the custodianship of records. In addition
to the records retention outlined in Section DCB.4, the SUBRECIPIENT shall comply with
Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A
conflict between state and federal law records retention requirements will result in the more
stringent law being applied such that the record must be held for the longer duration. Any
balance of mobligated fimds which have been advanced or paid must be Tehuned to the
COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled
under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information that complies with Section 215.97,
Florida Single Audit Act. The County requires a recorded Mortgage, Deed and Note for each
property upon completion of each HOME unit as applicable. SUBRECIPIENT shall execute any
additional documents and provide additional information as may be necessary for the County to
enter into these additional documents.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement.
To the greatest extent feasible, lower - income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community .Development Act of 1968.
3.16 OPPORTUNITIES FOR
BUSINESS ENTERPRISES
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The SUBRECIPIENT will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "small
business" means a business that meets the criteria set forth in section 3(a) of the Small Business
Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a
business at least fifty -one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro- Americans,
Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and
American Indians. The SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
3.17 PROGRAM BENEFICIARIES
Funds invested in dwelling units that are assisted with HOME funds must be occupied by
households that qualify as low- income ( =<84% of AMI) at the time of purchase and occupy the
property as a principal residence.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the
COUNTY's specifications an Affirmative Action Program in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall
provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of
such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds. The Affirmative Action will need to be updated throughout
the affordability period and submitted to County within 30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with the Project, has any personal financial
interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any
manner or degree with the performance of this Agreement and that no person having any conflict
of interest shall be employed by or subcontracted by the SUBRECIPIENT. The
SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 92.356(f)
"Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions
governing conflicts of interest. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate - income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
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reasonable. Approval of a conflict of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects
using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or
its employees sha11 bt disclostd in W rift to'HHV9 provided, h4Wtvtr, that tbis PW?Waph shall
be interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
HOME funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 92.257. The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows;
a. It will not discriminate against any employee or applicant for employment on the
basis of religion. and will not Iimit employment or give preference in employment to
persons on the basis of religion
b. It will not discriminate against any person applying far public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
e. It will retain its independence from Federal, State and local governments and may
continue to carry out its mission, including the definition, practice and expression of
its religious beliefs, provided that it does not use direct HOME funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, HOME
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to HOME funds in this part. Sanctuaries, chapels,
or other rooms that a HOME funded religious congregation uses as its principal place
of worship, however, are ineligible for HOME filnded improvements.
3.21 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid,
such a determination shall not affect the validity or enforceability of any other section or part
thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 92 as amended- All the regulations regarding the HOME program
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4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
htt ,r):/ /www.ecfr.govlcai- bin/text-
idx ?c= ecfr&tpl Jecfrbrowsell-itle24 124cfr58 main 02.tpl
4.3 Title II of the Cranston - Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et
seq.). Regulations at 24 CFR part 92.
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair
Housing Act. ht!p://www.hud.gov/offir-es/fheo/librarAuddoistatem �df
E.O. 11063 — Equal Opportunity in Housing
httu:ffnz iW hud.& vfhud talt3hUDI§rpff Twg n offims/fau housing e%L9 oppf cf`4
Laws/EXO1 1063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http : / /www.archives.moy /federal- register /codification /executive - order / 12259.html
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http: / /www.law.comell.edu/cfr/text/24 /part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of
1968 as amended
http:// portal.hod.g_ov/hudporW/HUD ?src= grogram ofFces/fair huusingectual opa /prop
desc/title8
4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
4.7 Executive Order 1 1246 ("Equal Employment Opportunity'), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations. EO 11246: hlW://www.ecoc.gov/eeoc/Iiistory/35tli/thelawleo-I 1246.html
EO 11375 and 12086: see item #8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT; state that it
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is an Equal Opportunity or Affirmative Action employer.
http: / /www.eeoc. off, v/laws /statutes/titlevii efm
49 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of
the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24
CFR 135, and all applicable rules and orders issued hereunder prior to the execution of
this contract, shall be a condition of the Federal financial assistance provided under this
contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
RECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the SUBRECIPIENT and any of the RECIPIENT's Sub -
recipients and subcontractors, their successors and assigns, to those sanctions specified
by the Agreement through which Federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low - and very
low- income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low - income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead -based paint hazards), housing construction, or other public
construction project are given to low- and very low - income persons residing within the
metropolitan area in which the HOME- funded project is located; where feasible, priority
should be given to low- and very low - income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low -
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low - income
persons residing within the metropolitan area in which the HOME - funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low- income residents within the service area or
the neighborhood in which the project is located, and to low- and SUBRECIPIENT very
low- income participants in other HUD programs.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http; / /www.ecfr.aov /cgi
bin/ text- idx? c= ecfir& tpl %cfrbroNvse/Title24 /24cfrl35 main 02.1p1
4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375,11478,12107 and 12086.
Age Discrimination Act of 1975 - http: / /www.dol.00v /oasam/regs /Statutes/age act.htrn
11063:htlp: / /portal.hud. ovportaVHUD ?src— /program offices /fair housing equal o
pp/FHLaws/EXOI 1063
11246: http : / /www.eeoc.gov /eeoc/his!gr /Y 35th/thelaw /eo -I 1246.html
11375: Amended by EO 11478
11478: http: / /ivww.archives.gov /federal - register /codification /executive- order /I1.478.html
12107: http: / /ivmr%v.archives.gov/ federal - register /codification /executive- order /12107.html
12086: http: / /www.archives.gov/ federal - resister/ codification /executive - order /12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
http://usaceengineeringpamplets2.tpub.com/EP-1 180-1-1/EP-1 180-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5), 24 CFR 92.251
Section 504: http;// www .gRa.goy /eivilritzhts /sec504.htm
29 USC 776: http: // law .onecle.com /uscode/29 /776.html
4.13 The Americans with Disabilities Act of 1990
http / /ivww.fliwa. dot.gov /realestate /ualindex.bttn
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. http:// www. fliwa. dot.gov /realestate/ua/index.htm
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded
by HOME. (See 42 USC 276a and 24 CFR 135.11(c).
29 CFR Part 3- Contractors and Subcontractors on public building or Public Work
Financed in whole or in part by Loans or Grants from the United States -
http:/ /www.law.comell.edu/cfr /text/29 /part-3
29 CFR Part 5- Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (Also Labor Standards Provision Applicable
...Subject to the Contract Work Hours and Safety Standards Act)
http:// www.la-vv.comell.edu/cfr/text/29 /part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. htt /p /www.presidenc .ucsb.edu/ws /index.php ?,pid =23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79 -45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
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E.O.11625 Prescribing additional arrangements for developing and coordinating a
national program for minority business enterprise http:/ /www.mbda.gov /node /333
HUD Circular Letter 79 -45: No reference found
4.17 The SUBRECIPIENT agrees to comply with the non - discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5
Subpart A, as revised by Executive Order 13279.
E.O. 13279: http:// fedgovcontracts .corn/ne02- 192.htm
4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
h! tp:// wsvw. ncbi .nlm.nih.gov /nubmed/12289709
4.19 Immigration Reform and Control Act of 1986
http:/1 www. eeoc. g„ ov/ eeoc /Iiistory/351h/thelaw /irca.html
4.20 Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Florida Statutes -
http:// www .lawserver.com/law /state/florida /statutes /Borida statutes chapter 112 part iii
Collier County -
bqp: /IbccspO l / SiteDirectory /ASD /HR/labor /CMAs/ Shared %20Documents /CA4A%20531
1.1 % 20Standards %2OoP" /o2OConduct.pdf
4.21 Order of Precedence In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the
Contract Documents cannot be resolved by application of the Supplemental Conditions, if
any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
4.22 Venue -Any suit of action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, FL which courts have sole jurisdiction on all
such matters. (No reference required for this item).
4.23 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. Any situations when negotiations,
litigation and/or mediation shall be attended by representatives of the SUBRECIPIENT
with full decision - making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation
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between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the
State of Florida. Should either party fail to submit to mediation as required hereunder,
the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if
in state court and the US District Court, 20'b Judicial Court of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER. COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
http: l/ www .fisenate.goyyUws/Statutes/2010 /44.102
4.24 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http: / /www. law .comell.edu /uscode /text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http// www .law.comell.edu/uscode/text/33 /chapter -26
The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http: / /w%vw. law .cornell.edu /uscodchext/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http// www .law.comell.edu/uscode /text/33 /chapter -26
4.25 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 58), the SUBRECIPIENT shall assure that for activities located in
an area identified by FEMA as having special flood hazards, flood insurance under the
National Flood Insurance Program is obtained and maintained. If appropriate, a letter of
map amendment (LOMA) may be obtained from FEMA, which would satisfy this
requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-
bin/text-
idx ?c= -ecfr& SID= eba4Obdb52822d80827a48bced5bOb56 &ran =div8 &view= text&node =2
4 :3.1.1.3,4.11.1.6 &idno =24
4.26 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -
Based Paint Poisoning Prevention Act found at 24 CFR 92.355
4.27 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
http : / /www.aps.gov/histoo /local- law /nh,Qa1966.1itm
http: / /www.ecfr. ov/cg- bin/text-
idx? c= ecfr &tpl = /eefrbrowse /Title36/36cfr8O0 main 02.tpl
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In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a federal, state or local historic property list.
hgp://www.nps.p,ov/history/loa-law/nhpal966.htm
4.28 The SUBRECIPIENT must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
http : / /us- code.vlex.com /vid/drue- free - work, place - requirements- contractors - 19242870
4.29 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR S Subpart A.
4.30 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States, local governments, and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow.
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non -Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
OMB Circular A87: http : /hvmv.,.vliitehouse.gov /omb /circulars a087 20041
OMB Circular A102 :http: / /wwNv.NvMtehouse.gov /omb /circulars a102/
OMB Circular A2I :http: / /www.whitehouse.gov /omb /circulars x021 2004/
OMB Circular Al10:hgp : / /www.whitchouse.gov /omb /circulars al 10/
OMB Circular A122:hU://www.whiteliouse.p-ov/omb/Circulars a122 2004/
4.31 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A -133,
Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http : / /www.whitehouse.gov /omb /circulars /a133 compliance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant, This has always
been an eligible cost; the amendment clarifies and codifies this.
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4.32 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of HOME including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or pert with HOME
funds in excess of $25,000, must adhere to the HOME Regulations at 24 CFR 92.35.3
bM : / /www.fhwa.dot.govlrealestate /ua/index.htm
h /itp / www. law.comell.edu/cfr/tr,xt/49/24.101
4.33 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a), Morida Statutes.
http:// www. lawserver. com/ law /state/florida/statutes/florida statutes 287 -133
4.34 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
If any fluids other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grans, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure
Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all sub- awards at all tiers (including subcontracts, sub - grants,
contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENT's shall certify and disclose accordingly.
4.35 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.36 Any rule or regulation determined to be applicable by HUD.
4.37 Florida Statutes 713.20, Part 1, Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?ARP mode --Display Statutc<RL=0700-
0799/0713/0713.html
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4.38 Florida Statutes 119.021 Records Retention
lit tpJ /www.lawserver.com/law/ state /florida/statutes/1lojida statutes 119 -021
4.39 Florida Statutes, 119.071, Contracts and Public Records
l,ttn. / /www.leg.state.fl.us /Statutes /l`ndex.cfm ?App mode = Display Statute& TRL =0100-
0199/0119/Sections/0119.07.html
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PART V
HOME Requirements
5.1 Project Requirements for Subrecipients
The SUBRECTIENT is required to conform to the following requiemerts and
regulations as stated below:
24 CFR 92.504(c)(2)
(i) Use of the HOME funds. The agreement must describe the amount and use of the HOME
funds for one or more programs, including the type and number of housing projects to be funded
(e.g., the number of single- family homeowners loans to be made or the number of homebuyers to
receive downpayment assistance), tasks to be performed, a schedule for completing the tasks
( including a schedule for vammitting finds to pr%ects m =ardance with deadlines established
by this part), a budget, any requirement for matching contributions and the period of the
agreement. These items must be in sufficient detail to provide a sound basis for the participating
jurisdiction to effectively monitor performance under the agreement.
(ii) Program income. The agreement must state if program income is to be remitted to the
participating jurisdiction or to be retained by the subrecipient for additional eligible activities.
(iii) Uniform administrative requirements. The agreement must require the subrecipient to
comply with applicable uniform administrative requirements, as described in §92.505.
(iv) Other program requirements. The agreement must require the subrecipient to carry out each
activity in compliance with all Federal Iaws and regulations described in subpart H of this part,
except that the subrecipient does not assume the participating jurisdiction's responsibilities for
environmental review under §92.352 and the intergovernmental review process in §92.357 does
not apply. The agreement must set forth the requirements the subrecipient must follow to enable
the participating jurisdiction to tarty environmental review responsibilities before HOME funds
are committed to a project.
(v) Affirmative marketing. The agreement must specify the subrecipient's affirmative marketing
responsibilities in accordance with §92.351.
(vi) Requests for disbursement of funds. The agreement must specify that the subrecipient may
not request disbursement of fiends under the agreement until the funds are needed for payment of
eligible costs. The amount of each request must be limited to the amount needed. Program
income must be disbursed before the subrecipient requests funds from the participating
jurisdiction.
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(vii) Reversion of assets. The agreement must specify that upon expiration of the agreement, the
subrecipient must transfer to the participating Jurisdiction any HOME funds on hand at the time
of expiration and any accounts receivable attributable to the use of HOME funds.
(viii} Records and reports. The agreement must speci% the parki"eular records that, must be
maintained and the information or reports that must be submitted in order to assist the
participating jurisdiction in meeting its recordkeeping and reporting requirements.
(ix) Enforcement of the agreement. The agreement must specify remedies for breach of the
provisions of the agreement. The agreement must specify that, in accordance with 24 CFR 85.43,
suspension or termination may occur if the subrecipient materially fails to comply with any term
of the agreement. The participating jurisdiction may permit the agreement to be terminated for
convenience in accordance with 24 CFR 85.44.
(x) Written agreement. Before the subrecipient provides HOME funds to for -profit owners or
developers, nonprofit owners or developers or sponsors, subrecipients, homeowners,
homebuyers, tenants (or landlords) receiving tenant -based rental assistance, or contractors, the
subrecipient must have a written agreement that meets the requirements of this section. The
agreement must state if repayment of HOME funds or recaptured HOME funds must be remitted
to the participating jurisdiction or retained by subrecipient for additional eligible activities.
(xi) Fees. The agreement must prohibit the subrecipient and any community housing
development organizations from charging servicing, origination, or other fees for the costs of
administering the HOME program, except as permitted by §92.214(b)(1).
5.2 .Affordability Requirements
LONG TERM AFFORDABILITY
The HOME- assisted housing must meet the affordability requirements for not less
than the applicable period specified in the following table, beginning after project
completion. The per unit amount of HOME funds and the affordability period that they
trigger are described more fully below under Recapture Provisions.
HOME Required Affordability Period Rental
Affordability Periods ( §92.252(e))
Minimum period of affordability
in years
Rehabilitation or acquisition of existing housing per unit
amount of HOME fields: Under $15,000
5
$15,000 to $40,000
10
Over $40,000 or rehabilitation involving refinancing
15
New construction or acquisition of newly constructed
housing
20
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53 Maximum Per -Unit Subsidy Requirements
The maximum HOME per -unit subsidy may not be increased above 240 percent of the
base limits authorized by §221(dx3)(ii) of the National Housing Act [12 U.S.C.
17151(d)(3)(iii)]. In no case will the County's funding of the Project be less than $1,000
per HOME - assisted unit or more than the maximum per unit subsidy allowed under
24CFR 92.250(a). The maximum subsidy for 2 bedroom units is $157,699.
As a rental housing project, the Affordability Period during which
SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a
maximum of fifteen (15) years depending on the amount assisted per unit. The
Affordability Period will not commence until the Project has met the requirements for
Project Completion outlined in 24 CFR 92.2, which will require that construction be
complete, all HOME funds have been disbursed by the COUNTY and drawn from the US
Treasury, and required completion data has been entered in HUD's IDIS Federal
Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of
completion and the exact date of the expiration of the affordability period, which shall be
calculated based on the date of completion. The COUNTY will record a covenant
running with the land, in form satisfactory to the COUNTY that provides a means for
enforcement of the affordability restrictions of 24 CFR 92.252. The covenant will be
recorded senior to all other financing liens, including the first - position mortgage
referenced above, and be enforceable against all successors in interest to Collier County.
If necessary, the COUNTY may execute an amendment to the Covenant Running with
the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of
expiration of the affordability period. Failure of the project to meet all applicable HOME
requirements for the entire Affordability Period will result in a requirement that all
HOME funds be repaid by the SUBRECIPIENT to the COUNTY.
5.4 Recapture Provisions
Recapture provisions are as follows [24 CFR 92.254 (a)(5)(ii)]:
(ii) Recapture. Recapture provisions must ensure that the participating jurisdiction
recoups all or a portion of the HOME assistance to the homebuyers, if the housing does
not continue to be the principal residence of the family for the duration of the period of
affordability. The participating jurisdiction may structure its recapture provisions based
on its program design and market conditions. The period of affordability is based upon
the total amount of HOME funds subject to recapture described in paragraph
(ax5)(ii)(A)(5) of this section. Recapture provisions may permit the subsequent
homebuyer to assume the HOME assistance (subject to the HOME requirements for the
remainder of the period of affordability) if the subsequent homebuyer is low - income, and
no additional HOME assistance is provided.
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date first written
above.
ATTEST:
DW TE.BROCK RK
est as #o C it ,f Deputy Clerk
z planafltro nrlt� . ,;
Dated: o! ;"t t
Witness
KI
Name -and Title
Witness i
Name andfritle
Approved as to fo(r�m and legality:
Jennifer . Belpedio
Assistant County Attorn
BOARD OF TY MISSIONERS OF
COLLIER COU Y, FL A
By:
TOM HENNING, CHAIRMAN
CommUni Ass'sted and Supported Living, Inca
By:_ 1114017
J cotfEller, CEO
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Na,II UR
EXFIIBIT "An
INSURANCE REQUIREMENTS.
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificates) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations
insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with this contract in an amount not less than
$1,000,000 combined single limit for combined Bodily injury and Property
Damage. Collier County shall be named as an additional insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the
licensed design professional employed by the SUBRECIPIENT in an amount not
less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums
which the SUBRECIPIENT and/or the design professional shall become legally
obligated to pay as damages for claims arising out of the services performed by
the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract This insurance shall be maintained for a period of
two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1— 4 above, the SUBRECIPIENT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of
insurance coverage prior to any construction:
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5. Completed Value Builder's Risk Insurance on an ";All Risk" basis in an amount
not less than one hundred (100 %) percent of the insurable value of the building(s)
or structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
UPERATIONMANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance
must be kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations
insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with this contract in an amount not less than
$1,000,000 combined single Iimit for combined Bodily Injury and Property
Damage, Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than
one hundred (100 %) of the replacement cost of the property. Collier County must
be shown as a Loss payee with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of
coverage available through the National Flood Insurance Program (NFIP). The
policy must show Collier County as a Loss Payee A.T.I.M.A.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
SECTION I: REOUEST FOR PAYMENT
Sub recipient Name: Community Assisted and ftyorted Living, Inc. (CASLI
Sub recipient Mailing Address: 1401 16'h Street, Sarasota, FL 34236
Project Name: Rehabilitation of Multi- Family Rental Housing
Agreement No: HM14 -01 Payment Request #
Total Payment Minus Retaimge: $
%iod of Availability ibrouAh
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1.
Grant Amount Awarded
$
2.
Sum of Past Claims Paid on this Account
$
3.
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
$
4.
Amount of Previous Unpaid Requests
$
5.
Amount of Today's Request
$
6.
10% Retainage Amount Withheld
7.
Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
$
I certify that this request for payment has been made in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best
of my knowledge and belief, all grant requirements have been followed.
Signature
Title
Date
Grant Coordinator Grant Accountant
Supervisor (approval required $15,000 and above)
Dept Director (approval required $15,000 and above)
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a
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The Subrecipient shall submit quarterly reports to Grantee based on the following schedule.
Reports shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period
Report Due Date
Itob
0- er I"— December 3V
th
January 10
January 31 March 31St
April 10'
April I' —June 30
July I` — September 30"
JUIV lot,
October 10"
Acti-vai, TZer;0itin,--Y Period:
Contact Person:
Telephone:
-JAN
_j
Email:
GENERAL
1. Activ4 Status or Nfilestones — describe any significant actions taken or outcLnn,--s
a, -,hi,—;ved during this reporting period,
2. tUt-.m�, Actions — what significant actions or outcomes are expeck-4 during 'dic acxt
reporting period?
3. Oi,s,� --ies-- describe any potential obstacles, challenges, or issues ffiseynay canuse
Pag
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ACTIVITY STATUS
Complete the following information by entering the appropriate numbers for this reporting
period in the tables below. Do not duplicate information from previous reporting periods.
Activity
This Re r in Period
No. Active Projects
White
No. Projects Complete
No. Properties Sold
TOTAL
Asian
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data
This Reporting Period
No. Extremely-Low Income Households 0 -30% AM)
White
No. Very-Low Income Households 1 -50% A Q
No. Low-Income Households 51 -80%
No. Female Head of Households
Asian
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race
Total
No. Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian cmd White
Black/African American and White
American Indian/Alaskan Native and Black /African American
Other Multi - Racial
TOTAL
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N
4: II I
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
12/8/2015 16.D.12.
Grantee is required to submit to HUD, through the Integrated Disbursement Information System
( "IDIS ") 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 HOME program.
2. FINANCIAL DATA
Provide (1) program funds expended and (2) program funds obligated..
3. ACTIVITY PROGRESS NARRATIVE
Described rehabilitation progress and include an updated project work plan/schedule
4. PROPERTY DATA/DEMOGRAPHIC DATA
For each unique address grantee must provide in detail (1) Lead Based Paint Status, (2)
Costs associated with the property (HOME assistance and the amount of any private
finds contributed), (3) Beneficiary information (Race, Ethnicity, Income Level, Female
head of household), (4) Number of Bedrooms.
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EXHIBIT "E"
INCOME CERTIFICATION'
INSTRUCTIONS
Submit completed form, including appropriate supporting documentation to Grantee to obtain
approval prior to the sale or Iease 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
l
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member
Asset Description
Cash Value
Income
from Assets
I
2
3
4
5
6
7
8
Total Cash Value of Assets B(a)
Total Income from Assets B(b)
If line B(a) is greater than $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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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages/
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime
1
(Enter the
greater of
2
box B(b) or
3
box B(c),
4
above, in
box C(e)
below)
5
6
7
8
(a)
(b)
(C)
(d)
(e)
Totals
Enter total of items C(a) through C(e).
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximunn
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are
true and complete to the best of my /our knowledge and belief and are given under penalty
of perjury.
WARNING: Florida Statutes 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
Signature of Spouse or Co -Head of Household Date
Adult Household Member (if applicable) Date
Adult Household Member (if applicable) Date
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E. HOME Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item of this Income Certification islam eligible under the. provisions of the HOME.
The family or individual(s) constitute(s) a:
Extremely -Low Income (ELI) Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ _ ).
Very Low - Income (VLI) Household means and individual or family whose annual
income does not exceed 50 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
Low - Income (LI) Household means and individual or family whose annual income does
not exceed 60 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 $ 1.
Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical
Area (MSA) of Collier County, Florida.
Signature of the HOME Administrator or His/Her Designated Representative:
Signature
Date
Printed Name Title
F. Household Data
Number of Persons
By Race / Ethnicity
By Age
Native
American
Indian Asian
Black
Hawaiian or
�e,p White
Other
0 -25
26 -40
41 -61
62+
Islander
His
an ic
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' f6F"
ANNUAL AUDIT MONMRING REPORT
OMB Circular A -133 Audits of States, Local Govemments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name
Fiscal Year
Period
Total State Financial Assistance Expended during
$
.most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
F$
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
❑
indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
❑
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
I.■ "VAU 51%JLUU, IC000 =11LAU00 0 U%JVY Ul UIV lUbpUlIbUb dFlU UUFFUGUIVe action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Tide
I-Ins Corm may be used to mouffor Florida Single Audit Act (Statute 215.97) requirements.
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Grant # - M- 14 -UC -12 -0217
CFDA/CSFA# - 14.239
SUBRECIPIENT — Community
Assisted and Supported Living,
Inc.
Agreement # HM14 -01
DUNS # - 940621519
IDIS # 492
FEID # - 65- 0869993
Fiscal Year End: 12/31
Monitoring Deadline: 10/2025
2026
THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. (CASL)
THIS AMENDMENT is made and entered into this day of , 2015, by and
between "Community Assisted and Supported Living, Inc." a private not - for - profit
corporation existing under the laws of the State of Florida, herein after referred to as
"SUBRECIPIENT ", having its principal office at 1401 16th Street, Sarasota, Florida 34236 and
"Collier County, Florida, having its principal address as 3339 E. Tamiami Trail, Naples FL
34112, hereinafter to be referred to as "COUNTY ", collectively stated as the "PARTIES."
WHEREAS, on September 23, 2014, the COUNTY entered into an agreement with the
HOME Investment Partnerships (HOME) Program funds to be used for the 2014 Community
Assisted and Supported Living, Inc. (CASL) HOME Rehab Project (hereinafter referred to
as the "Agreement "); and
WHEREAS on June 9, 2015, Item 416D17, the COUNTY approved the first
amendment to conform to the Department of Housing and Urban Development's HOME
requirements regarding the records retention period; and
WHEREAS on September 22, 2015, Item #16D7, the COUNTY approved the second
amendment to extend the project completion date in order to achieve full expenditure of HOME
funds; and
WHEREAS, the Parties desire to extend the project completion date in order to achieve
full expenditure of HOME funds and modify housing units to meet ADA Section 504 standards.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree to amend the Agreement as follows:
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Words Stvdiek--T4tr-augh are deleted; Words Underlined are added
PART I
SCOPE OF WORK
FPO 117- -'AILS
u: rxo=<ance Deliverables
The Following Table Details the Project Deliverables
Proararn Deliver-able
Deliverable Supporting
Submission Schedule
Documentation
Policies
Policies as stated in this
Within thirty (30) days of
S c �,3!
agreement
A regiment Execution
Inspection Form
Prior to Occupancy and annually
thereafter until =�- 2026
Insurance Certificate Exhibit A
Annually within thirty (30) days
of renewal until 28242026
T 11-o-iect Bch�,-dule
Project Schedule
Within thirty (30) days of
Agreement Execution
And Specifications
Site Plans and Rehabilitation
Prior to start of Rehabilitation
Specifications
Exhibit E
Prior to Occupancy and
recertification of tenants
annually thereafter until
242-S2026
lission of P-rogress Report
Exhibit C & D
Monthly until completion of
rehabilitation. Quarterly Reports
until full occupancy. Annually
thereafter until 2422-42026
Cc-m-Nance Audit
Exhibit F
Annually one hundred eighty
(180) days after FY end until
242-S2026
�Coj,,Jinult�dl Us'- (-,crt-,Xflcation
Continued Use Affidavit
Annually until N,'L.S2026
,!U!-"T l-'sCs
Copy of lease document
Prior to occupancy
1 C)ccupan„y ancf T,; ant Income
OccupancyNacancy Report
Annually until 242-S2026
Report E,nd Rental Rate Report
C
Re�tab of rinft� um,-,�, Lci
Z
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1.3 TIDE OF PERFORMANCE
S07kTices of the SUBRECIPIENT shall start effective the date of the execution of this
aereernie -t r shall end Deeember-31� March 31, 2016. Rehabilitation activities shall be
completed by W-14-2016 and the affordability period shall cease in 242-5 2026. The term of this
Agreement and the provisions herein may be extended by amendment to cover any additional
tir 7e
period during, which the SUBRECIPIENT remains in control of HOME funds or other
HOME assets, including program income.
L.6 r O '4' 1-7S
Niotices required by this Agreement shall be in writing and delivered via mail (postage
prepaiC), corrhmerdial courier, or personal delivery or send by facsimile or other electronic
n orrice delivered or send 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 tl,b iw' A- v,ic,i.als in the capacities indicated below, unless modified by subsequent written
o'L;
n P
G �
C
OIM,,TT:
ATTENTION'! B c M u 4f -avert C 0r-d ,t fftE)f
ATTENTION: Jody Paley Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email to: FE22g 0 a- ,eellier -g �
JodyPale,y2collier ,ov.net
2-52 6141 239 -252 -2903
SIGNATURE PAGE ON NEXT PACE
P,21T 1AINDER OF PAGE INTENTIONALLY LEFT BLANK
11-1/1SL
HOME
Rckrb of eru'tz far.;€ y fEeeps Ei <s
arneudrrent '2
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IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on the date
first written above.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Dated:
(SEAL)
Witness
Name and Title
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
TIM NANCE, CHAIRMAN
COMMUNITY ASSISTED AND SUPPORTED
LIVING C. ASL)
By: Z
JISM Eller, C
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