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Agenda 02/12/2013 Item #16D 2n 2/12/2013 16.D.2. EXECUTIVE SUMMARY Recommendation to approve an amendment to the FY 2011 -2012 HOME Investment Partnerships (HOME) Program Grant Agreement between Collier County and the Collier County Housing Authority (CCHA) that modifies Exhibit A, Scope of Services, effective as of the original date of the agreement, to allow all available forms of match, and to correct a scrivener's error in the grant agreement number and match amount. OBJECTIVE: To authorize minor modifications to the Exhibit A, Scope of services of the subrecipient agreement and correct the grant agreement number. CONSIDERATIONS: On October 25, 2011, Item 16D2, the Board of County Commissioners (BCC) approved an agreement with the CCHA to administer the Tenant Based Rental Assistant (TBRA) Program for the purposes of providing rental, security deposits and utility assistance to low income households. The CCHA has requested modifications to the subrecipient agreement in order to modify the grant agreement number, allow all available forms of match and to correct a scrivener's error in the match amount. They further request the amendment be effective the original date of the agreement in order to take advantage of all forms of allowable match. Terms to be modified by the proposed amendment: 1. Grant Agreement Number is modified to HUD Grant M- 11 -UC -12 -0217; 2. Exhibit A, Scope of Services, Paragraph A, Subparagraph (d) is modified to allow all forms of match effective October 25, 2011. 3. Exhibit A, Scope of Services, Paragraph B, is modified to allow all forms of match and change match amount from $93,463 to $75,000. The proposed modifications are allowable under the grant, and will not increase the amount of grant funds or impact the budget for this project. FISCAL IMPACT: There will be no effect on ad valorem or general fund dollars. Funds are available in Housing Grant Fund 705, Project 33177 for this Home Investment Partnerships Program (HOME) Project. GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further certain Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for BCC action. - JBW RECOMMENDATION: To approve and authorize the Chairwoman to sign the proposed First Amendment to the subrecipient agreement between Collier County and Collier County Housing Authority. 1-01 PREPARED BY: Rosa Munoz, Grants Coordinator, Housing, Human and Veteran Services Packet Page -1755- 2/12/2013 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.2. Item Summary: Recommendation to approve an amendment to the FY 2011 -2012 HOME Investment Partnerships (HOME) Program Grant Agreement between Collier County and the Collier County Housing Authority (CCHA) that modifies Exhibit A, Scope of Services, effective as of the original date of the agreement, to allow all available forms of match, and to correct a scrivener's error in the grant agreement number and match amount. Meeting Date: 2/12/2013 Prepared By Name: MunozRosa Title: Grants Coordinator,Housing, Human & Veteran Services 1 /7/2013 9:08:10 AM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Services Name: MunozRosa 1/7/2013 9:08:12 AM Approved By Name: MesaNancy Title: Accountant,Housing, Human & Veteran Services Date: 1/10/2013 5:30:35 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 1/23/2013 9:31:09 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 1/23/2013 9:33:18 AM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Packet Page -1756- Date: 1/25/2013 1:20:00 PM Name: AckermanMaria Title: Senior Accountant, Grants Date: 1/25/2013 2:23:08 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 1/29/2013 8:47:00 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 1/29/2013 4:59:17 PM Name: KlatzkowJeff Title: County Attorney Date: 1/30/2013 8:12:59 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/30/2013 11:04:05 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 2/1/2013 2:31:56 PM Name: KlatzkowJeff Title: County Attorney Date: 2/4/2013 4:21:54 PM Name: OchsLeo Title: County Manager Date: 2/5/2013 9:13:25 AM Packet Page -1757- 2/12/2013 16.D.2. 2/12/2013 16.D.2. Amendment#1 to Agreement between Collier County and Collier County Housing Authority, Inc. Tenant Based Rental Assistance (TBRA) Project Catalog of Federal Domestic Assistance # 14.239 HUD Grant M- 11 -UC -12 -08217 This Amendment, is entered into this day of , 2013, by and between Collier County Housing Authority, Inc. a special independent district of the State of Florida, created in accordance with Florida Statute Section 421.27 et seq., herein after referred to as " SUBRECIPIENT" and Collier County, Florida, herein after to be referred to as "COUNTY," collectively stated as the "Parties." RECITALS Whereas, on October 25, 2011, the County entered into an Agreement with the Collier County Housing Authority for Home Investment Partnership Program (HOME) funds to be used for rental, security and utility deposit assistance (hereinafter referred to as the "Agreement "); and Whereas, the Parties desire to amend the Agreement to modify the Project Scope and the Budget sections in Exhibit "A ". NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words StFeek T-hF 1} are deleted; Words Underlined are added EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING AUTHORITY, INC. HOME TENANT BASED RENTAL ASSISTANCE (TBRA) PROJECT A. PROJECT SCOPE: The SUBRECIPIENT will be responsible for the following: d. Match funding of 25% is required for this activity. The SUBRECIPIENT must provide documentation regarding match funding for purposes of the HOME program. The mateh funding will be met by the SUBRECIPIENT, dwough a paAaer-ship with the 2011 HOME (HM 11 -01) CCHA TBRA Contract Amendment #1 Pagel of 3 Packet Page -1758- 2/12/2013 16.D.2. B. BUDGET: Collier County Housing, Human and Veteran Services is providing Three Hundred Thousand Dollars ($300,000.00) in HOME funding for the project scope described above. The 25% matching funds requirement of $75,000.00 is the responsibility of the SUBRECIPIENT;_ thFough ea +"° ~+ �f $93,463. The mateh funds must be shewn in writing as imA49-ir-26-Q.-S Wrve- pr-esei4ed- (i.e. 25,0; of ° adjusted for- the 250i , g the $75,000.00 is in Match documentation must be shown proportionately as invoices are presented. Line Item Description Rent Security Deposit Utilities Total HOME Funding TOTAL PROJECT AMOUNT HOME Funds $ 300,000.00 $ 300,000.00 Matching Funds $ 75,000.00 Total Match $ 75,000.00 Funding $ 375,000.00 Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 2011 HOME (HM 11 -01) CCHA TBRA Contract Amendment #1 Page 2 of 3 Packet Page -1759- 2/12/2013 16.D.2. IN WITNESS WHEREOF, the Parties have executed this First Amendment effective as of October 25, 2011, the effective date of the Agreement. ATTEST: DWIGHT E. BROCK, CLERK Dated: (SEAL) First Witness Type /print witness name 2011 HOME (HM 11 -01) CCHA TBRA Contract Amendment #1 BOARD OF COUNTY COMMISSIONER_ S OF COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ, CHAIRWOMAN COLLIER COUNTY HOUSING AUTHORITY an Esmeralda Serrata, Executive Director Type /print Subrecipient name and title Subrecipient Signature Approved as to form and legal sufficiency: Jennifer B. White ll Assistant County Attorney 8W Page 3 of 3 Packet Page -1760- 2/12/2013 16.D.2. AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY, INC. TENANT BASED RENTAL ASSISTANCE (TBRA) PROJECT Catalog of Federal Domestic Assistance # 14.239 HUD Grant # M- 11 -UC -12 -0017 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and "Collier County Housing Authority, Inc. a special independent district of the State of Florida, created in accordance with Florida Statute Section 421.27 et seq.," a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at 1800 Farmworker Way, Immokalee, Florida 34142 and with offices at 5251 Golden Gate Parkway, Naples, FL 34116, and its Federal Tax Identification number as 59- 1490555 & DUNS # 040977514, ( "SUBRECIPIENT "). WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston - Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Fiscal Year 2011 to Fiscal Year 2016 Collier County Five -Year Consolidated Plan and One -Year Action Plan for Federal Fiscal Year 2011 -2012 for the CDBG Program with Resolution 2011 -136 on July 26, 2011- Agenda Item 1011; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2011 -2012 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in this Agreement, in accord with the approved One -Year Action Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "HOME" is the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 USC 3535(d) and 12701 - 12839. (C) "HHVS" means the Housing, Human and Veteran Services Department of Collier County. (D) " SUBRECIPIENT" means THE COLLIER COUNTY HOUSING AUTHORITY 2011 HOME (HM 11 -01) ccHA TBRA Packet Page -1761- 2/12/2013 16.D.2. (E) "HHVS APPROVAL" means the written approval of the Housing, Human and Veteran Services Department or designee. (F) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (G) "Low and moderate income persons" means the definition set by HUD. (H) "PROJECT" means the work to be performed as set forth in Exhibit "A ". (I) "AGENCY" means HHVS, the HOME administering Agency of Collier County. For the purpose of this Agreement and all administration of . HOME funds, the AGENCY shall act on behalf of the COUNTY in the execution and fiscal and programmatic control of this agreement. (J) "FEE" is the amount of money the COUNTY agrees to pay and the SUBRECIPIENT agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work. (K) "WORK" - is all the professional and technical services to be rendered or provided by the SUBRECIPIENT as described here. II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit `B" along with the monthly submission of Exhibit "E," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement between The Collier County Housing Authority and Collier County shall be October 25, 2011. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to October 25, 2013. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Section XI below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using federal funds for allowable costs, determined by COUNTY, in an amount not to exceed THREE HUNDRED THOUSAND AND 00 /100 DOLLARS (U.S. $300,000) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the proj ect. 2011 HOME (HM 11.01) CCHA TBRA Packet Page -1762- 2/12/2013 16.D.2. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty-five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, 10-11, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 24 CFR Part 92.206, HOME Investment Partnership Program - The regulations governing the disbursement of HOME funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1964 Civil Rights Act, 42 USC § 2000d, et. seq. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. 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. 2011 HOME (HM 11 -01) CCHA TBRA Packet Page -1763- 2/12/2013 16.D.2. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). Section 3 of the HUD Act of 1968 requires, to the greatest extent feasible, that recipients of HUD funds (and their contractors and subcontractors) provide jobs and other economic opportunities to low- income persons, particularly public housing residents. Section 3 helps create employment for low - income persons and provides contracting opportunities for businesses that are owned by low- income people or that provide employment to low- income people. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 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/HOME. (See 42 USC 276a and 24 CFR 135.11(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. 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. 15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16. OMB Circular A -133 - concerning annual audits. 17. OMB Circular A -122 - which identifies cost principles. 18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations. 19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 2011 HOME (HM II -o1) CCRA TBxA Packet Page -1764- 2/12/2013 16.D.2. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 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. 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. 24. Venue - Any suit or 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, Florida, which courts have sole and exclusive jurisdiction on all such matters. 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. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation 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. The mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Fla. Stat. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement 2011 HOME (HM I1.01) CCHA TBRA Packet Page -1765- 2/12/2013 16.D.2. and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes, and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without written approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHVS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. ^ H. TERMINATION 2011 HOME (HMI 1 -01) ccHA TBRA Packet Page -1766- 2/12/2013 16.D.2. In event of termination for any of the reasons identified in sub - sections 1 -3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "D" to this Agreement. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "D" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. 2011 HOME (HM11 -01) ccHA TBRA Packet Page -1767- 2/12/2013 16.D.2. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier ,County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non - Profit Organizations) 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. B. DOCUMENTATION AND RECORDKEEPING The SUBRECIPIENT shall maintain all records required by the HOME Federal Regulations for a period of six years (6) years after expiration of this Agreement. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to HHVS using Exhibit "E ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with 2011 HOME (HMI I -01) CCHA TBRA Packet Page -1768- the Contract Work Hours and Work Safe ty SUBRECIPIENT shall maintain records showing purchasing requirements and with other federal implementation. 2/12/2013 16.D.2. Law. Similarly, the compliance with federal requirements for grant 6. Indirect Costs: If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate Developer's share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. 7. Failure to adequately maintain any former HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HOME funds. 8. The SUBRECIPIENT 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. 9. The SUBRECIPIENT further agree that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. D. ADDITIONAL HOUSING HUMAN AND VETERAN SERVICES COUNTY AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. WRITTEN APPROVALS- SUMMARY (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1,000 or more; (3) All out -of -town travel; (travel shall be reimbursed in accordance with § 112.061, Fla. Stat., unless otherwise required by HOME); (4) All change orders; and (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A ", and (6) All rates of pay and pay increases paid out of HOME funds, whether for merit or cost of living. 2011 HOME (HM11 -01) CCHA TBRA Packet Page -1769- 2/12/2013 16.D.2. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. G. AUDITS AND INSPECTIONS 1. Non -profit organizations that expend $500,000 or more annually in federal awards shall have a single or program- specific audit conducted for that year in accordance with OMB A -133. Non - profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed in accordance with OMB A -133. 2. Non - profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A -133 apply, or when the SUBRECIPIENT elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHVS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A -133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS - federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. S. The SUBRECIPIENT shall maintain all contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 2011 HOME (HM 1 l -01) ccHA TBRA Packet Page -1770- 2/12/2013 16.D.2. 6. The SUBRECIPIENT shall include in all HHVS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by HHVS, each of the record- keeping and audit requirements detailed in this contract. HHVS shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and recordkeeping requirements described above. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHVS, and said plan shall require the written approval of the HHVS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. Program Income, as defined by 24 CFR 92.503 for HOME funds, may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit "A "" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. 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, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. 2011 HOME (HM11 -01) CCHA TBRA Packet Page -1771- 2/12/2013 16.D.2. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority /women -owned business enterprises shall be located in or owned by residents of the HOME areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be very low, low- 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 funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to HHVS upon HHVS' request. D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS. (See 24 CFR 92.356). E. PUBLIC ENTITY CRIMES As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133(3) (a), Fla. Stat. F. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). G. CERTIFICATION REGARDING LOBBYING 2011 HOME (HM 11 -01) CCHA TBRA Packet Page -1772- 2/12/2013 16.D.2. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. 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. 3. 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, subgrants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENT'S shall certify and disclose accordingly. H. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR part 24, shall be subject to the provisions of the CDBG/HOME Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT's control, which is acquired or improved in whole or part with CDBG/HOME funds in excess of $25,000, must adhere to the CDBG/HOME Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS The SUBRECIPIENT agrees to comply with the following requirements: A. AIR AND WATER 1. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as 2011 HOME (HMI 1 -01) CCHATBRA Packet Page -1773- 2/12/2013 16.D.2. 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. C. LEAD -BASED PAINT The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found in 24 CFR 92.355. D. HISTORIC PRESERVATION The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. X, CONDITIONS FOR RELIGIOUS ORGANIZATIONS HOME funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 92.257 specifies the limitations on HOME funds for faith based activities. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. 24 CFR 92.504(2)(vii). XII. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -five (25) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 2011 HOME (HM 11 -01) CCHA T13RA Packet Page -1774- 2/12/2013 16.D.2. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 2011 HOME (HMI 1-01) CCHA TBRA Packet Page -1775- 2/12/2013 16.D.2. IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of , 20.4 _• ATTEST: First Witness Second Witness Lw • " A ' 2011 HOME (HM11 -01) CCHA TBRA BOARD OF COUNTY COMMISSIONERS OF COLLIER Q.VNTY, FLORIDA By: FRED W. COYLE, CHAI COLLIER COUNTY HOUSING Esmeralda Serrata Executive Director Type /print Subrecipient name and title Approved as to form and legal sufficiency: ](���. Jennifer B. VAite Assistant County Attorney Packet Page -1776- 2/12/2013 16.D.2. EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING AUTHORITY, INC. HOME TENANT BASED RENTAL ASSISTANCE (TBRA) PROJECT A. PROJECT SCOPE: On July 26, 2011, the BCC approved the HUD Action Plan allocating funding for this initiative. Home Investment Partnerships Program (HOME) funding will be used for the Tenant Based Rental Assistance (TBRA) Program which will provide assistance to a minimum of forty (40) households /persons. The actual number of assisted households /persons will be determined by actual assistance amounts. In the Action Plan for this program the intended outcome of this funding is to administer the Tenant -Based Rental Assistance (TBRA) Program for the purposes of providing assistance to low income households /persons with rent, security deposits, and utility deposits for a period of up to two (2) years. The maximum amount of funds for the security deposit may not exceed two months' rent for the unit and can only be applied for by the tenant. A written agreement regarding the terms and conditions of the security deposit must be maintained by the SUBRECIPIENT for review by Housing, Human and Veteran Services (HHVS) staff. The utility deposit assistance may be provided in conjunction with a security deposit and/or monthly rental assistance. The utility deposit assistance may be used only for utilities permitted under the Section 8 utility allowance. * * * * ** *NOTE * * * ** At least 90% of the total clients assisted must be at or below 60% of the area median income for Collier County and the remaining 10% cannot exceed 80% of the area median income for Collier County. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to provide safe, decent, affordable housing. The SUBRECIPIENT will be responsible for the following: a. The creation and maintenance of income eligibility files on clients served and documentation that all households are eligible under HUD Income Guidelines. b. Prior to occupancy, the SUBRECIPIENT shall require and maintain income qualification and proof of legal residency for all households. The SUBRECIPIENT shall maintain these files for HHVS' staff review upon request. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). c. The SUBRECIPIENT shall require and maintain HQS inspections and Lead Based Paint documentation (when applicable). 2011 HOME (HM I1 -01) ccHA TBRA Packet Page -1777- B. C. 1D 2/12/2013 16.D.2. d. Match funding of 25% is required for this activity. The SUBRECIPIENT must provide documentation regarding match funding for purposes of the HOME program. The match funding will be met by the SUBRECIPIENT, through a partnership with the David Lawrence Center, who will provide referrals, case management and wrap around mental health services through a state grant to qualified individuals, including collaborating with other community agencies. BUDGET: Collier County Housing, Human and Veteran Services is providing Three Hundred Thousand Dollars ($300,000.00) in HOME funding for the project scope described above. The 25% matching funds requirement of $75,000.00 is being met by the CCHA; through a state grant to the David Lawrence Center in the amount of $93,463. The match funds must be shown in writing as invoices are presented (i.e. 25% of every invoice is adjusted for the 25% until the $75,000.00 is met. Line Item Description Rent Security Deposit Utilities Total HOME Funding TOTAL PROJECT AMOUNT HOME Funds $ 300,000.00 $ 300,000.00 Matching Funds $ 75,000.00 Total Match $ 75,000.00 Funding $ 375,000.00 Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. PROJECT WORK PLAN: The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 10/01/2011 10/2012 Begin rental, security deposit and utility assistance 10/01/2011 10/2013 Completion of all TBRA assistance PAYMENT SCHEDULE: The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Providing TBRA Upon monthly invoicing of allowable expenses 2011 HOME (HM11 -01) CCHA TBRA End of Exhibit "A" Packet Page -1778- 2/12/2013 16.D.2. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Housing Authority, Inc. SUBRECIPIENT Address: 1800 Farmworker Way, Immokalee, FL 34142 Project Name: Tenant Based Rental Assistance (TBRA) Project No: HIV111 -01 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 300,000 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for reimbursement has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Reimbursement is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) End of Exhibit B 2011 HOME (HM 11 -01) CCHA TBRA Packet Page -1779- n 2/12/2013 16.D.2. EXHIBIT "C' ADDITIONAL HOME GRANT REQUIREMENTS A. The designated HOME - assisted units of this PROJECT will meet the affordability requirements as found in 24 CFR 92.252 (rental). The SUBRECIPIENT shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate - income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program The HOME program requires tenant income certification to ensure that they are income-eligible and the project is in compliance with initial occupancy requirements Tenant Income MUST be re- examined annually, and submitted to HHVS B. In the selection of occupants for PROJECT units, the SUBRECIPIENT shall comply with all non - discrimination requirements of 24 CFR 92.350. Such procedures are subject to approval by HHVS. The SUBRECIPIENT will implement affirmative marketing procedures as required by 24 CFR 92.351. Such procedures are subject to approval by HHVS. C. The SUBRECIPIENT shall assure compliance with 24 CFR 92.251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. End of Exhibit C 2011 HOME (HMI 1 -01) cCHA TBRA Packet Page -1780- 2/12/2013 16.D.2. EXHIBIT "D" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human & 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:. (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (1) — (3) above, a Certificate of Insurance must be provided as follows: (d.) Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in (1) — (4) above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: (e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 2011 HOME (HM11 -01) CCHA TBRA Packet Page -1781- 2/12/2013 16.D.2. Exhibit "D ", Continued (f.) Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. 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: (g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. (h.) 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. (i.) 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. End of Exhibit "D" 2011 HOME (HM 11 -01) CCHA TBRA Packet Page -1782- 2/12/2013 16.D.2. "ATTACHMENT E" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Services staff by the 10'" of the following month. Status Report for Month of Submittal Date: Project Name Proiect Project Number HMI 1-01 Activity Number XXX SUBRECIPIENT: Collier County Housing Authority, Inc. Contact Person Esmeralda Serrata or Angela Edison Telephone: 239 -657 -3649 Fax: 239 - 657 -7232 E -mail: Eserrataacchafl.org_or Edisoncchaeaol.com 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. 2011 HOME (HM I1 -01) CCHA TBRA Packet Page -1783- 2/12/2013 16.D.2. Exhibit E, Continued 6. New leases executed this month (if aDDlicable): Name, Address, and Unit Number of Applicant Rent/Security Deposit Utility Deposit 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: 6. TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries ficiaries in the blank space and in box INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low - income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE. The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. Exhibit E, Continued 2011 HOME (HMI I -01) ccHA TBRA Packet Page -1784- 2/12/2013 16.D.2. SPONSOR must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: I . White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries 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: End of Exhibit E 2011 HOME (HMI 1 -01) CCHA TBRA Packet Page -1785-