Agenda 07/08/2014 Item #16D 97/8/2014 16.D.9.
EXECUTIVE SUMMARY
Recommendation to approve and execute a modified Developer Agreement clarifying terms with
NR Contractors, Inc. for Request for Proposal (RFP) 14 -6259, "NSP Multi- Family Property and
Program Assumption," (Gilchrist Apartments) and approve an extension of the legal non-
conforming waiver to May 31, 2017, and approve a Minor Amendment to the NSPI Action Plan.
OBJECTIVE: To successfully transfer multifamily rental housing acquired through the Neighborhood
Stabilization Program to a community partner.
CONSIDERATIONS: The Gilchrist Apartments consists of six (6) multi - family buildings each
containing two (2) units, for a total of twelve (12) housing units which were acquired with Neighborhood
Stabilization funds in 2009.
On May 13, 2014, Agenda Item No. 16.D.24, the Board awarded a Developer Agreement to convey the
12 units to NR Contractors, Inc. to rehabilitate and manage the Gilchrist units. Subsequent to the Board
meeting and prior to signature by NR Contractors Inc., HHVS staff members were in discussions with the
NR Contractors Inc. regarding the final turnover of the 12 units.
Those discussions identified the need for additional clarification of terms within the Developer
Agreement as follows:
1. Ensure the common understanding that any rehabilitation, repair or renovation work performed
would be in compliance with the 2010 Building Code and the Department of Housing and Urban
Development's (HUD) Housing Quality Standards (HQS).
2. Provide NR Contractors Inc. with at least six business days notice of any initial onsite inspection
or monitoring visit.
In addition, a Minor Amendment to the NSP I Action Plan is proposed. The modifications will ensure
consistency with the Developer Agreement in regard to Building Code and Housing Quality Standards.
Finally, an extension to the legal non - conforming waiver from March 25, 2016 to May 31, 2017 is
proposed. NR Contractors, Inc. requested the extension based on the cost and extent of the renovation
and repair work required.
FISCAL IMPACT: No general funds are associated with this project. NSP administration is funded
through the grant programs established administration cap.
LEGAL CONSIDERATIONS: Since the Developer Agreement was not signed by NR Contractors it
did not become legally binding. If the Board does not find the terms of the modified Agreement
acceptable, but continues to desire to proceed with the project, it will need to reject the bid and authorize
staff to either reconvene the selection committee or re- solicit proposals. Additionally, the HUD regional
office has opined in writing that the proposed amendment to the Action Plan is not substantial and
therefore does not require a 30 -day public comment period. Accordingly, this item is approved for form
and legality and requires a majority vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: That the Board of Collier County Commissioners: (1) approves and authorizes
the Chairman to sign the modified Developer Agreement and (2) approves an extension of the legal non-
conforming waiver to May 31, 2017 and (3) approves the Minor Amendment to the NSPI Action Plan.
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Prepared by: Geoffrey Magon, Grant Coordinator, Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.9.
Item Summary: Recommendation to approve and execute a modified Developer
Agreement clarifying terms with NR Contractors, Inc. for Request for Proposal (RFP) 14 -6259,
"NSP Multi - Family Property and Program Assumption," (Gilchrist Apartments) and approve an
extension of the legal non - conforming waiver to May 31, 2017, and approve a Minor
Amendment to the NSP1 Action Plan.
Meeting Date: 7/8/2014
Prepared By
Name: MagonGeoffrey
Title: Grants Coordinator, Housing, Human & Veteran Services
6/19/2014 5:02:07 PM
Submitted by
Title: Grants Coordinator, Housing, Human & Veteran Services
Name: MagonGeoffrey
6/19/2014 5:02:08 PM
Approved By
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services
Date: 6/20/2014 10:29:44 AM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services
Date: 6/20/2014 10:29:53 AM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 6/24/2014 11:59:10 AM
Name: Bendisa Marku
Title: Supervisor - Accounting, Housing, Human & Veteran Services
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Date: 6/26/2014 4:18:33 PM
Name: MarkiewiczJoanne
Title: Director - Purchasing/General Services, Purchasing & General Services
Date: 6/30/2014 8:07:13 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 6/30/2014 9:01:26 AM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/30/2014 10:07:57 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 6/30/2014 3:55:21 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 7 /1/2014 11:51:41 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 7/1/2014 1:58:22 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 7/1/2014 2:00:06 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 7/1/2014 4:51:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/2/2014 9:14:45 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 7/2/2014 9:59:12 AM
Name: OchsLeo
Title: County Manager, County Managers Office
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Date: 7/2/2014 11:31:16 AM
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7/8/2014 16.D.9.
Grant #B- 08 -UN -12 -0003
CFDA/CSFA# 14.218
Developer — NR Contractors Inc.
DUNS # - 842006868
FETI # - 65- 0363958
Fiscal Year End: 9/30
Monitor End: 11/2029
AGREEMENT BETWEEN COLLIER COUNTY
AND
NR CONTRACTORS, INC.
THIS AGREEMENT is made and entered into this day of , 2014, by and
between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or
"Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and N R
Contractors, Inc. ( "Developer "), having its principal office at P.O. Box 110127, Naples,
Florida 34108.
WHEREAS, the County has applied for and been awarded funds from the U.S.
Department of Housing and Urban Development under Title III of Division B of the Housing
and Economic Recovery Act of 2008 "HERA ", as amended; and
WHEREAS, the County has used Neighborhood Stabilization Program (hereinafter,
"NSP ") funds to acquire certain real property located in Collier County for the purpose of
providing affordable rental housing opportunities to benefit low- moderate- and middle- income
persons and families; and
WHEREAS, the Developer has submitted a proposal for participation in the Collier
County NSP program; and
WHEREAS, the County and Developer wish to set forth the responsibilities and
obligations of each in undertaking the NSP Gilchrist Apartments Project; and
WHEREAS, the County desires to engage the Developer to implement rehabilitation and
property management of the Gilchrist Apartments for the NSP Program as a valid and
worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
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PART I
SCOPE OF WORD
The Developer shall, in a satisfactory and proper manner and consistent with any
standards required as a condition of providing NSP assistance, as determined by Collier County
Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the
program as follows:
HHVS, as an administrator of the NSP program, will convey to the Developer six (6)
multi - family residential properties; each property consists of two (2) units, for a total of twelve
(12) units. The Developer will engage in rehabilitation activities on the twelve (12) units to bring
them up to the level detailed in the County's rehabilitation standards and Federal Housing
Quality Standards. Repairs, rehabilitation, and new improvements will be made in compliance
with the 2010 Florida Building Code. The County requires that all costs be borne by the
Developer to finish the rehabilitation of the units. The Developer will also be required to
provide property management services and continuing maintenance of the properties.
Activities shall be provided in accordance with the terms and conditions of RFP #14-
6259, NSP Multi - Family Property and Program Assumption, and the Developer's proposal
referred to herein and made an integral part of this agreement.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Developer
must deliver to HHVS for approval a detailed project schedule for the completion of
the rehabilitation of the properties.
B. The following resolutions and policies must be adopted by the Developer's governing
body within thirty (30) days of conveyance:
1. Affirmative Fair Housing Policy
2. Affirmative Action/ Equal Opportunity Policy
3. Conflict of Interest Policy
4. Equal Opportunity Policy
5. Residential Anti- displacement and Relocation Policy
6. Sexual Harassment Policy
7. 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. 794 1 u)
8. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
9. Rental Housing Plan, Procedures, Forms, and Leases (Section 5.4 of
Agreement)
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1.2 PROJECT DETAILS
A. Project Description
Improvements
Federal Funds
Proiect Component 1: Rehabilitation and Management of the Gilchrist
Apartments.
$0.00
Total:
$0.00
llie Developer may perform the rehabilitation activities set forth in this Agreement in
place of a contractor, if properly licensed. All federal, state, local, and grant guidelines
must be followed.
The Developer will accomplish the following project tasks:
Proiect Tasks
1. Developer will pay all closing costs related to the conveyance of the
properties.
2. Maintain and provide to the County resident income certification
documentation
3. Provide quarterly reports on progress and national objectives
4. Provide monthly construction and rehabilitation progress reports until
completion of construction and rehabilitation.
5. Identify Lead Project Manager
6. Provide Site Design and Specifications
7. Comply with Davis Bacon Labor Standards
8. Provide Certified Payroll weekly throughout construction and rehabilitation
9. Provide interior and exterior rehabilitation, as approved by the County
10. Maintain current leased rent amounts and agreements for a period of no less
than one year from the execution of this agreement.
11. Comply with Uniform Relocation Act (URA) if necessary
12. Provide property landscaping
13. Ensure at least one unit is 504 /ADA accessible
14. Ensure the fifteen (15) year affordability period for the units is met
B. National Objective
The NSP program funds awarded to Collier County must benefit low- moderate -and
middle income persons (LMMI). As such the Developer shall be responsible for
ensuring that all tenants and beneficiaries meet the definition low income households.
Low income households are those whose household income is 50% of area median
income or less.
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C. Project Outcome
The Developer will rehabilitate the 12 units (to include but not limited to the
replacement of roof, window and door replacement, landscaping), provide property
management services and ongoing maintenance for fifteen (15) year affordability
period of the project. The properties will be deed restricted for the fifteen (15) year
affordability period subject to all NSPI regulations and requirements.
D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within thirty (30) days of
Section 1.1
agreement
Agreement Execution
Insurance
Insurance Certificate
Annually within thirty (30) days
of renewal
Detailed Project Schedule
Project Schedule
Within thirty (30) days of
Agreement Execution
Project Plans And Specifications
Site Plans and Rehabilitation
Prior to Construction Start
Specifications
Submission of Progress Report
Exhibit B & C
Monthly until completion of
rehabilitation. Quarterly Reports
until full occupancy. Annually
thereafter until 2029
Financial and Compliance Audit
Exhibit E
Annually one hundred eighty
(180) da s after FY end
Continued Use Certification
Continued Use Affidavit
Annually until 2029
Revenue Plan for Maintenance
Plan approved by the County
Initial plan due after completion
and Capital Reserve
of rehabilitation and annually
thereafter until 2029
1.3 TIME OF PERFORMANCE
Services of the Developer shall start effective the date of the execution of this agreement.
The fifteen (15) year affordability period shall commence upon full occupancy of the twelve (12)
units.
1.4 AGREEMENT AMOUNT
The Developer is required to use private funds for the rehabilitation and on -going
maintenance of the properties. The Developer may request future federal funds to be used for
construction, however this agreement in no way guarantees future Federal funding awards or
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Federal funding opportunities to the Developer. This agreement does not grant County funds to
the Developer for this project.
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 or the Admin Plan.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, 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: Geoffrey Magon, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: geoffreymagon @colliergov.net
Telephone: (239) 252 -6141
DEVELOPER ATTENTION: Ray Musilmani, Project Manager
NR Contractors Inc.
PO Box 110127
Naples, Florida 34108
Email: raymus @comcast.net
Telephone: (239) 597 -9083
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PART 11
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
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At any time during nonnal business hours and as often as the COUNTY (and /or its
representatives) may deem necessary, the DEVELOPER shall make available all rccords,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit. The DEVELOPER will be given a minimum notice of 6 business days prior
to any initial onsite inspection or request for records.
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 hi accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A -133.
2.2 RECORDS AND DOCUMENTATION
The DEVELOPER shall maintain sufficient records in accordance with 24 CPR 570.502
and 570.506 to determine compliance with the requirements of this Agreement, the CDBG
Program and all other applicable laws and regulations. This documentation shall include, but not
be limited to, the following:
A. All records required by CDBG regulations.
B. DEVELOPER 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
DEVELOPER for the purpose of this Agreement shall be made available to the
COUNTY by the DEVELOPER at any time upon request by the COUNTY or
HHVS. 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
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if requested. In any event the DEVELOPER 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 DEVELOPER 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 DEVELOPER 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. DEVELOPER
shall maintain records showing contractor compliance with the Contract Work
Hours and Work Safety Law. Similarly, the DEVELOPER shall maintain records
showing compliance with federal purchasing requirements and with other federal
requirements for grant implementation.
F. The DEVELOPER will be responsible for the creation and maintenance of
income eligible files on clients served and documentation that all households are
eligible under HUD Income Guidelines. The DEVELOPER agrees that HHVS
shall be the final arbiter on the DEVELOPER's compliance.
G. The DEVELOPER shall document how the National Objective(s) as defined in
Title III of Division B of the Housing and Economic Recovery Act of 2008 and
the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR 570.209, income certification, and written
Agreements with beneficiaries, where applicable.
H. DEVELOPER 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. DEVELOPER shall ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law.
2.3 MONITORING
During the term, DEVELOPER shall submit an annual audit report and monitoring report
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(Exhibit E) to the COUNTY no later than one hundred eighty 0 80) days after the
DEVELOPER's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
The DEVELOPER agrees that HHVS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The DEVELOPER shall, upon the
request of HHVS, submit information and status reports required by HHVS or HUD to enable
HHVS to evaluate said progress and to allow for completion of reports required. The
DEVELOPER shall allow HHVS or HUD to monitor the DEVELOPER on site. Such site visits
may be scheduled or unscheduled as determined by HHVS or HUD.
The COUNTY will monitor the performance of the DEVELOPER based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the DEVELOPER within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
DEVELOPER agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
2.4 CORRECTIVE ACTION
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.
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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 may be 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 NSP investment for acquisition of
the properties conveyed, be returned to the Department.
o The Department may require upwards often 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
terminated. This includes the amount invested by the County for the initial
acquisition of the properties.
c 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 Director's discretion.
2.5 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to
this Agreement as deemed necessary by the County Manager or designee.
During the term, DEVELOPER shall submit quarterly progress reports to the COUNTY
on the 10th day of January, April, July and October respectively for the prior quarter period end.
As part of the report submitted in October, the DEVELOPER also agrees to include, a
comprehensive final report covering the agreed -upon Program objectives, activities and
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expenditures and including, but not limited to, performance data on client feedback with respect
to the goals and objectives set forth in Exhibit "B ". Exhibit "B" contains 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.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
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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 COMPLIANCE
The DEVELOPER agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the DEVELOPER does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604 and (2) the DEVELOPER does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52 and (3)
DEVELOPER is not required to follow federal procurement and (4) for DEVELOPERS revenue
generated is not considered program income. The NSP program was funded through Title III of
Division B of the Housing and Economic Recovery Act (HERA) of 2008, as amended. The NSP
program through HERA is regulated by CDBG provisions. The DEVELOPER also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The DEVELOPER further agrees to utilize
funds available under this Agreement to supplement rather than supplant funds otherwise
available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The
DEVELOPER shall at all times remain an "independent contractor" with respect to the services
to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the DEVELOPER is an independent contractor.
3.4 AMENDMENTS
The COUNTY or DEVELOPER may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing, signed
by a duly authorized representative of each organization, and approved by the Grantee's
governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the
Grantee or DEVELOPER from its obligations under this Agreement.
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The COUNTY may, in its discretion, amend this Agreement to conform with Federal,
state or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or schedule
of the activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Grantee and DEVELOPER.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG grant funds from HUD
and must be implemented in full compliance with all of HUD's rules and regulations and any
agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement.
In the event of curtailment or non - production of said federal funds, the financial sources
necessary to continue to pay the DEVELOPER all or any portions of the funds will not be
available. In that event, the COUNTY may terminate this Agreement, which termination shall be
effective as of the date that it is determined by the County Manager or designee, in his -her sole
discretion and judgment, that the funds are no longer available. In the event of such termination,
the DEVELOPER 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 for the performance of this Agreement, and the COUNTY shall be released from any
further liability to DEVELOPER under the terms of this Agreement. There are no funds being
granted in association with this Developer Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the DEVELOPER 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,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the DEVELOPER 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 DEVELOPER 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 DEVELOPER 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
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The DEVELOPER agrees that all notices, informational
advertisements, descriptions of the sponsorships of the Program,
public notices prepared and released by the DEVELOPER for, o
Program shall include the statement:
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pamphlets, press releases,
research reports and similar
n behalf of, and/or about the
"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 DEVELOPER. 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
In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the DEVELOPER, 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 DEVELOPER 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 DEVELOPER to fulfill in a timely and proper
manner its obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by the DEVELOPER to the Grantee reports that are incorrect or
incomplete in any material respect.
E. Submission by the DEVELOPER 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 DEVELOPER relating to the project.
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In the event of any default by DEVELOPER 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 DEVELOPER to the County of all CDBG funds
DEVELOPER 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 DEVELOPER of such
termination and specifying the effective date of such termination. If the
Agreement is terminated by the County as provided herein, DEVELOPER 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 and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
DEVELOPER shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
DEVELOPER 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 DEVELOPER 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), and the federal regulations for the Community Development Block Grants (24
CFR 570 et seq.).
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3.12 PURCHASING
Developers are not required to follow Federal Procurement regulations.
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.
A Developer is considered to be an end use beneficiary and therefore does not generate
Program Income. A Developer may generate revenue and is entitled to any revenue generated
through the operation and management of the Gilchrist Apartments. The DEVELOPER will be
required to submit an annual Revenue Plan for Maintenance and Capital Reserves.
3.14 GRANT CLOSEOUT PROCEDURES
DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements
are completed. The Developer may close out the project with the County after the fifteen (15)
year affordability period 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 IX.B.4, the DEVELOPER 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 unobligated funds
which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess
of the amount to which the DEVELOPER is entitled under the terms and conditions of this
Agreement must be refunded to the COUNTY. DEVELOPER shall also produce records and
information that complies with Section 215.97, Florida Single Audit Act.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER 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
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awarded contracts in connection with the project. The DEVELOPER shall comply with Section 3
of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED
BUSINESS ENTERPRISES
The DEVELOPER 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 (5 1) 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 DEVELOPER 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
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibit
"B" of this Agreement.
3.18 AFFIRMATIVE ACTION
The DEVELOPER 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 DEVELOPER to assist in the formulation of such
program. The DEVELOPER 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 five
year period and submitted to County within 30 days of update /modification.
3.19 CONFLICT OF INTEREST
The DEVELOPER 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 DEVELOPER. The DEVELOPER
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covenants that it will comply with all provisions of 24 CFR 570.611 "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 DEVELOPER 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 DEVELOPER 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 DEVELOPER. The COUNTY may
review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit DEVELOPER's ability to self -manage the
projects using its own employees. Any possible conflict of interest on the part of the
DEVELOPER or its employees shall be disclosed in writing to HHVS provided, however, that
this paragraph 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
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.2000). The
DEVELOPER 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 limit employment or give preference in employment to
persons on the basis of religion
b. It will not discriminate against any person applying for 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 CDBG 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, CDBG
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 CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
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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 570 as amended- All the regulations regarding the CDBG program
hn:HA-ww.law.comell.edu/cfr/text/24/part-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
httl2: / /www.ecfr. gov/cgi-bin/text-
idx?c=ecfr&tp1=/ecfrbrowse/Title24/24efr58 main 02.tpl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
http: // portal.hud.gov /hudr)ortal/HUD ?src= /program offices /fair housing equal opp/FH
Laws / 109
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair
Housing Act. http: / /ww,w.hud.gov/ offices/ fbeo/libraryLuddoistatement.pdf
E.O. 11063 — Equal Opportunity in Housing
http : / /Portal.hud.gov/hudportal/HIJD ?src = /program offices /fair housing equal opp /FH
Laws/EX011063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http: / /www.archives. gov /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-I 07
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.hud.gov/hudDortal/HUD?src=/proaram offices /fair housing equal opplprog
desc /title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
http: / /www.apo. gov /fdsys /pkg /CFR- 2007- title24- vo13 /pdf /CFR- 2007- title24 -vo13-
sec570- 602.pdf
4.7 Executive Order 11246 ( "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: http: / /www.ceoc, gov /eeoc/ history /35th/thelaw /eo- 11246.htm1
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 DEVELOPER will, in all solicitations or
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advertisements for employees placed by or on behalf of the DEVELOPER, state that it is
an Equal Opportunity or Affirmative Action employer.
http://www.eeoc.y-ov/laws/statutes/titlevii.cfm
4.9 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 DEVELOPER and any of the
DEVELOPER's Sub - recipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the DEVELOPER and any of the DEVELOPER's Sub -
recipients and subcontractors, their successors and assigns, to those sanctions specified
by the Agreement through which Federal assistance is provided. The DEVELOPER
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
The DEVELOPER 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 DEVELOPER 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 CDBG - 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 CDBG- 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 very low - income
participants in other HUD programs.
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i he DEVELOPER certifies and agrees that no contractual or other legal incapacity exists
that would prevent compliance with these requirements. http://,,Aww.ecfr.gov/cgi-
bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfrl35 main 02.tpl
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.gov /oasam/regs /statutes /age act.htm
11063:h=://2ortal.hud.gov/hudt)ortal/HLJD?src=/r)rop-,ram offices /fair housing equal o
pp/FHLaws/EXO 11063
11246: http: / /www.eeoc.gov /eeoc/ history /35th/thelaw /eo- 11246.html
11375: Amended by EO 11478
11478: http: / /www.archives.gov/ federal - register /codification /executive- order /11478.html
12107: http: / /www.archives.gov/ federal - register /codification/executive- order /l2107.htm1
12086: http: / /www.archives.gov/ federal - register /codiffication /executive - order /12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
http:// usar,eengineeringpamplets2 .lpub.com/EP- 1180 -1 -1 /BP- 1180- 1- 10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614
Subpart K.
Section 504: http:// www .epa.gov /civilrights /sec504.htm
29 USC 776: http: // law .onecle.com /uscode /29/776.html
24 CFR 570.614: http:/ /www.law.comell.edu/cfr /text/24 /570.614
4.13 The Americans with Disabilities Act of 1990
http://www.fbwa.dot.jzov/realestate/ua/index.htm
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. http: / /,Aww.fhwa. dot.gov /reatestate /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 CDBG. (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 byLoans or Grants from the United States-
httl2://www.law.comell.edu/cfr/text/29/12art-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://viv;,A,.Iaw.comell.edu/cfr/text/29/part-5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. http://www.presidency.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.
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 DEVELOPER agrees to comply with the non - discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable non - discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: http• / /www gpo gov /fdsys /pka /CFR - 2010- title24- vol3 /pdf /CFR -2010-
title24-vol3- secs 70- 608.12df
E.O. 13279: http•// fedgovcontracts .com/pe02- 192.htm
4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
httT)://www.nebi.nlm.nih.izov/l)ubmed/12289709
institutions Of 14ighef- Rdeeatieff, 1"e-p— 12r& Orvnizmiefls
speei€I 4 - htW:#veAPA,.1aw.ea ell.edu efiAt4__ »n ipaA_94,
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4.21 Immigration Reform and Control Act of 1986
http://www.eeoc.jzov/eeoc/history/35th/thelaw/irea.htnl
4.22 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 /florida statutes chapter 112 part iii
Collier County -
http: //becspO l / SiteDirectory /ASD /HR/labor /CMAs/ Shared %20Documents /CMA %20531
1.1 %20Standards %2Oof%2OConduct.12df
4.23 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.
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4.21 Immigration Reform and Control Act of 1986
http://www.eeoc.jzov/eeoc/history/35th/thelaw/irea.htnl
4.22 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 /florida statutes chapter 112 part iii
Collier County -
http: //becspO l / SiteDirectory /ASD /HR/labor /CMAs/ Shared %20Documents /CMA %20531
1.1 %20Standards %2Oof%2OConduct.12df
4.23 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.
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4.24 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).
4.25 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 DEVELOPER 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
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, 20th Judicial Court of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
DEVELOPER 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.
hlW://www.fl,-,enate.gov/Laws/Statutes/2010/44.102
4.26 The DEVELOPER 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.
httl2://www.law.comell.edu/uscode/text/33/chater-26
The DEVELOPER 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.
hft://www.law.comell.edu/uscode/text/33/chgpter-26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K), the DEVELOPER 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. aov/cai-bin/text-
idx ?c =ecfr& SID= eba40bdb52822d80827a48bced5bOb56 &rgn= div8 &view=text &node =2
4:3.1.1.3.4.11.1.6 &idno =24
4.28 The DEVELOPER agrees that any construction or rehabilitation of residential structures
with assistance provided under this contract shall be subject to HUD Lead -Based Paint
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Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http: / /www.ecfr.g_ov_ /cvi-
bin/text-
i dx ?c= ecfr &S ID= eba4Obdb52822d 80827a48bced5bOb56 &rgn =div8 &view = text&node =2
4 : 3.1.1.3.4.11.1.9 &idno =24
4.29 The DEVELOPER 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.
httv://www.nips.gov/history/local-laLAL/nhpal 966.htm
http: / /www.eefr. gov/cgi-bin/text-
idx?c= ecfr& tnl= /ecfrbrowse/Title36 /36cfr800 main 02.tnl
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.
http://www.ni3s.gov/history/local-law/nhi)al966.htm
4.30 The DEVELOPER 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/drug free - workplace- requirements- contractors- 19242870
4.31 The DEVELOPER 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
DEVELOPER 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 570.609, Subpart K.
http : / /www. ecfr.lzov/cgi -bi n/text-
idx?c= ecfr& SID= eba4Obdb52822d80827a48bced5 bOb5 6 &rgn= div8 &view= text&node =2
4:3.1.1.3.4.11. 1.1 O&idno=24
4.32 The DEVELOPER 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
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OMB Circular A87: hLtp://www.whitehouse-gov/omb/circulars a087 2004/
OMB Circular A102:http://www.whitehouse.gov/omb/circulars a102/
OMB Circular A21:http://www.whitehouse.szov/omb/circulars a021 2004/
OMB Circular Al l O:b=://www.whitehouse.2ov/omb/circulars al 10/
OMB Circular A122:http://www.wbitebouse.gov/omb/circulars a122 2004/
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the DEVELOPER's fiscal year. The DEVELOPER
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://w-,A,w.whitehouse.gov/omb/circulars/al33- 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.
hqp://www.law.comell.edu/cfr/text/24/92.206
4.34 Any real property acquired by the DEVELOPER 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 CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the
DEVELOPER control, which is acquired or improved in whole or part with CDBG funds
in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
h=://www.fhwa.dot.gov/realestate/ua/index.htm
httl2://www.law.comell.edu/cfr/text/49/l-4. 101
http://cfr.vlex.com/vid/5 70- 5 0 5 -use-real - ro ert - 19928754
4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the DEVELOPER 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), Florida Statutes.
http• / /www 1awserver corn / law /state /florida/statutes /florida statutes 287 -133
4.36 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
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into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds 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, grant, 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 DEVELOPERS
shall certify and disclose accordingly.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.38 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?Apn mode = Display Statute&URL=0700-
0799/0713/0713.html
4.40 Florida Statutes 119.021 Records Retention
http: / /www.lawsen°er.com/law/ state /florida/statutes /florida statutes 119 -021
4.41 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App made =Display Statute&URL=0100-
0 1 99/0119/Sections/0 I 19.07.html
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PART V
NSP Definitions & Requirements
5.1 Definitions
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1. "Abandoned" refers to homes or residential properties that either a) mortgage, tribal
leasehold, or tax payments are at least 90 days delinquent, or b) a code enforcement
inspection has determined that the property is not habitable and the owner has taken
no correction actions within 90 days of notification of the deficiencies, or c) the
property is subject to a court- ordered receivership or nuisance abatement related to
abandonment pursuant to state or local law or otherwise meets a state definition of an
abandoned home or residential property.
2. "Appraisal" means an appraisal which meets the criteria specified in the Uniform
Relocation Assistance and Real Property Acquisition Policies Act ( "URA "), as
further defined in 49 CFR 24.103.
3. `Blighted structure" means a structure that exhibits objectively determinable signs of
deterioration sufficient to constitute a threat to human health, safety, and public
welfare as more particularly described in Section 163.340(8), Florida Statutes.
4. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L.
No. 93 -383, as amended. Unless otherwise noted in the Housing and Economic
Recovery Act ( "HERA "), as amended, and the alternative requirements in the NSP -1
Notices, NSP -1 is governed by the CDBG regulations.
5. "Current market appraised value" means the value of a property that is established
through an appraisal made in conformity with either: 1) the appraisal requirement of
the URA at 49 CFR 24.103, or 2) the Uniform Standards of Professional Appraisal
Practice ( "USPAP "), or 3) the appraisal requirements of the Federal Housing
Administration ( "FHA ") or a government sponsored enterprise ( "GSE "); and the
appraisal must be completed or updated within 60 days of a final offer made for the
property by a grantee, subrecipient, developer, or individual buyer. However, if the
anticipated value of the proposed acquisition is estimated at $25,000 or less, the
current market appraised value of the property may be established by a valuation of
the property that is based on a review of available data and is made by a person the
grantee determines is qualified to make the valuation.
6. "Eligible Costs" means costs for the activities specified in Section 5.2 of this
Agreement for which NSP -1 funds are budgeted, provided that such costs (i) are
incurred in connection with any activity which is eligible under HERA and Section
105A of Title I of the CDBG Act, and (ii) conform to all NSP -1 requirements.
7. "Environmental Requirements" means the requirements described in 24 CFR Part 58.
8. "Foreclosed" refers to a home or residential property if any of the following
conditions apply: (a) the property's current delinquency status is at least 60 days
delinquent under the Mortgage Bankers of America delinquency calculation and the
owner has been notified; (b) the property owner is 90 days or more delinquent on tax
payments; (c) under state, local, or tribal law, foreclosure proceedings have been
initiated or completed; or (d) foreclosure proceedings have been completed and title
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has been transferred to an intermediary aggregator or servicer that is not an NSP -1
grantee, contractor, subrecipient, developer, or end user.
9. "HERA" means the Neighborhood Stabilization Program ( "NSP -1 ") found in Title
III of Division B of the Housing and Economic Recovery Act of 2008, as amended.
10. "HUD" means the United States Department of Housing and Urban Development.
11. "Land bank" means a governmental or nongovernmental nonprofit entity established,
at least in part, to assemble, temporarily manage, and dispose of vacant land for the
purpose of stabilizing neighborhoods and encouraging re -use or redevelopment of
urban property. For the purposes of the NSP -1, a land bank will operate in a specific,
defined geographic area. It will purchase properties that have been abandoned or
foreclosed upon and maintain, assemble, facilitate redevelopment of, market, and
dispose of the land- banked properties. If the land bank is a governmental entity, it
may also maintain abandoned or foreclosed property that it does not own, provided it
charges the owner of the property the full cost of the service or places a lien on the
property for the full cost of the service.
12. "LMMI" is a HUD - defined term incorporating households with eligible incomes (at
or below 120% of area median, based on household size and county), including low -,
moderate -, and middle - income, in referring to the national objective of the CDBG
program.
13. "Low- Income Set - Aside" refers to the HERA requirement that not less than 25
percent of the funds NSP -1 funds to the GRANTEE shall be used for the purchase
and redevelopment of abandoned or foreclosed upon homes or residential properties
that will provide permanent housing to individuals or families whose incomes do not
exceed 50 percent of area median income.
14. "NSP -1 Notice" refers to the alternative requirements for NSP -1 issued by HUD in
the Federal Register on October 6, 2008, as modified in the Bridge Notice issued on
June 19, 2009, and the Unified Notice issued on October 19, 2010.
15. "NSP -1 Funds" mean those funds to be provided by the GRANTEE pursuant to the
terms of the NSP 1 agreement with the Department of Housing and Urban
Development.
16. "Program Income" means the NSP -1 portion of any proceeds received by the
DEVELOPER and repaid to the GRANTEE.
17. 'PROJECT" means the activities described in PART I of this Agreement which are
to be carried out to meet the objectives of the NSP -1.
18. "Purchase Discount" means the minimum discount percentage from the current
market- appraised value under which a property may be purchased. Under HUD
Notice FR- 5255 —N-02, the purchase discount for NSP -1 is "at least 1 percent from
the current market - appraised value of the home or property."
19. "Vacant properties" includes both vacant land and properties with vacant structures
on the land.
5.2 Eligible Use
a. NSP -Eligible Use (B) —Purchase and rehabilitate homes and residential properties
that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop
such homes and properties.
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• 24 CFR 570.201(a) Acquisition, (b) Disposition, (i) Relocation, and (n) Direct
homeownership assistance (as modified below):
0 24 CFR 570.202 eligible rehabilitation and preservation activities for
homes and residential properties.
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity delivery cost.
b. NSP- Eligible Use (E) — Redevelop demolished or vacant properties as housing.
24 CFR 570.201(a) Acquisition, (b) Disposition, (c) Public facilities and
improvements, (e) Public services for housing counseling, but only to the
extent that counseling beneficiaries are limited to prospective purchasers or
tenants of the redeveloped properties, (i) Relocation, and (n) Direct
homeownership assistance (as modified below):
0 24 CFR 570.202 Eligible rehabilitation and preservation activities for
demolished or vacant properties.
0 24 CFR 570.204 Community based development organizations.
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity delivery cost.
5.3 Developer Entities
a. DEVELOPER
Developers are program beneficiaries and thus distinct from subrecipients, grantee
employees, and contractors. Developers may receive NSP funds from the
Grantee. Developer -led rehabilitation is undertaken pursuant to 24 CFR
570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR
570.204, or the NSP notice published on October 6, 2008, as amended.
Entities designated as developers:
• Do not have to follow federal procurement rules;
• May charge developer fees;
• Do not have to follow OMB Circulars;
• Developers are subject to OMB A -133 if applicable, otherwise must
provide audited financials.
• Are not required to treat revenues as program income
5.4 Rehabilitation or Redevelopment
NSP assisted property subject to this Agreement shall be rehabilitated or redeveloped to
the extent necessary to comply with applicable laws, codes and other requirements
related to housing safety, quality, and habitability in order to sell, rent, or redevelop such
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homes and properties. Developer led rehabilitation is undertaken pursuant to 24 CFR
570.202(b)(1).
Pursuant to the Grantee's NSP -1 action plan, rehabilitation on NSP assisted property is
required to meet or exceed local and state building codes; the current code applied in
Collier County is 2010 Florida Building Code. Furthermore, HERA defines rehabilitation
to include improvements to increase the energy efficiency or conservation of such homes
and properties or to provide a renewable energy source or source for such homes and
properties.
Toward the goal of renting out the available units to eligible applicants, the major tasks
that the Developer intends to perform include, but are not necessarily limited to, the
following:
1. Rental Housing program plans, procedures and forms: Rental housing program
design and procedures, including any necessary forms, documents or contracts,
will be established.
2. Outreach: Sufficient advertisement of the rental housing program and other forms
of outreach will be conducted to ensure that eligible applicants participate in the
program.
3. Intake /Assessment of Eligibility: A written Tenant Selection Plan will be put in
place that establishes eligibility requirements, income limits, procedures for
accepting applications and selecting from the waiting list, and preferences, in
accordance with all HUD and HIPPA regulations.
4. Maintenance of Case Files and Records: All necessary case files and records
such as applicant information, documentation of eligibility, and monthly rent
payments will be maintained and regular reports to the County will be provided as
requested.
5. Property Management/Maintenance: Responsibility for management and
maintenance of the property, including any future improvements or rehabilitation.
5.5 One - for -One Replacement
As part of NSP program waivers the Grantee and Developer are not required to meet the
requirements of 42 U.S.C. 5304(d) as implemented at 24 CFR 42.375, which mandates one -for-
one replacement of low- and moderate income dwelling units that are demolished or converted
for activities assisted with NSP funds.
The Developer may only decrease the number of units in an effort to comply with Section 504
and ADA requirements. The Developer may only decrease the number of units with advance
formal and expressed permission from HHVS.
5.6 Affordable Rental Requirements
The maximum monthly rent for units leased to persons at or below 50% of Area Median Income
will be the higher of:
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a. The low HOME Rent limit for the HOME Partnership Program as published
by the United States Department of Housing and Urban Development less the
cost of any tenant paid utilities: or
b. 30% of the persons income as determined by the Developer; or
C. If the Eligible Persons receives assistance from the Section 8 Housing
Program, the amount approved as reasonable by the Section 8 Housing
Authority
5.7 Affordability Requirements
GENERAL
Developer will ensure that all properties subject to this Agreement comply with the affordability
provisions of the HOME Investment Partnerships Program as contained in 24 CFR 92.254
relating to qualification as affordable housing for homeownership. The Developer, at its sole
discretion, may impose greater restrictions so long as the restrictions are at level at or above
those of the HOME Investment Partnerships Program.
HOMEOWNERSHIP: LONG TERM AFFORDABILITY
The NSP- 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 NSP funds and the affordability period that they trigger are described more fully
below under Resale Provisions.
Homeownership assistance NSP
Minimum period of
amount per-unit
affordability in years
Under
$15,000.. .........................
5
$15,000 to
10
$40,000... ...................
Over
15
$40, 000 ..............................
Resale provisions are as follows [24 CFR 92.254 (a)(5)(i):
(i) Resale. Resale requirements must ensure, if the housing does not continue to be the
principal residence of the family for the duration of the period of affordability that the housing is
made available for subsequent purchase only to a buyer whose family qualifies as a low- income
family and will use the property as the family's principal residence. The resale requirement must
also ensure that the price at resale provides the original HOME- assisted owner a fair return on
investment (including the homeowner's investment and any capital improvement) and ensure that
the housing will remain affordable to a reasonable range of low- income homebuyers. The
participating jurisdiction must specifically define "fair return on investment" and "affordability
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to a reasonable range of low - income homebuyers," and specifically address how it will make the
housing affordable to a low- income homebuyer in the event that the resale price necessary to
provide fair return is not affordable to the subsequent buyer. The period of affordability is based
on the total amount of HOME funds invested in the housing.
5.8 Legal Descriptions
The following site- specific list of properties is associated with this Agreement and
ownership to such will be transferred from Grantee to Developer.
1. Lot 5, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida; Parcel No.
62261280005 (5318 Gilchrist Street, Naples, FL 34113)
2. Lot 6, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261320004 (5322 Gilchrist Street, Naples, FL 34113)
3. Lot 7, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261360006 (5326 Gilchrist Street, Naples, FL 34113)
4. Lot 8, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261400005 (5330 Gilchrist Street, Naples, FL 34113)
Lot 9, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261440007 (5334 Gilchrist Street, Naples, FL 34113)
6. Lot 10, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261480009 (5340 Gilchrist Street, Naples, FL 34113)
(Signature Page to Follow)
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IN WITNESS WHEREOF, the Developer 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
Dated:
(SEAL)
l
Witn ss
1,
Name and Title
7 I
V►Citt�ess
Name and Title
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney ^ \,
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
N R CONTRACTORS, INC.
By:_�
Ray Muslimani, CEO
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PART VI
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The DEVELOPER shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) 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 DEVELOPER or the licensed
design professional employed by the DEVELOPER in an amount not less than
$1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the
DEVELOPER and /or the design professional shall become legally obligated to
pay as damages for claims arising out of the services performed by the
DEVELOPER or any person employed by the DEVELOPER 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
cause its Subcontractors to provide original
insurance coverage prior to any construction:
— 4 above, the SUBRECIPEINT shall provide or
certificates indicating the following types of
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)
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or structure(s). The policy shall be in the name of Collier County and the
DEVELOPER.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the Developer 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).
OPERATION/MANAGEMENT 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.
S. 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 limit 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"
REPORTING SCHEDULE
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The Developer 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
October 1 s1— December 3131
January 10`
January 31st — March 31
Aril 10`
April 181— June 3 O'b
July 10'
Jul 18t — September 30th
October .1 Ot
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone:
NSP -1 DEVELOPER AGREEMENT
NR CONTRACTORS
Email:
GENERAL
1. Activity Status or Milestones — describe any significant actions taken or outcomes
achieved during this reporting period.
2. Future Actions — what significant actions or outcomes are expected during the next
reporting period?
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3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay.
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 Reporting Period
No. Active Projects
No. Projects Complete
No. Properties Demolished
No. Properties Sold
TOTAL
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% AMI
No. Very-Low Income Households 31 -50% AMI)
No. Low - Income Households 51 -80% AMI
No. Moderate - Income Households (81 -120% AMI
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race Total No. His anic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian /Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi- Racial
TOTAL
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Gilchrist Apartment Rehabilitation Page 38 of 43
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EXHIBIT "C"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
7/8/2014 16.D.9.
Grantee is required to submit to HUD, through the Disaster Recovery Grant Reporting System
( "DRGR ") Quarterly Performance Reports ( "QPR "). To facilitate in the preparation of such
reports, Developer shall submit the information contained herein within ten (10) days of the end
of each calendar quarter.
1. OVERALL PROGRESS NARRATIVE
Describe overall progress made in operating the NSP.
2. FINANCIAL DATA
Provide (a) number of properties acquired, (b) program funds expended, and (c) program
funds obligated.
3. ACTIVITY PROGRESS NARRATIVE
Described progress made within the following three (3) activities: (a) acquisition,
rehabilitation, resale LMMI, (b) acquisition rehabilitation, resale LH25, and (c) land
bank.
4. PROPERTY DATA
Provide the address of each property where funds were expended or obligated this
reporting period.
5. DEMOGRAPHIC DATA
Provide the following data for each household assisted this reporting period: (a) race, (b)
Hispanic /Latino (yes /no), (c) female head of household (yes /no), and (d) income level.
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EXHIBIT "D"
INCOME CERTIFICATION
INSTRUCTIONS
7/8/2014 16.D.9.
Submit completed form, including appropriate supporting documentation, to Grantee to obtain
approval prior to the sale of a property associated with this Agreement to an eligible person or
household.
Effective Date:
A. Household Information
Member Names — All Household Members —Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member
Asset Description
Cash Value
Income
from Assets
1
2
3
4
5
6
7
8
Total Cash Value of Assets B(a)
Total Income from Assets 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
2
greater of
box 13(b) or
3
box 13(c),
above, in
4
5
box C(e)
below)
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 maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are
true and complete to the best of my /our knowledge and belief and are given under penalty
of perjury.
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)
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E. NSP Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is /are eligible under the
provisions of the NSP. The family or individual(s) constitute(s) a:
Very -Low Income (VLI) Household means and individual or family whose
annual income does not exceed 50 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Low - Income (LI) Household means and individual or family whose annual
income does not exceed 80 percent of the area median income as determined by
the U.S. Department of Housing and Urban Development with adjustments for
household size.
(Maximum Income Limit $ ).
Moderate - Income (MOD) Household means and individual or family whose
annual income does not exceed 120 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Based upon the (year) income limits for the Naples -Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the NSP Administrator or His/Her Designated Representative:
Signature
Date
Printed Name Title
F Unive"hnlrll "Ufa
Number of Persons
By Race / Ethnici
ty
Ray A e
Native
American
Asian
Black
Hawaiian or
White
Oth
0—
26—
41—
62+
Indian
Other Pac.
er
25
40
61
Islander
Hispanic
Non-
Hispanic
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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7/8/2014 16.D.9.
EXHIBIT "E"
ANNUAL AUDIT MONITORING 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 recent) completed Fiscal Year
Total Federal Financial Assistance Expended during most
$
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 federallstate 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.
Ir rtnain s were nocea, piease enclose a copy of the responses ana corrective action pian.1
Certification Statement
I hereby certify that the above information is true and accurate.
Signature I Date
Print Name and Title
This form may be used to monitor Florida Single Audit Act (Statute 21597) requirements.
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List of Revisions
1. Page 2
Revised:
The Developer will engage in rehabilitation activities on the twelve (12) units to bring them up to the
level detailed in the County's rehabilitation standards, 2019 Fler4da Building Ge-de, and Federal
Housing Quality Standards. Repairs rehabilitation and new improvements will be made in
compliance with the 2010 Florida Building Code.
2. Page 2
Revised
9. Rental Housing Plan, Procedures, Forms, and s Leases (Section 5.4 of Agreement)
3. Page 3
Revised:
The Developer may perform
With QS «^^'i^ -d 144s rehabilitation stePdefds activities set forth in this Agreement in place of a
contractor, if properly licensed. All federal, state, local, and the u.Tping =op�
a grant guidelines must be followed.
4. Page 4
Revised:
C. Project Outcome
The Developer will c-en►pletely rehabilitate the 12 units (to include but not limited to the replacement
of appliances, instellatien of eeptr -G! GiF een-d-tie reef, 'endseeping roof, window and door
replacement, landscaping), provide property management services and ongoing maintenance for
fifteen (15) year affordability period of the project. The properties will be deed restricted for the
fifteen (15) year affordability Period subject to all NSP1 regulations and requirements.
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5. Page 6
Revised:
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and /or its
representatives) may deem necessary, the DEVELOPER shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit. The DEVELOPER will be given a minimum notice of 6 business days prior to any
initial onsite inspection or request for records.
6. Page 31
Revised:
Pursuant to the Grantee's NSP -1 action plan, rehabilitation on NSP assisted property is required to
meet or exceed local and state building codes; the current code applied in Collier County is 2010
Florida Building Code. Furthermore, HERA defines rehabilitation to include improvements to increase
the energy efficiency or conservation of such homes and properties or to provide a renewable energy
source or source for such homes and properties.
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Jurisdiction(s): Collier County
Jurisdiction Web Address: colliergov.net
7/8/2014 16.D.9.
1 71
NSP Contact Person: Kimberley Grant Address:
3339 Tamiami Trail E, Suite 211, Naples, FL
34112 Telephone: (239) 252 -4663 Fax: (239) 252-
2638
Email: lcimberleygr•ant @eolliergov.net
The NSPI Action Plan, approved by the Board of County Commissioners on February 28, 2012 is hereby
amended as follows:
C. DEFINITIONS AND DESCRIPTIONS
(4) Describe housing rehabilitation standards that will apply to NSP assisted activities.
Narrative Response:
All NSP1- assisted housing rehabilitation will be required to meet or exceed local and state
building codes. All units that require rehabilitation must meet or exceed the current Florida
Building Code (FBC). The current code applied in Collier County is 20P 2010 FBC.
G. NSPINFORAIATIONBYACTII 'ITY(COA-IPLETE FOR EACHACTIVITY)
Activity #5 — Land Banking of Acquired Properties
Narrative Response
All NSP1- assisted housing rehabilitation will be required to meet or exceed local and state
building codes. All units at required rehabilitation must meet or exceed the current Florida
Building Code (FBC). The current code applied in Collier County is ?00-7 2010 FBC.
This Minor Amendment to the Collier County Neighborhood Stabilization Program I Action Plan is
adopted this 8 °i day of July, 2014.
ATTEST:
DWIGHT E. BROCK, CLERK
M.
, DEPUTY CLERK
APPROVED AS TO FORM
AND LEGALITY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JENNIFER A. BELPEDIO p
ASSISTANT COUNTY ATTORNEY
TOM HENNING, CHAIRMAN
Words `tFuek Thi-a g4i are deleted; Words Underlined are added.
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