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Agenda 09/10/2013 Item #16F1 9/10/2013 16.F.1. 16E1 RESOLUTION NO.2000- 14 9 A RESOLUTION AUTHORIZING THE COUNTY MANAGER TO APPROVE AND EXECUTE ROUTINE MATTERS ON BEHALF OF THE BOARD OF COUNTY COMMISSION DURING TIME PERIODS THAT THE BOARD HAS DESIGNATED AS THE BOARD'S VACATION SCHEDULE WHEREAS, Section 125.74,Florida Statutes, and County Ordinance No. 93-72, as amended,delegate to the County Manager specified duties and responsibilities;and WHEREAS, during the annual time periods when the Board of County Commissioners ("Board) has formally designated as the Board's vacation schedule it is sometimes necessary that the County Manager make decisions, execute agreements or otherwise authorize actions that cannot await formal action by the Board,which decisions and actions are subject to ratification by the Board upon its return from its vacation schedule;and WHEREAS,the Board desires by this Resolution to establish a continuing policy regarding authorizing the County Manager to make such"interim decisions"and authorize such"interim actions." NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. Each year during the time periods that the Board of County Commissioners ("Board") has declared as its vacation schedule,the County Manager is hereby authorized to make interim decisions and authorize interim actions that,but for the Board's vacation schedule,would await prior approval by the Board as a regular or special called meeting of the Board. This authorization is subject to the following: 2. The County Manager shall make no decision or take any action which as a matter of law must first be approved by the Board. 3. Every contract or agreement so approved by the County Manager shall be deemed to include the following provision: "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board." 4. All such interim decisions and interim actions by the County Manager must be within then existing budgetary limitations. THIS RESOLUTION adopted this 2i4• day of , 2000 after motion,second and majority vote favoring adoption. ' DATED: cuf Z3�Zoea ATTES1t r BOARD OF COUN s ISSIONERS ' '•. .DWIGHTE.BROCK,Clerk OF COLL t ' a UNTY,FLORIDA By. By � . `{ li' Deputy Clerk T t I. CO ''WANT ,Chairman Attest as to Cha tun's Approved as to Form and Signature only. Legal Sufi'icier, Thomas C.Palmer Assistant County Attorney Packet Page-1758- – -- — 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.1. Item Summary: Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board"s scheduled recess. (In Absentia Meeting(s) dated July 23, 2013, August 13, 2013 and August 27, 2013). Meeting Date: 9/10/2013 Prepared By Approved By Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 8/30/2013 8:43:12 AM Packet Page-1759- 9/10/2013 16.F.1 . 2013 Executive Summaries approved in Board's absence July 23, 2013 In Absentia Meeting Items to be presented at the September 10, 2013 BCC Meeting Page 1 Item 16F1 Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. A. Recommendation to approve four (4) mortgage satisfactions for the State Housing Initiative Partnership Program (SHIP) loans in the combined amount of$18,000. B. Recommendation to approve a grant agreement between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program, for the Homeless Information Management System (HMIS) Project in the amount of$99,662, in order for HUD to begin the transfer of the grant to Catholic Charities. C. Recommendation to reject the single proposal received for Request for Proposal (RFP) #13-6063 "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3". D. Recommendation to approve four (4) mortgage satisfactions for State Housing Initiative Partnership (SHIP) in accordance with the Board's Short Sale Policy, accepting $2,969.70 to satisfy the total value of the initial SHIP mortgages ($36,542). Packet Page-1760- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve four (4) mortgage satisfactions for the State Housing Initiative Partnership Program(SHIP)loans in the combined amount of$18,000. OBJECTIVE: Approve four(4)mortgage satisfactions. CONSIDERATIONS: The State Housing Initiative Partnership Program (SHIP), a state affordable housing program,offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid. As such, satisfaction of the mortgages is required. Name Security Mortgage Payoff Public Record Instrument Amount Amount Kimberly Ann SHIP Second $5,000.00 $5,000.00 OR Book: 3067 Page: 1587 Murray Mortgage John J Rowland SHIP Second $10,000.00 $8,423.14** OR Book: 3945 Page: 3384 Mortgage(with rehab) Javier SHIP Second $3,000.00 $3,000.00 OR Book: 4492 Page: 505 Rodriquez Mortgage Lawrence SHIP Second $2,500.00* $2,500.00* OR Book: 2591 Page: 841 Mosher*(paid in Mortgage Check#550698 posted 2001 not 11/16/2001 released) transaction#299749 Total $18,000.00 $16,423.14 *These funds were recognized in 200land posted in the county's fiscal system prior to SAP when received and therefore not included in the total but the mortgage was not satisfied. ** Mr. Rowland expended $8,423.14 in SHIP funds; therefore only repayment of those funds is required. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board,the document (s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Approval of this item will authorize the County Manager to sign the aforementioned release of liens and the executed documents shall be recorded in the Public Records of Collier County,Florida. FISCAL IMPACT: The amount repaid within the current Fiscal Year 2013 totals $16,423.14 , is considered program income and has been deposited within SHIP Grant Fund 791, Project 33258 ($13,423.14) , and SHIP Grant Fund 791,Project 33222 ($3,000.00). The Mosher funds ($2,500.00)have been recognized in a previous Fiscal Year(2001) at the time of the payoff. Such funds may be reused for eligible SHIP program activities. Packet Page-1761- 9/10/2013 16.F.1 . LEGAL CONSIDERATIONS: This item approved as to form and legality and requires a majority vote for Board action.—JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Approve and authorize the County Manager to sign four (4) mortgage satisfactions for owner-occupied affordable housing units for which repayment in full has been provided to Collier County. Prepared By: Wendy Klopf,Operations Coordinator,Housing,Human and Veteran Services ottu Packet Page-1762- 9/10/2013 16.F.1 . Title: Grants Support Specialist, Date: 7/22/2013 2:54:07 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 7/22/2013 5:00:04 PM Name: CarneliSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/23/2013 8:28:51 AM Name: KlatzkowJeff Title: County Attorney Date: 7/23/2013 1:34:43 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 7/23/2013 3:11:28 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/24/2013 9:24:23 AM Name: OchsLeo Title: County Manager Date: 7/24/2013 5:02:28 PM Packet Page-1763- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve four(4) mortgage satisfactions for the State Housing Initiative Partnership Program (SHIP) loans in the combined amount of$18,000. Meeting Date: 7/23/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human&Veteran Se 7/22/2013 1:58:11 PM Submitted by Title: Operations Coordinator,Housing,Human&Veteran Se Name: KlopfWendy Atioft 7/22/2013 1:58:12 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 2:27:38 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 2:31:04 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 2:32:49 PM Name: MesaNancy Title: Accountant,Housing,Human&Veteran Services Date: 7/22/2013 2:49:23 PM Name: Joshua Thomas Packet Page -1764- 9/10/2013 16.F.1 . Prepared by: Wendy Klopf Collier County Housing,Human&Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Kimberly Ann Murray to COLLIER COUNTY, recorded on July 8, 2002 in Official Records Book 3067, Page 1587, of the Public Records of Collier County, Florida, securing a principal sum of $5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Legal Description: Lot 6,Block B,Habitat Village.According to the Plat thereof as recorded in Plat Book 37,pages 48 through 51,inclusive,of the Public Records of Collier County,Florida. (12055 Sitterley Street,Naples,FL 34113) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk LEO E. OCHS, COUNTY MANAGER Approved as to form and legality: Jennifer A. Belpedsto Assistant County Attorney Packet Page-1765- 9/10/2013 16.F.1 . Prepared by: Wendy Klopf Collier County Housing,Human&Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by John J. Rowland to COLLIER COUNTY, recorded on December 12, 2005 in Official Records Book 3945, Page 3384, of the Public Records of Collier County, Florida, securing a principal sum of$10,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Legal Description: Building C,Apartment 103,County Club Gardens,Unit one,a Condominium, Collier County, Florida. (1020 Palm View Drive#103,Naples,FL 34110) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk LEO E. OCHS, COUNTY MANAGER Approved as to form and legality: Jennifer A. Belpedi Assistant County Attorney t Packet Page -1766- 9/10/2013 16.F.1 . Prepared by:Wendy Klopf Collier County Housing,Human&Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Javier Rodriguez to COLLIER COUNTY, recorded on September 1.6,2009 in Official Records Book 4492, Page 0505, of the Public Records of Collier County, Florida, securing a principal sum of $3,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Legal Description: Golden Gate Estates,Unit 63 W 75 ft of E 150ft of tract 103,Collier County Florida. (2930 47`h Ave NE Naples FL 34120) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk LEO E. OCHS, COUNTY MANAGER Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney _s � Packet Page -1767- 9/10/2013 16.F.1 . Prepared by:Wendy Klopf Collier County Housing,Human&Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 F. TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Lawrence Mosher to COLLIER COUNTY, recorded on September 10, 1999 in Official Records Book 2591, Page 0841, of the Public Records of Collier County, Florida, securing a principal sum of S2,500.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Legal Description: The West 75ft of the East 180ft of Tract 15,Golden Gate Estates,Unit no. 63, according to the Plat thereof,as recorded in plat Book 7,page 63 of the Public Records of Collier County Florida. (2385 41s`Ave NE.,Naples,FL 34120) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGIIT E. BROCK, Clerk COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk LEO E. OCHS,COUNTY MANAGER Approved as to form and legality: Jennifer A. Belpedr'o Assistant County Attorney ? } -2 Packet Page -1768- . ._........... ...................____....... 9/10/2013 16.F.1 . • c Seta: 3009617 OR: 3067 PG: 1587 ono s044.44 !sun t1Tt1 GOAIAITT SGIICT I 11COUID 11 Ile OfflCIAi UCOIDS of CO1UU 000117, ft 0163 5444,04 flCl 4t flif I ftqfPgRIO.Stfingiiff.AROCT,01111 IC f'If 1130 THIS SECOND MORTGAGE('Security Instrument')Is given on June ,2002 The Second Mortgagors: Kimberly Ann Murray,A Single Person (•Borrower'), TNS Security Instrument Is given to Collier County ('Lender),which Is organized and existing under the laws of the United Slates 01 AmedCa,and whose address le 3050 North Horseshoe Drive, 11275, Naples, Florida 34014 . Borrower owes Lender the sum of rive Thousand anti No/1O0tbe Lbllars(U.S.5 5,000,00 ), This debt is evidenced by Borrower's Note dated the same date as this Security Instrument('Second Mortgage').which provides for monthly payments,with the iv!I debt,if not Old earlier,due and payable on sale of property, refinance, or loss of homestead *mulct • This Security instrument secures to Lender.(a)the repayment el the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of alt other mime,with Interest advanced Under paragraph 7 to Protect the security of the Security Instrument and(c)the performance of Borrower's covenants and agreements under tNs Security Instrument and the Note. For this purpose.Borrower does hereby second mortgage,grant and convey to Lender the torlow!ry described property located in Collier County,Florida. As more particularly described as Lot 8,Block B,Habitat Village,Collier County,Roads and which has the address of: ('Property Address'): 12055 Elite erley Street, Naples, Florida 34113 TOGETHER WITH at the improvements now or hereaher erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil end gas flights and prosts,water rights and stock and all fixtures rower hereafter a part of the property.NI replacements and additions shall also be covered by the Security Instrument.Ad of the foregoing Is referred to in INS Security Instrument as the'Property'. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property Is unerfcumbered,except for encumbrances of record. Borrower warrants and will defend generally the tit*to the Property against all claims end demands,subject to any encumbrances of record. THiS SECURITY INSTRUMENT combines uniform covenants for national use and roreunHorm covenants with Sm led variation by Jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note, 2. Taxes. The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause lobe paid,as the same respectively become due,(A)gi)all taxes and governmental charges ol any kind whatsoever which may at any lime be tawiutly assessed or levied against or with respect to the Property.(2)all utility and other charges, Including'seMice charges',Incurred or Imposed hot the operation,maI tenance,rue,occupancy,upkeep end improvement of the Property,and (3)all assessments or other governmental charges that may lawfully be paid In Meet/manta over a period 01 years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and slan,promptly after the payment or any of the foregoing,forward to Mortgagee evidence of such payment. 3.Application of Payments.Unless eppleabte law provides otherwise,all payments received by Lender shall be applied:first,to Interest due;end,to principal due;and fast,to any late charges due under the Note. 4. Charges;Liens.Borrower shalt pay all taxes,assessments,charges,fines and Impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents.Ii any. Borrower shall promptly furnish to Lender an notices 01 amounts to be pad under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower(a)agrees In writing to the payment of the obligation secured by the lien In a manner acceptable to Lender,(b)contests In good faith the Gan by,or defends against enforcement of the lien In,legal proceedings which In the Lender's opireon operate to prevent the enlacement 01 the hen;or(c)secures Iron the holder of the lien an agreement satisfactory to Lander subordinating the Santo FNS Secunty instrument,11 Lender determines that any part of the Property Is subject toe Ien which may attain priority over the Security instrument,Lender may gee Borrower a notice Identifying the lisp Borrower shell satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance.Borrower shell keep the improvements now existing Of hereafter erected on the Property Insured against toss by fire,hazards Included within the term'extended coverage'and anyother hazards.Including Hoods or flooding,for which Lender requires Insurance.This Insurance shah be maintained In the amounts and for the periods that Lander requires. The insurance carrier providing the insurance shalt be chosen by Borrower subject to Lenders approval which shall not be unreasonably Waileld.tit Borrower faits to maintain coverage described above,Lender may at Lenders option,obtain coverage to protect Lender's rights in the Property In accordance with paragraph 7.At all times that the Note Is outstanding.the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums In respect thereto. including,but not linseed to,a!I•risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by lire,lightning,and other casuaites customarily insured against(Inducing baiter explosion,If appropriate),with a uniform standard extended coverage endorsement,Including debris removal coverage.Such insurance at all times to be to an amount not less than the fun replacement cost of the Premises,ex lusive el footings and foundations. All Insurance policies and renewals shall be acceptable to Lender and shah include a standard mortgage clause.Lender shall have the right to hold the poieles and renewals.If Lender requires,Borrower shall promptly give IC Lender all receipts of said premiums end renewal notices. In the event of loss,Borrower shell give prompt notice to the insurance Carder and Lender.Lender may make proof of loss h nor made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall to applied to restoration or repair of the Property damaged,it the restoration or repair is economlcauy feasible and Lender's security is not lessened.1I the restoration or repair is not economically feasible or Lender's security would be lessened.the insurance proceeds shalt to applied to the Cams Secured by the Security instrument,whether or not than due,with any excess pall to Borrower, II Borrower abandons the Property,or does not answer within 30 days a notice from Lender Oat the Insurance canter has steered to settle a claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair ct restore the Property or to pay sums secured by this Security Inatrwnerd,whether Of not then due.The 30viay period will begin when the notice Is mailed. Unless Lender and Borrower otherwise agree In writing,any application of proceeds to principal shag not extend or postpone the due date of the monthly payments referred to in paragraph i or change the amount ce the payments.If under paragraph 2t the Property Is acquired by Lender,Borrowers eight to any insurance policies and proceeds resulting teen damage to the Property prior to the acquisition shag pass to Lender to the extant of the sums secured by this Security instrument Imwedately prior to the acquisition. 5. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security instrument end shalt continue to occupy the Property as Borrower's principal residence fa at least one year atter the data of occupancy,unless Lender Own*"agrees In writing,which Consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property.Borrower shall be In default it any terteiture action or proceeding,whether civil or criminal.is begun that in Lender's good faith judgment cored result in forleltture of the Property or otherwise materaly impair the Can created by this Security Instrument or Lenders security Interest. Borrower May are such a default and reinstate,as provided in paragraph 18,by ceusing the action or proceeding to be dismissed with a rating that,In Lenders good faith determination,precludes forfeiture of the Borrower's Interest in the Property Or other material impairment et the Hen created by this Security Instrument or Lender's security Interest. Borrower shall also be in default If Borrower,during the loan application process,gave materially false or inaccurate information or Statements to Lender(or failed to provide Lender with any material information)in connection with the loan evdenced by the Note,inaucing,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument Is on a icasehold,Borrower shall comply with all the provision of the lease. It Borrower acquires lee tape to the Property,the leasehold end the fee title shall not merge unless Lender agrees 10 the merger in writing. Packet Page -1769- 9/10/2013 16.F.1 . • OR: 3067 PG: 1588 • 7. Protection of lenders Rights In the Property.If Borrower faits to perform the covenants and agreements Contained in this Security tstrumer t,or there is a legal proceeding that may significantly affect Lendeea tights in the Property(such as a proceeding In bankruptcy,probate.tot condemnation or forfeiture or to enforce laws or regulations).then lender may do and pay for whatever Is necessary to protect die value of the Progeny and Lender's rights in the Property. Lender's actions may include paying any sums secured by a fen which has priority over this Security Instrument,appearing In court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,tender does not have to do so.Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Botiower secured by thee Security insburrant.Unless Borrower and Lender agree to other terms of payment these amounts shah bear interest from the date of disbursement at the Note rate and shall be payable,with Interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance.If Lender required mortgage insurance as a condition of making the loan secured by this Secunty Instrument.Borrower shall pay the premiums required to maintain the mortgage Insurance in effete If,tot any reason,the mortgage Insurance coverage required by Lender lapses or ceases to be In effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously In effect,at a cost subatantially equivalent to the cost to Borrower of the mortgage insurance previously In effect,from an alternate mortgage Insurer approved by Lender.II substantially equivalent mortgage Insurance coverage Is not available.Borrower shag pay to Lender each month a sum equal to o redwethh Of the yearly mortgage Insurence premium being paid by Borrower when the Insurance coverage lapsed or ceased to be In effect Lender wilt accept,use and retain these payments as a loss reserve in tieu of mortgage Insurance. Loss reserve payments may no longer be required,at the option of Lender,d mortgage insurance coverage(in the amount and for the period that tender requires)provided by an Insurer approved by Lender again becomes available and is obtained. Borrower shag pay the premiums required to maintaln mortgage insurance In effect,or to provide a loss reserve,unfit the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender of timetable law. O.Inspection. Lender ar its agent may make reasonable enures upon and inspections cd the Property.Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the Inspection. 10, Condemnation.The proceeds of any award or CISIm tot damages,direct or consequential.In coned on with any condemnation or other taking of any part of the Property,or for conveyance in Getz of condemnation,are hereby assigned and stall be paid to Lender. to the event of a total taking of the Property,the proceeds shalt be applied to the sums secured by this Security Instrument,whether or not then due. with any excess paid to Borrower, in the event of*partial taking of the Property.in which the f etr market value of the Property immediately before the taking Is equal to or greater than the amount of the sums secured by this Security Instrument immedrately before the taking.unless Borrower and Lender otherwise agree In wilting,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the lo;lowl rg(racllen:(a)the total amount of the sums secured anmedlatety before the taking,divided by(b)the fair market value of the Property Immediately before the taking.Any balance shall be paid to Borrowar.In the event of a partial taking of the Property in wroth the fair market value of the Property 1 m/tedrately before the taking Is less than the amount of the sums secured immediately for the tatting. unless Borrows:and Lender otherwise agree in welling or unless epptleable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums em then due. Unions Lender end Borrower otherwise agree in writing,any application of proceeds to principal Oa,not extend or postpone the due data of the monthly payments referred to in paragraphs f or change the amount of such payments. 51. Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by ells Security instrument granted by Lender to any successor in interest of Borrower shag not operate to reuse the liability of the original Borrower or 8onowers successors in interest.Lender shalt not be required to commence proceedrrgs against any successor In Interest or refuse to extend time ler payment or otherwise modlyamodlieti0n of the sums set wed by this Security instrument by reason of any demand made by the original Borrower or Borrowers successors in Interest,Any torbeanance by Lender in exercising any right or remedy shalt not be a waiver of or preclude the exercise of any right or remedy. 12, Successors end Assigns Bound;Joint and Several liability;Co.Signena.The covenants and agreements of this Security instrument shall bind and benefit the successors and assigns of Lender and Bonower,subject to the Provisions of paragraph 17. Borrower's covenants and agreements shell be joint and several.Any Borrower eta cosigns this Security instrument but does not execute the Note;(e)is cosigning this Security Met femme only to mortgage.grant and convey that Borrowers Interest in the Property under the terms of this Security instrument;(b)Is not personally obligated to pay the suns secured by this Security inslrument; and(c)agrees that Lender and any other Borrower may agree to,Mend.modify,forbear or make any accommodations with regard to the semis of this Security Instrument or the Nola without that Borro ees consent. 13. Loan Charges. II the loan secured by this Security Instrument Is subject toe law which sets maximum loan charges,and that law Is finally Interpreted so that the interest or Other loan charges collected of to be collected In connection with the loan exceed the permitted lint ts,then:(a)arty such loan charge shag be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any some already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. It a refund reduces principal,the reduction wall be treated as a partial prepayments without any prepayment eherge under the Note. ie. Notices.My notice to Borrower provided for in this Security Instrument shad be given bydelaenng It or t'ymaiingil by first class mail untesa applicable law required use of another method. The notice shag be directed to the Property Address or any other address Borrower designates by notice to Lender.My notice to Lender shall be given to Borrower or Lender when given as provided In this paragraph. 15.Governing Law;SeverebUity.This Security Instrument shad be governed by federal law and the law of the jurisdiction In which the Property Is located. In the event that any provision or clause of this Security Instrument or the Note coohicts with applicable taw,such conflict shell not affect other provisIons of this Security Instrument or the Note which can be given effect without the conhking provision,To this end the provisions of this Security Insinrmerx and the Note are declared to be severable. IS, Borrowers Copy. Borrower shall be given ono conformed copy of the Note and of this Security instrument. 57.Transfer of the Property ore Beneficial Interest In Borrower.ft as or any part d the Property or any Interest In n is said on transferred(or if a beneficial Merest In Borrower to sold or transferred and Borrower Is not a natural person)wilhod Lender's prior written consent,Lender may,at its option,require tmmedlefe payment in fug of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if exerelse is Prohibited by federal law as of the dale of this Security Irrstnumeni. It Lender exercised this option.Lender shalt give Borrower notice of acceleration.The notice shall provide a period of not less than O0daya from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.II Borrower faits to pay these sums prior to the expiration of this period,Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets canals concedes,Borrower shall have the right to have enforcement of Ills Security Instrument discontinued at any time prior to the earlier of:(a)5 days for such other period as applicable taw may specie/for reinstatement)before sate of tto Property pursuant to arty power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower,(a)pays Lender all sums which then wetted be due under this Security Instrument and the Note as it no acceleration had occurred;(b)cures and default of any other covenants or agreements:(t)pays all expenses incurred in enforcing this Security instrument,Including,but not knifed to.reasonable attorneys fees;and(d)takes such action as Lender may reasonably require to assure that the ion Of this Security instrument,Lenders rights In the Property and Borrower's obligation to pay the sums secured by this Security Instrument shahcontirtue unchanged.Upon reinstatement by Borrower,this Security Instrument end the obtgellons secured hereby shall remain fully effective as if no acceleration had occurred. However,this fight to reinstate shah not apply In the case of acceleration under paragraph 57. 11).Sate of Note;Change of Loan Servitor. The Note or a partial Interest In the Note(together with this Security instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the'Loan Servicer)that collects monthly payments due under the Note end Nis Security Instrument. There also may be one or More changes of the Loan Servicer unrelated toe sale of the Note.II there Is a change of the Loan Servicer,Borrower writ be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servkar and the address to which payments should be made.The notice wilt also contain any other Information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or In the Property.Borrower shall not do,mar allow anyone else to dee anything effecting the Progeny that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Ha;ardous Substances teat are generally recognized lobe appropriate to name residential uses end 10 maintenance of the Property. Sorrower shall promptly give Lender wrtnen notice for any Investigation,claim,demand.lawsuit or other action by any governmental or regulatory agency orPrivate eddy Involving the Property and any Hazardous Substance or Envtromientat Law of which Borrower has actual knowledge. II Borrower teams,or Is notgled by any governmental or regulatory authority,that any removal or other remediation of any Packet Page-1770- 9/10/2013 16.F.1 . • OR: 3067 PG; 1589 Hazardous Substance affecting the Property is necessary,Borrower shag promptly take as necessary remedial actions In accordance with Environmental Law, • As used in this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Law and the knowing substances:gasoline,kerosene,other flammable or toxic,etroteum products.toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formatdehyde,end radioactive materials.As used In this paragraph 20.'Emirorunentel Law'means federal laws and laws of the Jurisdction where the Property Is located that relate to health,safety or environmental protection. 21.Aecslenetion;Remedies.lender shad give notice to Borrower prior to acceleration Wowing Borrower's breath of any covenant or agreement In tills Security Instrument(but nu prior to acceleration under paragraph 17 unless applicable law prsides otherwise), The notice shall specify:(a)the default;(b)the action required to cure the default:(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(0)that taau a to cute the default on or before the dale specified In the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by tudiciat proceedng and sale of the Property. The notice shalt further inform Borrower of the right to reinstate after acceleration and the right to assail In the foreclosure proceeding the non•extstence of e default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured on or before the date specified In the notice, Lender,at hs option,may require immediate payment In full of all sums Secured by We Becurtity Instrument without further demand and may foreclose this Security Instrument by)rxttcai proceeding.Lender shelf be entitled to collect as expenses Incurred in pursuing the remedies provided in this paragraph 21,including.but not limited to,reasonable attorney's fees and coats of the title evidence. 22, Release.Upon payment of an sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower.Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,'attorneys'tees'shah Include any attorneys'lees awarded by an appellate court, 24. Riders to this Security Instrumer t.If one or more riders are executed by Borrower and recorded together with this Security instrument,the covenants and agreements ci each such ruler shall be incorporated Into and shag amend and supplement the covenants and agreements of tile Security instrument as if the skirts)were a pan of this Security Instrument.(Check Applicable Box) 0 Adjustable Rate Rider 0 Rate Improvement Rider Condominium Rider 0 Graduated Payment Rider 0 1.4 Family Rider Second Horns Rider 0 Balloon Rider 0 Bhveekly Payment Rider 0 Planned Until Development Ruder ❑Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and cove rants contained in this Security Instrument and in any rider(,)executed by Borrower and recorded with it. Signed,seated and de e• sane ot: • • i Witness et: 4/0 Stgnatu om •► %.k.s. Borrower )t •••erly Ann Kure'. Signature: /. .• _ �1,ea Witnesse2:' '' �! 1p1l • Signature; • � Co-Borrower Signature:, d�v/ – T� Address: 12055 6ltterley Street Naples, Florida 34113 STATE OF FLORIDA COUNTY OFC C'\t' I hereby certify that on this day,before me.an officer duly authorized In the state aforesaid and in the county aforesaid to take acknow'edgemenis,personally appeared Kimberly Ann Murray tome known to be the person(s)described in and who executed the loregoing Instrument and acknowledged before me that(Het alter they)executed the same for the purpose therein expressed. 't' WITNESS my hand and atom seal in the County and State eloresatd this�1 ddaa 20 711 e My Commission Expires:0'i Dl � (Seat) Notary aft:'�w – Nuary"w^Te!se,:'-, I t lEkltitfSR ply P cot° 4• W+MtSytt.ytn p1XVt � LV S+ File#: 02-209 t• "" Packet Page-1771- "•I c M N O W OI U 90:0: 10/2013 1€ 6.F..1 . �r� Z w E~ f4M2 M CO a 4, o � o QL II J 2 M 1 , H r'os C7 W m N r E--• a' Z �t$ N , N CO a4 Q.1 m CO = c m w mL ' o O N O = oV Or•= u , w 1 • ca I !! • M LL • >4 r4 Ei OW a ui i N z v)'' m O w N >- o�o � a CC 0 H a a C U Y. Q °° On C.) o A D o m - o MI Cz w u C14 a , 02aa o H W x o H W n �_ H a X cwn Zr)) a Z r Q 0 I- rn 0 H O ( ›, Cl) U H b EH, r�4 I 3 W I CC 0 H 1 I- r , 1 O W W 0 Z a I Z a n _ H Cl) ✓ CA >4 H 6 ( c� E-+ m •Si • pl W L'1 Ca 3' � D O H W N x E H F.UJ O 4+ R, CO C. H U] S a., Q O 2 u I- ! n. t-O O Packet Page -1772- 9/10/2013 16.F.1 . OBLD 10000,00 RBC PIN 35.50 SECOND MORTGAGE Retn: NIPRNBS/ PID II 3748478 OR: 3945 PG: 3384 CONNIRCI TI?LN RICORDID in the OPPICIRL RICORDS of COLLIIR C00NTI, IL L-f-./ 1520 ROYAL PUN SQ BLVD 1130 12/12/2005 at 12:28PN DWIGHT I, BROCI, CLERK Pt MRS IL 33901 THIS SECOND MORTGAGE("Security Instrument")is given on November ,2005. The Second Mortgagor is: John J.Rowland,A Single Person ("Borrower"). This Security Instrument is given to Collier County ("Lender),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, #400, Naples, Florida 34014 . Borrower owes Lender the sum of To Thousand and No/100ths Dollars(U.S.$ 10,000.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage.),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Building C,Apartment 103,Country Club Gardens,Unit One,A Condominium,Collier County,Florida and which has the address of: ("Property Address"): 1020 Palm View Drive, #103, Naples, Florida 34110 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument, All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is Lawfully settee�of he''estats hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered4 xt:` t ibr� rdltfrar eg of record. Borrower warrants and will defend generally the title to the Property against all claims and demancjsjet to-N"ny encutttbca t 'Record. THIS SECURITY INSTRUMENT combines covenants for nation artd non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument 'eying real property. 3 UNIFORM COVENANTS. Borrower add Lepde{'covenant and agrees follow6 1. Payment of Principal and Intereslt;Pr¢payineritaind ia_te Chinges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. ;_r \ 2. Taxes. The Mortgagor will pay a�i taxes: ��f s"w`�?-tt0nt)) vii@t s prior to the accrual of any penalties or interest thereon. I it } BJ V The Mortgagor shall pay or cause t� a)d, s s weep c jely bedom du ;jAj(1)all taxes and governmental charges of any kind whatsoever which may at any time be lavt(full ' 6nanittedagairtst or t he Property,(2)all utility and other charges, including"service charges",incurred or impos ifor°the operation,maintenarf8e use, $tte,upkeep and improvement of the Property,and (3)all assessments or other governmental charyrs jhiet may lawfully be paid ta11 enttsver a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to'* !d only such installmentS1ari rerquires(to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foreg ng'`tprward to Mortgagee eviid8nce'QPsuch payment. 3. Application of Payments. Unless appttcab "law provides otherwiso;'a,l yrlents received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late c(irge .�e-under.the ti. •' 4. Charges;Liens. Borrower shall pay all taxel Aises er‘ts;r 1{ , nes and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments-oc4roundrents,if any Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by.or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. in the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith Packet Page-1773- 9/10/2013 16.F.1 . OR: 3945 PG: sit$D judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or felled to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured.inthAAisourtty Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount off,.the seats Ik6C diately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any baled gtea fbe f,ii tS"BorrotWrier}hi,the event of a partial taking of the Property in which the fair market value of the Property immediately beyferd thp'taking is less than the o t of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in vyrtirig'¢r'unless applicable law oot�provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not thetams'are1ttten due. Unless Lender andt,Borrower otherwise agree in writing,any application of proceeds to principal shall not expend or poatponet,the due dateidf`(he man ly payments referred to in paragraphs 1 or change the amount of such payments. t ' y 11. Borrower Not Released,Forbaararfr?C e n ri,of the time for payment or modification of amortization of the sums secured by this Security Instrtrme` gr4ntMdb feno n �ccessot in interest of Borrower shall not operate to release the liability of the original Borrower oriiBRrrifveks sydpesso I r tee'st. Led shalt not:be required to commence proceedings against any successor in interest or refuse to a xterid'tir$efor tia e4odtfy amortization of the sums secured by this Security Instrument by reason of any demand made byrttle Original Borrower or Borrox'is suycessbf in'interest. Any forbearance by Lender in exercising any right or remedy shall not be a wahfer of or preclude the exercis t an i righter-remedy. 12. Successors and Assigns Bound(-44i11 and Several Liability; -Sj'grt4rC1'he covenants and agreements of this Security Instrument shall bind and benefit the successors anc#assigns of Lender and Borrowey sypject to the Provisions of paragraph 17. Borrower's covenantseerndragneements shall be joint distal. Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)is co-sigrijfi�thi"Securj t o to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument.( ist#'p rs led to pay the sums secured by this Security Instrument and(c)agrees that Lender and any other Borrower may agree/ enn idodifSi forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first Gass mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severabflity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shag remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer')that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with Packet Page-1774- 9/10/2013 16.F.1 . OR: 3945 PG: J300 paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do.nor allow anyone else to do.anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise), The notice shall specify: (a)the default:(b)the action required to cure the default;(cis date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but riot limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attomeys'fees"shall include any attomeys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) 0 Adjustable Rate Rider ❑Rate Improvement Rider__ 0 Condominium Rider 0 Graduated Payment Rider 0 1-4 Family Rider:� - R { 0 Second Home Rider Balloon Rider 0 Biweekly Paytt pOiltRjsfer- f?franned,Unit Development Rider Other(s)(specify Y t bl F p /&/%' \ 4 i ter •j-' SIGNING BELOW,Borrower accepts and agrees to the ting-"anQ covenants co tained in(his Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed-nd deliver= he press cif. i' t ~I i id#Witness#1. /. . `aY Y . / ` �` n 9 s in�sr� m Borrower's' ok;`n- , d Signature: Wir ) � f Witness#2: . � � Signature: !,- o Co•8orro vrar'\w afore: aadtes Palm View Drive, #103 "' Naples, Florida 34110 STATE OF FLORIDA COUNTY OF(// _e- I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements.personally appeared John J.Rowland to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and Stet=afor.a•this d-,' L S. J 20 My Commission Expires: Is r/ r t / 'mil" t: (Seal) t :w a Notary's Printed Name scion ilf Bonded T ru Atlantis wdn Co.,rB File#: 05-021 Packet Page-1775- 9/10/2013 16.F.1 . *** OR: 394b rt: iioi nn EXHIBIT "A" "' That certain condominium parcel composed of Apartment 103, Building C, COUNTRY CLUB GARDENS UNIT I, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 586, Page 1956, and any amendments thereto, Public Records of Collier County, Florida, together with an undivided interest in the common elements appurtenant thereto. ---: i v ( fit ,� --k k les, I y� r -' File No.:422976 Packet Page -1776- 9/10/2013 16.F.1 . First American Title Insurance Company,Naples PR.12000 Ofc. 1084(1345) (le/le) CHECK NO 1084212889 DATE:07/16/2013 FILE NO.1084-2963904 SETTLEMENT DATE:07/16/2013 CHECK AMOUNT:$8,423.14 BUYER: Cirella SELLER: Rowland Property Address: 1020 Palm View Drive Unit 103,Naples,FL 34110 Unit 103 Payoff Loan Charges Re: 13PZIWK) Charge Details: Principal Balance: 8423.14 JUL 17 2013 HOUSING & HUMAN SERVICES (-/.�rtStAL SECTION Thank you for doing business with First American Tile Insurance Company a- ORIGINAL DOCUMENT IS PRINTED'ON CHEMICAL REACTIVE PAPER&HAS A MICROPRINTED BORDER c First American Title Insurance Company First American Trust,FSB-Trust 5000 Tamiami Trail North Account S First American Way Naples,FL 34103 P Santa Ana CA 92707 s4-N. i!! (877)833-1754 Date 07/16/2013 PAY L/W 0,423.1 DOLLARS S 8,423.14 Re: Void After 90 Days TO THE Collier County Board of Commissioners ORDER 3339 E.Tamiami Trail OF Bldg H Suite 211 Naples,FL 34112 This Account b Poittsve Pay Protected Call(866)332-1936 for Verification. •_.a _ • �T'INCLU _ . r i , •a RD-DO NOT CASH IF THE WORD VOID IS VISIBLE o Packet Page-1777- • • 9/10/2013 16.F.1 .F.1 . • • • • `Lt3STR 4342174 OR 4492 PG 505 RECORDED 9/16/2009 4:06 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT ■ DOC @.35 $10.50 INT @.002 $6.00 REC $27.00 OBLD $3,000.00 OBLI $3,000.00 • 1 • SECOND MORTGAGE • • THIS SECOND MORTGAGE("Secu W rity Insment')Is given on_day of ,2009. The Second Mortgagor is: Javier Rodriguez,.a single man ("Borrower'),This Security Instrument is given to Collier County ('Lender"),which is organized and existing under the taws of the United States ofAmeria,and whose address Is 3301 E. Tandem! Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Three Thousand and 00/100 Dollar,' ($3,000.00).This debt is evidenced by Borrowers Note dated the same date as this Security Instrument(-Second Mortgage'),which provides for monthly payments,with the full debt, ■ if not paid earlier,due and payable on sale of property, refinance, or loae of horeeeatead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with Interest,and all renewals,extensions and modifications;(b)the payment of as other sums,with interest advanced under paragraph T to protect the security of the Security Instrument:and(c)the performance of Borrower's covenants and agreements under this Security instrument and the Note.For this purpose, Borrower does hereby second mortgage,grant and convey to Lender the lotlowhng described property located in Collier County,Florida. • As more particularly described as Golden Gate Estates,Unit 63 W 76E7 OF E 150FT OF Tract 103,Collier County,Florida and which has the address of. , ("Property Address': 2930 49t1 Ave NE, Naples, FL 34120 TOGETHER WITH all the Improvements now .e - ,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas fights and profits,wet, -•• • -Tf I�• cr hereafter a pars of the property. All replacements • and additions shag also be covered by rho Sew -. . . . - ,•to In this Security Instrument as the'Property'. i BORROWER COVENANTS that B y seized of the estate ed and has the right to mortgage,grant and convey the Property and that the Properly I tin eyed,except for encumbrances• :oft. orrower warrants and will defend generally the title to the Property against all claims d d - s,subject to arty encumbrances of ••••d THIS SECURITY INSTRUME Com• - • •••. • nants for national use and on-un rm covenants with endued variation by Jurisdiction to constitute a uniform se In • - vering re.. ••••- . • UNIFORM COVENANTS.B wer-net LO�nant •agree as l•lows: 1.Payment of Principal ar((t Into •at;Preps men n- t Cha•es.e y• o .,,It pm Fey pay when due the principal of and interest on the debt evidenced by the Note, 2.Taxes. The Mortgagor ill pay • es, —ss a:. - �-,)-or .her -t• pA•r to the accrual of any penalties or Interest thereon. The Mortgagor shalt pay or ya be•aid, -the.- <re - �-y becom de (Ay. I. es and governmental charges of any kind whatsoever which may at any t silo,' r '_• -inshr. with r--•-,z.,•• _� nY.(2)all utility and Other charges, .•. • Including"service charges'',incurred ed •i-opera"n,maintenan•- se o panty and Improvement of the Property, and(3)alt assessments or other gover iMe Charges that may lawfully be pa'•' Instal., -nts eriod of years,the Mortgagor shall be obligated under the Mortgage to pay or T? •be paid only midi Installments ,• re• (redo M during the term of the Mortgage,and shall,promptly after the payment of any• ageing,forward to Mortgagee, `.ce•t a . ent • 3, Application of Payments. •Ie ••liceble law provides otherwise, 1 nth Ived by Lender shall be applied;first,to interest due;and,to Drinclpal due;and last, #fly ha•-charges due under the Note.. �✓� . 4.Charges;Liens.Borrower steal y=-,y- . assessments,charges, seer inpfositions attributable to me Property which may attain priority over this Security Instrument.and d eta or groun•sen_ anjsg orrower seat promptly furnish to Lender all notices of amounts to be paid under this paragraph,-. •a!ftget - • r= i•; •'�: to. Borrower shall promptly discharge any lien aTat-I . ty•veriiiz . - Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a mann - cur,(b)contests In good faith the lien by,or defends against enforcement or the nen In,legal proceedings which In the Lenders opinion operate to prevent the enforcement of the lien:or(c)secures horn the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security instrument. If Lender determines that any part • • of the Property Is subject to a lien which may attain priority overthe Security Instrument,Lender may give Borrowers notice identifying the ken. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S,Hazard or Property Insurance.Borrower shay keep the Improvements now existing or hereafter erected on the Properly insured • against loss by fire,hazards inducted within the term'extended coverage'and any other hazards,Inducting goods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shag not be unreasonably withheld. If Borrower falls to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lender's rights in the Property In accordance with paragraph 7.At all times that the Note Is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are cu stomarlty insured against and pay,as the same become due and payable,all premiums M respect thereto, including,but not limited to•eg•risk Insurance protecting tire interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casuat tes customarily Insured against(including boiler explosion,if appropriate),with a uniform standard extended • coverage endorsement,Including debris removal coverage.Such insurance at all times to be in an amount not lass than the tug replacement cost of the Premises,exclusive of footings and foundations. All insurance polities and renewals shag be acceptable to Lender and shall induce a standard mortgage Clause. Lender shag have the right to hold the polices and renewals. If Lender requires,Borrower shalt promptly give to Lender all receipts of paid premiums and renewal notices, In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,Insurance proceeas shall be applied to restoration or repair of the Property • damaged,if the restoration or repair is economically feasible and Lenders security Is not lessened. If the restoration or repair Is not economically feasible or Lenders security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days • a notice from Lender that the insurance carder has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use Lire proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraph I or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrowers right to any insurance policies and proceeds realtlng from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. • 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds.Borrower shall occupy,establish,and use the Property as Borrowers principal residence within sixty days after the execution of 1n1a Security instrument and • shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent that riot be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shalt not destroy,damage or Impair the Property,allow the Property to delariuraie,or commit waste on the owe*, Property. Borrower shag be in default If any forfeiture action or proceeding,whether civil or criminal,is begun that In Lenders good faith judgment could result to forfeiture Of the Property or otherwise materially impair the lien created by this Security instrument or Lender's security • Interest. Borrower may cure Supt a default and reinstate,as provided In paragraph 18,by musing the action or proceeding to be dismissed 12 • • • • Packet Page -1778- 9/10/2013 16.F.1 . • OR• 4492 PG 506 • • • • • with a ruling that,in Lender's good faith detemenaUon,precludes forfeiture of the Borrowers Interest in the Property or other material revelment of the llen created by this Security Instrument or Lenders security Interest.Borrower shad also be In default If Borrower,during the loan application process,gave materially false or Inaccurate information or statements to Lender(or faded W provide Lender with any material Information)in connection with the loan evidenced by the Note,Including,but not limited to.representations concerning Borrowers occupancy • of tin Property as a principal residence. If this Security Instrument Is on a leasehold.Borrower fret comply with all the provision of the lease. • • If Borrower acquires fee title to the Property,the leasehold and the fee ells stns not merge unless Lender agrees to the merger in writing. t • 7.Protection of Lenders Rights in the Property, If Borrower fails to perform the covenants and agreements contained In this Security Instrument,or there Is•legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding In • bankruptcy,probate,for condemnation or forfeiture orb enforce laws or reputations),then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may Include paying any sums secured by a ken which has priority over this Security instrument,appearing hi court,paying reasonable attorneys'fees and altering on the Properly to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so.Any amounts disbursed by Lender under this paragraph 7 shalt become additional debt of Borrower secured by this Security Instrument.Unless Borrower and Lender agree to other terms of payment,these amounts shad bear Interest from the date of diabunement at the Note rate and steal be payable,with Interest,upon notice from Lender to Borrower requesting payment. 8,Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument,Borrower shatr pay the premiums required to maintain the mortgage Insurance In effect It,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be In effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously In effect eta cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect•from an alternate mortgage insurer approved by Lender. It substantially Y tarlymo equivalent Insurance insurance being Is not available.Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paitl by Borrower when the Insurance coverage lapsed or ceased to be In effect Lender will accept,use and retain these payments as a loss reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in ' the amount and for the period that Lender requires)provided by en Insurer approved by Lander again becomes available and Is obtained. ' • • Borrower shad pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage Insurance ends in accordance with any written agreement between Borrower and Lander or applicable law. 5.Inspector. Lender or Its agent may make reasonable entries upon and Inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. • 10.Condemnation,The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation • or other taking of any part of the Property,or for conveyan-=' • co •. '•n,are hereby assigned and shall be paid to Lender, In the event of a total taking of the Property,the proceeds shell-50, ,1 0,e s by this Security instrument whether or not then due, • with any excess paid to Borrower. In the event of• *19'a.c e•- u•..: it , a fair market value of the Property immediately before the taking is equal to or greater than the l�rYysa�� urns secured• - ument rmmedlatety before the taking,unless Borrower and Lender otherwise agree in writ .Vr•a. secured by this Security In • - - :I be reduced by the amount of the proceeds • multiplied by the following fraction:(a)the i al of the sums secured Immediately• .- tit.taking,divided try(b)the tale marital value ' • of the Properly immediately before the taklxt. • • lance shall be paid to Borrower.In event• a partial taking of the Property In which the fair market value of the Property imrr rdi_aieiy'be.re e :1 • I• Uran• . -rat of“ti as -secured immediately for the taking, unless Borrower and Lender otherwise glee Io'wri`�!,•- ,;ss applicable .'e•I -a p• '•es,tit.proceeds shall be applied to the sums seared by this Security Instrument :tier o f net the sums• ,th:. ••-•Unless h-nder and>•frowe otherwise agree In wining,arty application of proceeds to principal sit-II not xt:••• •• s ■ I • • -rats r-tarred bin paragraphs t or change the amount of such payments. 11.Borrower Not Retires Fo •a ce:,Le • of A. -•e • the. .. . payment or modification of • amortization of the sums secured by•Is Self Sty nil ..nt -d .. •any sot- ■to-St of Borrower shall not operate to release the liability of the original r• - . •w, ` •r Ill.Lend ha•not . • '-d to commence proceedings against any successor in interest or r (fin• ,:.•^�. ,. . lee • • • the sums secured by this Security Instrument by reason of any demand the engine Borrower or Bo • • suedes,•is In -r , My forbearance by Lender In • exercising any eget or remedy shad n erof or preclude the exercise •.y rig or . :• • 17. Successors and Assig ••Joint and Several Liability ^•ce•. r 461 ants and agreements of this Security • • Instrument shad bind and tleneft the su _t : d assigns of tender and 8• .. . •J Provisions cif paragraph i 7.Borrower's co-, d agreements shall be Joint and•, :I. :orrower who co-signs this Security • • I • nstrument but does not execute the Note;(a •this Security Instrument o • • i • ,'a.grant and convey that Borrowers interest • In the Property under the terms of this Security Is not personally •-t •-.-_ the sum'secured by this Security Instrument and(c)agrees that Lender and any other Borrow •!• e • -ire any aceornmodatidns with regard to the . . terms of this Security Instrument or the Note without :�!� •.•. • 13. Loan Charges, If the loan secured by this h •'..ct to a Saw which sets maximum loan charges,and that law Is finally Interpreted so that the Interest or other loan charges ...=':or to be collected in connection with the Wan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amounenecessery to reduce the charge to the permitted limit and(b)any sums already collected from Borrower which exceeded=meted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the prWdpal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction wkl be treated as a partial prepayment without any prepayment charge under the Note. • 14,Notices,My notice to Borrower provided for In gds Security Instrument shad be given by delivering it or by mailing it by first class mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address • Borrower designates by notice to Lender.Any notice to Lender shall oe given to Borrower or Lender when given as provided In Nis paragraph. 15.Governing Law;Severability.Na Security Instrument shad be governed by federal law and the law of the Jurisdiction In which the Property Is located. In the event that any provkWn or douse of this Seatity Instrument or the Note conferee with applicable taw,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To I this end the provisions of this Security Instrument and the Note are declared to be severable. • 1 s. Borrower's Copy.Borrower shall be given one conformed copy of the Note and of Oils Security Instrument. • 17.Transfer of the Property or a Beneficial Interest in Borrower. if as or any part of the Property or any interest(nine sold or • • transferred to If a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written ' • consent,Lender may,Cl its option,require Immediate payment In fun of all sums secured by this Security Instrument. However,this option shall • not be exercised by Lender If exercise is prohibited by federal law as of the date of this Security Instrument. • If Lender exercised mks option,Lender shall give Borrower notice of acceleration.The notice shall provide e period of not less man 30 days from the date the notice is delivered or mailed within which Borrower must Day all sums secured by this Security Instrument. If Borrow,'fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security instrument without furrier notice or demand on Borrower. 1s. Borrowers Right to Reinstate. it Borrower meets certain conditions,Borrower shalt have the right to have enforcement of this Security Insrument discontinued at any time poor to the earlier of;(01 5 days(or such other period as applicable law may specify for • reinstatement)before sale of the Property pursuant to any power of sale contained in this Security instrument;or(b)entry of a Judgment enforcing this Security lseement. Those conditions are that Borrower(a)pays Lender all sums which then would be doe under tkiu Security Instrument and the Note as Y no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays an axr erases Incurred in enforcing this Secvury Instrument,Including,but not limited to,reasonable adomey'a fees;and(d)takes such action as Lender may reasonably require to assure that the lien of tins Security Instrument,Lenders rights In the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged.Upon reinstatement by Borower,this Security Instrument and the obkgations secured hereby shall remain luny effective as t no acceleration had ocoaled:However,this right to reinstate shad not apply in the case of • acceleration under paragraph 17. te. Sale of Note;Change of Loan Servicer,The Note ore partial Interest in the Note(together with this Security Instrument)may • be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the'Loan Servicer')that corrects monthly payments due under the Note and this Security Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer,Borrower writ be given written royts of the Orange in accordance with • paragraph 14 and applicable law.The notice wilt state the name and address of the new Loan Servicer and the address to which payments should be made The notice will also contain any other Information required by applicable law. • Packet Page-1779- /1( 9/10/2013 16.F.1 . *x* OR 4492 PG 507 *** 1 • • 20.Hazardous Substances. Borrower shed not cause or perrNt the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that Is In violation of any • Environmental Law.The preceding two sentences shall not apply to the presence,use.or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property, Borrower shag promptly glee Lender written notice for any investigation,dahn,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. d Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary,Borrower shad promptly take all necessary remedial actions In accordance with Environmental Law. As used in this paragraph 20."Hazardous Substances'are those substances dented as toxic or hazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides end herbicides,volatile • solvents.materials containing asbestos.or formaldehyde,and radioactive materials. As used kr this paragraph 20.'Environmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to heat r,safety or environmental protection. 21.Acceleration;Remedies.Lender shed give notice to Borrower prior to acceleration following Borrower's breach of any covenant - or agreement in sus Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise), The notice shall specify: (a)the default;(b)the action required to cure the default:(o)a dale,not less than 30 days from the date the notice Is given to Borrower,by which the default must be cured;and(d)that failure to axe the default on or before tire date specified In the notice may result In acceleration of the sums secured by this Security instrument,foreclosure by Judicial proceeding and sale of the Property. The notice shalt , • further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. if the default Is not cured on or before the date specified In the notice. Lender,at its option,may require immediate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies ' provided In this paragraph 21,including,but not limited to,reasonable attorney's foes and costs of the title evidence, 22.Release.Upon payment of ad sums secured by this Security Instrument,Lender shall release this Security Instrument without charge,to Borrower. Borrower shalt pay any recordation costs, 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'tees'shall Include arty attorneys'fees awarded by an appellate court. 24.Riders to this Security instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument.the covenants and agreements of each such rt• ,.o•._ nto end shall amend and supplement the covenants and • agreements of this Security Instrument as if the ride •-rep• •!'i i '_eV rent (Check Applicable Box) (R Adjustable Rate Rider 0 Rat: Rider (. •d r Ider L�Graduated Payment Rider 0 1 _ 'er lai Rider 0 Balloon Rider t ,'twee Payment Rider 0 Planned U 'D ment Rider 0 Other(s)(specify \.- SIGNING BELOW,Borrower accepts rill a• a "1 ty i strument and in any rider(s)executed%Willi by Borrower and recorded with k, tr • Signed,sea.,•app: �ed In the p-sin- • • f "" �� �.!t Wines • -- Signs are Iii"aY� • `.. ♦e' ,t • Borrows �if' i�`:.�• goers Signature:/L C .a l wk.. /� ra. Witnesss2: 1/�?//r..es_ Signature: Co•Borrower Signature: / 7!V fir esTtld; ��. (n- � t Ave NE . •2.,t • :a, Florida 34220 STATE OF FLORIOS COUNTY OF COLLIER t hereby certify that on this day,before me,an officer duty authorized in the state aforesaid and in the county aforesaid to take • acknowledgements,personally appeared Javier Rodriguez to me known to be the person(s)described in and who executed the foregoing Instrument and acknowledged before me that(Her she/they)executed the same for the purpose therein expressed. i WITNESS my hand and official seal M the County and s,c2 day ot�' V e20 Cif 1 My Commission Expire: / —7'�-._� r ' (Seat) 409g/i2o/Z�. NK 2„ri T J eat _--_/ f"_f ysa u9l/ i s Printed Name ^Y"4J—�`— `�,�jy T+(� xv au,, Notary Public State of Florida ?° Frances S Legdan 4 ER• My Commission D0719795 4.o fpm Expires01/18/2012 wu1/WeN . ■ File: 09-162 I i Packet Page-1780- ■.' ,D,.l.. _.,T .NcATlr..l y 'TFFl(A. ,!?R\=E-La,..p,;-f'4 -OFFICIAL C__HEC K ) s,'=� '-.'Fc- Hs.-E' 9/10/2013 16.F.1. 1! , ThirdFecierale CLOSING CHECK SAVINGS 8c LOAN ISSUED BY MONEYGRAM PAYMENT SYSTEMS,INC.P.O.BOX 9476 MINNEAPOLIS MN 55480 1 1 0 ' DRAWEE:BOSTON SAFE DEPOSIT 8 TRUST CO.BOSTON,MASSACHUSETTS , DATE 06/17/2013 � ' PAY THREE THOUSAND AND 00/100 $3,000.00 DRAWER:THIRD FEDERAL SAVINGS 8 LOAN ASSOCIATION OF CLEVELAND~1 } TO THE ORDER OF COLLIER CTY BOARD OF CTY COMMISSIONERS €` HOUSING, HUMAN AND VETERAN SERVICES 3339 E T I TRAI . ; NAPLES, FL 34112 ATTN: HOUSING, HUMAN AND VETERAN SERVIC ''J PURCHASER,SIG ER FOR DRAWER 6/17/2013 THIRD FEDERAL SAVINGS 50048194 AND LOAN ASSOCIATION OF CLEVELAND 7007 BROADWAY AVENUE $3,00a.oa CLEVELAND,OHIO 44105 721030109 COLLIER CTY BOARD OF CTY COMMISSIONERS HOUSING, HUMAN AND VETERAN SERVICES 3339 E. TAMIAMI TRAIL, BLDG H, STE 211 NAPLES, FL 34112 ATTN: HOUSING, HUMAN AND VETERAN SERVICES Payment in full for Loan No.09-162 recorded on Vol.4492,Pg.505 in re:RODRIGUEZ,2930 47TH AVE NE,Naples, FL 34120 Third Federal is issuing you this check in reliance upon the agreements you have with us regarding the payoff of a loan you extended to Borrower. You are authorized to negotiate this check only if you have complied with the paperwork previously provided to you in connection with the payoff request from Third Federal,which paperwork requires you to close Borrower's account as of the date hereof,and release your lien on the Borrower's real property and file such release in the real estate records forthwith,but in no event later than 90 days after receipt of this check. If you do not agree to the foregoing terms,you may not negotiate this check. PLEASE DETACH BEFORE DEPOSITING • Packet Page -1781- Leta: 2530973 OR: 2591 YG; U�41 OILD ; 9/10/2013 16.F.1 . • Ault !ITU COI) 110ED 5 ti tit OttlCIAL UCOtDI o! COLU/t COM M, tt OrLI — 1105 COlrtt ID 131 !I 0l/13J!!!! at 11:0S111 01I6R 1. 11OCI, CLlH UC Ri iS.N ti6!U tL 31111 DOC••3S 1.75 2�mortgage fm:n SECOND MORTGAGE 0 THIS SECOND MORTGAGE('Security instrument')is given on September ,1999. The Second Mortgagor is: Lawrence Mosher ("Borrower). This Security Instrument is given to Collier County ('Lender),which is organized and existing under the laws of the United States of America,and whose address Is 2900 North Horseshoe Drive, Naples, 00 Florida 34104*e , Borrower owes Ls Note ddated the same date Thousand Security Instrument tent(("Secordlu :, Mortgage"), 2,soo.oo >. This debt*evidenced eirtdenoad by Borrowers which provides for monthly p•ym«�s,with the full debt,r not paid earlier,due end payable ea sale of property,, refinance, or loss of homestead eseapt ioa . This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the Note,with Interest and all renewals,extensions and modihcetions:(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security or the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County,Florida. and which has the address or' As more particularly described ("Property Address') m2385 11" Ave HE, Naples, Florida 34120 TOGETHER WITH all the improvements now or hereafter erected on the property.and all easements,rights, the appurtenances,p y. A rents,royalties,m n additions shall sshall ai o be covered by the Security nstrument deAil all of the foregoing referred to in a the property. All replacements this Security Instrument as the"Properly'. BORROWER COVENANTS that Borrower Is lawfully seized of the estate hereby conveyed and has the right to mortgage. grans and convey the Property and that the Property is unencumbered.except for encumbrances of record Borrower warrants and will defend generally the title to the Property against at claims and demands,subject to any encumbrances of record. THiS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrutnent•eovering.real sopped UNIFORM COVENANTS. Borrower and Lender ceirahAfit ,eg1$a�. Borrower shall promptly pay when due the 1. Payment Of Principal end Interest;Petri y} 1 C`►j_aigr \ principal of and interest on the debt evidenced byte, ,t 2. Taxes. The Mortgagor will pay arytaroa,, sessments,sewer rents wateer\rates prior to the accrual of any penalties or interest thereon. / �_/'is its s�trte tee Y this.(AK 1)all taxes and governmental The Mortgagor shall pay or cahee kko be fSatltj __..'f. levied or with respect to the ve rime tal(2)111 charges of any kind whatsoever which may at • am' 6i, 4a� 'wane o ath r Menem*.use. the Property..(2)11 utility ar+d arbor charges,including`service cha • • ,- .;''i' K'+�if.for *�' i ty lawfully use.paid in occupancy,upkeep and e Mnpr sod of years,the fe Monty,and(3)' ' ," s , , ski to paid«dy such installments as are over r d food d id the the mm of shell be a hall, • 1 or Orient of any' of the foregoing.forward to required ro be Pad during the term of the r+torl � � t4ortgagM evidence of such payment `�f applicable law provides otherwise all pets received by Lender shall be applied: 3. Application of Payments. rr�y DPria first,to interest due:and,to principal due:atetf teal.to any late charges dus +�lder the impositions attributable to the Property 4. Charges;Lens, Borrower shi hOi Saxes.assessments, over this Security In ,and leasehold carnet: Tents,if any Borrower shalt promptly which may attain priority chi ra and all evidencing the payments. furnish to Lender at notices of amounts to be hi s paragraph.ph''v Instrument nt unless Borrower(a)agrees in Borrower Malt promptly discharge any)ta rrfiiCt h3�Sri y `r'ia writing to the payment Lender:(b)contests in good faith the lien by or Of the obligation secured by tcee h.via opinion operate to prevent the enforcement of the demands )secures enforcement r m t l the lien lien legal p �° Nan:«(c)sechrM from the roller of the flan an agreement sacra a'Cto"ry o Lender subordinating the lien to this Security instrument. It Lander determines that any pan of tit Property is subject to a lien which may attain priority over the Secunty instrument.Lender may give Borrower a notice identifying the Wen. Borrower shall satisfy the lien or take ode or more of the actions set forth above within 10 days of the giving of fleece 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing heer sehazaere, the floods or Property insured against loss by fire,hazards included within the term"extended coverage`and any flooding,for which Lender requires insurance. This insurance shell be maintained In the amounts and for the periods that Lender requires. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shah not be unreasonably withheld. If Borrower felts to maintain coverage described above.Lender may,of Lender's option,obtain Coverage toy protect Lender's rights in the Property tai accordance with paragraph 7 At all times that the Note is outstanding,the Mortgagor shal maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay. as the sane become due and payable.all premiums in respect thereto,including,but not limited to`and all-risk insurance e protecting es to he interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, Msured against(including boiler explosion.if appropriate),with a uniform standard extended coverage endorsement,including debris remover coverage. Such insurance at all times to be in an amount riot less than the full replacement cost of the Premises,exclusive or footings end foundations Al insurance policies and renewals shall be acceptaole to Lender and shall include a standard ro morigaga all clause. Lender deli shall have the right to hold the policies and renewals. if Larder requires.Borrower shall promptly p���and Lecept of paid premiums end renewal notices. In the event of loss,Borrower shall give prompt may make proof of loss if not made prom*y by Borrower. shall be applied to restoration or repair of the Unless Lender and Borrower otherwise agree in writing,insurance proceeds is not p ied to restoration restoration r rpr or Property damaged.if the restoration or repair is econordcaliy feasible and Lender's security s shall be lessened. If t applied to sums repair is not economically feasible or Lender's security would be lessened,the i surance proceed secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property. or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle ayc aim,tha Lender may coped the insurance proceeds. Lender may use the proceeds to repair or restore the Property Lender bY this Security I strument,whether o not then due. The 30day period wit begin when tit notice is mailed. due Unless a of the eontdty payments otherwise agree in writing,any application of proceeds to principal shalt not extend or postpone referred to in paragraph 1 or change the amount of the payments. tf under paragraph 21 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds results a from darn/roe to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by the Security Instrument immediately prior to the acquisition. .. 6. Oeaganey,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shell occupy,establish.end use the Property as Borrower's principal residence within sixty days alter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the data of occupsnnry,unless Lender otherwise agrees in writing,which consent shall not be unreaaanably withheld,or unless extenuating Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the cygy ertpee which commit waste to on the Property. Borrower shall be In default Y err/forfeiture action or proceeding.whether Property iu.i...,,...,e.,r.,..,,i,t result in forfeiture of the Property or otherwise materially impair civil or crime*,is begun that in Larders good fa Packet Page-1782- OR: 2591 PG: 0 9/10/2013 16.F.1 . 1'1 mortgage form 0 the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 1e,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security instrument or Lender's security Interest. Borrower shall also be in default if Borrower.during the loan application process,gave materially false or Inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to.represenWions concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold.Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding In benkruptcy,probate,for condemnation or forfeiture or to enforce taws or regulations),then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sutra secured by•Nen which has priority over this Security Instrument,appearing in mart.Paying reasonable attorneys'fees and entering on to Properly to make repairs, Although Lender may take action under this paragraph 7,Lender does not have to do so.' Any amounts disbursed by Lender under this paragraph 7 shah become additional debt of Borrower secured by this Security Instrument. Unless Borrower end Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. I. Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the ban secured by this Security Instrument,Borrower shah pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a coat substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance Coverage is not available,Borrower shall pay to Lender each month a sum equal to ore-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect Lender will accept,use and retain these payment*as a lose reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required.at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a toss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law S. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property Lancer shall owe Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any pan of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the P•• • • .•a shall be applied to the sums secured by this Security instrument whether or not then due,with any traces , • Jr `the event cis partial taking of the Property,in which the fair market value of the Property immediately bet ilk . • •,.•, _ ofp r;oeter than the amount of the sums secured by this Security Instrument immediately before the to and agree in writing,the sums secured by this Seamy Instrument shall be reduced by the iiri+�o{uu,� the proceeds mu hidi �WWNowing traction'(a)the total amount of the sums secured Immediately before the takkln,di`Ided by(bj_the fair market v the Property immediately before the taking. Any Wanes shall be paid to Borrower, In tt.,everaef ,patiil tabku0.of-thl,, ODenY In Atm fair market value of the Property rrensdistely before the taking is less the Smog o&1te sums.secured foe the taking.unless Borrower and Lender otherwise agree in writing or u less .. ., , . I(7e applied to the sums secured by this S e c u r i t y Instrument whether or not the uns';tfte eee L Otherwise agree in writing,any application of proceeds o principal shall not extend pots r•• •the•ue da te of the I` referred to in paragraphs 1 or change the amount of such payments. i I‘ .,.,9 1. i I i I` I 11. Borrower Not Retessed\P - B• . r WaiveEXfiah�,�, 'of the time for payment or modification of amortization of the sums secured by lhi erity Instrument granted bf ender'to any�eisor in interest of Borrower shall not operate to release the liability of the ortgi Borrower or Borrower's succ eors in in, ra ft(te Lender shall not be required to commence proceedings against any successor in Int ellivqt,refuse to extend time tcity►i?en e modify amortization of the sums secured by this Security instrument by ressgrtot�qlyy demand made by the o• ' fo�rr_hear or Borrower's successors in interest, My forbearance by Lender in exercising any hmt-gr remedy shall not be a p� pf preclude the exercise of any right or remedy. 12. Successors and Assigns Boun1►, Otittendjsevral Lt , o slp►ere. The covenants and agreements of this Security Instrument shall and and benefit the suctessol� asslp c; Borrower,subject to the Provisions of paragraph 17. Borrower's covenants an rats beiotnt and several. Any Borrower who cosigns this Security Instrument but does not execute the Note:(a)is�rig is Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. It the loan secured by this Security Instrument is subject to a law which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower If a refund reduces principal,the reduction wilt be treated as•partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shell be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any Other address Demmer designates by notice to Lender. My notice to Lender shall be given to Borrower or Lender when given as Provided in this paragraph. 16. Governing Law;S•verabllty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable taw,such conflict shall not arrest other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 1e. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial interest In Borrower. If all or any part of the Property or any interest in it IS sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent.Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Securiy Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must ay all sums secured by this Security Instrument. If Borrower faits to pay these sums prior to the expiration of this period,Lender may Invoke any remedies permitted by this Security Instrument without further notice or oem•nd on Borrower. 1$. Borrower's Right to Reinstate. II Borrower meets certain conditions,Borrower shall have the right to have enforcement Of the Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable taw may specify for reinstatement)before sae of the Property pursuant to any power of sale contained in this Security Instrument:or (b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under t his Security Instrument and the Note as If no acceleration had occurred:(b)cures and default of any other covenants or agreements:(c)pays all expenses incurred In enforcing this Security Instrurtent,including,but not limited to,reasonable attorneys fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security instrument. Lender's rights In the Properly and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,the Security Instrument and the obligations secured heereby shall remain fully effective as r no aceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. Packet Page-1783- t"" OR: 2591 PG: 01 9/10/2013 16.F.1 . 2 mortgage form 0 10. Sale of Nee;Change of Loan Servicer. The Note or a partial interest In the Note(together with this Security Instilment)may be sold one or more line without prior notice to Borrower. A sale may result in a change in the entity (known as the'Loan Servicer)that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to•sale of the Note. 11 there is a change of the Loan Servicer. WARR Borrower will be given written notice of the change In accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or In the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence. use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any Investigation,cl aim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority, that any removal or other mediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take as necessary remedial actions in accordance with Environmental Law. As used In this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by ErWIrownantat Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used In this paragraph 20,'Environmental Law'means federal laws and laws of the jurisdiction Mere the Property Is bated that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's !reach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date.not less than 30 days from the date the notice is given to Borrower.by which the default must be cured;and(d)that failure to cure the default on or before the date specified In the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. 11 the default is not cured on or before the date specified in the notice,Lender,al its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to.reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security_lns*sumenland the Note,'attorneys'fees'shall include any attorneys'fees awarded by an appellate court. -' ,(-j..� /{� )' 24. Riders to this Security lnstrumwe�►G�1( .mom +RYer� r ecuted by Borrower and recorded together with this Security Instrument,the oov a(td trdraeinsnts of each b be incorporated into and snail amend and supplement the covenants and sgr n oiiii this Security Instrument rider(s)were a pan of this Security Instrument. (Check Applicable Box) / / \ \ O Adjustable Rate Rider / ` ' te Improve t Ritter �4—+ Condominium Rider i O Graduated Payment Rider yf a i!r`er � Second Home Rider 0 Balloon Rider ;P`.,j(�f :. n ment VI L4 Planned Unit Development Rider 1 �e • , , :°"t i, i O Other(.)(specify �-' :l. / .- SIGNING BELOW,Borrower Security accepts the terms and t OVO in this Sec Instrument and in any rider(*)executed by Borrower and► n ...,_, S IV,..,t Signed.s s del jer the presence of: -�_' ,.. - Witnwsat ;}, ill l_ l' a' Signature: 114-.... it / 1?vr Borrower Lawrence Hoeher Signature: ary�� lid I 1 r li' Wtnesee?: Z� S- Signature: j Co-Borrower Signature: C t..' ,.-.4' L .. 6 1-r C' _ Address: 2385 41" Ave to Naples, florida 34120 STATE OF_Fl�a'iida COUNTY OF( P)1 It e,- I hereby certify that on this day,before me,an officer duly authorized in tiro state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Lawrence Mosher, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that(Her she/they)execut the., same for the purpose therein expressed. `P/ `'f' ��'{` �)S /r�e�i1�r ;C (l �Jl WITNESS my hand and official seal�in the County arid State aforesaid this r../c day of, W'r f ,19_ My Commission Expires: �.-/i'i/ y( C/ . -> Notary Public's ture (Seel) c Notary's Printed Name e !lea or Per es cur Comm Erp Feb to 7e0e Comm a CC71e1147 i Packet Page -1784- 9/10/2013 16.F.1 . 1791 332221 06/19%2013 3,800.O0-SHIP LOAN REP.RODRIGUEZ P09-162 100620547 SHIP REP&CREDIT REPORTS GRANT PROGRAM MCO I Fund WE Elam Copt Elem. Poat0 Date^R Va000Area Crc0 Name Ref00096 Document Header Tent Purchase order text Cost element name 1 9., 33258.1 369600 07/19)2013 8.423.14-SHIP LOAN REPAY-ROWLAND,JOHN J.805-021 /00625106 SHIP LOAN REPAYMENT GRANT PROGRAM WCO .. 0 791 33258.1 07%1Oj2013 7.698.82-SHIP IF-19F48ERLV MURRY 802-054-6 100623881 SHORT SALE&SHID GRANT PROGRAM peCO., ,... 791 33258.1 5,000.00-SHIP REP-KIMBERLY MURRAY x02-209 300623881 SHORT SALE&SHID GRANT PROGRAM pICO„ Packet Page-1785- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve a grant agreement between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program, for the Homeless Information Management System (HMIS) Project in the amount of$99,662,in order for HUD to begin the transfer of the grant to Catholic Charities. OBJECTIVE: To accept a contract from HUD for the CoC HMIS. CONSIDERATIONS: Collier County was the CoC HMIS lead agency since 2006. New Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act regulations, give the local Continuum of Care(CoC)Committee the sole discretion to appoint the HMIS Lead Agency. At the December 6,2012 CoC Committee meeting, the members voted to recommend a transfer of HMIS Lead Agency from Collier County Housing, Human and Veteran Services (HHVS) to Catholic Charities of Collier County, Diocese of Venice. HHVS sent notification to HUD of the relinquishment of HMIS Lead Agency duties on December 12, 2012. HUD has accepted the County's request and has been working with HHVS to transfer the grant. Since the designation of lead agency changed during the middle of the grant year, HUD instructed the HHVS office that Collier County needed to apply for the upcoming renewal cycle. On January 8, 2013, Agenda Item 16.D.5, the Board of County Commissioners approved the electronic grant submittal for the FY2012 CoC HMIS grant renewal on behalf of Catholic Charities. HUD guidance at that time indicated that depending on the timing of the award, HHVS staff may need to request Board acceptance of the funding. On July 3, 2013 HUD notified the HHVS office that the Board will need to accept the contract for the renewal funding for FY2012. Once the fully executed agreement is sent back to HUD, its office will prepare a termination agreement between Collier County and HUD. The termination agreement will be brought to the Board for consideration at a later date. The termination agreement will sever ties to Collier County for the CoC HMIS grant and HUD will contract directly with Catholic Charities. The acceptance of this agreement and subsequent termination contract, at a later date, will allow the continuation of the HMIS program to support County citizens and will not have any negative impact on the public. This is merely an administrative action. HHVS supports this action and supports the growth of the CoC. The HMIS transfer from Collier County to Catholic Charities took place on April 30,2013 when the current grant expired. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: No budget amendment is necessary to recognize revenue as funds will not be managed by HHVS. The action to execute the award is administrative in nature to allow for HUD to develop a termination agreement to be brought forward at a later date. The funding of $99,662 will continue to benefit Collier County under another lead agency. Packet Page-1786- 9/10/2013 16.F.1 . LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board Action.—JAB GROWTH MANAGEMENT IMPACT: This application is consistent with the Growth Management Plan. RECOMMENDATION: To approve a grant agreement between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program, for the Homeless Information Management System(HMIS)Project in the amount of$99,662, in order for HUD to begin the transfer of the grant to Catholic Charities. Prepared By: Elly Soto McKuen, Operations Analyst;Housing,Human and Veteran Services Packet Page-1787- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve a grant agreement between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program,for the Homeless Information Management System (HMIS) Project in the amount of$99,662, in order for HUD to begin the transfer of the grant to Catholic Charities. Meeting Date: 7/23/2013 Prepared By Name: McKuenElly Title: Grant Support Specialist,Housing,Human&Veteran 7/22/2013 3:33:14 PM Submitted by Title: Grant Support Specialist,Housing,Human&Veteran Name: McKuenElly 7/22/2013 3:33:16 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 3:38:52 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 7/22/2013 3:49:25 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/22/2013 3:56:00 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Packet Page-1788- 9/10/2013 16.F.1 . Date: 7/22/2013 5:08:46 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/22/2013 7:42:14 PM Name: KlatzkowJeff Title: County Attorney Date: 7/23/2013 1:33:46 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 7/23/2013 3:10:31 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/24/2013 9:31:10 AM Name: OchsLeo Title: County Manager Date: 7/25/2013 4:37:50 PM Packet Page-1789- 9/10/2013 16.F.1 . U.S.Department of Dousing and Urban Development tf Office of Community Planning and Development 909 SE First Avenue Miami,FL 33131 Tax ID No.: 59-6000558 Project Location: Naples Florida Grant Number: FL0294L4D061204 Effective Date: 07/03/13 DUNS No.: 076997790 2012 CONTINUUM OF CARE PROGRAM GRANT AGREEMENT This Grant Agreement("this Agreement")is made by and between the United States Department of Housing and Urban Development("HUD") and Collier County Board of County Commissioners (the "Recipient"). This Agreement is governed by title IV of the McKinney-Vento Homeless Assistance Act. 42 U.S.C. 11301 et seq. (the "Act")and the Continuum of Care Program regulation (the "Regulation"). The terms "Grant " or"Grant Funds"mean the funds that are provided under this Agreement. The term "Application"means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, and any information or documentation required to meet any grant award condition. All other terms shall have the meanings given in the Regulation. The Application is incorporated herein as part of this Agreement, except that only the project listed, and only in the amount listed on the Scope of Work, is funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement,this Agreement shall control. Exhibit 1,the FY2012 Scope of Work,is attached hereto and made a part hereof. If appropriations are available for Continuum of Care grants; and if Recipient applies under a Notice of Funds Availability published by HUD; and, if pursuant to the selection criteria in the Notice of Funds Availability,HUD selects Recipient and the project for renewal, then additional exhibits may be attached to this Agreement. Those additional exhibits, when attached, will also become a part hereof. The effective date of the Agreement shall be the date of execution by HUD and it is the date use of funds under this Agreement may begin. If the project funded by this Agreement is a new project, Recipient and HUD will set an operating start date in LOCCS for the project, which will be used to track expenditures and to determine when the project is eligible for renewal. If this Agreement renews funding for a project, the term of this Agreement shall begin at the end of the Recipient's final operating year for the grant being renewed, and eligible costs incurred for the project between the end of Recipient's final operating year under the grant being renewed and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. This Agreement shall remain in effect until termination either 1) by agreement of the deritook parties; 2)by HUD alone, acting under the authority of 24 CFR 578.107; or 3)upon expiration of the final operating year of the project funded under this Agreement. www.hud.eov esoanol had.gov Page 101 Packet Page-1790- C,.1( 9/10/2013 16.F.1 . Recipient agrees: 1. To ensure the operation of the project listed on the Scope of Work in accordance with the provisions of the Act and all requirements of the Regulation; 2. To monitor and report the progress of the project to the Continuum of Care and HUD; 3. To ensure,to the maximum extent practicable,that individuals and families experiencing homelessness are involved,through employment, provision of volunteer services, or otherwise, in constructing,rehabilitating,maintaining, and operating facilities for the project and in providing supportive services for the project; 4. To require certification from any subrecipient that: a. Subrecipient will maintain the confidentiality of records pertaining to any individual or family that was provided family violence prevention or treatment services through the project; b. The address or location of any family violence project assisted with grant funds will not be made public, except with written authorization of the person responsible for the operation of such project; c. Subrecipient will establish policies and practices that are consistent with, and do not restrict, the exercise of rights provided by subtitle 13 of title VII of the Act and other laws relating to the provision of educational and related services to individuals and families experiencing homelessness; d. In the case of a project that provides housing or services to families, that subrecipient will designate a staff person to be responsible for ensuring that children being served in the program are enrolled in school and connected to appropriate services in the community, including early childhood programs such as Head Start, part C of the Individuals with Disabilities Education Act, and programs authorized under subtitle B of title VII of the Act; e. The subrecipient, it officers, and employees are not debarred or suspended from doing business with the Federal Government; and f. Subrecipient will provide information, such as data and reports, as required by HUD; and 5. To establish such fiscal control and accounting procedures as may be necessary to assure the proper disbursal of, and accounting for grant funds in order to ensure that all financial transactions are conducted, and records maintained in accordance with generally accepted accounting principles, if the Recipient is a Unified Funding Agency; 6. To monitor subrecipient match and report on match to HUD; 7. To take the educational needs of children into account when families are placed in housing and will,to the maximum extent practicable,place families with children as close as possible to their school of origin so as not to disrupt such children's education; 8. To monitor subrecipient at least annually; 9. To use the centralized or coordinated assessment system established by the Continuum of Care as required by §578.7(a)(8). A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system, provided that victim service providers in the area use a centralized or coordinated assessment system that meets HUD's minimum requirements and the victim service provider uses that system instead; 10. To follow the written standards for providing Continuum of Care assistance developed by the Continuum of Care, including the minimum requirements set forth in §578.7(a)(9); www.hudgov esnannl hnd.gov Page 102 Packet Page-1791- C•4 9/10/2013 16.F.1 . 11. Enter into a subrecipient agreement requiring subrecipient to operate the project in accordance with the provisions of this Act and all requirements under 24 CFR 578; and 12. To comply with such other terns and conditions as HUD may have established in the applicable Notice of Funds Availability. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: r 2,"" ''.. (Signature) Ann D. Chavis, Director (Typed Name and Title) F / (Date) RECIPIENT Collier County Board of County Commissioners (Name of Organization) Approved as to form and legality By: ) Assftant County ttomey rri (Signature of Authorized Official) AES'I: Georgia A Hiller, Chairwoman, County Board of Commissioners j � o CROCK (Typed Name and Title of Authorized Official) CLEW. (Date) www.hud.gov esnanol.hud.gov Page 103 Packet Page -1792- 9/10/2013 16.F.1 . Tax ID Number: 59-6000558 Project Location:Naples Florida Grant Number: FL0294L4D061204 Effective Date: 07/03/13 DUNS Number: 076997790 EXHIBIT 1 SCOPE OF WORK for FY2012 COMPETITION 1. This Agreement is governed by the Continuum of Care program Interim Rule attached hereto and made a part hereof as Exhibit la. Upon publication for effect of a Final Rule for the Continuum of Care program, the Final Rule will govern this Agreement instead of the Interim Rule. The project listed on this Exhibit at 3., below, is also subject to the terms of the FY2012 Notice of Funds Availability. 2. The Continuum that designated Recipient to apply for grant funds is not a high-performing community. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $99,662 for project number FL0294L4D061204. In accordance with 24 CFR 578.105(b),Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. CoC Planning cost $ 0 b. Acquisition $0 c. New construction $ 0 d. Rehabilitation $ 0 e. Leasing $0 f. Rental assistance $ 0 g. Supportive services $ 0 h. Operating costs $ 0 i. HMIS $ 99,662 j. Administration $0 4. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. www.hud.eov esuanol.hud.gov Page 104 Packet Page-1793- 9/10/2013 16.F.1 . Alkt ` PAD RECpR� C,cp 1177ERA� C� SCRiP1A "9� IAANET II11 CCU d 1 P�'J ��-y CiSt 4 l', V:;11111L P ,S ;1/ 1985 FEDERAL REGISTER Vol. 77 Tuesday, No. 147 July 31 , 2012 Part II Department of Housing and Urban Development 24 CFR Part 578 Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program; Interim Final Rule Packet Page-1794- 9/10/2013 16.F.1 . 45422 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations DEPARTMENT OF HOUSING AND docket number and title.There are two Federal Relay Service at 800-877-8339 URBAN DEVELOPMENT methods for submitting public (this is a toll-free number). comments.All submissions must refer SUPPLEMENTARY INFORMATION: 24 CFR Part 578 to the above docket number and title. 1.Submission of Comments by Mail. Executive Summary (Docket No.FR-5476-1-011 Comments may be submitted by mail to Y Y Purpose of and Legal Authority for This RIN 2505—AC29 the Regulations Division,Office of Interim Rule General Counsel,Department of This interim rule implements the Homeless Emergency Assistance and Housing and Urban Development,451 p Rapid Transition to Housing: 7th Street SW.,Room 10276, Continuum of Care program authorized Continuum of Care Program Washington,DC 20410-0500. by the Homeless Emergency Assistance AGENCY:Office of the Assistant 2.Electronic Submission of and Rapid Transition to Housing Act of Secretary for Community Planning and Comments.Interested persons may 2009(HEARTH Act). Section 1504 of py Y g submit comments electronically through establiARe regulations for this o am.to Development,HUD. ACTION:Interim rule. the Federal eRulemaking Portal at g program. HUD strongly (See 42 U.S.C. 11301.)The purpose of SUMMARY:The Homeless Emergency encourages commenters to submit the Continuum of Care program is to Assistance and Rapid Transition to comments electronically.Electronic promote communitywide commitment Housing Act of 2009 (HEARTH Act), submission of comments allows the to the goal of ending homelessness; enacted into law on May 20,2009, commenter maximum time to prepare provide funding for efforts by nonprofit consolidates three of the separate and submit a comment,ensures timely providers,and State and local homeless assistance programs receipt by HUD,and enables HUD to governments to quickly rehouse administered by HUD under the make them immediately available to the homeless individuals and families while McKinney-Vento Homeless Assistance public.Comments submitted minimizing the trauma and dislocation Act into a single grant program,and electronically through the caused to homeless individuals, revises the Emergency Shelter Grants www.regulations.gov Web site can be families,and communities by program and renames it the Emergency viewed by other commenters and homelessness;promote access to and Solutions Grants program.The HEARTH interested members of the public. effective utilization of mainstream Act also codifies in law the Continuum Commenters should follow the programs by homeless individuals and of Care planning process,a longstanding instructions provided on that site to families;and optimize self-sufficiency part of HUD's application process to submit comments electronically. among individuals and families experiencing homelessness. assist homeless persons by providing Note:To receive consideration as public The HEARTH Act streamlines HUD's greater coordination in responding to comments,comments must be submitted homeless grant programs by their needs.The HEARTH Act also through one of the two methods specified consolidating the Supportive Housing, directs HUD to promulgate regulations above.Again,all submissions must refer to Shelter Plus Care,and Sin le Room for these new programs and processes. the docket number and title of the rule. g This interim rule focuses on No Facsimile Comments.Facsimile Occupancy grant programs into one regulatory implementation of the (FAX) comments are not acceptable. grant program:The Continuum of Care program. Local continuums of care, Continuum of Care program,including Public Inspection of Public the Continuum of Care planning Comments.All properly submitted which are community-based homeless process.The existing homeless comments and communications assistance program planning networks, assistance programs that comprise the submitted to HUD will be available for will apply for Continuum of Care grants. Continuum of Care program are the public inspection and copying between By consolidating homeless assistance following:the Supportive Housing 8 a.m. and 5 p.m.weekdays at the above grant programs and creating the program,the Shelter Plus Care program, address.Due to security measures at the Continuum of Care planning process, and the Moderate Rehabilitation/Single HUD Headquarters building,an advance the HEARTH Act intended to increase Room Occupancy(SRO)program.This appointment to review the public the efficiency and effectiveness of rule establishes the regulations for the comments must be scheduled by calling coordinated,community based systems Continuum of Care program,and, the Regulations Division at 202-708- that provide housing and services to the through the establishment of such 3055 (this is not a toll-free number). homeless.Through this interim final regulations,the funding made available Individuals with speech or hearing rule,HUD will implement the for the Continuum of Care program in impairments may access this number Continuum of Care program by the statute appropriating Fiscal Year through TTY by calling the Federal establishing the framework for (FY) 2012 funding for HUD can more Relay Service at 800-877-8339.Copies establishing a local continuum of care quickly be disbursed,consistent with of all comments submitted are available and the process for applying for the HEARTH Act requirements,and for inspection and downloading at Continuum of Care grants. avoid any disruption in current www.regulations.gov. Summary of Major Provisions Continuum of Care activities. FOR FURTHER INFORMATION CONTACT:Ann The major provisions of this DATES:Effective Date:August 30, 2012. Marie Oliva,Director,Office of Special rulemaking relate to how to establish Comment Due Date.October 1, 2012. Needs Assistance Programs,Office of and operate a Continuum of Care,how ADDRESSES:Interested persons are Community Planning and Development, to apply for funds under the program, invited to submit comments regarding Department of Housing and Urban and how to use the funds for projects this rule to the Regulations Division, Development,451 7th Street SW., approved by HUD.These provisions are Office of General Counsel,451 7th Washington,DC 20410-7000;telephone summarized below. Street SW.,Room 10276,Department of number 202-708-4300(this is not a toll- 1. General Provisions(Subpart A): Housing and Urban Development, free number).Hearing-and speech- The Continuum of Care program Washington,DC 20410-0500. impaired persons may access this includes transitional housing, Communications must refer to the above number through TTY by calling the permanent supportive housing for Packet Page-1795- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 1471 Tuesday, July 31, 2012/Rules and Regulations 45423 disabled persons,permanent housing, by statute,HUD has developed a and suitable dwelling size,assessing supportive services,and Homeless formula for determining award amounts supportive services on an ongoing basis, Management Information Systems that includes the following factors:A initiating and completing approved (HMIS).To implement the program, Continuum's Preliminary Pro Rata Need activities and projects within certain HUD had to define several key terms.In (PPRN)amount;renewal demand;any timelines,and providing a formal particular,HUD distinguishes between additional increases in amounts for process for termination of assistance to "Continuum of Care,""applicant,"and leasing,rental assistance,and operating participants who violate program "collaborative applicant."A costs based on Fair Market Rents, requirements or conditions of "Continuum of Care"is a geographically planning and Unified Funding Agency occupancy. based group of representatives that cost funds,and amounts available for 7. Grant Administration(Subpart G): carries out the planning responsibilities bonus dollars.HUD has established To effectively administer the grants, of the Continuum of Care program,as selection criteria for determining which HUD will provide technical assistance set out in this regulation.These applications will receive funding under to those who apply for Continuum of representatives come from organizations the Continuum of Care program. Care funds,as well as those who are that provide services to the homeless,or Recipients awarded Continuum of Care selected for Continuum of Care funds. represent the interests of the homeless funds must satisfy several conditions After having been selected for funding, or formerly homeless.A Continuum of prior to executing their grant grant recipients must satisfy certain Care then designates certain agreements.All grants submitted for recordkeeping requirements so that "applicants"as the entities responsible renewal must also submit an annual HUD can assess compliance with the for carrying out the projects that the performance report,For those program requirements.For any Continuum has identified through its applicants not awarded funding,the amendments to grants after the funds planning responsibilities.A process also provides an appeals have been awarded,HUD has "Continuum of Care"also designates process. established a separate amendment one particular applicant to be a 4,Program Components and Eligible procedure.As appropriate,HUD has "collaborative applicant."The Costs(Subpart D):Continuum of Care also established sanctions to strengthen collaborative applicant is the only entity funds may be used for projects under its enforcement procedures. that can apply for a grant from HUD on five program components:Permanent Benefits and Costs behalf of the Continuum that the housing,transitional housing, collaborative applicant represents. supportive services only,HMIS,and,in This interim rule is intended to help 2.Establishing and Operating a some limited cases,homelessness respond to and work toward the goal of Continuum of Care(Subpart B):In order prevention.The rule further clarifies eliminating homelessness.This interim to be eligible for funds under the how the following activities are rule provides greater clarity and Continuum of Care program, considered eligible costs under the guidance about planning and representatives from relevant Continuum of Care program:Continuum performance review to the more than organizations within a geographic area of Care planning activities,Unified 430 existing Continuums of Care that must establish a Continuum of Care. Funding Agency costs,acquisition, span all 50 states and 6 United States The three major duties of a Continuum rehabilitation,new construction, territories.As reported in HUD's Annual of Care are to: (1)Operate the leasing,rental assistance,supportive Homelessness Assessment Report to Continuum of Care,(2)designate an services,operating costs,HMIS,project Congress,there were approximately 1.59 HMIS for the Continuum of Care, and administrative costs,relocation costs, million homeless persons who entered (3) plan for the Continuum of Care.HUD and indirect costs. emergency shelters or transitional has delineated certain operational 5.High-Performing Communities housing in FY 2010.HUD serves requirements of each Continuum to help (Subpart E):HUD will annually,subject roughly half that many persons,nearly measure a Continuum's overall to the availability of appropriate data, 800,000 annually,through its three performance at reducing homelessness, select those Continuums of Care that programs that will be consolidated into in addition to tracking of performance best meet application requirements to be the Continuum of Care program under on a project-by-project basis.In designated a high-performing the McKinney-Vento Act as amended by addition,each Continuum is responsible community(HPC).An HPC may use the HEARTH Act(i.e.,Shelter Plus Care, for establishing and operating a grant funds to provide housing Supportive Housing Program,Single centralized or coordinated assessment relocation and stabilization services, Room Occupancy).The changes system that will provide a and short-and/or medium-term rental initiated by this interim rule will comprehensive assessment of the needs assistance to individuals and families at encourage Continuums of Care to of individuals and families for housing risk of homelessness.This is the only establish formal policies and review and services.HUD has also defined the time that Continuum of Care funds may procedures,including evaluation of the minimum planning requirements for a be used to serve individuals and effectiveness of their projects,by Continuum so that it coordinates and families at risk of homelessness. emphasizing performance measurement implements a system that meets the 6.Program Requirements(Subpart F): and developing performance targets for needs of the homeless population All recipients of Continuum of Care homeless populations.HUD is confident within its geographic area.Continuums funding must comply with the program that this systematic review by are also responsible for preparing and regulations and the requirements of the Continuums of Care will lead to better overseeing an application for funds. Notice of Funding Availability that HUD use of limited resources and more Continuums will have to establish the will issue each year.Notably,the efficient service models,with the end funding priorities for its geographic area HEARTH Act requires that all eligible result of preventing and ending when submitting an application. funding costs,except leasing,must be homelessness. 3.Application and Grant Award matched with no less than 25 percent The Consolidated and Further Process(Subpart C):The Continuum of cash or in-kind match by the Continuing Appropriations Act,2012 Care grant award process begins with a Continuum.Other program (Pub.L. 112-55)appropriated determination of a Continuum's requirements of recipients include: $1,593,000,000 for the Continuum of maximum award amount.As directed Abiding by housing quality standards Care and Rural Housing Stability Packet Page-1796- 9/10/2013 16.F.1 . 45424 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations Assistance programs.Upon publication established the program requirements II.Overview of Interim Rule of this rule,those FY 2012 funds will be for the Emergency Solutions Grants As amended by the HEARTH Act, available for distribution,as governed program and contained corresponding Subpart C of the McKinney-Vento by these Continuum of Care regulations. amendments to the Consolidated Plan Homeless Assistance Act establishes the I.Background—HEARTH Act regulations.On December 9,2011,HUD Continuum of Care program.The continued the process to implement the purpose of the program is to promote On May 20,2009,the President HEARTH Act,with the publication of communitywide commitment to the signed into law"An Act to Prevent the proposed rule titled"Homeless goal of ending homelessness;provide Mortgage Foreclosures and Enhance Management Information Systems funding for efforts by nonprofit Mortgage Credit Availability,"which Requirements"(76 FR 76917),which providers,and State and local became Public Law 111-22.This law provides for uniform technical governments to quickly rehouse implements a variety of measures requirements for Homeless Management homeless individuals and families while directed toward keeping individuals Information Systems (HMIS),for proper minimizing the trauma and dislocation and families from losing their homes. Division B of this law is the HEARTH data collection and maintenance of the caused to homeless individuals, Act,which consolidates and amends database,and ensures the families,and communities by three separate homeless assistance confidentiality of the information in the homelessness;promote access to and programs carried out under title IV of database.Today's publication of the effective utilization of mainstream the McKinney-Vento Homeless interim rule for the Continuum of Care programs by homeless individuals and Assistance Act(42 U.S.C.11371 et seq.) program continues HUD's families;and optimize self-sufficiency (McKinney-Vento Act)into a single implementation of the HEARTH Act. among individuals and families grant program that is designed to experiencing homelessness. gr p gr gn This rule establishes the regulatory This interim rule establishes the improve administrative efficiency and framework for the Continuum of Care Continuum of Care as the planning body enhance response coordination and program and the Continuum of Care responsible for meeting the goals of the effectiveness in addressing the needs of planning process,including Continuum of Care program, homeless persons.The HEARTH Act requirements applicable to the Additionally,in order to meet the codifies in law and enhances the establishment of a Continuum of Care. purpose of the HEARTH Act, Continuum of Care planning process, Prior to the amendment of the established in section 1002(b),and the the coordinated response to addressing McKinney-Vento Act by the HEARTH goals of"Opening Doors:Federal the needs of the homeless,which was Act,HUD's competitively awarded established administratively by HUD in p y Strategic Plan to Prevent and End 1995.The single Continuum of Care homeless assistance grant funds were Homelessness,"the Continuum of Care program established by the HEARTH awarded to organizations that must be involved in the coordination of Act consolidates the following participate in local homeless assistance other funding streams and resources— programs:The Supportive Housing program planning networks referred to federal,local,or private—of targeted program,the Shelter Plus Care program, as a Continuum of Care,a system homeless programs and other and the Moderate Rehabilitation/Single administratively established by HUD in mainstream resources.In many Room Occupancy program.The 1995.A Continuum of Care is designed communities,the Continuum of Care is Emergency Shelter Grants program is to address the critical problem of the coordinating body,while in other renamed the Emergency Solutions homelessness through a coordinated communities it is a local Interagency Grants program and is revised to community-based process of identifying Council on Homelessness(both would broaden existing emergency shelter and needs and building a system of housing be acceptable forms of coordination homelessness prevention activities and and services to address those needs.The ender,this interim rule).As noted on December 9, to add short-and medium-term rental approach is predicated on the published assistance and services to rapidly understanding that homelessness is not 2011,a proposed rule to establish HMIS rehouse homeless people.The HEARTH caused merely by a lack of shelter,but regulations in accordance with the Act also creates the Rural Housing involves a variety of underlying,unmet HEARTH Act.However,while the Stability program to replace the Rural needs—physical,economic,and social. HEARTH Act directed that regulations Homelessness Grant program. The HEARTH Act not only codified in be established for HMIS,HMIS is not HUD commenced the process to new to many HUD grantees.Until law the planning system known as regulations for HMIS are promulgated in implement the HEARTH Act with Continuum of Care,but consolidated the p g rulemaking that focused on the final,grantees should continue to follow three existing competitive homeless HUD's existing HMIS instructions and definition of"homeless."HUD g published a proposed rule,entitled assistance grant programs(Supportive guidance. "Defining Homeless"on April 20,2010 Housing,Shelter Plus Care,and Single The following provides an overview (75 FR 20541),which was followed by Room Occupancy)into the single grant of the proposed rule. a final rule that was ublished on program known as the Continuum of December 5,2011(76 FR 75994).The Care program.The consolidation of the General Provisions(Subpart A) Defining Homeless rule clarified and three existing homeless assistance Purpose and scope.The Continuum of elaborated upon the new McKinney- programs into the Continuum of Care Care program is designed to promote Vento Act definitions for"homeless" grant program and the codification in community-wide goals to end and"homeless individual with a law of the Continuum of Care planning homelessness;provide funding to disability."In addition,the Defining process are intended to increase the quickly rehouse homeless individuals Homeless rule included recordkeeping efficiency and effectiveness of the (including unaccompanied youth)and requirements related to the"homeless" coordination of the provision of housing families while minimizing trauma and definition,On December 5,2011,HUD and services to address the needs of the dislocation to those persons;promote . also published an interim rule for the homeless.The regulations established access to,and effective utilization of, Emergency Solutions Grants program by this rule are directed to carrying out mainstream programs;and optimize (76 FR 75954).This interim rule this cony ccinnnl intent self-sufficiency among individuals and Packet Page-1797- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45425 families experiencing homelessness. Continuum.HUD highlights that the Act organized to carry out the The program is composed of transitional does not contain different definitions for responsibilities required under this part housing,permanent supportive housing "applicant"and"collaborative and that is composed of representatives for disabled persons,permanent applicant."HUD distinguishes between of organizations including nonprofit housing,supportive services,and HMIS. the applicant(s) designated to apply for homeless providers,victim service Definitions.The interim rule adopts and carry out projects(the"applicant") providers,faith-based organizations, the definitions of"developmental and the collaborative applicant governments,businesses,advocates, disability," "homeless,""homeless designated to apply for a grant on behalf public housing agencies,school individual,"and"homeless person" of the Continuum of Care(the districts,social service providers, established by the December 5,2011 "collaborative applicant").Please see mental health agencies,hospitals, Defining Homeless final rule.Public below for more information on the universities,affordable housing comments have already been solicited definition of a collaborative applicant, developers,law enforcement, and additional public comment is not which is the only entity that may apply organizations that serve homeless and solicited through this rule.The for and receive Continuum of Care formerly homeless veterans,and December 5,2011,final rule was planning funds. homeless and formerly homeless preceded by an April 20,2010, Centralized or coordinated persons.These organizations consist of proposed rule,which sought public assessment system is defined to mean a the relevant parties in the geographic comment on these definitions.The final centralized or coordinated process area.Continuums are expected to definitions of these terms took into designed to coordinate program include representation to the extent that consideration the public comments participant intake,assessment,and the type of organization exists within received on the proposed definitions as provision of referrals.A centralized or the geographic area that the Continuum set out in the April 20,2010,proposed coordinated assessment system covers represents and is available to participate rule.This interim rule adopts the the geographic area,is easily accessed in the Continuum.For example,if a definition of"at risk of homelessness" by individuals and families seeking Continuum of Care did not have a established by the December 5,2011, housing or services,is well advertised, university within its geographic the Emergency Solutions Grants and includes a comprehensive and boundaries,then HUD would not expect program interim rule.The interim rule standardized assessment tool.This the Continuum to have representation sought public comment on this definition establishes basic minimum from a university within the definition,and additional public requirements for the Continuum's Continuum. comment is not being sought through centralized or coordinated assessment These organizations carry out the this rule. system. responsibilities and duties established HUD received valuable public Collaborative applicant is defined to under Subpart B of this interim rule. comment on the definition of mean an eligible applicant that has been The Continuum of Care,as noted above, "chronically homeless,"through the designated by the Continuum of Care to carries out the statutory duties and public comment process on the apply for a grant for Continuum of Care responsibilities of a collaborative Emergency Solutions Grants program planning funds on behalf of the applicant.HUD established the interim rule.Based on public comment, Continuum.As discussed above,the Continuum of Care in 1995.Local this rule for the Continuum of Care "applicant"is the entity(ies) designated grantees and stakeholders are familiar program is not adopting the full to apply for and carry out projects on the Continuum of Care as the with definition of"chronically homeless" behalf of the Continuum.In contrast to coordinating body for homeless services that was included in the conforming the definition of `applicant"above,the amendments to the Consolidated Plan collaborative applicant applies for a and homelessness prevention activities that were published as a part of the grant to carry out the planning activities across the geographic area. Emergency Solutions Grants program on behalf of the Continuum of Care.The .Consequently,HUD is maintaining the rule.Commenters raised concerns with interim rule simplifies the statutory Continuum of Care terminology, and the the meaning of the phrase"where each language in order to make the rule provides for the duties and homeless occasion was at least 15 Continuum of Care planning process responsibilities of a collaborative days."The concerns raised about this clear. applicant to be carried out under the phrase,used for the first time in a HUD highlights that its definition of name Continuum of Care. definition of"chronically homeless," collaborative applicant does not track High-performing community is has caused HUD to reconsider the statutory definition,which is found defined to mean the geographic area proceeding to apply a definition that in section 401 of the McKinney-Vento under the jurisdiction of a Continuum of includes this phrase,without further Act.As will be discussed in further Care that has been designated as a high- consideration and opportunity for detail later in this preamble,the concept performing community by HUD. Section comment.In this rule,HUD therefore of collaborative applicant,its duties and 424 of the McKinney-Vento Act amends the definition of"chronically functions,as provided in the statute,is provides that HUD shall designate,on homeless"in the Consolidated Plan provided for in this rule.However,HUD an annual basis,which collaborative regulations to strike this phrase.The uses the term Continuum of Care to refer applicants represent high-performing removal of this phrase returns the to the organizations that carry out the communities.Consistent with HUD's definition to one with which service duties and responsibilities assigned to substitution of the term"Continuum of providers are familiar.The following the collaborative applicant,with the Care"for"collaborative applicant,"the highlights key definitions used in the exception of applying to HUD for grant definition of"high-performing Continuum of Care program regulations, funds.The clarification is necessary in community"in this interim rule and HUD solicits comment on these this rule because Continuums of Care provides for designation of Continuums definitions. are not required to be legal entities,but of Care that represent geographic areas Applicant is defined to mean an HUD can enter into contractual designated as high-performing entity that has been designated by the agreements with legal entities only. communities.The standards for Continuum of Care as eligible to apply Continuum of Care and Continuum becoming a high-performing community for assistance on behalf of that are defined to mean the group that is can be found in§578.65 of this interim Packet Page -1798- 9/10/2013 16.F.1 . 45426 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations rule and will be discussed later in this Specific request for comment.HUD fewer persons,and provide low-demand preamble. specifically requests comment on services and referrals for the residents. Private nonprofit organization is requiring a lease for a term of at least Subrecipient is defined to mean a based on the statutory definition for one year to be considered permanent private nonprofit organization,State or "private nonprofit organization."The housing. local government,or instrumentality of terra"private nonprofit organization"is Project is consistent with the statutory a State or local government that receives defined in section 424 of the McKinney- definition of"project"in section 401 of a subgrant from the recipient to operate Vento Act as follows; "The term'private. the McKinney-Vento Act,but does not a project.The definition of nonprofit organization'means an track the statutory language.Section 401 "subrecipient"is consistent with the organization:'(A)No part of the net defines "project"as,with respect to definition of"project sponsor"found in earnings of which inures to the benefit activities carried out under subtitle C, section 401 of the McKinney-Vento Act, of any member,founder,contributor,or eligible activities described in section but does not track the statutory individual; (B)that has a voluntary 423(a),undertaken pursuant to a language.To be consistent with the board;(C)that has an accounting specific endeavor,such as serving a Emergency Solutions Grants program system,or has designated a fiscal agent particular population or providing a regulation,and also to ensure that the in accordance with requirements particular resource.In HUD's definition relationship between the recipient and established by the Secretary;and(D) of"project"in this interim rule,the subrecipient is clear,HUD is using the that practices nondiscrimination in the eligible activities described in section term subrecipient,instead of project provision of assistance.';'In HUD's 423(a)of the McKinney-Vento Act have sponsor,throughout this regulation. been identified.In the regulatory text, Transitional housing is based on the regulatory definition of"private HUD has clarified that it is a group of definition of"transitional housing"in nonprofit organization,"HUD clarifies one or more of these eligible costs that section 401 of the McKinney-Vento Act, that the organization's accounting are identified as a project in an as follows: "The term'transitional system must be functioning and application to HUD for Continuum of housing'means housing,the purpose of operated in accordance with generally Care funds. which is to facilitate the movement of accepted accounting principles.HUD Recipient is defined to mean an individuals and families experiencing has included this language to make applicant that signs a grant agreement homelessness to permanent housing certain that accounting systems are with HUD.HUD's definition of within 24 months or such longer period workable and abide by definite,accurate «recipient"is consistent with the as the Secretary determines necessary." standards.As reflected in the statutory statutory definition of"recipient,"but The definition has been expanded to definition of"private nonprofit does not track the statutory language. distinguish this type of housing from organization,"HUD may establish Section 424 of the McKinney-Vento Act emergency shelter.This distinction is requirements for the designation of a defines"recipient"as"an eligible entity necessitated by the McKinney-Vento fiscal agent.HUD has determined that who—(A)submits an application for a Act's explicit distinction between what the fiscal agent,such as a Unified grant under section 422 that is approved activities can or cannot be funded under Funding Agency, a term that is also by the Secretary;(B)receives the grant the Continuum of Care program. The defined in section 424 of the McKinney- directly from the Secretary to support regulatory definition clarifies that,to be Vento Act,must maintain a functioning approved projects described in the transitional housing,program accounting system for the organization application;and(C)(i)serves as a project participants must have signed a lease or in accordance with generally accepted sponsor for the projects;or(ii)awards occupancy agreement that is for a term accounting principles, the funds to project sponsors to carry of at least one month and that ends in Permanent housing is consistent with out the projects."All of the activities 24 months and cannot be extended. the statutory definition of"permanent specified by the statutory definition are • Unified Funding Agency(UFA)means housing"in section 401 of the in the rule:(A)and(B)are contained in an eligible applicant selected by the McKinney-Vento Act,but does not track the definition and(C)is covered in the Continuum of Care to apply for a grant the statutory language.HUD's regulatory sections of the rule dealing with what a for the entire Continuum,which has the definition of"permanent housing" recipient can do with grant funds. capacity to carry out the duties states: "The term`permanent housing' Safe haven is based on the definition delegated to a UFA in this rule,which means community-based housing of safe haven in the McKinney-Vento is approved by HUD and to which HUD without a designated length of stay,and Act prior to amendment by the awards a grant.HUD's regulatory includes both permanent supportive HEARTH Act.Although no longer used definition of UFA departs slightly from housing and rapid re-housing." in statute,HUD's position is that the the statutory definition.The statutory Additionally,in the regulatory term remains relevant for definition refers to the collaborative definition of"permanent housing," implementation of the Continuum of applicant.The differences between the HUD clarifies that to be permanent Care program and,therefore,HUD statutory definition and HUD's housing,"the program participant must proposes to include the term in the regulatory definition reflect HUD's be the tenant on a lease for a term of at Continuum of Care program regulations. substitution of Continuum of Care for least one year that is renewable and is The term"safe haven"is used for collaborative applicant. terminable only for cause.The lease purposes of determining whether a must be renewable for terms that are a person is chronically homeless.The Establishing and Operating the minimum of one month long.HUD has housing must serve hard-to-reach Continuum of Care(Subpart B) determined that requiring a lease for a homeless persons with severe mental In general.The statutory authority for term of at least one year that is illness who came from the streets and the Continuum of Care program is renewable and terminable only for have been unwilling or unable to section 422 of the McKinney-Vento Act. cause,assists program participants in participate in supportive services.In As stated under section 1002 of the obtaining stability in housing, even addition,the housing must provide HEARTH Act,one of the main purposes when the rental assistance is temporary. 24-hour residence for eligible persons of the HEARTH Act is to codify the These requirements are consistent with for an unspecified period,have an Continuum of Care planning process. Section 8 requirements. overnight capacity limited to 25 or Consequently,under this interim rule, Packet Page-1799- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45427 HUD focuses on the rules and Continuum.HUD requires two inclusive and fair.HUD has established responsibilities of those involved in the characteristics for all board eight duties required of the Continuum igift.,. Continuum of Care planning process compositions.These characteristics are necessary to effectively operate the and describes how applications and that the Board must be representative of Continuum of Care.HUD has grant funds will be processed. the subpopulations of homeless persons established the specific minimum As discussed earlier in the preamble, that exist within the geographic area, standards for operating and managing a HUD's interim rule provides for the and include a homeless or formerly Continuum of Care for two main duties and functions of the collaborative homeless person.Continuums will have reasons.First,the selection criteria applicant found in section 401 of the 2 years from the effective date of the established under section 427 of the McKinney-Vento Act to be designated to interim rule to establish a board that McKinney-Vento Act require HUD to the Continuum of Care,with the meets the criteria established in this measure the Continuum of Care's exception of applying to HUD for grant section.No board member may performance in reducing homelessness funds.HUD chose this approach participate or influence discussions or by looking at the overall performance of because the Continuum might not be a decisions concerning the award of a the Continuum,as opposed to legal entity,and therefore cannot enter grant or other financial benefits for an measuring performance project-by- into enforceable contractual agreements, organization that the member project as was done prior to the but is the appropriate body for represents. enactment of the HEARTH Act.This establishing and implementing HUD is considering four additional Continuum of Care performance decisions that affect the entire characteristics for all board approach results in cooperation and geographic area covered by the compositions for incorporation in the coordination among providers. Second, Continuum,including decisions related final rule.HUD did not implement them because Continuums of Care will have to funding.This approach allows the at this stage in order to seek public grants of up to 3 percent of Final Pro Continuum to retain its duties related to comment prior to implementing them as Rata Need(FPRN)to be used for eligible planning and prioritizing need requirements.HUD proposes that all Continuum of Care planning costs,HUD (otherwise designated by statute to the boards must have a chair or co-chairs; is requiring more formal decision- collaborative applicant),while the be composed of an uneven number, making and operating standards for the authority to sign a grant agreement with serving staggered terms;include Continuum of Care. This requirement HUD is designated to an eligible members from the public and private ensures that the Continuums have applicant that can enter into a sectors;and include a member from at appropriate funding to support planning contractual agreement.All of the duties least one Emergency Solutions Grants costs. assigned to the Continuum are based on program(ESG)recipient's agency One of the duties established in this the comparable duties of section 402(1) located within the Continuum's interim rule is the requirement that the of the McKinney-Vento Act. geographic area.HUD is requesting Continuum establish and operate a Subpart B of the interim rule comment on all of these proposed centralized or coordinated assessment identifies how Continuums of Care are requirements;however,HUD system that provides an initial, established,as well as the required specifically requests comments from comprehensive assessment of the needs duties and functions of the Continuum Continuums of Care and ESG recipients of individuals and families for housing of Care. on the requirement that the Board and services.As detailed in the Establishing the Continuum of Care. include an ESG recipient as part of its Emergency Solutions Grants program In order to be eligible for funds under membership.HUD invites ESG interim rule published on December 5, the Continuum of Care program, recipients and Continuums to share 2011,through the administration of the representatives from relevant challenges that will be encountered Rapid Re-Housing for Families organizations within a geographic area when implementing this requirement. Demonstration program and the must establish a Continuum of Care.As Ensuring that ESG recipients are Homelessness Prevention and Rapid Re- discussed earlier in this preamble,this represented on the Board is important to Housing program,as well as best body is responsible for carrying out the HUD;therefore,in communities where practices identified in communities, duties identified in this interim ESG recipients and/or Continuums do HUD has learned that centralized or regulation.Representatives from not feel this requirement is feasible, coordinated assessment systems are relevant organizations include nonprofit HUD asks commenters to provide important in ensuring the success of homeless assistance providers,victim suggestions for how ESG recipients can homeless assistance and homeless service providers,faith-based be involved in the Continuum at one of prevention programs in communities.In organizations,governments,businesses, the core decision-making levels. particular,such assessment systems advocates,public housing agencies, Responsibilities of the Continuum of help communities systematically assess school districts,social service providers, Care.The interim rule establishes three the needs of program participants and mental health agencies,hospitals, major duties for which the Continuum effectively match each individual or universities,affordable housing of Care is responsible:To operate the family with the most appropriate developers,law enforcement,and Continuum of Care,to designate an resources available to address that organizations that serve veterans and HMIS for the Continuum of Care,and to individual or family's particular needs. homeless and formerly homeless plan for the Continuum of Care. Therefore,HUD has required,through individuals.Where these organizations This section of the interim rule this interim rule,each Continuum of are located within the geographic area establishes requirements within these Care to develop and implement a served by the Continuum of Care,HUD three major duties. centralized or coordinated assessment expects a representative of the Operating the Continuum of Care.The system for its geographic area. Such a organization to be a part of the interim rule provides that the system must be designed locally in Continuum of Care. Continuum of Care must abide by response to local needs and conditions. Specific request for comment.HUD certain operational requirements.These For example,rural areas will have specifically requests comments on requirements will ensure the effective significantly different systems than requiring Continuums of Care to have a management of the Continuum of Care urban ones.While the common thread board that makes the decisions for the process and ensure that the process is between typical models is the use of a Packet Page-1800- 9/10/2013 16.F.1 . 45428 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations common assessment tool,the form, violence victims;or the location of when administering assistance under detail,and use of that tool will vary victim service providers with this part.These requirements, from one community to the next.Some centralized assessment teams. established in consultation with examples of centralized or coordinated HUD invites suggestions for ensuring recipients of Emergency Solutions assessment systems include:A central that the requirements it imposes Grants program funds within the location or locations within a regarding centralized or coordinated geographic area,are intended to geographic area where individuals and assessment systems will best help coordinate service delivery across the families must be present to receive communities use their resources geographic area and assist Continuums homeless services;a 211 or other hotline effectively and best meet the needs of all of Care and their recipients in system that screens and directly families and individuals who need evaluating the eligibility of individuals connects callers to appropriate homeless assistance.Questions that HUD asks and families consistently and housing/service providers in the area;a commenters to specifically address are: administering assistance fairly and "no wrong door"approach in which a What barriers to accessing housing/ methodically.The written standards can homeless family or individual can show services might a centralized or be found in§578.7(a)(9)of this interim. up at any homeless service provider in coordinated intake system pose to rule. the geographic area but is assessed using victims of domestic violence?How can Designating and operating an HMIS. the same tool and methodology so that those barriers be eliminated?What The Continuum of Care is responsible referrals are consistently completed specific measures should be for designating an HMIS and an eligible across the Continuum of Care;a implemented to ensure safety and applicant to manage the HMIS, specialized team of case workers that confidentiality for individuals and consistent with the requirements,which provides assessment services to families who are fleeing or attempting to will be codified in 24 CFR part 580. providers within the Continuum of flee domestic violence situations?How This duty is listed under section Care;or in larger geographic areas,a should those additional standards be 402(f)(2)of the McKinney-Vento Act.In regional approach in which"hubs"are implemented to ensure that victims of addition,the Continuum is responsible created within smaller geographic areas. domestic violence have immediate for reviewing,revising,and approving a HUD intends to develop technical access to housing and services without privacy plan,security plan,and data assistance materials on a range of increasing the burden on those victims? quality plan for the HMIS and ensuring centralized and coordinated assessment For communities that already have consistent participation of recipients types,including those most appropriate centralized or coordinated assessment and subrecipients in the HMIS. for rural areas. systems in place,are victims of Continuum of Care planning.The HUD recognizes that imposing a domestic violence and/or domestic Continuum is responsible for requirement for a centralized or violence service providers integrated coordinating and implementing a coordinated assessment system may into that system?Under either scenario system for its geographic area to meet have certain costs and risks.Among the (they are integrated into an assessment the needs of the homeless population risks that HUD wishes specifically to process or they are not integrated into and subpopulations within the address are the risks facing individuals it),how does your community ensure geographic area.The interim rule and families fleeing domestic violence, the safety and confidentiality of this defines the minimum requirements for dating violence,sexual assault,and population,as well as access to this systematic approach under stalking.In developing the baseline homeless housing and services?What §578.7(c)(1),such as emergency requirements for a centralized or HUD-sponsored training would be shelters,rapid rehousing,transitional coordinated intake system,HUD is helpful to assist communities in housing,permanent supportive housing, considering whether victim service completing the initial assessment of and prevention strategies,Because there providers should be exempt from victims of domestic violence in a safe are not sufficient resources available participating in a local centralized or and confidential manner? through the Continuum of Care program coordinated assessment process,or In addition to comments addressing to prevent and end homelessness, whether victim service providers should the needs of victims of domestic coordination and integration of other have the option to articipate or not. violence,dating violence,sexual funding streams,including the Specific request for comment.HUD assault,and stalking,HUD invites Emergency Solutions Grants program specifically seeks comment from general comments on the use of a and mainstream resources,is integral to Continuum of Care-funded victim centralized or coordinated assessment carrying out the Continuum of Care service providers on this question.As system,particularly from those in System. set forth in this interim rule,each communities that have already HUD has determined that since the Continuum of Care is to develop a implemented one of these systems who Continuum of Care will be the larger specific policy on how its particular can share both what has worked well planning organization,the Continuum system will address the needs of and how these systems could be of Care must develop and follow a individuals and families who are improved.HUD specifically seeks Continuum of Care plan that adheres, fleeing,or attempting to flee,domestic comment on any additional risks that a not only to the requirements being violence, dating violence,sexual centralized or coordinated assessment established by this interim rule,but to assault, or stalking,but who are seeking system may create for victims of the requirements and directions of the shelter or services from non-victim domestic violence,dating violence, most recently issued notice of funding service providers.These policies could sexual assault,or stalking who are availability(NOFA). include reserving private areas at an seeking emergency shelter services due While these planning duties are not assessment location for evaluations of to immediate danger,regardless of explicitly provided in section 402(f)of individuals or families who are fleeing, whether they are seeking services the Act,HUD has included them to or attempting to flee,domestic violence, through a victim service provider or facilitate and clarify the Continuum of dating violence,sexual assault,or nonvictim service provider. Care planning process.Consistent with stalking;a separate"track"within the Another duty set forth in this part,is the goals of the HEARTH Act,HUD assessment framework that is the requirement to establish and strives,through this interim rule,to specifically designed for domestic consistently fnllnw written ctanrlardS provide a comprehensive,well- Packet Page-1801- . 9/10/2013 16.F 1 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45429 coordinated and clear planning process, designated for funding.The applicant.For-profit entities are not which involves the creation of the collaborative applicant will always be eligible to apply for grants or to be Atitto Continuum of Care and the duties the the only applicant that can apply for subrecipients of grant funds. Continuum of Care will have to fulfill. Continuum of Care planning costs.In Section 401(10)of the McKinney- Other planning duties for Continuums the case that there is one application for Vento Act identifies that collaborative established in this section of the interim projects,the recipient of the funds is applicants may be legal entities,and a rule are planning for and conducting at required to have signed agreements with legal entity may include a consortium of least a biennial-point-in-time count of its subrecipients as set forth in instrumentalities of a State or local homeless persons within the geographic §578,23(c),and is required to monitor government that has constituted itself as area,conducting an annual gaps and sanction subrecipients in an entity.HUD has not included a analysis of the homeless needs and compliance with§578,107. consortium in the list of eligible services available within the geographic Whether the Continuum of Care applicants.As noted earlier in this area,providing information necessary to submits the application or designates an preamble,a Continuum of Care is complete the Consolidated Plan(s) eligible applicant to submit the defined to mean a group that is within the geographic area,and application for funding,the Continuum composed of representatives of consulting with State and local of Care retains all of its duties. organizations across the entire government Emergency Solutions Unified Funding Agencies.To be geographic area claimed by the Grants program recipients within the designated as the Unified Funding Continuum of Care.A Continuum is Continuum of Care on the plan for Agency(UFA)for the Continuum of able to combine more than one allocating Emergency Solutions Grants Care,the Continuum must select the metropolitan city or county into the program funds and reporting on and collaborative applicant to apply to HUD geographic area that the Continuum evaluating the performance of to be designated as the UFA for the represents.In essence,the Continuum of Emergency Solutions Grants program Continuum.The interim rule establishes Care acts as a consortium,and it is recipients and subrecipients. the criteria IUD will use when therefore HUD's position that the Preparing an application for funds.A determining whether to designate the inclusion of consortiums in the interim major function of the Continuum of Care collaborative applicant as a UFA.These rule would be redundant. is preparing and overseeing an standards were developed to ensure that Determining the Continuum's application for funds under this part. collaborative applicants have the maximum award amount.The total This section of the interim rule capacity to manage the grant and carry amount for which a Continuum of Care establishes the duties of the Continuum out the duties in 578.11(b),and are is eligible to apply and be awarded is of Care related to the preparation of the described below. determined through a four-step process, application, This section of the interim The duties of the UFA established in including the following factors:A rule establishes that the Continuum is §578.11 are consistent with the duties Continuum's PPRN amount;renewal responsible for designing,operating, set forth in section 402(g)of the Act. demand;any additional increases in sok and following a collaborative process for Even if the Continuum designates a amounts for leasing,rental assistance, the development of applications,as well UFA to submit the application for and operating costs based on Fair as approving the submission of funding,the Continuum of Care retains Market Rents(FMRs);planning and applications,in response to a NOFA all of its duties. UFA cost funds;and the amounts published by HUD. Remedial actions.Section 402(c)of available for bonus dollars. The Continuum must also establish the McKinney-Vento Act gives HUD the Using the formula that will be priorities for funding projects within the authority to ensure the fair distribution discussed below,HUD will first geographic area and determine the of grant amounts for this program,such determine a Continuum of Care's PPRN number of applications being submitted as designating another body as a amount,as authorized under section for funding.As previously noted in this collaborative applicant,replacing the 427(b)(2)(B)of the McKinney-Vento Act. preamble,since the Continuum of Care Continuum of Care for the geographic This amount is the sum of the PPRN might not be a legal entity,and therefore area,or permitting other eligible entities amounts for each metropolitan city, may not be able to enter into a to apply directly for grants. Section urban county,non-urban county,and contractual agreement with HUD,the 578.13 of this interim rule addresses the insular area claimed by the Continuum Continuum must select one or more remedial actions that may be taken. of Care as part of its geographic area, eligible applicants to submit an excluding any counties applying for, or Overview of the Application and Grant application for funding to HUD on its receiving funds under the Rural behalf.If the Continuum of Care is an Award Process(Subpart C) Housing Stability Assistance program, eligible applicant,the Continuum of Eligible applicants.Under this interim the regulations for which will be Care may submit an application.If the rule,eligible applicants consist of established in 24 CFR part 579.The Continuum selects more than one nonprofit organizations,State and local PPRN for each of these areas is based application,the Continuum must select governments,and instrumentalities of upon the"need formula"under one eligible applicant to be the local governments.An eligible applicant §579.17(a)(2)and(3).Under the collaborative applicant.That applicant must have been designated by the McKinney-Vento Act,HUD is required will collect and combine the required Continuum of Care to submit an to publish,by regulation,the formula application information from all of the application for grant funds under this used to establish grant amounts.The other eligible applicants and for all part.The Continuum's designation must need formula under§579,17(a)(2)and projects within the geographic area that state whether the Continuum is (3)satisfies this requirement,and HUD the Continuum has designated.If only designating more than one applicant to specifically seeks comment on this one application is submitted by the apply for funds,and if it is,which formula.HUD will announce the PPRN collaborative applicant,the applicant is being designated the amounts prior to the publication of the collaborative applicant will collect and collaborative applicant.A Continuum of NOFA on its Web site. combine the required application Care that is designating only one To establish the amount on which the information from all projects within the applicant for funds must designate that need formula is run,HUD will deduct geographic area that the Continuum has applicant to be the collaborative an amount,which will be published in Packet Page-1802- 9/10/2013 16.F.1 . 45430 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations the NOFA,to be set aside to provide a items based on changes to the FMRs in the NOFA and award funds to recipients bonus,and the amount necessary to the geographic area. through a national competition based on fund Continuum of Care planning Third,HUD will determine the selection criteria as defined in section activities and UFA costs from the total Continuum of Care's Final Pro Rata 427 of the McKinney-Vento Act.HUD funds made available for the program Need(FPRN),which is the higher of, will announce the awards and notify each fiscal year. On this amount,HUD (1)PPRN,or(2)renewal demand for the selected applicants of any conditions will use the following process to Continuum of Care.The FPRN imposed on the awards. establish an area's PPRN.First,2 establishes the base for the maximum Grant agreements.A recipient of a percent of the total funds available shall award amount for the Continuum of conditionally awarded grant must be allocated among the four insular Care. satisfy all requirements for obligation of areas(American Samoa,Guam,the Fourth,HUD will determine the funds;otherwise,HUD will withdraw Commonwealth of the Northern maximum award amount.The its offer of the award.These conditions Marianas, and the Virgin Islands)based maximum award amount for the include establishing site control, upon the percentage each area received Continuum of Care is the FPRN amount providing proof of match,complying in the previous fiscal year under section plus any additional eligible amounts for with environmental review under 106 of the Housing and Community Continuum planning;establishing fiscal §578.31,and documenting financial Development Act of 1974.Second,75 controls for the Continuum;updates to feasibility within the deadlines under percent of the remaining funds made leasing,operating,and rental assistance §578.21(a)(3).HUD has included in the available shall be allocated to line items based on changes to FMR; interim rule the deadlines for conditions metropolitan cities and urban counties and the availability of any bonus that may be extended and the reasons that have been funded under the funding during the competition. for which HUD will consider an Emergency Solutions Grants program Application process.Each fiscal year, extension. (formerly known as the Emergency HUD will issue a NOFA.All The interim rule requires that site Shelter Grants program)every year since applications,including applications for control be established by each recipient 2004.Third,the remaining funds made grant funds,and requests for receiving funds for acquisition, available shall be allocated to designation as a UFA or HPC,must be rehabilitation funding,new Community Development Block Grant submitted to HUD in accordance with construction,or operating costs,or for (CDBG)metropolitan cities and urban the requirements of the NOFA and providing supportive services.HUD has counties that have not been funded contain such information as the NOFA determined that the time to establish under the Emergency Solutions Grants specifies.Applications may request up site control is 12 months for projects not program every year since 2004 and all to the maximum award amount for receiving new construction,acquisition, other counties in the United States and Continuums of Care. or rehabilitation funding,as stated Puerto Rico. An applicant that is a State or a unit under section 426(a)of the McKinney- Recognizing that in some federal of general local government must have Vento Act,not 9 months as stated under fiscal years,the amount available for the a HUD-approved,consolidated plan in section 422(d)of the McKinney-Vento formula may be less than the amount accordance with HUD's Consolidated Act,for projects receiving operating and required to renew all existing projects Plan regulations in 24 CFR part 91.The supportive service funds.HUD's eligible for renewal in that year for at applicant must submit a certification determination on the time needed to least one year,HUD has included a that the application for funding is establish site control is based on method for distributing the reduction of consistent with the HUD-approved previous program policy,and the longer funds proportionally across all consolidated plan(s)in the project's time frame takes into consideration the Continuums of Care in§578.17(a)(4)of jurisdiction(s).Applicants that are not reality of the housing market.Projects this interim rule. HUD will publish the States or units of general local receiving acquisition,rehabilitation,or total dollar amount that each government must submit a certification new construction funding must provide Continuum will be required to deduct that the application for funding is evidence of site control no later than 24 from renewal projects Continuum-wide, consistent with the jurisdiction's HUD- months after the announcement of grant and Continuums will have the authority approved consolidated plan.The awards,as provided under section to determine how to administer the cuts certification must be made by the unit 422(d)of the McKinney-Vento Act. to projects across the Continuum, of general local government or the State, The interim rule requires that HUD Specific request for comment.HUD in accordance with HUD's regulations in perform an environmental review for specifically requests comment on the 24 CFR part 91,subpart F. The required each property as required under HUD's method established in§578.17(a)(4)to certification must be submitted by the environmental regulations in 24 CFR reduce the total amount required to funding application submission part 50.All recipients of Continuum of renew all projects eligible for renewal in deadline announced in the NOFA. Care program funding under this part that one year,for at least one year,for An applicant may provide assistance must supply all available,relevant each Continuum of Care when funding under this program only in accordance information necessary to HUD,and is not sufficient to renew all projects with HUD subsidy layering carry out mitigating measures required nationwide for at least one year. requirements in section 102 of the by HUD.The recipient,its project . The second step in determining a Housing and Urban Development partners,and its project partner's Continuum's maximum award amount Reform Act of 1989(42 U.S.C.3545).In contractors may not perform any eligible is establishing a Continuum of Care's this interim rule,HUD clarifies that the activity for a project under this part,or "renewal demand."The Continuum's applicant must submit information in its commit or expend HUD or local funds renewal demand is the sum of the application on other sources of funding for such activities until HUD has annual renewal amounts of all projects the applicant has received,or performed an environmental review and eligible within the Continuum of Care's reasonably expects to receive,for a the recipient has received HUD geographic area to apply for renewal in proposed project or activities. approval of the property agreements. that federal fiscal year's competition Awarding funds.HUD will review Executing grant agreements.If a before any adjustments to rental applications in accordance with the Continuum designates more than one assistance,leasing,and operating line guidelines and nrnr.Prinrn'specified in applicant for the geographic area,HUD Packet Page-1803- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45431 Will enter into a grant agreement with would not be eligible under the Continuum of Care in the interim rule each designated recipient for which an Continuum of Care program.For where the statute uses collaborative award is announced.If a Continuum projects that would no longer be eligible applicant,as explained earlier in the designates only one recipient for the under the Continuum of Care program preamble,the interim rule stipulates geographic area,HUD may enter into (e.g.,safe havens),but which are serving that if more than one Continuum of Care one grant agreement with that recipient homeless persons;HUD wants to ensure claims the same geographic area,then for new awards,if any;and one grant that housing is maintained and that HUD will award funds to the agreement for renewals and Continuum persons do not become homeless Continuum applicant(s)whose of Care planning costs and UFA costs, because funding is withdrawn. application(s)has the highest total score if any. These two grant agreements will HUD may renew projects that were and that no projects from the lower cover the entire geographic area,and a submitted on time and in such manner scoring Continuum of Care will be default by the recipient under one of as required by HUD,but did not have funded(and that any projects submitted these agreements will also constitute a a total score that would allow the with both applications will not be default under the other.If the project to be competitively funded.HUD funded).To appeal HUD's decision to Continuum is a UFA,HUD will enter may choose to exercise this option to fund the competing Continuum of Care, into one grant agreement with the UFA ensure that homeless or formerly the applicant(s)from the lower-scoring for new awards, if any;and one for homeless persons do not lose their Continuum of Care must file the written renewal and Continuum of Care housing.The interim rule provides, appeal in such form and manner as planning costs and UFA costs,if any. based on the language in section 421(e) HUD may require within 45 days of the Similarly,these two grant agreements of the McKinney-Vento Act,that HUD date of HUD's announcement of award. will cover the entire geographic area may renew the project,upon a finding If an applicant has had a certification and a default by the recipient under one that the project meets the purposes of of consistency with a consolidated plan of those agreements will also constitute the Continuum of Care program,for up withheld,that applicant may appeal a default under the other. to one year and under such conditions such a decision to HUD.HUD has HUD requires the recipient to enter as HUD deems appropriate. established a procedure to process the into the agreement described in Annual Performance Report.The appeals and no later than 45 days after §578.23(c).Under this agreement,the interim rule also provides that HUD the date of receipt of an appeal,HUD grant recipient must agree to ensure that may terminate the renewal of any grant will make a decision. the operation of the project will be in and require the recipient to repay the Section 422(h)of the McKinney-Vento accordance with the McKinney-Veto Act renewal grant if the recipient fails to Act provides the authority for a solo and the requirements under this part.In submit a HUD Annual Performance applicant to submit an application to addition,the recipient must monitor Report(APR)within 90 days of the end HUD and be awarded a grant by HUD and report the progress of the projects of the program year or if the recipient if it meets the criteria under section 427 to the Continuum of Care and to HUD. submits an APR that HUD deems of the McKinney-Vento Act.The interim The recipient must ensure that unacceptable or shows noncompliance rule clarifies that a solo applicant must individuals and families experiencing with the requirements of the grant and submit its application to HUD by the homelessness are involved in the this part.Section 578.103(e)of the deadline established in the NOFA to be operation of the project,maintain Continuum of Care program regulations considered for funding.The statute also confidentiality of program participants, further clarifies that recipients receiving requires that HUD establish an appeal and monitor and report matching funds grant funds for acquisition, process for organizations that attempted to HUD,among other requirements.The rehabilitation,or new construction are to participate in the Continuum of recipient must also agree to use the expected to submit APRs for 15 years Care's process.and believe they were centralized or coordinated assessment from the date of initial occupancy or the denied the right to reasonable system established by the Continuum of date of initial service provision,unless participation,as reviewed in the context Care,unless the recipient or HUD provides an exception.The of the local Continuum's process.An subrecipient is a victim service recipient's submission of the APR helps organization may submit a solo provider.Victim service providers may HUD review whether the recipient is application to HUD and appeal the choose not to use the centralized or carrying out the project in the manner Continuum's decision not to include it coordinated assessment system proposed in the application.Recipients in the Continuum's application.If HUD provided that all victim service agree to submit an APR as a condition finds that the solo applicant was not providers in the area use a centralized of their grant agreement.This permitted to participate in the or coordinated assessment system that requirement allows HUD to ensure that Continuum of Care process in a meets HUD's minimum requirements. recipients submit APRs on grant reasonable manner,then HUD may HUD has provided this optional agreements that have expired as a award the grant to that solo applicant exception because it understands the condition of receiving approval for a and may direct the Continuum to take unique role that victim service new grant agreement for the renewal remedial steps to ensure reasonable providers have within the Continuum of project. participation in the future.HUD may Care. Appeals.The interim rule provides also reduce the award to the Renewals.The interim rule provides certain appeal options for applicants Continuum's applicant(s). that HUD may fund,through the that were not awarded funding. Section 422(h)(1) of the McKinney- Continuum of Care program,all projects Under section 422(g) of the Vento Act requires that"HUD establish that were previously eligible under the McKinney-Vento Act,if more than one a timely appeal procedure for grant McKinney-Vento Act prior to the collaborative applicant submits an amounts awarded or denied under this enactment of the HEARTH Act.These application covering the same subtitle to a collaborative application." projects may be renewed to continue geographic area,HUD must award funds The interim rule sets an appeal process ongoing leasing,operations,supportive to the application that scores the highest for denied or decreased funding under services,rental assistance,HMIS,and score based on the selection criteria set §578.35(c).Applicants that are denied administration beyond the initial forth in section 427 of the Act. funds by HUD,or that requested more funding period even if those projects Consistent with HUD's use of the term funds than HUD awarded,may appeal Packet Page -1804- 9/10/2013 16.F.1 . 45432 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations by filing a written appeal within 45 days determined that programs should homelessness prevention component by of the date of HUD's announcement of require at least case management for recipients in Continuums of Care that the award.HUD will notify applicant of some initial period after exiting have been designated HPCs by HUD. its decision on the appeal within 60 homelessness.HUD has imposed the Eligible activities are housing relocation days of the date of HUD's receipt of the requirement that rapid rehousing and stabilization services,and short- written appeal. include,at a minimum,monthly case and/or medium-term rental assistance, Program Components and Eligible Costs management meetings with program - as set forth in 24 CFR 576.103, (Subpart D) participants(except where prohibited necessary to prevent an individual or by the Violence Against Women Act family from becoming homeless. Program components.The interim (VAWA)and the Family Violence Planning activities.Under this interim rule provides that Continuum of'Care Prevention and Services Act(FVPSA)) rule,HUD lists eligible planning costs funds maybe used for projects under and allows for a full range of supportive for the Continuum of Care under five program components:Permanent services to be provided for up to 6 §578.39(b)and(c).HUD will allow no housing,transitional housing, months after the rental assistance stops. more than 3 percent of the FPRN,or a supportive services only,HMIS,and,in Many other HUD programs,such as maximum amount to be established by some cases,homelessness prevention. Section 8 and HOME,provide housing the NOFA,to be used for certain costs. Administrative costs are eligible under without supportive services to low- These costs must be related to designing all components.Where possible,the income individuals and families. a collaborative process for an components set forth in the Continuum With respect to rapid rehousing,the application to HUD,evaluating the of Care program are consistent with the interim rule provides that funds under outcomes of funded projects under the components set forth under the this part may be used to provide Continuum of Care and Emergency Emergency Solutions Grants program. supportive services and short-term Solutions Grants programs,and This will ease the administrative burden and/or medium-term rental assistance. participating in the consolidated plan(s) on recipients of both programs and will While the time frames under which a for the geographic area(s).Under section ensure that reporting requirements and program participant may receive short- 423 of the McKinney-Vento Act,a data quality benchmarks are term or medium-term rental assistance collaborative applicant may use no more consistently established and applied to set forth in this part match the time than 3 percent of total funds made like projects. One significant distinction frames set forth in the Emergency available to pay for administrative costs between the Emergency Solutions Solutions Grants program,the related to Continuum of Care planning. Grants program and this part can be supportive services available to program HUD is defining"of the total funds found in the eligible activities and participants receiving rapid rehousing made available"to mean FPRN,the administration requirements for assistance under the Continuum of Care higher of PPRN or renewal demand,in assistance provided under the rapid program are not limited to housing the interim rule,HUD has determined rehousing component in this interim relocation and stabilization services as that FPRN strikes the correct balance,as rule.The significant differences they are in the Emergency Solutions it is the higher of PPRN or renewal between this component in the Grants program.Program participants demand.This will help Continuums of Emergency Solutions Grants program receiving rapid rehousing under this Care(CoC)balance: (1)Having sufficient and this part are discussed below. part may receive any of the supportive planning dollars to be successful in its The interim rule sets forth the costs services set forth in§578.53 during duties and compete for new money eligible for each program component in their participation in the program.The (which would be the PPRN),and(2) §578.37(a).The eligible costs for Continuum of Care,however,does have being able to monitor and evaluate contributing data to the HMIS the discretion to develop written actual projects in operation(and plan designated by the Continuum of Care policies and procedures that limit the for renewal demand).The are also eligible under all components. services available to program administrative funds related to CoC Consistent with the definition of participants that better align the services planning made available will be added permanent housing in section 401 of the available to program participants with to a CoC's FPRN to establish the CoCs McKinney-Vento Act and§578.3 of this those set forth in the Emergency maximum award amount. interim rule,the permanent housing Solutions Grants program. Unified Funding Agency Costs.Under component is community-based housing Specific request for comment.While this interim rule,HUD lists eligible UFA without a designated length of stay that HUD's experience with the Supportive costs in§578,41(b)and(c). Similar to permits formerly homeless individuals Housing and Shelter Plus Care programs the cap on planning costs for CoC,HUD and families to live as independently as is the basis for HUD's determination to will allow no more than 3 percent of the possible.The interim rule clarifies that require case management for some FPRN,or a maximum amount to be Continuum of Care funds may be spent initial period after exiting homelessness, established by the NOFA,whichever is on two types of permanent housing: HUD specifically welcomes comment on less,to be used for UFA costs.This Permanent supportive housing for other experiences with monthly case amount is in addition to the amount persons with disabilities(PSH)and management. made available for CoC planning costs. rapid rehousing that provides temporary The interim rule provides that the UFA costs include costs associated with assistance(i.e.,rental assistance and/or HMIS component is for funds that are ensuring that all financial transactions supportive services)to program used by HMIS Leads only.Eligible costs carried out under the Continuum of participants in a unit that the program include leasing a structure in which the Care program are conducted and records participant retains after the assistance HMIS is operated,operating funds to maintained in accordance with ends. operate a structure in which the HMIS generally accepted accounting Although the McKinney-Vento Act is operated,and HMIS costs related to principles,including arranging for an authorizes permanent housing without establishing,operating,and customizing annual survey,audit,or evaluation of supportive services,the interim rule a Continuum of Care's HMIS. the financial records of each project does not.Based on its experience with As set forth in Section 424(c)of the carried out by a subrecipient funded by the Supportive Housing and Shelter McKinney-Veto Act,Continuum of Care a grant received through the Continuum Plus Care programs,HUD has funds may be used only for the of Care program.The funds made Packet Page-1805- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45433 available to UFAs related to establishing section provides that rental assistance family member of the perpetrator of the fiscal controls will be added to a CoC's may include tenant-based,project- violence.HUD requires that the program FPRN to establish the CoC maximum based,or sponsor-based rental participant provide appropriate award amount. assistance.This section also provides documentation of the original incident Leasing.Under this interim rule,grant that project-based rental assistance may of domestic violence,dating violence, funds may be used to pay the costs of include rental assistance to preserve sexual assault,or stalking,and any leasing a structure or structures,or existing permanent supportive housing evidence of the current imminent threat portions of structures,to provide for homeless individuals and families. of harm.Examples of appropriate housing or supportive services.The Given that the availability of affordable documentation of the original incident interim rule further clarifies that leasing rental housing has been shown to be a of domestic violence,dating violence, means that the lease is between the key factor in reducing homelessness,the sexual assault,or stalking include recipient of funds and the landlord, availability of funding for short-term, written observation by the housing or HUD recognizes that some grantees medium-term,and long-term rental service provider;a letter or other receiving funds through the Supportive assistance under both the Emergency documentation from a victim service Housing Program may have been using Solutions Grants program and the provider,social worker,legal assistance their leasing funds in a manner Continuum of Care program is not provider,pastoral counselor,mental consistent with the rental assistance inefficient use of program funds,but health provider,or other professional requirements established in§578.51; rather effective use of funding for an from whom the victim has sought therefore,since the Continuum of Care activity that lowers the number of assistance;or medical or dental,court, program authorizes both leasing and homeless persons. or law enforcement records. rental assistance,the rule provides for As noted in the above discussion of Documentation of reasonable belief of an allowance for projects originally rental housing available for funding further domestic violence,dating approved to carry out leasing to renew under the Continuum of Care program, violence,sexual assault,or stalking and request funds for rental assistance, one eligible form of rental assistance is includes written observation by the so long as the rental assistance meets tenant-based,which allows the program housing or service provider;a letter or the requirements in§578.51.The rule participant to retain rental assistance for other written documentation from a provides that a recipient of a grant another unit.The interim rule limits victim service provider,social worker, awarded under the McKinney-Vento this retention to within the Continuum legal assistance provider,pastoral Act, prior to enactment of the HEARTH of Care boundaries.HUD has counselor,mental health provider,or Act,must apply for leasing if the lease determined that Continuum of Care other professional from whom the is between the recipient and the program funds must be used within the victim has requested assistance;a landlord,notwithstanding that the grant Continuum's geographic boundaries.If current restraining order,recent court was awarded prior to the HEARTH Act program participants move outside of order,or other court records;or law amendments to the McKinney-Vento the Continuum,the Continuum may pay enforcement reports or records.The Act. moving costs,security deposits,and the housing or service provider may also The interim rule provides that leasing first month of rent for another unit; consider other documentation such as funds may not be used to lease units or however,the Continuum would have to emails,voicemails,text messages,social structures owned by the recipient, organize assistance with the relevant media posts, and other communication. subrecipient,their parent Continuum of Care for the program Because of the particular safety organization(s),any other related participant if rental assistance is to concerns surrounding victims of organization(s),or organizations that are continue.The program participant may domestic violence,the interim rule members of a partnership where the be transferred to a rental assistance provides that acceptable evidence for partnership owns the structure,unless program in a different Continuum both the original violence and the HUD authorizes an exception for good without having to become homeless reasonable belief include an oral cause.The interim rule establishes again.The recipient may also limit the statement.This oral statement does not minimum requirements that a request movement of the assistance to a smaller need to be verified,but it must be for an exception must include.These area if this is necessary to coordinate documented by a written certification exceptions are based on HUD's service delivery, by the individual or head of household. experience in administering the Under this interim rule,the only This provision is specific to victims of Homelessness Prevention and Rapid Re- exception to the limitation for retention P P Housing Program(HPRP). of tenant-based rental assistance is for domestic violence,dating violence, The interim rule establishes that program participants who are victims of sexual assault,and stalking who are projects for leasing may require that domestic violence,dating violence, receiving tenant-based rental assistance program participants pay an occupancy sexual assault,or stalking.Under the in permanent housing.This interim rule charge (or in the case of a sublease,rent) definition of"tenant-based"in the contains other policies for moving of no more than 30 percent of their McKinney-Vento Act(section 401(28)of program participants receiving any type income. Income must be calculated in the McKinney-Vento Act),these of assistance under this interim rule, accordance with HUD's regulations in participants must have complied with including tenant-based rental assistance, 24 CFR 5.609 and 24 CFR 5.611(a). all other obligations of the program and within the Continuum of Care However,the interim rule clarifies that reasonably believe that he or she is geographic area, or smaller geographic projects may not charge program fees. imminently threatened by harm from area required by the provider to Rental assistance.Under this interim further violence if he or she remains in coordinate service delivery.Moving rule,rental assistance is an eligible cost the assisted dwelling unit. program participants outside of the for permanent and transitional housing, In the interim rule,HUD has clarified geographic area where providers can and this rule clarifies that the rental that the imminent threat of harm must coordinate service-delivery is assistance may be short-term,up to 3 be from further domestic violence, administratively difficult for providers months of rent;medium-term,for 3 to dating violence,sexual assault,or and makes it difficult to monitor that 24 months of rent;and long-term,for stalking,which would include threats program participants have access to,and longer than 24 months of rent.This from a third party,such as a friend or are receiving,appropriate supportive Packet Page -1806- 9/10/2013 16.F.1 . • 45434 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations services;therefore,moves outside of the services specifically to victims of presented in a narrative form or other geographic area where the provider can domestic violence,dating violence, format prescribed by HUD. effectively deliver and monitor service sexual assault,and stalking.The eligible Continuums must use the HMIS to coordination are allowed only under costs for providing victim services are demonstrate the following measures:(1) exceptional circumstances.HUD has listed as eligible costs in the supportive That the mean length of homelessness established these provisions to provide services funding category.Rather than must be less than 20 days for the an exception and to address the create a new eligible line item in the Continuum's geographic area,or the challenges that are associated with such project budget,HUD has determined Continuum's mean length of episodes a move. that these costs can be included in the for individuals and families in similar Based on HUD's experience in funding categories already established. circumstances was reduced by at least administering the Shelter Plus Care Indirect costs.Indirect costs are 10 percent from the preceding year;(2) program,the interim rule includes allowed as part of eligible program that less than 5 percent of individuals provisions to clarify when rental costs.Programs using indirect cost and families that leave homelessness payments may continue to be made to allocations must be consistent with become homeless again any time within a landlord when the program Office of Management and Budget the next 2 years,or the percentage of participant no longer resides in the unit. (OMB)Circulars A-87 and A-122,as individuals and families in similar For vacated units,the interim rule applicable.OMB Circular A-87 and the circumstances who became homeless provides that assistance may continue regulations at 2 CFR part 225 pertain to again within 2 years after leaving for a maximum of 30 days from the end "Cost Principles for State,Local,and homelessness was decreased by at least of the month in which the unit was Indian Tribal Governments."OMB 20 percent from the preceding year;and vacated,unless the unit is occupied by Circular A-122 and the regulations (3)for Continuums of Care that served another eligible person.A person codified at 24 CFR part 230 pertain to homeless families with youth defined as staying in an institution for less than 90 "Cost Principles for Non-Profit homeless under other federal statutes, days is not considered as having vacated Organizations." that 95 percent of those families did not the unit.Finally,the recipient may use Other costs.In addition to the eligible become homeless again within a 2-year grant funds,in an amount not to exceed costs described in this preamble,the period following termination of one month's rent,to pay for any damage regulation addresses the following other assistance and that 85 percent of those to housing due to the action of the eligible costs:acquisition,rehabilitation, families achieved independent living in program participant,one-time,per new construction,operating costs, 'permanent housing for at least 2 years program participant,per unit.This HMIS,project administrative costs,and following the termination of assistance. assistance can be provided only at the relocation costs. The McKinney-Vento Act requires time the program participant exits the that HUD set forth standards for High-Performing Communities(Subpart housing unit. E) preventing homelessness among the Supportive services.Grant funds may subset of those at the highest risk of be used to pay eligible costs of Section 424 of the McKinney-Vento becoming homeless among those supportive services for the special needs Act establishes the authority for the homeless families and youth defined as of program participants.All eligible establishment of and requirements for homeless under other federal statutes, costs are eligible to the same extent for HPCs.Applications must be submitted the third measure above,one of which program participants who are by the collaborative applicant at such includes achieving independent living unaccompanied homeless youth; time and in such manner as HUD may in permanent housing among this persons living with Human require and contain such information as population.HUD has set forth the Immunodeficiency Virus(HIV)/ HUD determines necessary under standards of 95 percent and 85 percent. Acquired Immune Deficiency Syndrome §578.17(b).Applications will be posted HUD recognizes that these standards are (AIDS) (HIV/AIDS);and victims of on the HUD Web site(www.hud.gov)for high,but standards are comparable to domestic violence,dating violence, public comments.In addition to HUD's the other standards in the Act,.which sexual assault,or stalking.Any cost that review of the applications,interested are high.It is HUD's position that HPCs is not described as an eligible cost under members of the public will be able to should be addressing the needs of those this interim rule is not an eligible cost provide comment to HOD regarding the homeless individuals within their of providing supportive services. applications. communities prior to receiving Eligible costs consist of assistance with Requirements.The Continuum of Care designation of a HPC and being allowed moving costs,case management,child must use HMIS data(HUD will publish to spend funds in accordance with care,education services,employment data standards and measurement §578.71. assistance and job training,housing protocols)to determine that the The final standard that the search and counseling services,legal standards for qualifying as a HPC are Continuum must use its HMIS data to services,life skills training,mental met.An applicant must submit a report demonstrate is provided under section health services,outpatient health showing how the Continuum of Care 424(d)(4)of the Act.The statute requires services,outreach services,substance program funds were expended in the each homeless individual or family who abuse treatment services,transportation, prior year,and provide information that sought homeless assistance to be and utility deposits. the Continuum meets the standards for included in the data system used by that The definition of"supportive HPCs. community.HUD has defined this as services"in section 401(27)of the Standards.In order to qualify as an bed-coverage and service-volume McKinney-Vento Act includes the HPC,a Continuum of Care must coverage rates of at least 80 percent.The provision of mental health services, demonstrate through reliable data that it documentation that each homeless trauma counseling,and victim services. meets all of the required standards.The individual or family who sought HUD has determined that victim interim rule clarifies which standards homeless assistance be included in the services are eligible as supportive will be measured with reliable data from HMIS is not measurable by HUD.This services,and are included as eligible a Continuum's HMIS and which type of standard would be entirely program costs in this interim rule. standards will be measured through reliant upon self-reporting. Providers are allowed to provide reliable da+a from other cn„rr.PC end Additionally,individuals and families Packet Page -1807- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45435 have the right to decline having their grants awarded in the same competition in HPCs may use match on eligible data entered into the HMIS.HUD uses in which the designation is applied for activities described under§578.71. bed-coverage rates and service-volume and made.The designation will be for General operations.Recipients of coverage rates as a proxy for measuring a period of one year. grant funds must provide housing or the rate of inclusion of persons who are Eligible activities.Recipients and services that comply with all applicable present for services or housing in the subrecipients in Continuums that have State and local housing codes,licensing HMIS.This is a measurable standard, been designated an HPC may use grant requirements,and any other and HUD defines the calculation in the funds to provide housing relocation and requirements in the project's • HMIS rule;therefore,the measurement stabilization services and short-and/or jurisdiction.In addition,this interim will be consistent between Continuums. medium-term rental assistance to rule clarifies that recipients must abide Continuums must use reliable data individuals and families at risk of by housing quality standards and from other sources and presented in a homelessness as set for in the suitable dwelling size.Recipients must narrative form or other format Emergency Solutions Grants program. also assess supportive services on an prescribed by HUD to measure two All eligible activities discussed in this ongoing basis,have residential standards:Community action and section must be effective at stabilizing supervision,and provide for renewing HPC status.Section 424(d)(4) individuals and families in their current participation of homeless individuals as of the McKinney-Vento Act establishes housing,or quickly moving such required under section 426(g)of the another standard for HPCs,which is individuals and families to other McKinney-Vento Act. "community action."This statutory permanent housing.This is the only Specific request for comment.With section e g time that of Care funds may respect quality standards, compose the geographic ea must have b e u sed to serve non hameless includes in this rule the actively encouraged homeless individuals and families.Recipients and longstanding requirement from the individuals and families to participate subrecipients using grant funds on these Shelter Plus Care program that in housing and services available in the eligible activities must follow the recipients or subrecipients,prior to geographic area and included each written standards established by the providing assistance on behalf of a homeless individual or family who Continuum of Care in§578.7(a)(9)(v), program participant,must physically sought homeless assistance services in and the recordkeeping requirements set inspect each unit to assure that the unit the data system used by that community for the Emergency Solutions Grants meets housing quality standards.This for determining compliance.HUD has requirement is designed to ensure that defined "communities that compose the Program rule. program participants are placed in geographic area"to mean the entire Program Requirements(Subpart F) housing that is suitable for living. geographic area of the Continuum.This Additionally,these requirements are definition will also provide consistency All recipients of Continuum of Care consistent with HUD's physical of measurement since most of HUD's funding must comply with the program inspection requirements in its other measurements are across the entire regulations and the requirements of the mainstream rental assistance programs. Continuum of Care geographic area. NOFA issued annually by HUD. Notwithstanding that this is a HUD has further defined"actively Matching.The HEARTH Act allows longstanding requirement,HUD encourage"within this standard as a for a new,simplified match welcomes comment on alternatives to comprehensive outreach plan,including requirement.All eligible funding costs inspection of each unit that maybe less specific steps for identifying homeless except leasing must be matched with no burdensome but ensure that the housing persons and referring them to less than a 25 percent cash or in-kind provided to a program participant is appropriate housing and services in that match.The interim rule clarifies that the decent,safe,and sanitary. geographic area. The measurement of match must be provided for the entire Under Section 578.75,General the last part of this standard, "each grant,except that recipients that are Operations,subsection(h),entitled homeless individual or family who UFAs or are the sole recipient for the "Supportive Service Agreements," sought homeless assistance services in Continuum may provide the match on a states that recipients and subrecipients the data system used by that Continuum wide basis. may require program participants to community,"will be measured using For in-kind match,the take part in supportive services so long reliable data from an HMIS and has governmentwide grant requirements of as they are not disability-related been discussed earlier in this preamble. HUD's regulations in 24 CFR 84.23 (for services,provided through the project as HUD has determined this will provide private nonprofit organizations)and a condition of continued participation clarity and ensure consistent 85.24(for governments)apply.The in the program.Examples of disability- measurement across Continuums. regulations in 24 CFR parts 84 and 85 related services include,but are not The interim rule provides that a establish uniform administrative limited to,mental health services, Continuum of Care that was an HPC in requirements for HUD grants.The outpatient health services,and the prior year and used Continuum requirements of 24 CFR part 84 apply to provision of medication,which are funds for activities described under subrecipients that are private nonprofit provided to a person with a disability to §578.71 must demonstrate that these organizations.The requirements of 24 address a condition caused by the activities were effective at reducing the CFR part 85 apply to the recipient and disability. number of persons who became subrecipients that are units of general This provision further states that if homeless in that community,to be purpose local government.The match the purpose of the project is to provide renewed as a HPC. requirement in 24 CFR 84.23 and in 24 substance abuse treatment services, Selection.HUD will select up to 10 CFR 85.24 applies to administration recipients and subrecipients may Continuums of Care each year that best funds,as well as Continuum of Care require program participants to take part meet the application requirements and planning costs and UFA's financial in such services as a condition of the standards set forth in§578.65. management costs.All match must be continued participation in the program. Consistent with section 424 of the spent on eligible activities as required For example,if a Continuum of Care McKinney-Vento Act,the interim rule under subpart D of this interim rule, recipient operates a transitional housing provides a HPC designation for the except that recipients and subrecipients program with substance abuse treatment Packet Page -1808- 9/10/2013 16.F.1 . 45436 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations services,the recipient may require HUD funds and participate in HUD services,should not be allowed to program participants to participate in programs on an equal footing with other discriminate against current or those services. By contrast,in a program organizations;that no group of prospective program beneficiaries on that offers services but whose purpose is applicants competing for HUD funds the basis of religion,a religious belief, not substance abuse treatment,a should be subject,as a matter of a refusal to hold a religious belief,or a recipient may not require a person who discretion,to greater or fewer refusal to attend or participate in a is an alcoholic,for example,to sign a requirements than other organizations religious practice.The Executive Order supportive service agreement at initial solely because of their religious directs that organizations that engage in occupancy stating that he or she will character or affiliation,or,alternatively, explicitly religious activities(including . participate in substance abuse treatment the absence of religious character or activities that involve overt religious services as a condition of occupancy. affiliation.HUD's general principles content such as worship,religious All program participants must,however, regarding the equal participation of such instruction,or proselytization)must meet all terms and conditions of organizations in its programs are perform such activities and offer such tenancy,including lease requirements. codified at 24 CFR 5.109.Program- services outside of programs that are If,as a result of a person's behavior specific requirements governing faith- supported with direct federal financial stemming from substance use,a person based activities are codified in the assistance(including through prime violates the terms of the lease,a regulations for the individual HUD awards or subawards),separately in recipient may consider requiring programs. (See,for example,24 CFR time or location from any such programs participation in services or any other 574.300(c),24 CFR 582.115(c),and 24 or services supported with direct federal action necessary in order for such a CFR 583.150(b).) financial assistance,and participation in person to successfully meet the HUD's equal participation regulations any such explicitly religious activities requirements of tenancy. were prompted by Executive Order must be voluntary for the beneficiaries Finally,the interim rule clarifies that 13279,Equal Protection of the Laws for of the social service program supported in units where the qualifying member of Faith-Based and Community with such federal financial assistance. the household has died,or has been Organizations,issued by President Bush For purposes of greater clarity and incarcerated or institutionalized for on December 12,2002,and published in comprehensibility,the Executive Order more than 90 days,assistance may the Federal Register on December 16, uses the term"explicitly religious"in continue until the expiration of the 2002(67 FR 77141).Executive Order lieu of"inherently religious."The lease in effect at the time of the 13279 set forth principles and Executive Order further directs that if a qualifying member's death, policymaking criteria to guide federal beneficiary or prospective beneficiary of incarceration,or institutionalization. agencies in ensuring the equal a social service program supported by Displacement,relocation, and protection of the laws for faith-based federal financial assistance objects to acquisition.All recipients must ensure and community organizations. the religious character of an that they have taken all reasonable steps Executive Order 13279 was amended by organization that provides services to minimize the displacement of Executive Order 13559(Fundamental under the program,that organization persons as a result of projects assisted Principles and Policyrnaldng Criteria for shall,within a reasonable time after the under this part. This section of the Partnerships With Faith-Based and date of the objection,refer the interim rule is substantially revised Other Neighborhood Organizations), beneficiary to an alternative provider. from the previous programs to increase issued by President Obama on Executive Order 13559 provides for clarity and comprehension of the November 17,2010,and published in the establishment of an Interagency directions to recipients and the Federal Register on November 22, Working Group on Faith-Based and subrecipients in the use of grant funds. 2010(75 FR 71319). Other Neighborhood Partnerships Timeliness standards.Recipients Executive Order 13559 expands on (Working Group)to review and evaluate must initiate approved activities and the equal participation principles existing regulations,guidance projects promptly.Recipients of funds provided in Executive Order 13279 to documents,and policies,and directs the for rehabilitation and new construction strengthen the capacity of faith-based OMB to issue guidance to agencies on must begin construction activities and other neighborhood organizations to uniform implementation following within 9 months of the signing of the deliver services effectively and ensure receipt of the Working Group's report. grant,and such activities must be the equal treatment of program On April 27,2012,the Working Group completed within 24 months.HUD is beneficiaries.Executive Order 13559 issued its report,recommending a providing these requirements to assist reiterates a key principle underlying model set of regulations and guidance communities in meeting the obligation participation of faith-based for agencies to adopt,', and expenditure deadline historically organizations in federally funded HUD intends to wait for OMB imposed by the annual HUD activities and that is that faith-based guidance before initiating any appropriations act.HUD may reduce a organizations be eligible to compete for rulemaking directed to broader changes grant term to a term of one year if federal financial assistance used to to HUD's existing faith-based implementation delays reduce the support social service programs and to regulations,to ensure consistency with amount of funds that can be used during participate fully in social service faith-based regulations of other federal the original grant term. programs supported with federal agencies.However,HUD has revised its Limitation on use of funds.Recipients financial assistance without impairing regulatory provisions governing faith- of funds provided under this part must their independence,autonomy, based activities to incorporate the abide by any limitations that apply to expression outside the programs in principles of Executive Order 13559 the use of such funds,such as use of question,or religious character. pertaining to equal treatment of program funds for explicitly religious activities. With respect to program beneficiaries, beneficiaries and to adopt terminology, The limitation on use of funds also the Executive Order states that such as"explicitly religious"and"overt addresses limitation on uses where organizations,in providing services religious activities may be concerned.It supported in whole or in part with ,The report is available at:http:// is HUD's position that faith-based federal financial assistance,and in their www.whitehousagovIsites/default/files/uploads/ organizations are able to compete for outreach activities related to such finalfaithbasedworkinggroupreport.pdf. Packet Page-1809- • 9/10/2013 16.F.1 . • Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45437 religious content,"that offers greater over this requirement from the Shelter Section 578.93(b)(1)states that,in clarity to the limitations placed on faith- Plus Care program. consideration of personal privacy, based organizations when using federal Fair Housing and Equal Opportunity housing may only be limited to a single funds for their supportive services. requirements.The Continuum of Care, sex when such housing consists of a Additionally,HUD is putting in place as well as its members and single structure with shared bedrooms through this rulemaking the provision of subrecipients,are required to comply or bathing facilities such that the Executive Order 13559 that directs the with applicable civil rights laws. considerations of personal privacy and referral to alternative providers. Section 578.93,addressing the physical limitations of the Executive Order 13559 provides that if nondiscrimination and equal configuration of the housing make it a beneficiary or prospective beneficiary opportunity requirements,is provided appropriate for the housing to be limited of a social service program supported by to offer greater direction to recipients to one sex. federal financial assistance objects to and subrecipients on the use of grant Further, §§578.93(b)(4)and(5)clearly the religious character of an funds.Section 578.93(a)states that the outline instances when sex offenders or organization that provides services nondiscrimination and equal violent offenders may be excluded from under the program,that organization opportunity requirements set forth in 24 housing,and when projects providing shall,within a reasonable time frame CFR 5.105(a)apply.This includes,but sober housing may exclude persons. after the date of the objection,refer the is not limited to,the Fair Housing Act, HUD's Section 504 regulations permit beneficiary to an alternative provider. Title VI of the Civil Rights Act of 1964, housing funded under a particular While HUD will benefit from OMB Section 504 of the Rehabilitation Act of program to be reserved for persons with guidance on other provisions of the 1973 (Section 504),and title II of the a specific disability when a federal Executive Order,specifically those Americans with Disabilities Act. statute or executive order specifically which the Working Group is charged to Section 578.93(b)explains when authorizes such a limitation. Section provide recommendations,the recipients and subrecipients ma y 578.93(b)(6)states that if the housing is "referral"provision of the Executive exclusively serve a particular assisted with funds under a federal Order is one that HUD believes it can subpopulation in transitional or program that is limited by federal immediately put in place.HUD may, permanent housing.As part of these statute or executive order to a specific following receipt of public comment requirements,recipients must also subpopulation,mated t the housing may be and further consideration of this issue, administer programs�ms and activities limited to that subpopulation. revise how recipients and subrecipients P Section 57to recipients p(7)provides document the referral to other providers receiving federal financial assistance in clarification to re of funds under when beneficiaries may assert P the most integrated setting appropriate this part as to when a project can limit to the needs of qualified individuals admission to a specific subpopulation of objections to the original provider.For with disabilities.This"integration homeless individuals and families based now,HUD is requiring that any mandate"requires that HUD-funded on the service package offered in the objections and any referrals be P g programs or activities enable To help recipients better documented in accordance with the project. P p recordkeeping provisions of§578.013. individuals with disabilities to interact understand these requirements,the This section of the interim rule also with nondisabled persons to the fullest following paragraphs provide a detailed contains limitations on the types of extent possible.In reviewing requests explanation of the regulatory provision, eligible assistance that may not be for funding through the Continuum of along with a few examples. Care NOFA,HUD will be considering Section 578.93(b)(7)states that combined in a single structure or , housing unit.As the Continuum of Care each recipients proposals to provide . recipients may limit admission to or substantially increases the types of integrated housing to individuals with provide a preference for the housing to assistance that may be combined in a disabilities. subpopulations of homeless persons and project from previous programs,HUD There are certain situations in which families who need the specialized has established standards in this section a recipient or subrecipient may limit supportive services that are provided in to provide recipients with clarity about housing to a specific subpopulation,so the housing.The regulation contains the the types of activities that may not be long as admission does not discriminate following examples:Substance abuse carried out in a single structure or against any protected class,as well as addiction treatment,domestic violence housing unit. instances where recipients or services,or a high-intensity package Termination of assistance.The subrecipients may limit admission or designed to meet the needs of hard-to- interim rule provides that a recipient provide a preference to certain reach homeless persons.However, may terminate assistance to a subpopulations of homeless persons and §578.93(b)(7)further states that while participant who violates program families who need the specialized the housing may offer services for a requirements or conditions of services provided in the housing.For particular type of disability,no occupancy.The recipient must provide example,§578.93(b)(2)states that the otherwise eligible individual with a a formal process that recognizes the due housing may be limited to homeless disability,or family that includes an process of law.Recipients may resume veterans,so long as admission is not individual with a disability,who may assistance to a participant whose denied based on any membership in a benefit from the services provided may assistance has been terminated. protected class;e.g.,homeless veterans be excluded on the grounds that they do Recipients that are providing with families must be admitted. not have a particular disability.Below permanent supportive housing for hard- Similarly,housing may be limited to are general examples to offer guidance to-house populations of homeless domestic violence victims and their on this subsection.Please note that persons must exercise judgment and families or persons who are at risk of these examples are nonexhaustive,but examine all circumstances in institutionalization,so long as emphasize that the proper focus is on determining whether termination is admission is not denied based on any the services available as part of the appropriate.Under this interim rule, membership in a protected class. Continuum of Care project as opposed HUD has determined that a participant's Section 578.93(b)(3)states that to a person's category or subcategory of assistance should be terminated only in housing may be limited to families with disability.While these general the most severe cases.HUD is carrying children. principles are offered to help clarify this Packet Page -1810- 9/10/2013 16.F.1 . 45438 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations section,a change in the factual scenario into this interim rule.This provision of skills and knowledge to entities that may change the analysis. clarifies,especially for projects where may need,but do not possess,such One clarifying example is as follows. the current policy is to deny the skills and knowledge.The assistance A private,nonprofit organization or a admittance of a boy under the age of 18, may include written information,such local government applies for and that denying admittance to a project as papers,manuals,guides,and receives a new grant under this part to based on age and gender is no longer brochures;person-to-person exchanges; provide project-based rental assistance permissible.HUD encourages and training and related costs. and services,including case Continuums of Care to use their Therefore,as needed,HUD may management,intensive therapy centralized or coordinated assessment advertise and competitively select provided by a psychiatrist,and systems to find appropriate shelter or providers to deliver technical medication management.The recipient housing for families with male children assistance.HUD may enter into or subrecipient may establish a under the age of 18. contracts,grants,or cooperative preference for individuals who are Specific request for comment.HUD agreements to implement the technical chronically homeless.When filling an specifically seeks comments from assistance.HUD may also enter into opening in the housing,the recipient or Continuum of Care-funded recipients on agreements with other federal agencies subrecipient may target chronically this requirement.HUD invites when awarding technical assistance homeless individuals or families,but if comments about the difficulty that funds. there are no such individuals or families recipients are going to experience,if Recordkeeping requirements.Grant either on a waiting list or applying for any,in implementing this requirement, recipients under the Supportive entrance to the program,the recipient or In addition to comments about the Housing Program and the Shelter Plus subrecipient cannot deny occupancy to difficulties,HUD invites communities Care program have always been required individuals or families who apply for that have already implemented this to show compliance with regulations entrance into the program and who may requirement locally to describe their through appropriate records.However, benefit from the services provided. methods for use in HUD's technical the existing regulations are not specific When filling a vacancy in the housing, assistance materials and for posting on about the records to be maintained. The the recipient or subrecipient,if the HUD Homeless Resource Exchange. interim rule for the Continuum of Care presented with two otherwise eligible Other standards.In addition to the program elaborates upon the persons,one who is chronically program requirements described in this recordkeeping requirements to provide homeless and one who is not,may give preamble,the interim rule sets forth sufficient notice and clarify the a preference to the chronically homeless other program requirements by which documentation that HUD requires for individual. all recipients of grant funds must abide. assessing compliance with the program By comparison,§578.93(b)(6) These include a limitation on the use of requirements.The recordkeeping addresses situations where Continuum grant funds to serve persons defined as requirements for documenting homeless of Care funds are combined with HUE) homeless under other federal laws, status were published in the December funding for housing that may be conflicts of interest standards,and 5,2011,Defining Homeless final rule. restricted to a specific disability.For standards for identifying uses of Because these recordkeeping example,if Continuum of Care funds for program income. requirements already went through a 60- a specific project are combined with Additionally,recipients are required day comment period,HUD is not construction or rehabilitation funding to follow other federal requirements seeking further comment on these for housing from the Housing contained in this interim rule under requirements.Additionally, Opportunities for People With AIDS §578.99.These include compliance recordkeeping requirements with program,the program may limit with such federal requirements as the similar levels of specificity apply to eligibility for the project to persons with Coastal Barriers Resources Act,OMB documentation of"at risk of HIV/AIDS and their families.An Circulars,HUD's Lead-Based Paint homelessness"and these requirements individual or a family that includes an regulations,and audit requirements. can be found in§576,500(c)of the individual with a disability may be The wording of these requirements has Emergency Solutions Grants program denied occupancy if the individual or at been substantially revised from previous interim rule published on December 5, least one member of the family does not . programs,with the objective being to 2011.Because the documentation have HIV/AIDS. increase clarity and comprehension of requirements pertaining to"at risk of In another example,a private, the directions to recipients and homelessness"were already subject to a nonprofit organization applies for and subrecipients in the use of grant funds. 60-day public comment period,HUD is receives Continuum of Care funds from not seeking additional comment on Administration(Subpart G) a local governmental entity to these requirements.Further rehabilitate a five-unit building,and Technical assistance.The purpose of requirements are modeled after the provides services including assistance technical assistance under the recordkeeping requirements for the with daily living and mental health Continuum of Care program is to HOME Investment Partnerships Program services.While the nonprofit increase the effectiveness with which (24 CFR 92.508)and other HUD organization intends to target and Continuums of Care,eligible applicants, regulations. advertise the project as offering services recipients,subrecipients,and UFAs Included along with these changes are for persons with developmental implement and administer their new or expanded requirements disabilities,an individual with a severe Continuum of Care planning process. regarding confidentiality,rights of psychiatric disability who does not have Technical assistance will also improve access to records,record retention a developmental disability but who can the capacity to prepare applications, periods,and reporting requirements. benefit from these services cannot be and prevent the separation of families in Most significantly,to protect the safety denied. projects funded under the Emergency and privacy of all program participants, Section 578.93(e)incorporates the Solutions Grants,Continuum of Care, the Continuum of Care rule broadens "preventing involuntary family and Rural Housing Stability Assistance the program's confidentiality separation"requirement set forth in programs.Under this interim rule, requirements.The McKinney-Vento Act Section 404 of the McKinney-Veto Act technical assistance means the transfer requires only procedures to ensure the Packet Page -1811- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45439 confidentiality of records pertaining to III.Regulations for HUD Homeless procedures may be omitted,however,if any individual provided family violence Assistance Programs Existing Prior to HUD determines that,in a particular prevention or treatment services under Enactment of HEARTH Act case or class of cases,notice and public this program. The interim rule requires Because grants are still being comment procedure are"impracticable, written procedures to ensure the administered under the Shelter Plus unnecessary,or contrary to the public security and confidentiality of all interest."(See 24 CFR 10.1.) Care program and the Supportive records containing personally Housing program,the regulations for In this case,HUD has determined that identifying information of any it would be contrary to the public these programs in 24 CFR parts 582,and individual or family who applies for interest to delay promulgation of the 583,respectively,will remain in the and/or receives Continuum of Care Code of Federal Regulations for the time regulations for the Continuum of Care assistance. program.3 Congress has provided being.When no more,or very few, Grant and project changes.The funding for this new program in the interim rule provides that recipients of grants remain under these programs, Consolidated and Further Continuing grants may not make any significant HUD will remove the regulations in Appropriations Act,2012(Pub.L. 112– these parts by a separate rule(if no changes to use of grant funds without 55,approved November 18,2011)(FY prior HUD approval,evidenced by a grants exist) or will replace them with 2012 Appropriations Act).The FY 2012 grant amendment signed by HUD and a savings clause,which will continue to Appropriations Act,under the account the recipient.The interim rule provides govern grant agreements executed prior for Homeless Assistance Grants, to the effective date of the HEARTH Act separate standards for determining appropriates not less than$1.593 billion when a grant amendment is required for regulations. for the Continuum of Care and Rural Continuums having only one recipient, IV.Conforming Regulations Housing Stability programs.While including UFAs,and Continuums In addition to establishing the new many federal programs,including HUD having more than one recipient, regulations for the Continuum of Care programs,received a reduction in Additionally,the interim rule provides program,HUD is amending the funding in the FY 2012 Appropriations contingencies that must be met before fallowing regulations,which reference Act,Congress increased funding for HUD will approve the grant the Shelter Plus Care Program and the HUD's homeless assistance grants, amendment.These contingencies are Supportive Housing Program,to include including the Continuum of Care necessary to ensure that recipients meet program.Additionally,the Conference the capacity requirements established in reference to the Continuum of Care Report accompanying the FY 2012 the NOFA and to ensure that eligible program.These regulations are the Appropriations Act(House Report 112– persons within the geographic area are regulations pertaining to:(1)Family 284)states in relevant part,as follows: Income and Family Payment; better served and,since the Continuum "The conferees express concern that Occupancy Requirements for Section 8 of Care program is a competitive HUD continued to implement pre- program,that the priorities established and Public Housing,Other HUB- HEARTH grant programs in FY 2011, under the NOFA continue to be met. Assisted Housing Serving Persons with due to a lack of regulations.The Any changes to an approved grant or Disabilities, and Section 8 Project Based conferees direct HUD to publish at least project that do not require a grant Assistance,the regulations for which are interim guidelines for the Emergency amendment, as set forth in this section, in 24 CFR part 5,subpart F,specifically, Solutions Grants and Continuum of Care must be fully documented in the §5.601 (Purpose and Applicability), programs this fiscal year and to recipient's or subrecipient's records. paragraphs(d)and(e) of this section; implement the new grant programs as Sanctions.The interim rule §5.603 (Definitions),specifically the soon as possible so that the updated establishes sanctions based on existing definition of"Responsible Entity;" policies and practices in HEARTH can regulations and strengthens the §5.617(Self-Sufficiency Incentives for begin to govern the delivery of homeless enforcement procedures and array of Persons with Disabilities—Disallowance assistance funding."(See Conf.Rpt.at remedial actions and sanctions for of Increase in Annual Income), page 319.Emphasis added.)Given this recipients and subrecipients of paragraph(a)of this section;(2) congressional direction,HUD is issuing Continuum of Care funds.These Environmental Review Responsibilities this rule providing for regulations for revisions draw from the requirements at for Entities Assuming HUD the Continuum of Care program as an 24 CFR 85.43 and other HUD program Environmental Responsibilities,the interim rule.Having interim regulations regulations. regulations for which are in 24 CFR part in place will allow HUD to move Close-out.The interim rule provides 58,specifically§58.1 (Purpose and forward in making FY 2012 funds that grants must be closed out at the end Applicability),paragraph(b)(3)of this available to grantees,and avoid a of their grant term if recipients are not section;and(3)the Consolidated significant delay that would result from seeking renewal. Section 578.109 of this Submissions for Community Planning issuance,first, of a proposed rule.As interim rule specifies the actions that and Development Programs,the must be taken after the closeout, regulations for which are in 24 CFR part management or personnel or to public property, including grantee submission of 91,specifically, §91.2(Applicability), loans,grants,benefits,or contracts are exempt from financial,final performance,or other paragraph(b) of this section. the advance notice and public comment reports required by HUD within 90 days requirement of sections 553(b)and(c)of the APA. P q Y Y V,Justification for Interim Rulemaking In its regulations in 24 CFR 10.1,HUD has waived of the end of the grant term.Any unused the exemption for advance notice and public funds must be deobligated and returned In accordance with its regulations on comment for matters that relate to public property, to HUD. rulemaking at 24 CFR part 10,HUD loans,grants,benefits,or contracts,and has generally publishes its rules for advance committed to undertake notice and comment The interim rule stipulates,for grants g Y P rulemaking for these matters. seeking renewal,that failure to submit public comment.2 Notice and public 3 Although HUD's regulation in 24 CFR we final performance reports,or other provide that HUD will involve public participation Amok reports required by HUD within 90 2The Administrative Procedure Act(5 U.S.C. in its rulemaking,this regulation also provides that days,may cause renewal funds to be Subchapter II)(APA),which governs federal notice and public procedure will be omitted if HUD rulemaking,provides in section 553(a)that matters determines in a particular case or class of cases that withdrawn and grant funds expended involving a military or foreign affairs function of the notice and public procedure are impracticable, on the renewal grant to be repaid. United States or a matter relating to federal agency unnecessary,or contrary to the public interest. Packet Page-1812- 9/10/2013 16.F.1 . 45440 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations has been discussed in this preamble,the regulatory action,as provided under accordance with HUD regulations at 24 foundation for the Continuum of Care section 3(f)(1)of the Executive Order). CFR part 50,which implement section regulations is the criteria and As has been discussed in this 102(2)(C)of the National Environmental requirements provided in NOFAs for the preamble,this interim rule establishes Policy Act of 1969(42 U.S.C. Continuum of Care Homeless Assistance the regulations for the Continuum of 4332(2)(C)).The Finding of No Grants Competition program,which Care program,which is the HEARTH Significant Impact is available for public HUD has funded for more than 10 years. Act's codification of HUD's long- inspection between the hours of 8 a.m. ' Through the Continuum of Care standing Continuum of Care planning and 5 p.m.weekdays in the Regulations Homeless Assistance Grants process.The HEARTH Act not only Division,Office of General Counsel, Competition program,HUD provided codified in law the planning system Department of Housing and Urban funding for the Supportive Housing known as Continuum of Care,but Development,451 7th Street SW.,Room program,the Shelter Plus Care program, consolidated the three existing 10276,Washington,DC 20410-0500. and the Section 8 Moderate competitive homeless assistance grant Due to security measures at the HUD Rehabilitation Single Room Occupancy programs(Supportive Housing,Shelter Headquarters building,please schedule program.The HEARTH Act Plus Care,and Single Room Occupancy) an appointment to review the FONSI by consolidated these three competitive into the single grant program known as calling the Regulations Division at 202– programs into the statutorily established the Continuum of Care program.As 708-3055 (this is not a toll-free Continuum of Care program,which was discussed in the preceding section of number).Individuals with speech or established as a single grant program. the preamble,HUD funded these three hearing impairments may access this Interim regulations will provide programs for more than 10 years number via TTY by calling the Federal certainty with respect to funding through a NOFA,which was titled the Relay Service at 800-877-8339. requirements and eligible expenditures Continuum of Care Homeless Assistance Unfunded Mandates Reform Act for FY 2012,and the public comment Grants Competition Program.However, solicited through this interim rule will the funding of the three competitive The Unfunded Mandates Reform Act help inform the public procedures that grant programs,although done through of 1995(2 U.S.C. 1531-1538)(UMRA) HUD is contemplating in its regulations a single NOFA,delineated the different establishes requirements for federal in 24 CFR part 10,and this public statutes and regulations that governed agencies to assess the effects of their comment,in turn,will inform the final each of the three programs(see,for regulatory actions on State,local,and rule that will follow this interim rule example,HUD's 2008 Continuum of tribal governments and on the private and govern the funding years following Care NOFA at 73 FR 398450, sector.This interim rule does not FY 2012. specifically page 39845).In impose a federal mandate on.any State, consolidating these three competitive local,or tribal government,or on the For the reasons stated above,HUD is g issuing this rule to take immediate programs into a single grant program, private sector,within the meaning of effect,but welcomes all comments on the HEARTH Act achieves the UMRA this interim rule and all comments will administrative efficiency that HUD be taken into consideration in the strived to achieve to the extent possible, Regulatory Flexibility Act development of the final rule. through its administrative establishment The Regulatory Flexibility Act(5 of the Continuum of Care planning 601 et seq.)generally requires an U.S.C.60 VI.Findings and Certifications process.To the extent permitted by the agency 0 conduct a regulatory Regulatory Review—Executive Orders HEARTH Act and where feasible,the flexibility analysis of any rule subject to 12866 and 13563 regulations build-in flexibility for notice and comment rulemaking grantees,based on experience in requirements,unless the agency certifies Under Executive Order 12866 administering the Continuum of Care q (Regulatory Planning and Review),a program to date.Given the transition that the rule will not have a significant determination must be made whether a from administrative operation of the economic impact on a substantial regulatory action is significant and, number of small entities.This rule gu y gn Continuum of Care program to statutory solely addresses the allocation and use therefore,subject to review by the Office operation of the Continuum of Care of Management and Budget(OMB)in program,this interim rule would also of grant funds under the new accordance with the requirements of the have no discernible impact upon the McKinney-Vento Act homeless order.Executive Order 13563 economy. assistance programs,as consolidated (Improving Regulations and Regulatory The docket file is available for public and amended by the HEARTH Act.As Review) directs executive agencies to inspection in the Regulations Division, discussed in the preamble,the majority analyze regulations that are"outmoded,. Office of the General Counsel,Room of the regulatory provisions proposed by ineffective,insufficient, or excessively 10276,451 7th Street SW„Washington, this rule track the regulatory provisions burdensome,and to modify,streamline, DC 20410-0500.Due to security of the Continuum of Care program,with expand,or repeal them in accordance measures at the HUD Headquarters which prospective recipients of the with what has been learned."Executive building,please schedule an Supportive Housing program and the Order 13563 also directs that,where appointment to review the docket file by Shelter Plus Care program are familiar. relevant,feasible,and consistent with calling the Regulations Division at 202– Accordingly,the program requirements regulatory objectives,and to the extent 708-3055 (this is not a toll-free should raise minimal issues because permitted by law,agencies are to number).Individuals with speech or applicants and grantees are familiar identify and consider regulatory hearing impairments may access this with these requirements,and in approaches that reduce burdens and number via TTY by calling the Federal response to HUD's solicitations to them maintain flexibility and freedom of Relay Service at 800-877-8339. on the burden of the requirements for choice for the public.This rule was the Supportive Housing program and determined to be a"significant Environmental Impact the Shelter Plus Care program,grantees regulatory action,"as defined in section A Finding of No Significant Impact have not advised that such requirements 3(f)of Executive Order 12866 (although (FONSI)with respect to the are burdensome.Therefore,HUD has not an economically significant environr,°' b^^'6°°^,,,nr n 4, determined that this rule would not Packet Page -1813- 9/10/2013 16.F.1. Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45441 have a significant economic impact on substantial direct compliance costs on rule have been submitted to the Office a substantial number of small entities. State and local governments and is not of Management and Budget(OMB) Notwithstanding HUD's required by statute,or the rule preempts under the Paperwork Reduction Act of determination that this rule will not State law,unless the agency meets the 1995 (44 U.S.C. 3501-3520).In have a significant effect on a substantial consultation and funding requirements accordance with the Paperwork number of small entities,HUD of section 6 of the Executive Order.This Reduction Act,an agency may not specifically invites comments regarding final rule does not have federalism conduct or sponsor,and a person is not any less burdensome alternatives to this implications and does not impose required to respond to,a collection of rule that will meet HUD's objectives as substantial direct compliance costs on information,unless the collection described in this preamble. State and local governments nor displays a currently valid OMB control Executive Order 13132,Federalism preempts State law within the meaning number. of the Executive Order. Executive Order 13132(entitled The burden of the information "Federalism")prohibits an agency from Paperwork Reduction Act collections in this interim rule is publishing any rule that has federalism The information collection estimated as follows: implications if the rule either imposes requirements contained in this interim REPORTING AND RECORDKEEPING BURDEN Number of Response Total annual Burden hours Total annual Information collection respondents frequency. responses per response hours (average) §578.5(a) Establishing the CoC 450 1 450 8.0 3,600 §578.5(b)Establishing the Board 450 1 450 5.0 2,250 §578.7(a)(1)Hold CoC Meetings 450 2 900 4.0 3,600 §578.7(a)(2)Invitation for New Members 450 1 450 1.0 450 §578.7(a)(4)Appoint committees 450 2 900 0.5 450 §578.7(a)(5)Governance charter 450 1 450 7.0 3,150 §578.7(a)(6)and(7)Monitor performance and evaluation 450 4 450 9.0 4,050 §578.7(a)(8) Centralized or coordinated assessment sys- tem 450 1 450 8.0 3,600 §578.7(a)(9)Written standards 450 1 450 5.0 2,250 §578.7(b)Designate HMIS 450 1 450 10.0 4,500 §578.9 Application for funds 450 1 450 180.0 81,000 §578.11(c) Develop CoC plan 450 1 450 9.0 4,050 §578.21(c)Satisfying conditions 8,000 1 8,000 4.0 32,000 , §578.23 Executing grant agreements 8,000 1 8,000 1.0 8,000 §578.35(b)Appeal-solo 10 1 10 4.0 40 §578.35(c)Appeal-denied or decreased funding 15 1 15 1.0 15 §578.35(d)Appeal-competing CoC 10 1 10 5,0 50 §578.35(e)Appeal-Consolidated Plan certification 5 1 5 2.0 10 §578.49(a)-Leasing exceptions 5 1 5 1.5 7.5 §578.65 HPC Standards 20 1 20 10.0 200 §578.75(a)(1) State and local requirements-appropriate service provision 7,000 1 7,000 0.5 3,500 §578.75(a)(1) State and local requirements-housing codes 20 1 20 3.0 60 §578.75(b) Housing quality standards 72,800 2 145,600 1.0 145,600 §578.75(b)Suitable dwelling size 72,800 2 145,600 0.08 11,648 §578.75(c)Meals 70,720 1 70,720 0.5 35,360 §578.75(e)Ongoing assessment of supportive services 8,000 1 8,000 1.5 12,000 §578.75(f)Residential supervision 6,600 3 19,800 0.75 14,850 §578.75(g)Participation of homeless individuals 11,500 1 11,500 1.0 11,500 §578.75(h)Supportive service agreements 3,000 100 30,000 0.5 15,000 §578.77(a)Signed leases/occupancy agreements 104,000 2 208,000 1.0 208,000 §578.77(b) Calculating occupancy charges 1,840 200 368,000 0.75 276,000 §578.77(c)Calculating rent 2,000 200 400,000 0.75 300,000 §578.81(a) Use restriction 20 1 20 0.5 10 §578.91(a)Termination of assistance 400 1 400 4.00 1,600 §578.91(b)Due process for termination of assistance 4,500 1 4,500 3.0 13,500 §578.95(d)-Conflict-of-Interest exceptions 10 1 10 3.0 30 §578.103(a)(3) Documenting homelessness 300,000 1 300,000 0.25 75,000 §578.103(a)(4) Documenting at risk of homelessness 10,000 1 10,000 0.25 2,500 §578.103(a)(5) Documenting imminent threat of harm 200 1 200 0.5 100 §578.103(a)(7) Documenting program participant records 350,000 6 2,100,000 0.25 525,000 §578.103(a)(7)Documenting case management 8,000 12 96,000 1.0 96,000 §578.103(a)(13)Documenting faith-based activities 8,000 1 8,000 1.0 8,000 §578.103(b)Confidentiality procedures 11,500 1 11,500 1.0 11,500 §578.105(a)Grant/project changes-UFAs 20 2 40 2.0 80 §578.105(b)Grant/project changes-multiple project appli- cants 800 1 800 2.0 1,600 Total 1,921,710.5 Packet Page -1814- 9/10/2013 16.F.1 . 45442 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations In accordance with 5 CFR programs-housing and community 578.87 Limitation on use of funds. 578.89 Limitation on use of grant funds to 1320.8(d)(1),HUD is soliciting development,Supportive services. serve persons defined as homeless under comments from members of the public Accordingly,for the reasons described other federal laws. and affected agencies concerning this in the preamble,HUD adds part 578 to 578.91 Termination of assistance to collection of information to: subchapter C of chapter V of subtitle B program participants. (1)Evaluate whether the proposed of 24 CFR to read as follows: 578.93 Fair Housing and Equal • collection of information is necessary Opportunity. for the proper performance of the " PART 578-CONTINUUM OF CARE 578.95 Conflicts of interest. functions HUD,including whether the PROGRAM 578.97 Program income. g w 578.99 Applicability of other federal information will have practical utility; Subpart A-General Provisions requirements. (2)Evaluate the accuracy of HUD's Sec. Subpart G-Grant Administration estimate of the burden of the proposed 578.1 Purpose and scope. collection of information; 578.3 Definitions. 578.101 Technical assistance. (3)Enhance the quality,utility,and 578.103 Recordkeeping requirements. clarity of the information to be Subpart B-Establishing and Operating a 578.105 Grant and project changes. Continuum of Care 578.107 Sanctions. collected; and 578.109 Closeout. (4)Minimize the burden of the 578.5 Establishing the Continuum of Care. collection of information on those who 578.7 Responsibilities of the Continuum of Authority:42 U.S.C.11371 of seq.,42 are to respond,including through the 9 P' g U.S.C.3535(d). P g � 578.9 Preparing an application for funds• use of appropriate automated collection 578.11 Unified Funding Agency. Subpart A-General Provisions techniques or other forms of information 578.13 Remedial action. technology;e.g.,permitting electronic §578.1 Purpose and scope. Subart submission of responses. process C-Application and Grant Award (a)The Continuum of Care program is Interested persons are invited to authorized by subtitle C of title N of the submit comments regarding the 578.15 Eligible applicants. McKinney-Vento Homeless Assistance information collection requirements in 578,17 Overview of application and grant Act(42 U.S.C. 11381-11389). q award process. (b)The program is designed to: this rule.Comments must refer to the 578.19 Application process. (1)The program ra mis designed proposal by name and docket number 578.21 Awarding funds. commitment to the goal of ending (FR-5476-I-01)and be sent to:HUD 578.23 Executing grant agreements. c ommitmenss; Desk Officer,Office of Management and 578.25 Site control, (2)Provide funding for efforts b Budget,New Executive Office Building, 578.27 Consolidated plan, O g by Washington,DC 20503,Fax:(202)395- 578.29 Subsidy layering. nonprofit providers,States,and local 578.31 Environmental review. governments to quickly rehouse 6947,and Reports Liaison Officer, Office of the Assistant Secretary for 578.33 Renewals. homeless individuals(including 578.35 Appeal. unaccompanied youth)and families, Community Planning and Development, • Department of Housing and Urban Subpart D-Program Components and while minimizing the trauma and Development,451 Seventh Street SW., Eligible Costs dislocation caused to homeless Room 7233,Washington,DC 20410- 578.37 Program components and uses of individuals,families,and communities 7000. assistance. by homelessness; Interested persons may submit 578.39 Continuum of Care planning (3)Promote access to and effective comments regarding the information activities. a utilization of mainstream programs by g g 578.41 Unified Funding Agency costs. homeless individuals and families;and collection requirements electronically 573.43 Acquisition. (4)Optimize self-sufficiency among through the Federal eRulemaking Portal 578.45 Rehabilitation. individuals and families experiencing • at http://www.regulations.gov.HUD 578.47 New construction. homelessness. strongly encourages commenters to 578.49 Leasing. submit comments electronically. 578.51 Rental assistance. §578.3 Definitions. 578.53 Supportive services. As used in this part: Electronic submission of comments P allows the commenter maximum time to 578.55 Operating costs. Act means the McKinney-Vento 578.57 Homeless Management Information Homeless Assistance Act as amended prepare and submit a comment,ensures System. timely receipt by HUD,and enables 578.59 Project administrative costs. (42 U.S.C.11371 et seq.). HUD to make them immediately 578.61 Relocation costs. Annual renewal amount means the available to the public.Comments 578.63 Indirect costs. amount that a grant can be awarded on submitted electronically through the annual basis when renewed.It Subpart£--High-Performing Communities http://www.regulations.gov Web site can includes funds only for those eligible be viewed by other commenters and 578.65 Standards. activities(operating,supportive 578.67 Publication of application. services,leasing,rental assistance, interested members of the public. 578.69 Cooperation among entities. Commenters should follow the 578.71 I-IPC-eligible activities. HMIS,and administration)that were instructions provided on that site to funded in the original grant(or the submit comments electronically. Subpart F-Program Requirements original grant as amended),less the Subjects in 24 CFR Part 578 578.73 Matching requirements. unrenewable activities(acquisition,new List of Sub 1 578.75 General operations. construction,rehabilitation,and any Community facilities,Continuum of 578.77 Calculating occupancy charges and administrative costs related to these Care,Emergency solutions grants,Grant rent. activities). and community 578.79 Limitation on transitional housing. Applicant means an eligible applicant programs-housing y 578.81 Term of commitment,repayment of development, Grant program-social grants,and prevention of undue benefits. that has been designated by the programs,Homeless,Rural housing, 598.83 Displacement,relocation,and Continuum of Care to apply for Reporting and recordkeeping acquisition. assistance under this part on behalf of requirements, Supportive housing 578.85 T'- -1:^°°° ^^'4'°A. that Continuum. Packet Page-1815- . 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45443 At risk of homelessness. (1)An section,but qualifies as"homeless" part and that is composed of individual or family who under section 725(2) of the McKinney- representatives of organizations, (i)Has an annual income below 30 Vento Homeless Assistance Act(42 including nonprofit homeless providers, percent of median family income for the U.S.C. 11434a(2)),and the parent(s)or victim service providers,faith-based area,as determined by HUD; guardian(s)of that child or youth if organizations,governments,businesses, (ii)Does not have sufficient resources living with her or him. advocates,public housing agencies, or support networks, e.g.,family, Centralized or coordinated school districts,social service providers, friends,faith-based or other social assessment system means a centralized mental health agencies,hospitals, networks,immediately available to or coordinated process designed to universities,affordable housing prevent them from moving to an coordinate program participant intake developers,law enforcement, emergency shelter or another place assessment and provision of referrals.A organizations that serve homeless and described in paragraph(1)of the centralized or coordinated assessment formerly homeless veterans,and "Homeless"definition in this section; system covers the geographic area,is homeless and formerly homeless and easily accessed by individuals and persons to the extent these groups are (iii)Meets one of the following families seeking housing or services,is represented within the geographic area conditions: well advertized,and includes a and are available to participate. (A)Has moved because of economic comprehensive and standardized Developmental disability means,as reasons two or more times during the 60 assessment tool. defined in section 102 of the days immediately preceding the Chronically homeless. (1)An Developmental Disabilities Assistance application for homelessness prevention individual who: and Bill of Rights Act of 2000 (42 U.S.C. assistance; (i)Is homeless and lives in a place not 15002): (B)Is living in the home of another meant for human habitation,a safe (1)A severe,chronic disability of an because of economic hardship; haven,or in an emergency shelter;and individual that— (C)Has been notified in writing that (ii)Has been homeless and living or (i)Is attributable to a mental or their right to occupy their current residing in a place not meant for human physical impairment or combination of housing or living situation will be habitation,a safe haven,or in an mental and physical impairments; terminated within 21 days of the date of emergency shelter continuously for at (ii)Is manifested before the individual application for assistance; least one year or on at least four separate attains age 22; [D)Lives in a hotel or motel and the occasions in the last 3 years;and (iii)Is likely to continue indefinitely; cost of the hotel or motel stay is not paid (iii)Can be diagnosed with one or (iv)Results in substantial functional by charitable organizations or by more of the following conditions: limitations in three or more of the federal,State,or local government substance use disorder,serious mental following areas of major life activity: programs for low-income individuals; illness,developmental disability(as (A) Self-care; (E)Lives in a single-room occupancy defined in section 102 of the • (B)Receptive and expressive or efficiency apartment unit in which Developmental Disabilities Assistance language; there reside more than two persons,or Bill of Rights Act of 2000(42 U.S.C. (C)Learning; lives in a larger housing unit in which 15002)),post-traumatic stress disorder, (D)Mobility; there reside more than 1.5 people per cognitive impairments resulting from (E) Self-direction; room,as defined by the U.S.Census brain injury,or chronic physical illness (F)Capacity for independent living; Bureau; or disability; (G)Economic self-sufficiency. (F)Is exiting a publicly funded (2)An individual who has been (v)Reflects the individual's need for institution, or system of care(such as a residing in an institutional care facility, a combination and sequence of special, health-care facility,a mental health including a jail,substance abuse or interdisciplinary,or generic services, facility,foster care or other youth mental health treatment facility, individualized supports,or other forms facility,or correction program or hospital, or other similar facility,for of assistance that are of lifelong or institution); or fewer than 90 days and met all of the extended duration and are individually (G)Otherwise lives in housing that criteria in paragraph(1)of this planned and coordinated. has characteristics associated with definition,before entering that facility; (2)An individual from birth to age 9, instability and an increased risk of or inclusive,who has a substantial homelessness,as identified in the (3)A family with an adult head of developmental delay or specific recipient's approved consolidated plan; household(or if there is no adult in the congenital or acquired condition,may (2)A child or youth who does not family,a minor head of household)who be considered to have a developmental qualify as"homeless"under this meets all of the criteria in paragraph(1) disability without meeting three or more section,but qualifies as"homeless" of this definition,including a family of the criteria described in paragraphs under section 387(3)of the Runaway whose composition has fluctuated while (1)(i)through(v) of the definition of and Homeless Youth Act(42 U.S.C. the head of household has been "developmental disability"in this 5732a(3)),section 637(11)of the Head homeless. section if the individual,without Start Act(42 U.S.C. 9832(11)),section Collaborative applicant means the services and supports,has a high 41403(6)of the Violence Against eligible applicant that has been probability of meeting these criteria Women Act of 1994(42 U.S.C. 14043e– designated by the Continuum of Care to later in life, 2(6)),section 330(h)(5)(A)of the Public apply for a grant for Continuum of Care Eligible applicant means a private Health Service Act(42 U.S.C. planning funds under this part on behalf nonprofit organization,State,local 254b(h)(5)(A)),section 3(m)of the Food of the Continuum. government,or instrumentality of State and Nutrition Act of 2008(7 U.S.C. Consolidated plan means the HUD- and local government. 2012(m)),or section 17(b)(15) of the approved plan developed in accordance Emergency shelter is defined in 24 Child Nutrition Act of 1966(42 U.S.C. with 24 CFR 91. CFR part 576. 1786(b)(15));or . Continuum of Care and Continuum Emergency Solutions Grants(ESG) (3)A child or youth who does not means the group organized to carry out means the grants provided under 24 qualify as"homeless"under this the responsibilities required under this CFR part 576. Packet Page -1816- 9/10/2013 16.F.1 . 45444 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations Fair Market Rent(FMR)means the (ii)Have not had a lease,ownership Point-in-time count means a count of Fair Market Rents published in the interest,or occupancy agreement in sheltered and unsheltered homeless Federal Register annually by HUD. permanent housing at any time during persons carried out on one night in the , High-performing community(HPC) the 60 days immediately preceding the last 10 calendar days of January or at means a Continuum of Care that meets date of application for homeless such other time as required by HUD. the standards in subpart E of this part assistance; Private nonprofit organization means and has been designated as a high- (iii)Have experienced persistent an organization: performing community by HUD. instability as measured by two moves or (1)No part of the net earnings of Homeless means: more during the 60-day period which inure to the benefit of any (1)An individual or family who lacks immediately preceding the data of member,founder,contributor,or a fixed,regular,and adequate nighttime applying for homeless assistance;and individual; residence,meaning: (iv)Can be expected to continue in (2)That has a voluntary board; (1)An individual or family with a such status for an extended period of system That at has operated in accordance accounting primary nighttime residence that is a time because of chronic disabilities; y P ublic or private place not designed for chronic physical health or mental health with generally accepted accounting P P P g conditions;substance addiction; principles,or has designated a fiscal or ommo at used for human beings,sleeping accommodation for human beings, histories of domestic violence or agent that will maintain a functioning including a car,park,abandoned childhood abuse(including neglect);the accounting system for the organization building,bus or train station,airport,or presence of a child or youth with a in accordance with generally accepted camping ground; disability;or two or more barriers to accounting.principles;and (ii)An individual or family living in employment,which include the lack of in(4))That provision practices ce of assistance.nondiscrimination a supervised publicly or privately a high school degree or General p p y p y A private nonprofit organization does operated shelter designated to provide Education Development(GED), P illiteracy,low English proficiency,a not include governmental organizations, temporary congregate living arrangements such as public housing agencies. (including congregate shelters, history of incarceration or detention for P g g criminal activity,and a history of Program participant means an motels housing,and hotels and unstable employment;or individual(including an organs paid for by federal, (4)Any individual or family who: unaccompanied youth)or family who is organizations or by federal,State,or (1)Is fleeing,or is attempting to flee, assisted with Continuum of Care local government programs for low- domestic violence,dating violence, program funds. income individuals);or sexual assault,stalking,or other Project means a group of eligible (iii)An individual who is exiting an dangerous or life-threatening conditions activities,such as HMIS costs,identified institution where he or she resided for as a project in an application to HUD for 90 days or less and who resided in an that relate to violence against the Continuum of Care funds and includes emergency shelter,or place not meant individual or a family member, including a child,that has either taken a structure(or structures)that is(are) for human habitation immediately place within the individual's or family's acquired,rehabilitated,constructed,or before entering that institution; primary nighttime residence or has leased with assistance provided under (2)An individual or family who will made the individual or family afraid to this part or with respect to which HUD imminently lose their primary nighttime return to their primary nighttime provides rental assistance or annual residence,provided that: residence; payments for operating costs,or (i)The primary nighttime residence (ii)Has no other residence;and supportive services under this subtitle. will be lost within 14 days of the date (iii)Lacks the resources or support Recipient means an applicant that of application for homeless assistance; networks,e.g.,family,friends,and faith- signs a grant agreement with HUD. (ii)No subsequent residence has been based or other social networks,to obtain Safe haven means,for the purpose of identified;and other permanent housing. defining chronically homeless, (iii)The individual or family lacks the Homeless Management Information supportive housing that meets the resources or support networks,e.g., System(HlvIIS)means the information following: family,friends, faith-based or other system designated by the Continuum of (1)Serves hard to reach homeless social networks,needed to obtain other Care to comply with the HMIS persons with severe mental illness who permanent housing; requirements prescribed by HUD. came from the streets and have been (3)Unaccompanied youth under 25 HMIS Lead means the entity unwilling or unable to participate in years of age, or families with children designated by the Continuum of Care in supportive services; and youth,who do not otherwise accordance with this part to operate the (2)Provides 24-hour residence for qualify as homeless under this Continuum's HMIS on its behalf. eligible persons for an unspecified definition,but who: Permanent housing means period; (i)Are defined as homeless under community-based housing without a (3)Has an overnight capacity limited • section 387 of the Runaway and designated length of stay,and includes to 25 or fewer persons;and Homeless Youth Act(42 U.S.G.5732a), both permanent supportive housing and (4)Provides low-demand services and section 637 of the Head Start Act(42 rapid rehousing.To be permanent referrals for the residents. U.S.C. 9832),section 41403 of the housing,the program participant must State means each of the 50 States,the Violence Against Women Act of 1994 be the tenant on a lease for a term of at District of Columbia,the (42 U.S.C. 14043e-2),section 330(h) of least one year,which is renewable for Commonwealth of Puerto Rico, the Public Health Service Act(42 U.S.C. terms that are a minimum of one month American Samoa,Guam,the 254b(h)),section 3 of the Food and long,and is terminable only for cause. Commonwealth of the Northern' Nutrition Act of 2008(7 U.S.C. 2012), Permanent supportive housing means Marianas,and the Virgin Islands. section 17(b) of the Child Nutrition Act permanent housing in which supportive Subrecipient means a private of 1966 (42 U.S.C. 1786(b)),or section services are provided to assist homeless nonprofit organization,State,Iocal 725 of the McKinney-Vento Homeless rodos ith a disability to live go lernl ent,or instrumentality t te of State e Assistance Act(42 U.S.C. 11434a); P Packet Page-1817- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45445 subgrant from the recipient to carry out to comply with the requirements of Continuum of Care assistance.At a a project. paragraph (b)of this section. minimum,these written standards must Transitional housing means housing, include: §578.7 Responsibilities of the Continuum where all program participants have (i)Policies and procedures for signed a lease or occupancy agreement, of Care. evaluating individuals'and families' the purpose of which is to facilitate the (a) Operate the Continuum of Care. eligibility for assistance under this part; movement of homeless individuals and The Continuum of Care must: (ii)Policies and procedures for families into permanent housing within (1)Hold meetings of the full determining and prioritizing which 24 months or such longer period as membership,with published agendas,at eligible individuals and families will HUD determines necessa The least semi-annually; receive transitional housing assistance; program participant mu for have a lease (2)Make an invitation for new m (iii)Policies and procedures for or occupancy agre participant mu for a term of at members to join publicly available determining and prioritizing which least one month that ends in 24 months within the geographic at least annually; eligible individuals and families will (3)Adopt and follow a written and cannot be extended. receive rapid rehousing assistance; Unified Funding Agency(UFA)means process to select a board to act on behalf (iv)Standards for determining what of the Continuum of Care.The process or amount of rent each an eligible applicant selected by the must be reviewed,updated,and percentage Continuum of Care to apply for grant p program participant must pay while pp y g approved by the Continuum at least receiving rapid rehousing assistance; for the entire Continuum,which has the once every 5 years; g P g capacity to carry out the duties in (v)Policies and procedures for (4)Appoint additional committees, determining and prioritizing which §578.11(b),which is approved by HUD subcommittees,or workgroups; eligible individuals and families will and to which HUD awards a grant. (5)In consultation with the Victim service provider means a assistance;permanent supportive housing P collaborative applicant and the HMIS assistance;and private nonprofit organization whose Lead,develop,follow,and update (vi)Where the Continuum is primary mission is to provide services annually a governance charter,which designated a high-performing to victims of domestic violence, dating will include all procedures and policies community,as described in subpart G of violence,sexual assault,or stalking. needed to comply with subpart B of this this part,policies and procedures set This term includes rape crisis centers, part and with HMIS requirements as forth in 24 CFR 576.400(e)(3)(vi), battered women's shelters,domestic prescribed by HUD;and a code of (e)(3)(vii), (e)(3)(viii.),and(e)(3)(ix). violence transitional housing programs, conduct and recusal process for the (b)Designating and operating an and other programs. board,its chair(s),and any person acting HMIS.The Continuum of Care must: on behalf of the board; (1)Designate a single Homeless Subpart B—Establishing and ' g Operating a Continuum of Care (6)Consult with recipients and Management Information System subrecipients to establish performance (HMIS)for the geographic area; §578.5 Establishing the Continuum of targets appropriate for population and (2)Designate an eligible applicant to Care. program type,monitor recipient and manage the Continuum's HMIS,which (a) The Continuum of Care. subrecipient performance,evaluate will be known as the HMIS Lead; Representatives from relevant outcomes,and take action against poor (3)Review,revise,and approve a organizations within a geographic area performers; privacy plan,security plan,and data organizations izatio establish a Continuum of Care for (7)Evaluate outcomes of projects quality plan for the HMIS. the geographic area to carry out the funded under the Emergency Solutions (4)Ensure consistent participation of duties of this part.Relevant Grants program and the Continuum of recipients and subrecipients in the organizations include nonprofit Care program,and report to HUD; HMIS;and homeless assistance providers,victim (8)In consultation with recipients of (5)Ensure the HMIS is administered service providers,faith based Emergency Solutions Grants program in compliance with requirements funds within the geographic area, prescribed by HUD. organizations,governments,businesses, establish and operate either a (c) Continuum of Care planning.The advocates,public housing agencies, f C P annin& school districts,social service providers, centralized or coordinated assessment Continuum must develop a plan that system that provides an initial, includes: mental health agencies,hospitals, comprehensive assessment of the needs universities,affordable housing P (1)Coordinating the implementation developers,law enforcement,and of individuals and families for housing of a housing and service system within deve oilers,law wat enforcement, veterans and and services.The Continuum must its geographic area that meets the needs homeless and formerly homeless develop a specific policy to guide the of the homeless individuals(including individuals. operation of the centralized or unaccompanied youth)and families,At (b) The board.The Continuum of Care coordinated assessment system on how a minimum,such system encompasses must (b) ehebloa a board Continuum in u on behalf Care its system will address the needs of the following: the Continuum and the process individuals and families who are (i)Outreach,engagement,and of using P fleeing,or attempting to flee,domestic assessment; established as a requirement by violence,dating violence,sexual (ii)Shelter,housing,and supportive §578.7(a)(3)and must comply with the assault,or stalking,but who are seeking services; conflict-of-interest requirements at shelter or services from nonvictim (iii)Prevention strategies. §578.95(b). The board must: service providers.This system must (2)Planning for and conducting,at (1)Be representative of the relevant comply with any requirements least biennially,a point-in-time count of organizations and of projects serving established by HUD by Notice. homeless persons within the geographic homeless subpopulations;and (9)In consultation with recipients of area that meets the following (2)Include at least one homeless or Emergency Solutions Grants program requirements: formerly homeless individual. funds within the geographic area, (i)Homeless persons who are living in (c) Transition.Continuums of Care establish and consistently follow a place not designed or ordinarily used shall have 2 years after August 30,2012 written standards for providing as a regular sleeping accommodation for Packet Page -1818- 9/10/2013 16.F.1 . 45446 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations humans must be counted as unsheltered §578.11 Unified Funding Agency. collaborative applicant and give them homeless persons. (a)Becoming a Unified Funding an opportunity to respond. (ii)Persons living in emergency Agency.To become designated as the Subpart C—Application and Grant shelters and transitional housing Unified Funding Agency(UFA) Subp FA)for a Subpa Process projects must be counted as sheltered Continuum,a collaborative applicant homeless persons. must be selected by the Continuum to §578.15 Eligible applicants. (iii)Other requirements established apply to HUD to be designated as the (a) Who may apply.Nonprofit by HUD by Notice. UFA for the Continuum. organizations,States,local governments, (3)Conducting an annual gaps (b)Criteria for designating a UFA. and instrumentalities of State or local analysis of the homeless needs and HUD will consider these criteria when governments are eligible to apply for services available within the geographic deciding whether to designate a rants, area; collaborative applicant a UFA; g (b)Designation by the Continuum of (4)Providing information required to (1)The Continuum of Care it Cure.Eligible applicant(s)must have complete the Consolidated Plan(s) represents meets the requirements in been designated by the Continuum of within the Continuum's geographic §578.7; Care to submit an application for grant area; (2)The collaborative applicant has funds under this part.The designation (5)Consulting with State and local financial management systems that meet must state whether the Continuum is government Emergency Solutions the standards set forth in 24 CFR 84.21 designating more than one applicant to Grants program recipients within the (for nonprofit organizations)and 24 CFR apply for funds and,if it is,which Continuum's geographic area on the 85.20 (for States); applicant is being designated as the plan for allocating Emergency Solutions (3)The collaborative applicant collaborative applicant.If the Grants program funds and reporting on demonstrates the ability to monitor Continuum is designating only one and evaluating the performance of subrecipients;and applicant to apply for funds,the Emergency Solutions Grants program (4)Such other criteria as HUD may Continuum must designate that recipients and subrecipients. establish by NOFA. applicant to be the collaborative (c)Requirements.HUD-designated applicant. §578.9 Preparing an application for funds. UFAs shall: (c)Exclusion.For-profit entities are (a)The Continuum must: (1)Apply to HUD for funding for all not eligible to apply for grants or to be (1)Design,operate,and follow a of the projects within the geographic subrecipients of grant funds. collaborative process for the area and enter into a grant agreement development of applications and with HUD for the entire geographic area. §578.17 Overview of application and grant approve the submission of applications (2)Enter into legally binding award process. in response to a NOFA published by agreements with subrecipients,and (a)Formula.(1)After enactment of the HUD under§578.19 of this subpart; receive and distribute funds to annual appropriations act for each fiscal (2)Establish priorities for funding subrecipients for all projects within the year,and issuance of the NOFA,HUD projects in the geographic area; geographic area. will publish,on its Web site,the (3)Determine if one application for (3)Require subrecipients to establish Preliminary Pro Rata Need (PPRN) funding will be submitted for all fiscal control and accounting assigned to metropolitan cities,urban projects within the geographic area or if procedures as necessary to assure the counties,and all other counties. more than one application will be proper disbursal of and accounting for (2)HUD will apply the formula used submitted for the projects within the federal funds in accordance with the to determine PPRN established in geographic area; requirements of 24 CFR parts 84 and 85 paragraph(a)(3)of this section,to the (i)If more than one application will and corresponding OMB circulars. amount of funds being made available be submitted, designate an eligible (4)Obtain approval of any proposed under the NOFA.That amount is applicant to be the collaborative grant agreement amendments by the calculated by: applicant that will collect and combine Continuum of Care before submitting a (i)Determining the total amount for the required application information request for an amendment to HUD. the Continuum of Care competition in from all applicants and for all projects accordance with section 413 of the Act within the geographic area that the §578.13 Remedial action. or as otherwise directed by the annual Continuum has selected funding.The (a)If HUD finds that the Continuum appropriations act; . collaborative applicant will also apply of Care for a geographic area does not (ii)From the amount in paragraph for Continuum of Care planning meet the requirements of the Act or its (a)(2)(i)of this section,deducting the activities.If the Continuum is an implementing regulations,or that there amount published in the NOFA as being eligible applicant,it may designate is no Continuum for a geographic area, set aside to provide a bonus to itself; HUD may take remedial action to ensure geographic areas for activities that have (ii)If only one application will be fair distribution of grant funds within proven to be effective in reducing submitted,that applicant will be the the geographic area.Such measures may homelessness generally or for specific collaborative applicant and will collect include: subpopulations listed in the NOFA or and combine the required application (1)Designating a replacement achieving homeless prevention and information from all projects within the Continuum of Care for the geographic independent living goals established in geographic area that the Continuum has area; the NOFA and to meet policy priorities selected for funding and apply for (2)Designating a replacement set in the NOFA;and Continuum of Care planning activities; collaborative applicant for the (iii)Deducting the amount of funding (b)The Continuum retains all of its Continuum's geographic area;and necessary for Continuum of Care responsibilities,even if it designates one (3)Accepting applications from other planning activities and UFA costs. or more eligible applicants other than eligible applicants within the (3)PPRN is calculated on the amount itself to apply for funds on behalf of the Continuum's geographic area. determined under paragraph(a)(2)of Continuum. This includes approving (b)HUD must provide a 30-day prior this section by using the following the Continuum of Care application. written ne"---+^*w^r'^-1-4---"' and its formula: Packet Page-1819- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45447 (i)Two percent will be allocated is the base for the maximum award months in the case of funds for ,.g,,,. among the four insular areas(American amount for the Continuum. acquisition,rehabilitation,or new Samoa,Guam,the Commonwealth of (4)Establishing the maximum award construction.The 12-month deadline the Northern Marianas,and the Virgin amount.The maximum award amount may be extended by HUD for up to 12 Islands)on the basis of the ratio of the for the Continuum is the FPRN amount additional months upon a showing of population of each insular area to the plus any additional eligible amounts for compelling reasons for delay due to population of all insular areas. Continuum planning;UFA costs; factors beyond the control of the (ii)Seventy-five percent of the adjustments to leasing,operating and recipient or subrecipient. remaining amount will be allocated, rental assistance line items based on using the Community Development changes to FMR;and available bonuses. g 578.23 Executing grant agreements. Block Grant(CDBG)formula,to (a)Deadline.No later than 45 days metropolitan cities and urban counties 8578.19 Application process. from the date when all conditions are that have been funded under either the (a)Notice of Funding Availability satisfied,the recipient and HUD must Emergency Shelter Grants or Emergency After enactment of the annual execute the grant agreement. Solutions Grants programs in any one appropriations act for the fiscal year, (b) Grant agreements.(1)Multiple year since 2004. HUD will issue a NOFA in accordance applicants for one Continuum.If a (iii)The amount remaining after the with the requirements of 24 CFR part 4. Continuum designates more than one allocation under paragraphs(a)(1) and (b)Applications.All applications to applicant for the geographic area,HUD (2)of this section will be allocated, HUD,including applications for grant will enter into a grant agreement with using the CDBG formula,to funds and requests for designation as a each designated applicant for which an metropolitan cities and urban counties UFA or HPC,must be submitted at such award is announced. that have not been funded under the time and in such manner as HUD may (2) One applicant for a Continuum.If Emergency Solutions Grants program in require,and contain such information as a Continuum designates only one any year since 2004 and all other HUD determines necessary.At a applicant for the geographic area,after counties in the United States and Puerto minimum,an application for grant awarding funds,HUD may enter into a Rico. funds must contain a list of the projects grant agreement with that applicant for (4)If the calculation in paragraph for which it is applying for funds;a new awards,if any,and one grant (a)(2)of this section results in an description of the projects;a list of the agreement for renewals,Continuum of amount less than the amount required to projects that will be carried out by Care planning,and UFA costs,if any. renew all projects eligible for renewal in subrecipients and the names of the These two grants will cover the entire that year for at least one year,after subrecipients;a description of the geographic area.A default by the making adjustments proportional to subpopulations of homeless or at risk of recipient under one of those grant increases in fair market rents for the homelessness to be served by projects; agreements will also be a default under Awfok geographic area for leasing,operating, the number of units to be provided and/ the other. and rental assistance for permanent or the number of persons to be served (3) Unified Funding Agencies.If a housing,HUD will reduce, by each project;a budget request by Continuum is a UFA that HUD has proportionately,the total amount project;and reasonable assurances that approved,then HUD will enter into one required to renew all projects eligible the applicant,or the subrecipient,will grant agreement with the UFA for new for renewal in that year for at least one own or have control of a site for the awards,if any,and one grant agreement year,for each Continuum of Care.HUD proposed project not later than the for renewals,Continuum of Care will publish,via the NOFA,the total expiration of the 12-month period planning and UFA costs,if any.These dollar amount that every Continuum beginning upon notification of an award two grants will cover the entire will be required to deduct from renewal for grant assistance. projects Continuum-wide. geographic area.A default by the UFA (b) Calculating a Continuum of Care's 8578.21 Awarding funds. under one of those grant agreements maximum award amount. (1)Establish (a) Selection.HUD will review will also be a default under the other. the PPRN amount.First,HUD will total applications in accordance with the (c)Required agreements.Recipients the PPRN amounts for each guidelines and procedures provided in will be required to sign a grant metropolitan city,urban county,other the NOFA and will award funds to agreement in which the recipient agrees: county,and insular area claimed by the recipients through a national (1)To ensure the operation of the Continuum as part of its geographic competition based on selection criteria projects)in accordance with the area, excluding any counties applying as defined in section 427 of the Act. provisions of the McKinney-Veto Act for or receiving funding from the Rural (b)Announcement of awards.HUD and all requirements under 24 CFR part Housing Stability Assistance program will announce awards and notify 578; under 24 CFR part 579. selected applicants of any conditions (2)To monitor and report the progress (2)Establishing renewal demand. imposed on awards.Conditions must be of the project(s)to the Continuum of Next,HUD will determine the renewal satisfied before HUD will execute a Care and HUD; demand within the Continuum's grant agreement with the applicant. (3)To ensure,to the maximum extent geographic area. Renewal demand is the (c)Satisfying conditions.HUD will practicable,that individuals and sum of the annual renewal amounts of withdraw an award if the applicant does families experiencing homelessness are all projects within the Continuum not satisfy all conditions imposed on it. involved,through employment, eligible to apply for renewal in that Correcting all issues and conditions provision of volunteer services, or fiscal year's competition,before any attached to an award must be completed otherwise,in constructing, adjustments to rental assistance,leasing, within the time frame established in the rehabilitating,maintaining,and and operating line items based on FMR NOFA.Proof of site control,match, operating facilities for the project and in changes. environmental review,and the providing supportive services for the (3)Establishing FPRN.The higher of documentation of financial feasibility project; PPRN or renewal demand for the must be completed within 12 months of (4)To require certification from all Continuum of Care is the FPRN,which the announcement of the award,or 24 subrecipients that: Packet Page -1820- 9/10/2013 16.F.1 . 45448 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (i)Subrecipients will maintain the meets HUD's minimum requirements ensure that the project is operated in confidentiality of records pertaining to and the victim service provider uses compliance with law and regulation for any individual or family that was that system instead; • 15 years from the date of initial provided family violence prevention or (10)To follow the written standards occupancy or initial service provision. treatment services through the project; for providing Continuum of Care The partnership or corporation must (ii)The address or Iocation of any assistance developed by the Continuum own the project site throughout the 15- family violence project assisted under of Care,including the minimum year period.If grant funds were not used this part will not be made public,except requirements set forth in§578.7(a)(9); for acquisition,rehabilitation,or new with written authorization of the person (11)Enter into subrecipient construction,then the recipient or responsible for the operation of such agreements requiring subrecipients to subrecipient must maintain control for project; operate the project(s)in accordance the term of the grant agreement and any (iii)Subrecipients will establish with the provisions of this Act and all renewals thereof, policies and practices that are consistent requirements under 24 CFR part 578; §578.27 Consolidated plan. with,and do not restrict,the exercise of and rights provided by subtitle B of title VII (12)To comply with such other terms (a)States or units of general local of the Act and other laws relating to the and conditions as HUD may establish by government.An applicant that is a State provision of educational and related NOFA. or a unit of general local government services to individuals and families must have a HUD-approved,complete experiencing homelessness; §578.25 Site control. or abbreviated,consolidated plan in (iv)In the case of projects that provide (a)In general.When grant funds will accordance with 24 CFR part 91.The housing or services to families,that be used for acquisition,rehabilitation, applicant must submit a certification subrecipients will designate a staff new construction,operating costs,or to that the application for funding is person to be responsible for ensuring provide supportive services,the consistent with the HUD-approved that children being served in the recipient or subrecipient must consolidated plan(s)for the program are enrolled in school and demonstrate that it has site control jurisdiction(s)in which the proposed connected to appropriate services in the within the time frame established in project will be located.Funded community,including early childhood . section§578.21 before HUD will applicants must certify in a grant programs such as Head Start,part C of execute a grant agreement.This agreement that they are following the the Individuals with Disabilities requirement does not apply to funds HUD-approved consolidated plan. Education Act,and programs authorized used for housing that will eventually be (b)Other applicants.Applicants that under subtitle B of title VII of the Act; owned or controlled by the individuals are not States or units of general local (v)The subrecipient,its officers,and or families served or for supportive government must submit a certification employees are not debarred or services provided at sites not operated by the jurisdiction(s)in which the suspended from doing business with the by the recipient or subrecipient. proposed project will be located that the Federal Government;and (b)Evidence.Acceptable evidence of applicant's application for funding is (vi)Subrecipients will provide site control is a deed or lease.If grant consistent with the jurisdiction's HUD- information,such as data and reports,as funds will be used for acquisition, approved consolidated plan.The required by HUD;and acceptable evidence of site control will certification must be made by the unit (5) To establish such fiscal control be a purchase agreement.The owner, of general local government or the State, and accounting procedures as may be lessee,and purchaser shown on these in accordance with the consistency necessary to assure the proper disbursal documents must be the selected certification provisions under 24 CFR of,and accounting for grant funds in applicant or intended subrecipient part 91,subpart F.If the jurisdiction order to ensure that all financial identified in the application for refuses to provide a certification of transactions are conducted,and records assistance. consistency,the applicant may appeal maintained in accordance with (c) Tax credit projects.(1)Applicants to HUD under§578.35. generally accepted accounting that plan to use the low-income housing (c) Timing of consolidated plan principles,if the recipient is a UFA; tax credit authorized under 26 U.S.C.42 certification submissions.The required (6)To monitor subrecipient match to finance a project must prove to HUD's certification that the application for and report on match to HUD; satisfaction that the applicant or funding is consistent with the HUD- (7)To take the educational needs of subrecipient identified in the approved consolidated plan must be children into account when families are application is in control of the limited submitted by the funding application placed in housing and will,to the partnership or limited liability submission deadline announced in the maximum extent practicable,place corporation that has a deed or lease for NOFA. families with children as close as the project site. possible to their school of origin so as (i)To have control of the limited §578.29 Subsidy layering. not to disrupt such children's partnership,the applicant or HUD may provide assistance under education; subrecipient must be the general partner this program only in accordance with (8)To monitor subrecipients at least of the limited partnership or have a 51 HUD subsidy layering requirements in annually; percent controlling interest in that section 102 of the Housing and Urban (9)To use the centralized or 'general partner. Development Reform Act of 1989(42 coordinated assessment system (ii)To have control of the limited U.S.C.3545)and 24 CFR part 4,subpart established by the Continuum of Care as liability company,the applicant or A.An applicant must submit set forth in§578.7(a)(8).A victim subrecipient must be the sole managing information in its application on other service provider may choose not to use member. sources of governmental assistance that the Continuum of Care's centralized or (2)If grant fluids are to be used for the applicant has received,or coordinated assessment system, acquisition,rehabilitation, or new reasonably expects to receive,for a provided that victim service providers construction,the recipient or proposed project or activities.HUD's in the area use a centralized or subrecipient must maintain control of review of this information is intended to coordinated assessment system that the partn---' ---- """ --id must prevent excessive public assistance for Packet Page-1821- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45449 proposed project or activities by (ii)Up to 100 percent of the amount §578.35 Appeal. combining(layering)assistance under for leasing and operating in the final (a) In general.Failure to follow the this program with other governmental year of the prior funding period procedures or meet the deadlines housing assistance from federal,State, adjusted in proportion to changes in the established in this section will result in or local agencies,including assistance FMR for the geographic area;and denial of the appeal. such as tax concessions or tax credits. (iii)For rental assistance,up to 100 (b)Solo applicants. (1) Who may §578.31 Environmental review. percent of the result of multiplying the appeal,Nonprofits,States,and local number and unit size(s)in the grant governments,and instrumentalities of (a)Activities under this part are agreement by the number of months in State or local governments that subject to environmental review by the renewal grant term and the attempted to participate in the HUD under 24 CFR part 50.The applicable FMR. Continuum of Care planning process in recipient or subrecipient shall supply (d)Review criteria. (1)Awards made the geographic area in which they all available,relevant information operate,that believe they were denied under title IV of the Act,as in effect necessary for HUD to perform,for each before August 30,2012 are eligible for the right to participate in a reasonable property, any environmental review renewal in the Continuum of Care manner,and that submitted a solo required by 24 CFR part 50.The program even if the awardees would not application for funding by the recipient or subrecipient must carry out be eligible for a new grant under the application deadline established in the mitigating measures required by HUD or NOFA,may appeal the decision of the select an alternate eligible property. Program,so long as they continue to Continuum to HUD. HUD may eliminate from consideration serve the same population and the same (2)Notice of intent to appeal.The any application that would require an number of persons or units in the same solo applicant must submit a written Environmental Impact Statement. type of housing as identified in their notice of intent to appeal,with a copy most recently amended grant agreement to the Continuum,with their funding (b) The recipient or subrecipient,its signed before August 30,2012.Grants app)project partners,and their contractors will be renewed if HUD receives a pp3)Deadline for submitting proof.No may not acquire,rehabilitate,convert, certification from the Continuum that later than 30 days after the date that lease,repair, dispose of, demolish,or there is a demonstrated need for the HUD announces the awards,the solo construct property for a project under project,and HUD finds that the project applicant shall submit in writing,with this part,or commit or expend HUD or complied with program requirements a copy to the Continuum,all relevant local funds for such eligible activities applicable before August 30,2012. For evidence supporting its claim,in such under this part,until HUD has purposes of meeting the requirements of manner as HUD may require by Notice. performed an environmental review this part,a project will continue to be (4)Response from the Continuum of under 24 CFR part 50 and the recipient administered in accordance with 24 Care.The Continuum shall have 30 days or subrecipient has received HUD CFR 582.330,if the project received from the date of its receipt of the solo approval of the property. funding under the Shelter Plus Care applicant's evidence to respond to HUD §578.33 Renewals. program,or 24 CFR 553.325,if the in writing and in such manner as HUD (a)In general.Awards made under project received funding under the may require,with a copy to the solo this part and title IV of the Act,as in Supportive Housing Program. applicant. effect before August 30,2012(the (2)Renewal of awards made after (5)Decision.HUD will notify the solo Supportive Housing Program and the August 30,2012.Review criteria for applicant and the Continuum of its Shelter Plus Care program),may be competitively awarded renewals made decision within 60 days of receipt of the renewed to continue ongoing leasing, after August 30,2012 will be described Continuum's response. operations,supportive services,rental applicant the NOFA. (6) not Funding. nds toot the solo assistance,HMIS,and administration (e) Unsuccessful projects.HUD may pp permitted beyond the initial funding period.To be renew a project that was eligible for participate in the Continuum of Care considered for funding,recipients must renewal in the competition and was part planning process in a reasonable submit a request in a form specified by of an application that was not funded manner,then HUD may award a grant HUD,must meet the requirements of despite having been submitted on time, to the solo applicant when funds next this part,and must submit the request in the manner required by HUD,and ecomuav available le and to may tamed the within the time frame established by containing the information required by I.D. HUD,upon a finding that the project steps to ensure reasonable participation (b)Length of renewal.HUD may meets the purposes of the Continuum of in the future.HUD may also reduce the f y Care program.The renewal will not award to the Continuum's applicant(s). award up to 3 years of funds for p g (c)Denied or decreased funding.(1) supportive services,leasing,HMIS,and exceed more than one year and will be Who may appeal.Eligible applicants operating costs.Renewals of tenant- under such conditions as HUD deems that are denied funds by HUD, or that based and sponsor-based rental appropriate. requested more funds than HUD assistance may be for up to one year of (f)Annual Performance Report awarded to them,may appeal the award rental assistance.Renewals of project- condition.HUD may terminate the by filing a written appeal,in such form based rental assistance may be for up to renewal of any grant and require the and manner as HUD may require by 15 years of rental assistance,subject to recipient to repay the renewal grant if: Notice,within 45 days of the date of availability of annual appropriations. (1)The recipient fails to timely HUD's announcement of the award. (c)Assistance available. (1) submit a HUD Annual Performance (2)Decision.HUD will notify the Assistance during each year of a Report(APR)for the grant year applicant of its decision on the appeal renewal period may be for: immediately prior to renewal;or within 60 days of HUD's receipt of the "', (i)Up to 100 percent of the amount (2)The recipient submits an APR that written appeal.HUD will reverse a for supportive services and HMIS costs HUD deems unacceptable or shows decision only when the applicant can in the final year of the prior funding noncompliance with the requirements show that HUD error caused the denial period; of the grant and this part. or decrease. Packet Page -1822- 9/10/2013 16.F.1 . 45450 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (3)Funding.Awards and increases to response.As part of its review,HUD a homeless individual or family,with or awards made upon appeal will be made will consider: without disabilities,move as quickly as from next available funds. (A)Whether the applicant submitted possible into permanent housing and (d) Competing Continuums of Care. the request to the appropriate political achieve stability in that housing.When (1)In general.If more than one jurisdiction;and providing short-term and/or medium- Continuum of Care claims the same (B)The reasonableness of the term rental assistance to program geographic area,IIUD will award funds jurisdiction's refusal to provide the participants,the rental assistance is to the Continuum applicant(s)whose certificate. subject to§578.51(a)(1),but not application(s)has the highest total (ii)If the jurisdiction did not provide §578.51(a)(1)(i)and(ii);(a)(2);(c)and score.No projects will be funded from written reasons for refusal,including (f)through(i);and(1)(1).These projects: the lower scoring Continuum.No the reasons why the project is not (A)Must follow the written policies projects that are submitted in two or consistent with the jurisdiction's and procedures established by the more competing Continuum of Care Consolidated Plan in its initial response Continuum of Care for determining and applications will be funded. to the applicant's request for a prioritizing which eligible families and (2) Who may appeal.The designated certification,HUD will find for the individuals will receive rapid rehousing applicant(s)for the lower scoring applicant without further inquiry or assistance,as well as the amount or Continuum may appeal HUD's decision response from the political jurisdiction. percentage of rent that each program to fund the application(s)from the participant must pay. competing Continuum by filing a Subpart D—Program Components and (B)May set a maximum amount or written appeal,in such form and Eligible Costs percentage of rental assistance that a manner as HUD may re uire b Notice, program participant may receive,a Y q Y §578.37 Program components and uses of maximum number of months that a within 45 days of the date of HUD's assistance. program participant may receive rental announcement of Uhe award. (a)Continuum of Care funds may be assistance,and/or a maximum number (3)Decision.HUD will notify the used to pay for the eligible costs listed applicant(s)of its decision on the appeal p Y g of times that a program participant may within 60 days of the date of HUD's in§578.39 through§578.63 when used receive rental assistance.The recipient receipt of the written appeal.HUD will to establish and operate projects under or subrecipient may also require reverse a decision only upon a showing five program components:permanent program participants to share in the by the applicant that HUD error caused housing;transitional housing; costs of rent.For the purposes of the denial. • supportive services only;HNIIS;and,in calculating rent for rapid rehousing,the (e) Consolidated plan certification.(1) some cases,homelessness prevention. rent shall equal the sum of the total In general.An applicant may appeal to Although grant funds maybe used by monthly rent for the unit and,if the HUD a jurisdiction's refusal to provide recipients and subrecipients in all tenant pays separately for utilities,the a certification of consistency with the components for the eligible costs of monthly allowance for utilities Consolidated Plan. contributing data to the HMIS (excluding telephone)established by the (2)Procedure.The applicant must designated by the Continuum of Care, public housing authority for the area in submit a written appeal with its only HMIS Leads may use grant funds which the housing is located. application to HUD and send a copy of for an HMIS component.Administrative (C)Limit rental assistance to no more the appeal to the jurisdiction that costs are eligible for all components.All than 24 months to a household. denied the certification of consistency. components are subject to the (D)May provide supportive services The appeal must include,at a restrictions on combining funds for for no longer than 6 months after rental minimum: certain eligible activities in a single assistance stops. (i)A copy of the applicant's request project found in§578.87(c).The eligible (E)Must re-evaluate,not less than to the jurisdiction for the certification of program components are: once annually,that the program consistency with the Consolidated Plan; (1)Permanent housing(PH). participant lacks sufficient resources (ii)A copy of the jurisdiction's Permanent housing is community-based and support networks necessary to response stating the reasons for denial, housing,the purpose of which is to retain housing without Continuum of including the reasons the proposed provide housing without a designated Care assistance and the types and project is not consistent with the length of stay. Grant funds may be used amounts of assistance that the program jurisdiction's Consolidated Plan in for acquisition,rehabilitation,new participant needs to retain housing.The accordance with 24 CFR 91.500(c);and construction,leasing,rental assistance, recipient or subrecipient may require (iii)A statement of the reasons why operating costs,and supportive services. each program participant receiving the applicant believes its project is PH includes: assistance to notify the recipient or consistent with the jurisdiction's (i)Permanent supportive housing for subrecipient of changes in the program Consolidated Plan. persons with disabilities(PSH).PSH can participant's income or other (3)Jurisdiction response.The only provide assistance to individuals circumstances (e.g.,changes in jurisdiction that refused to provide the with disabilities and families in which household composition)that affect the certification of consistency with the one adult or child has a disability. program participant's need for jurisdiction's Consolidated Plan shall Supportive services designed to meet assistance.When notified of a relevant have 10 days after receipt of a copy of the needs of the program participants change,the recipient or subrecipient the appeal to submit a written must be made available to the program must reevaluate the program explanation of the reasons originally participants. participant's eligibility and the amount given for refusing to provide the (ii)Rapid rehousing.Continuum of and types of assistance that the program certification and a written rebuttal to Care funds may provide supportive participant needs. any claims made by the applicant in the services,as set forth in§578.53,and/or (F)Require the program participant to appeal. short-term(up to 3 months)and/or meet with a case manager not less than (4)HUD review.(i)HUD will issue its medium-term(for 3 to 24 months) once per month to assist the program decision within 45 days of the date of tenant-based rental assistance,as set participant in ensuring long-term HUD's receipt of the jurisdiction's forth in§X79 �,r^1 °°^°^°"e'*°to help housing stability.The project is exempt Packet Page -1823- . 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45451 from this requirement if the Violence (7)Establish and operate an HMIS or (5)Participating in the consolidated Allik Against Women Act of 1994(42 U.S.C. comparable database;and plan(s) of the jurisdiction(s)in the 13925 et seq.)or the Family Violence (8)Establish and carry out a geographic area;and Prevention and Services Act(42 U.S.C. Continuum of Care planning process (6)Preparing and submitting an 10401 et seq.)prohibits the recipient and operate a Continuum of Care. application to HUD on behalf of the carrying out the project from making its (c)Multiple purposes.Structures used entire Continuum of Care membership, housing conditional on the participant's to provide housing,supportive housing, including conducting a sheltered and acceptance of services. supportive services, or as a facility for unsheltered point-in-time count and (2) Transitional Housing(TH). HMIS activities may also be used for other data collection as required by Transitional housing facilitates the other purposes.However,assistance HUD. movement of homeless individuals and under this part will be available only in (c)Monitoring costs.The costs of families to PH within 24 months of proportion to the use of the structure for monitoring recipients and subrecipients entering TH.Grant funds may be used supportive housing or supportive and enforcing compliance with program for acquisition,rehabilitation,new services.If eligible and ineligible requirements are eligible. construction,leasing,rental assistance, activities are carried out in separate §578.41 Unified Funding Agency costs. operating costs,and supportive services. portions of the same structure or in (a)In general. UFAs may use up to 3 (3)Supportive Service Only(SSO). separate structures,grant funds may not percent of their FPRN,or a maximum Funds may be used for acquisition, be used to pay for more than the actual amount to be established by the NOFA, rehabilitation,relocation costs,or cost of acquisition,construction,or y leasing of a facility from which whichever is less,for fiscal control and g Y rehabilitation of the portion of the accounting costs necessary to assure the supportive services will be provided, structure or structures used for eligible g y and supportive services in order to activities.If eligible and ineligible proper disbursal of,and accounting for, provide supportive services to activities are carried out in the same federal funds awarded to subrecipients unsheltered and sheltered homeless structure,the costs will be prorated under the Continuum of Care program. (b)persons for whom the recipient or based on the amount of time that the costs of ensuring urn.UFA costs include subrecipient is not providing housing or space is used for eligible versus costs of ensuring ehao all financial housing assistance. SSO includes street P g Continuum carried out under are g ineligible activities. Continuum of Care program are outreach. (4)HMIS.Funds may be used by §578.39 Continuum of Care planning conducted and records are maintained HMIS Leads to lease a structure in activities. in accordance with generally accepted which the HMIS is operated or as (a)In general.Collaborative accounting principles,including operating funds to operate a structure in applicants may use up to 3 percent of arranging for an annual survey, audit,or which the HMIS is operated,and for their FPRN,or a maximum amount to be evaluation of the financial records of other costs eligible in§578.57. established by the NOFA,for costs of: each project carried out by a (5)Homelessness prevention.Funds (1)Designing and carrying out a subrecipient funded by a grant received „,„ may be used by recipients in collaborative process for the through the Continuum of Care Continuums of Care-designated high- development of an application to HUD; program. performing communities for housing (2)Evaluating the outcomes of (c Monitoring costs.The Co of en relocation and stabilization services, projects for which funds are awarded in monitoring subrecipients and enforcing and short-and/or medium-term rental the geographic area under the comp are e eelliigibgib a with program requirements le for costs. assistance,as described in 24 CFR Continuum of Care and the Emergency 576.105 and 24 CFR 576.106,that are Solutions Grants programs;and §578.43 Acquisition. necessary to prevent an individual or (3)Participating in the consolidated Grant funds may be used to pay up to family from becoming homeless. plan(s)for the geographic area(s), 100 percent of the cost of acquisition of (b) Uses of assistance.Funds are (b) Continuum of Care planning real property selected by the recipient or available to pay for the eligible costs activities.Eligible planning costs subrecipient for use in the provision of listed in§578.39 through§578.63 when include the costs of: housing or supportive services for used to: (1)Developing a communitywide or homeless persons. (1)Establish new housing or new regionwide process involving the facilities to provide supportive services; §578.45 Rehabilitation. (2}Expand existing housing and coordination of nonprofit homeless xp g g (a) Use.Grant funds may be used to facilities in order to increase the number providers,victim service providers, faith-based organizations,governments, pay up to 100 percent of the cost of of homeless persons served; businesses,advocates,public housing rehabilitation of structures to provide (3)Bring existing housing and housing or supportive services to facilities into compliance with State and agencies,school districts,social service g pp P homeless persons. local government health and safety providers,mental health agencies, (b)Eligible costs.Eligible standards,as described in§578.87; hospitals,universities,affordable rehabilitation costs include installing (4)Preserve existin permanent housing developers,law enforcement, g P cost-effective energy measures,and housing and facilities that provide organizations that serve veterans,and g P bringing an existing structure to State supportive services; homeless and formerly homeless and local government health and safety (5P)Provide supportive services for individuals; residents of supportive housing or for (2)Determining the geographic area standards. homeless persons not residing in that the Continuum of Care will serve; (c)Ineligible costs.Grant funds may P g not be used for rehabilitation of leased supportive housing; (3)Developing a Continuum of Care property. Aiiitik (6)Continue funding permanent system; housing when the recipient has received (4)Evaluating the outcomes of §578.47 New construction. funding under this part for leasing, projects for which funds are awarded in (a) Use. Grant funds may be used to: supportive services,operating costs,or the geographic area,including the (1)Pay up to 100 percent of the cost rental assistance; Emergency Solutions Grants program; of new construction,including the Packet Page -1824- 9/10/2013 16.F.1 . 45452 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations building of a new structure or building type,quality,amenities,facilities,and (i)The rental assistance may be short- an addition to an existing structure that management services.In addition,the term,up to 3 months of rent;medium- increases the floor area by 100 percent rents may not exceed rents currently term,for 3 to 24 months of rent;or long- or more,and the cost of land associated being charged for comparable units,and term,for Ionger than 24 months of rent with that construction,for use as the rent paid may not exceed HUD- and must be administered in accordance housing. determined fair market rents. with the policies and procedures (2)If grant funds are used for new (3) Utilities.If electricity,gas,and established by the Continuum as set construction,the applicant must water are included in the rent,these forth in§578.7(a)(9)and this section, demonstrate that the costs of new utilities may be paid from leasing funds. (ii)The rental assistance may be construction are substantially less than If utilities are not provided by the tenant-based,project-based,or sponsor- the costs of rehabilitation or that there landlord,these utility costs are an based,and may be for transitional or is a lack of available appropriate units operating cost, except for supportive permanent housing. that could be rehabilitated at a cost less service facilities. If the structure is being (2)Grant funds may be used for than new construction.For purposes of used as a supportive service facility, security deposits in an amount not to this cost comparison,costs of then these utility costs are a supportive exceed 2 months of rent.An advance rehabilitation or new construction may service cost. payment of the last month's rent may be include the cost of real property (4)Security deposits and first and last provided to the landlord,in addition to acquisition. month's rent.Recipients and the security deposit and payment of first (b)Ineligible costs.Grant funds may subrecipients may use grant funds to month's rent, not be used for new construction on pay security deposits,in an amount not (b)Rental assistance administrator. leased property. to exceed 2 months of actual rent.An Rental assistance must be administered advance payment of the last month's by a State,unit of general local §578.49 Leasing. rent may be provided to the landlord in government,or a public housing agency. (a) Use.(1)Where the recipient or addition to the security deposit and (c) Tenant-based rental assistance. subrecipient is leasing the structure,or pa ent of the first month's rent. Tenant-based rental assistance is rental portions thereof,grant funds may be (5)Occupancy agreements and assistance in which program used to pay for 100 percent of the costs subleases.Occupancy agreements and participants choose housing of an of leasing a structure or structures,or subleases are required as specified in appropriate size in which to reside. portions thereof,to provide housing or §578.77(a). When necessary to facilitate the supportive services to homeless persons (6)Calculation of occupancy charges coordination of supportive services, for up to 3 years. Leasing funds may not and rent.Occupancy charges and rent recipients and subrecipients may be used to lease units or structures from program participants must be require program participants to live in a owned by the recipient,subrecipient, calculated as provided in§578.77. specific area for their entire period of their parent organization(s),any other (7)Program income.Occupancy participation,or in a specific structure related organization(s),or organizations charges and rent collected from program for the first year and in specific specific area that are members of a partnership, participants are program income and for the remainder of their period of where the partnership owns the may be used as provided under participation.Program participants who structure,unless HUD authorized an §578.97. are receiving rental assistance in exception for good cause. (8) Transition.Beginning in the first (2)Any request for an exception must year awards are made under the transitional housing may be required to include the following: Continuum of Care program,renewals of live in a specific structure for their (i)A description dhow leasing these grants for leasing funds entered into entire period of participation in structures is in the best interest of the under the authority of title IV,subtitle transitional housing. program; D of the Act as it existed before May 20, (1)Up to 5 years worth of rental (ii)Supporting documentation 2009,will be renewed either as grants assistance maybe awarded to a project showing that the leasing charges paid for leasing or as rental assistance, in one competition. with grant funds are reasonable for the depending on the characteristics of the (2)Program participants who have market;and project.Leasing funds will be renewed complied with all program requirements (iii)A copy of the written policy for as rental assistance if the funds are used during their residence retain the rental resolving disputes between the landlord to pay rent on units where the lease is assistance if they move within the and tenant,including a recusal for between the program participant and Continuum of Care geographic area. officers,agents,and staff who work for the landowner or sublessor.Projects (3)Program participants who have both the landlord and tenant. requesting leasing funds will be complied with all program requirements (b)Requirements. (1)Leasing renewed as leasing if the funds were during their residence and who have structures.When grants are used to pay used to lease a unit or structure and the been a victim of domestic violence, rent for all or part of a structure or lease is between the recipient or dating violence,sexual assault,or structures,the rent paid must be subrecipient and the landowner, stalking,and who reasonably believe reasonable in relation to rents being they are imminently threatened by harm charged in the area for comparable §578.51 Rental assistance. from further domestic violence,dating space.In addition,the rent paid may not (a) Use. (1)Grant funds may be used violence,sexual assault,or stalking exceed rents currently being charged by for rental assistance for homeless (which would include threats from a the same owner for comparable individuals and families.Rental third party,such as a friend or family unassisted space. assistance cannot be provided to a member of the perpetrator of the (2)Leasing individual units.When program participant who is already violence),if they remain in the assisted grants are used to pay rent for receiving rental assistance,or living in unit,and are able to document the individual housing units,the rent paid a housing unit receiving rental violence and basis for their belief,may must be reasonable in relation to rents assistance or operating assistance retain the rental assistance and move to being charged for comparable units, through other federal,State,or local a different Continuum of Care taking into account the location,size, sources. geographic area if they move out of the Packet Page-1825- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45453 assisted unit to protect their health and providing the housing assistance participants.If the supportive services OW safety. described in the application for the full are provided in a supportive service (d) Sponsor-based rental assistance. 5-year period. facility not contained in a housing Sponsor-based rental assistance is (3)A recipient must serve at least as structure,the costs of day-to-day provided through contracts between the many program participants as shown in operation of the supportive service recipient and sponsor organization.A its application for assistance. facility,including maintenance,repair, sponsor may be a private,nonprofit (4)If the amount in each grant building security,furniture,utilities, organization, or a community mental reserved for rental assistance over the and equipment are eligible as a health agency established as a public grant period exceeds the amount that supportive service. nonprofit organization.Program will be needed to pay the actual costs (1)Supportive services must be participants must reside in housing of rental assistance,due to such factors necessary to assist program participants owned or leased by the sponsor.Up to as contract rents being lower than FMRs obtain and maintain housing. 5 years worth of rental assistance may and program participants being able to (2)Recipients and subrecipients shall be awarded to a project in one pay a portion of the rent,recipients or conduct an annual assessment of the competition. subrecipients may use the excess funds service needs of the program (e)Project-based rental assistance. for covering the costs of rent increases, participants and should adjust services Project-based rental assistance is or for serving a greater number of accordingly. provided through a contract with the program participants. (b)Duration. (1)For a transitional owner of an existing structure,where (i) Vacancies.If a unit assisted under housing project,supportive services the owner agrees to lease the subsidized this section is vacated before the must be made available to residents units to program participants.Program expiration of the lease,the assistance for throughout the duration of their participants will not retain rental the unit may continue for a maximum residence in the project. assistance if they move.Up to 15 years of 30 days from the end of the month (2)Permanent supportive housing of rental assistance may be awarded in in which the unit was vacated,unless projects must provide supportive one competition. occupied by another eligible person.No services for the residents to enable them (f) Grant amount.The amount of additional assistance will be paid until to live as independently as is rental assistance in each project will be the unit is occupied by another eligible practicable throughout the duration of based on the number and size of units person. Brief periods of stays in their residence in the project. proposed by the applicant to be assisted institutions,not to exceed 90 days for over the grant period.The amount of each occurrence,are not considered (3)Services may also be provided to rental assistance in each project will be vacancies. former residents n residents of is o f transitional housing and calculated by multiplying the number Property damage.Recipients and housing current who reside ho of permanent Y (j) P Y g P housing who were homeless in the prior and size of units proposed by the FMR subrecipients may use grant funds in an 6 months,for no more than 6 months of each unit on the date the application amount not to exceed one month's rent after leaving transitional housing or is submitted to HUD,by the term of the to pay for any damage to housing due homelessness,respectively,to assist grant. to the action of a program participant. (g)Rent reasonableness.HUD will This shall be a one-time cost per their adjustment to independent living. only provide rental assistance for a unit participant,incurred at the time a (4)Rapid rehousing projects must if the rent is reasonable.The recipient participant exits a housing unit. require the program participant to meet or subrecipient must determine whether (k)Resident rent.Rent must be pe a case manager not less than once the rent charged for the unit receiving calculated as provided in §578.77. per month as set forth in rental assistance is reasonable in Rents collected from program §578.37( ograma)(1)(ii)(F),to assist the relation to rents being charged for participants are program income and program participant in maintaining comparable unassisted units,taking into maybe used as provided under long-term housing stability. account the location, size,type,quality, §578.97. (c) Special populations.All eligible amenities,facilities,and management (1)Leases. (1)Initial lease.For project- costs are eligible to the same extent for and maintenance of each unit. based,sponsor-based,or tenant-based program participants who are Reasonable rent must not exceed rents rental assistance,program participants unaccompanied homeless youth; currently being charged by the same must enter into a lease agreement for a persons living with HIV/AIDS;and owner for comparable unassisted units, term of at least one year,which is victims of domestic violence,dating (h)Payment of grant. (1)The amount terminable for cause.The leases must be violence,sexual assault,or stalking. of rental assistance in each project will automatically renewable upon (d)Ineligible costs.Any cost that is be reserved for rental assistance over the expiration for terms that are a minimum not described as an eligible cost under grant period.An applicant's request for of one month long, except on prior this section is not an eligible cost of rental assistance in each grant is an notice by either party. providing supportive services using estimate of the amount needed for rental (2)Initial lease for transitional Continuum of Care program funds. Staff assistance.Recipients will make draws housing.Program participants in training and the costs of obtaining from the grant funds to pay the actual transitional housing must enter into a professional licenses or certifications costs of rental assistance for program lease agreement for a term of at least one needed to provide supportive services participants. month.The lease must be automatically are not eligible costs. (2)For tenant-based rental assistance, renewable upon expiration,except on (e)Eligible costs. on demonstration of need; prior notice by either party,up to a (1)Annual Assessment of Service (i)Up to 25 percent of the total rental maximum term of 24 months. Needs.The costs of the assessment assistance awarded maybe spent in any required by§578,53(a)(2)are eligible year of a 5-year grant term;or §578.53 Supportive services. costs. , (ii)A higher percentage if approved in (a)In general.Grant funds may be (2)Assistance with moving costs. advance by HUD,if the recipient used to pay the eligible costs of Reasonable one-time moving costs are provides evidence satisfactory to HUD supportive services that address the eligible and include truck rental and that it is financially committed to special needs of the program hiring a moving company. Packet Page-1826- 9/10/2013 16.F.1. 45454 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (3)Case management.The costs of providing reasonable stipends to legal services provider and performs the assessing,arranging,coordinating,and program participants in employment services itself,the eligible costs are the monitoring the delivery of assistance and job training programs is subrecipient's employees'salaries and individualized services to meet the also an eligible cost. other costs necessary to perform the needs of the program participant(s)are (i)Learning skills include those skills services. eligible costs.Component services and that can be used to secure and retain a (iv)Legal services for immigration activities consist of: job,including the acquisition of and citizenship matters and issues (i)Counseling; vocational licenses and/or certificates. related to mortgages and (ii)Developing,securing,and (ii)Services that assist individuals in homeownership are ineligible.Retainer coordinating services; . securing employment consist of: fee arrangements and contingency fee (iii)Using the centralized or (A)Employment screening, arrangements are ineligible. coordinated assessment system as assessment,or testing; (10)Life skills training.The costs of required under§578.23(c)(9). (B)Structured job skills and job- teaching critical life management skills (iv)Obtaining federal,State,and local seeking skills; that may never have been learned or benefits; (C)Special training and tutoring, have been lost,during the course of (v)Monitoring and evaluating including literacy training and pre- physical or mental illness,domestic program participant progress; vocational training; violence,substance abuse,and (vi)Providing information and (D)Books and instructional material; homelessness are eligible.These referrals to other providers; (E)Counseling or job coaching;and services must be necessary to assist the (vii)Providing ongoing risk (F)Referral to community resources, program participant to function assessment and safety planning with (7)Food.The cost of providing meals independently in the community. victims of domestic violence,dating or groceries to program participants is Component life skills training axe the violence,sexual assault,and stalking; eligible. budgeting of resources and money and (8)Housing search and counseling management,household management, (viii)Developing an individualized services.Costs of assisting eligible conflict management,shopping for food housing and service plan,including program participants to locate,obtain, and other needed items,nutrition,the planning a path to permanent housing and retain suitable housing are eligible. use of public transportation,and parent stability. (i)Component services or activities training. (4)Child care. The costs of are tenant counseling;assisting (11)Mental health services.Eligible establishing and operating child care, individuals and families to understand costs are the direct outpatient treatment and providing child-care vouchers,for leases;securing utilities;and making of mental health conditions that are children from families experiencing moving arrangements. provided by licensed professionals. homelessness,including providing (ii)Other eligible costs are: Component services are crisis meals and snacks,and comprehensive (A)Mediation with property owners developmental interventions;counseling;individual, and coordinated develo and landlords on behalf of eligible P family,or group therapy sessions;the activities, are eligible. program participants; ri lion of s chotxa is (i)The children must be under the age (B)Credit counseling,accessing a free medicescrations or explanations about the of 13,unless they are disabled children. personal credit report,and resolving use and management of m (ii)Disabled children must be under personal credit issues;and and and management n of therapeutic medications;edical the age of 18. (C)The payment of rental application approaches at address multiple (iii)The child-care center must be fees. rproach. licensed by the jurisdiction in which it (9)Legal services.Eligible costs are problems. Outpatient health services. operates in order for its costs to be the fees charged b licensed attorneys p eligible. and by person(s)under the supervision Eligible costs are the direct outpatient (5)Education services.The costs of of licensed attorneys,for advice and treatment of medical conditions when improving knowledge and basic representation in matters that interfere provided by licensed medical educational skills are eligible. with the homeless individual or family's professionals including: (i)Services include instruction or ability to obtain and retain housing. (i)Providing an analysis or training in consumer education,health (i)Eligible subject matters are child assessment of an individual's health education,substance abuse prevention, support;guardianship;paternity; problems and the development of a literacy,English as a Second Language, emancipation;legal separation;orders of treatment plan; and General Educational Development protection and other civil remedies for (ii)Assisting individuals to (GED), victims of domestic violence,dating understand their health needs; (ii)Component services or activities violence,sexual assault,and stalking; (iii)Providing directly or assisting are screening,assessment and testing; appeal of veterans and public benefit individuals to obtain and utilize individual or group instruction; claim denials;landlord tenant disputes; appropriate medical treatment; tutoring;provision of books,supplies, and the resolution of outstanding (iv)Preventive medical care and and instructional material;counseling; criminal warrants, health maintenance services,including and referral to community resources. (ii)Component services or activities in-home health services and emergency (6)Employment assistance and job may include receiving and preparing medical services; training.The costs of establishing and cases for trial,provision of legal advice, (v)Provision of appropriate operating employment assistance and representation at hearings,and medication; job training programs are eligible, counseling. (vi)Providing follow-up services;and including classroom,online and/or (iii)Fees based on the actual service (vii)Preventive and noncosmetic computer instruction,on-the-job performed(i.e.,fee for service)are also dental care. instruction,services that assist eligible,but only if the cost would be (13)Outreach services.The costs of individuals in securing employment, less than the cost of hourly fees.Filing activities to engage persons for the acquiring learning skills,and/or fees and other necessary court costs are purpose of providing immediate support increasing earning potential.The cost of also eligi 's a and intervention,as well as identifying Packet Page -1827- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45455 potential program participants,are share in the cost of car repairs or (iv)Obtaining technical support; OW eligible. maintenance as a condition of receiving (v)Leasing office space; (i)Eligible costs include the outreach assistance with car repairs or (vi)Paying charges for electricity,gas, worker's transportation costs and a cell maintenance. water,phone service,and high-speed phone to be used by the individual (16) Utility deposits.This form of data transmission necessary to operate performing the outreach. assistance consists of paying for utility or contribute data to the HMIS; (ii)Component activities and services deposits. Utility deposits must be a one- (vii)Paying salaries for operating consist of:initial assessment;crisis time fee,paid to utility companies. HMIS,including: counseling;addressing urgent physical (17)Direct provision of services.If the (A)Completing data entry; needs,such as providing meals, service described in paragraphs (e)(1) (B)Monitoring and reviewing data blankets, clothes,or toiletries;actively through(e)(16) of this section is being quality; connecting and providing people with directly delivered by the recipient or (C)Completing data analysis; information and referrals to homeless subrecipient,eligible costs for those (D)Reporting to the HMIS Lead; and mainstream programs;and services also include: (E)Training staff on using the HMIS; publicizing the availability of the (i)The costs of labor or supplies,and and housing and/or services provided materials incurred by the recipient or (F)Implementing and complying with within the geographic area covered by subrecipient in directly providing HMIS requirements; the Continuum of Care. supportive services to program (viii)Paying costs of staff to travel to (14) Substance abuse treatment . participants;and and attend HUD-sponsored and HUD- services.The costs of program (ii)The salary and benefit packages of approved training on HMIS and participant intake and assessment, the recipient and subrecipient staff who programs authorized by Title IV of the outpatient treatment,group and directly deliver the services. McKinney-Vento Homeless Assistance individual counseling,and drug testing 578.55 Operating costs. Act; are eligible. Inpatient detoxification and (ix)Paying staff travel costs to other inpatient drug or alcohol (a) Use.Grant funds may be used to conduct intake;and treatment are ineligible. pay the costs of the day-to-day operation (x)Paying participation fees charged (15) Transportation.Eligible costs are: of transitional and permanent housing by the HMIS Lead,as authorized by (i) The costs of program participant's in a single structure or individual HUD,if the recipient or subrecipient is travel on public transportation or in a housing units. not the HMIS Lead. vehicle provided by the recipient or (b)Eligible costs.(1)The maintenance (2)If the recipient or subrecipient is subrecipient to and from medical care, and repair of housing; the HMIS Lead,it may also use employment, child care,or other (2)Property taxes and insurance; Continuum of Care funds to pay the services eligible under this section. (3)Scheduled payments to a reserve costs of: otok (ii)Mileage allowance for service for replacement of major systems of the (i)Hosting and maintaining HMIS workers to visit program participants housing(provided that the payments software or data; must be based on the useful life of the and to carry out housing quality (ii)Backing up,recovering,or system and expected replacement cost); inspections; repairing HMIS software or data; (iii)The cost of purchasing or leasing (4)Building security or a structure p g g where more than 50 percent of the units (iii)Upgrading,customizing,and a vehicle in which staff transports enhancing the HMIS; or area is paid for with grant funds; program participants and/or staff (5)Electricity,gas,and water; (iv)Integrating and warehousing data, serving program participants; (6)Furniture;and including development of a data (iv)The cost of gas,insurance,taxes, (7)Equipment. warehouse for use in aggregating data and maintenance for the vehicle; (c)Ineligible costs.Program funds from subrecipients using multiple (v)The costs of recipient or may not be used for rental assistance software systems; subrecipient staff to accompany or assist and operating costs in the same project. (v)Administering the system; program participants to utilize public Program funds may not be used for the (vi)Reporting to providers,the transportation;and costs of emergency shelter Continuum of Care,and HUD;and (vi)If public transportation options and supportive service only facilities. (vii)Conducting training on using the are not sufficient within the area,the system,including traveling to the Program funds may not be used for the recipient may make a one-time payment maintenance and repair of housing training. on behalf of a program participant where the costs of maintaining and (3)If the recipient or subrecipient is needing car repairs or maintenance repairing the housing are included in a victim services provider,or a legal required to operate a personal vehicle, the lease. services provider,it may use Continuum subject to the following: of Care funds to establish and operate a (A)Payments for car repairs or §578.57 Homeless Management comparable database that complies with maintenance on behalf of the program Information System. HUD's HMIS requirements. participant may not exceed 10 percent (a)Eligible costs.(1)The recipient or (b) General restrictions.Activities of the Blue Book value of the vehicle subrecipient may use Continuum of funded under this section must comply (Blue Book refers to the guidebook that Care program funds to pay the costs of with the HMIS requirements. compiles and quotes prices for new and contributing data to the HMIS §578.59 Project administrative costs. used automobiles and other vehicles of designated by the Continuum of Care, all makes,models,and types); including the costs of: (a)Eligible costs.The recipient or (B) Payments for car repairs or (i)Purchasing or leasing computer subrecipient may use up to 10 percent maintenance must be paid by the hardware; of any grant awarded under this part, recipient or subrecipient directly to the (ii)Purchasing software or software excluding the amount for Continuum of third party that repairs or maintains the licenses; Care Planning Activities and UFA costs, ,, car;and (iii)Purchasing or leasing equipment, for the payment of project (C) The recipients or subrecipients including telephones,fax machines,and administrative costs related to the may require program participants to furniture; planning and execution of Continuum Packet Page -1828- 9/10/2013 16.F.1 . 45456 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations of Care activities.This does not include supplies,and rental and maintenance time and in such manner as HUD may staff and overhead costs directly related (but not purchase)of office space. require,must use HMIS data where to carrying out activities eligible under (2) Training on Continuum of Care required to show the standards for §578,43 through§578.57,because those requirements.Costs of providing qualifying are met,and must contain costs are eligible as part of those training on Continuum of Care such information as HUD requires, activities.Eligible administrative costs requirements and attending HUD- including at a minimum: include: sponsored Continuum of Care trainings. (1)A report showing how the (1) General management,oversight, (3)Environmental review.Costs of Continuum of Care program funds and coordination.Costs of overall carrying out the environmental review received in the preceding year were program management,coordination, responsibilities under§578.31. expended; monitoring,and evaluation.These costs (b)Sharing requirement.(1) UFAs.If (2)A specific plan for how grant include,but are not limited to, the recipient is a UFA that carries out funds will be expended;and necessary expenditures for the a project,it may use up to 10 percent (3)Information establishing that the following: of the grant amount awarded for the Continuum of Care meets the standards (i) Salaries,wages,and related costs of project on project administrative costs. for HPCs. the recipient's staff,the staff of The UFA must share the remaining (c)Standards for qualifying as an subrecipients,or other staff engaged in project administrative funds with its HPC.o q aliify demon C,ae through: program administration.In charging subrecipients. costs to this category,the recipient may (2)Recipients that are not UFAs,if the (1)Reliable data generated by the include the entire salary,wages,and recipient is not a UFA,it must share at Continuum of Care's HMIS that it meets related costs allocable to the program of least 50 percent of project all of the following standards: administrative funds with its (i)Mean length of homelessness. each person whose primary subrecipients. Either the mean length of episode of responsibilities with regard to the homelessness within the Continuum's program involve program §578.61 Relocation costs. geographic area is fewer than 20 days, administration assignments,or the pro (a)In general.Relocation costs under or the mean length of episodes of rata share of the salary,wages,and the Uniform Relocation Assistance and homelessness for individuals or families related costs of each person whose job Real Property Acquisition Policies Act includes any program administration of 1970 are eligible, in similar circumstances was reduced by at least 10 percent from the assignments.The recipient may use (b)Eligible relocation costs.Eligible preceding federal fiscal year. only one of these methods for each costs are costs to provide relocation (ii)Reduced recidivism.Of fiscal year grant.Program payments and other assistance to individuals and families who leave administration assignments include the persons displaced by a project assisted homelessness,less than 5 percent following: with grant funds in accordance with become homeless again at any time (A)Preparing program budgets and §578.83. within the next 2 years;or the schedules,and amendments to those budgets and schedules; §578.63 Indirect costs. percentage of individuals and families similar circumstances who become (B)Developing systems for assuring (a)In general.Continuum of Care homeless again within 2 years after compliance with program requirements; funds may be used to pay indirect costs homeless homelessness was decreased by p p e q in accordance with OMB Circulars A-87 leaving(C)Developing agreements with A-122,as applicable. at least 20 percent from the preceding or subrecipients and contractors to carry (b)Allocation.Indirect costs may be federal fiscal year. out program activities; (iii)HMIS coverage.The Continuum's (D)Monitoring program activities for allocated to each eligible activity as HMIS must have a bed coverage rate of progress and compliance with program provided in subpart D,so long as that 80 percent and have service volume allocation is consistent with an indirect coverage rate of 80 percent as calculated requirements; (E)Preparing reports and other cost rate proposal developed in in accordance with HUD's HMIS documents directly related to the accordance with OMB Circulars A-87 or requirements. program for submission to HUD; A-122, as applicable. (iv)Serving families and youth.With (F)Coordinating the resolution of (c)Expenditure Iimits.The indirect respect to Continuums that served p audit and monitoring findings; costs charged to an activity subject to an e expenditure limit under§§578.39, homeless families and youth defined as (G)Evaluating program results against 8,41,and 578.59 must be added to the homeless under other federal statutes in 5 stated objectives;and direct costs charged for that activity paragraph(3)of the definition of (H)Managing or supervising persons homeless in§576.2: whose primary responsibilities with when determining the total casts subject (A)95 percent of those families and regard to the program include such to the expenditure limits. youth did not become homeless again assignments as those described in Subpart E—Nigh-Performing within a 2-year period following paragraph(a)(1)(i)(A)through(G)of this Communities termination of assistance;or section. 03) 85 percent of those families (ii)Travel costs incurred for §578.65 Standards. achieved independent living in monitoring of subrecipients; (a)In general.The collaborative permanent housing for at least 2 years (iii)Administrative services applicant for a Continuum may apply to following termination of assistance. performed under third-party contracts HUD to have the Continuum be (2)Reliable data generated from or agreements,including general legal designated a high-performing sources other than the Continuum's services,accounting services,and audit community(HPC).The designation HMIS that is provided in a narrative or services;and shall be for grants awarded in the same other form prescribed by HUD that it (iv)Other costs for goods and services competition in which the designation is meets both of the following standards: required for administration of the applied for and made. (i)Community action.All the program,including rental or purchase of 0b)Applying for HPC designation.The metropolitan cities and counties within equipment,insurance,utilities,office applica ' at such the Continuum's geographic area have a Packet Page -1829- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 4545 7 comprehensive outreach plan,including subpart D of this part,except that HPCs of structure)of the International Code orakte specific steps for identifying homeless may use such match for the costs of Council. persons and referring them to activities that are eligible under (2)Services provided with assistance appropriate housing and services in that §578.71. under this part must be provided in geographic area. (b)Cash sources.A recipient or compliance with all applicable State (ii)Renewing HPC status.If the subrecipient may use funds from any and local requirements,including Continuum was designated an HPC in source,including any other federal licensing requirements. the previous federal fiscal year and used sources(excluding Continuum of Care (b)Housing quality standards. Continuum of Care grant funds for program funds),as well as State,local, Housing leased with Continuum of Care activities described under§578.71,that and private sources,provided that funds program funds,or for which rental such activities were effective at from the source are not statutorily assistance payments are made with reducing the number of individuals and prohibited to be used as a match.The Continuum of Care program funds,must families who became homeless in that recipient must ensure that any funds meet the applicable housing quality community. used to satisfy the matching standards(HQS)under 24 CFR 982.401 §578.67 Publication of application. requirements of this section are eligible of this title,except that 24 CFR publish the application to under the laws governing the funds in 982.401(j)applies only to housing HUD will pub be designated b HPC through the HUD order to be used as matching funds for occupied by program participants a grant awarded under this program. receiving tenant-based rental assistance. Web site,for public comment as to (c)In-kind contributions.(1)The For housing rehabilitated with funds whether the Continuum seeking recipient or subrecipient may use the under this part,the lead-based paint designation as an HPC meets the value of any real property,equipment, requirements in 24 CFR part 35, standards for being one. goods,or services contributed to the subparts A,B,J,and R apply.For §578.69 Cooperation among entities. project as match,provided that if the housing that receives project-based or An HPC must cooperate with HUD in recipient or subrecipient had to pay for sponsor-based rental assistance,24 CFR distributing information about its them with grant funds,the costs would part 35,subparts A,B,H,and R apply. successful efforts to reduce have been eligible under Subpart D,or, For residential property for which funds homelessness. in the case of HPCs,eligible under under this part are used for acquisition, §578.71. leasing,services,or operating costs,24 §578.71 HPC-eligible activities. (2)The requirements of 24 CFR 84.23 CFR part 35,subparts A,B,K,and R In addition to using grant funds for and 85.24 apply. apply. the eligible costs described in subpart D (3)Before grant execution, services to (1)Before any assistance will be of this part,recipients and subrecipients be provided by a third party must be provided on behalf of a program in Continuums of Care designated as documented by a memorandum of participant,the recipient,or HPCs may also use grant funds to understanding(MOU)between the subrecipient,must physically inspect provide housing relocation and recipient or subrecipient and the third each unit to assure that the unit meets stabilization services and short-and/or party that will provide the services. HQS.Assistance will not be provided medium-term rental assistance to Services provided by individuals must for units that fail to meet HQS,unless individuals and families at risk of be valued at rates consistent with those the owner corrects any deficiencies homelessness as set forth in 24 CFR ordinarily paid for similar work in the within 30 days from the date of the 576.103 and 24 CFR 576.104,if recipient's or subrecipient's initial inspection and the recipient or necessary to prevent the individual or organization.If the recipient or subrecipient verifies that all deficiencies family from becoming homeless. subrecipient does not have employees have been corrected. Activities must be carried out in performing similar work,the rates must (2)Recipients or subrecipients must accordance with the plan submitted in be consistent with those ordinarily paid inspect all units at least annually during the application.When carrying out by other employers for similar work in the grant period to ensure that the units housing relocation and stabilization the same labor market. continue to meet HQS. services and short- and/or medium-term (i)The MOU must establish the (c)Suitable dwelling size.The rental assistance,the written standards unconditional commitment,except for dwelling unit must have at least one set forth in §578.7(a)(9)(v)and selection to receive a grant,by the third bedroom or living/sleeping room for recordkeeping requirements of 24 CFR party to provide the services,the each two persons. 576.500 apply. specific service to be provided,the (1)Children of opposite sex,other profession of the persons providing the than very young children,may not be Subpart F—Program Requirements service, and the hourly cost of the required to occupy the same bedroom or §578.73 Matching rservice to be provided. living/sleeping room. (a)73 Matching The requirements.ir recipient. (ii)During the term of the grant,the (2)If household composition changes g P recipient or subrecipient must keep and during the term of assistance,recipients subrecipient must match all grant funds, make available,for inspection,records and subrecipients may relocate the except for leasing funds,with no less documenting the service hours household to a more appropriately sized than 25 percent of funds or in-kind provided. unit.The household must still have contributions from other sources.For access to appropriate supportive Continuum of Care geographic areas in §578.75 General operations. services. which there is more than one grant (a) State and local requirements. (1) (d)Meals,Each recipient and agreement,the 25 percent match must Housing and facilities constructed or subrecipient of assistance under this be provided on a grant-by-grant basis. rehabilitated with assistance under this part who provides supportive housing Recipients that are UFAs or are the sole part must meet State or Iocal building for homeless persons with disabilities recipient for their Continuum,may codes,and in the absence of State or must provide meals or meal preparation provide match on a Continuum-wide local building codes,the International facilities for residents. basis. Cash match must be used for the Residential Code or International (e) Ongoing assessment of supportive costs of activities that are eligible under Building Code(as applicable to the type services.To the extent practicable,each Packet Page -1830- 9/10/2013 16.F.1 . 45458 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations project must provide supportive by the disability.Notwithstanding this made must pay a contribution toward services for residents of the project and provision,if the purpose of the project rent in accordance with section 3(a)(1) homeless persons using the project, is to provide substance abuse treatment of the U.S.Housing Act of 1937(42 which may be designed by the recipient services,recipients and subrecipients U.S.C. 1437a(a)(1)). or participants.Each recipient and may require program participants to (ii)Income of program participants subrecipient of assistance under this take part in such services as a condition must be calculated in accordance with part must conduct an ongoing of continued participation in the 24 CFR 5.609 and 24 CFR 5.611(a). assessment of the supportive services pro ram. (2)Review.Recipients or needed by the residents of the project, (1)Retention of assistance after death, subrecipients must examine a program the availability of such services,and the incarceration,or institutionalization for participant's income initially,and at coordination of services needed to more than 90 days of qualifying least annually thereafter,to determine ensure long-term housing stability and member.For permanent supportive the amount of the contribution toward must make adjustments,as appropriate. housing projects surviving,members of rent payable by the program participant. (f)Residential supervision.Each any household who were living in a unit Adjustments to a program participant's recipient and subrecipient of assistance assisted under this part at the time of contribution toward the rental payment under this part must provide residential the qualifying member's death,long- must be made as changes in income are supervision as necessary to facilitate the term incarceration,or long-term identified. adequate provision of supportive institutionalization,have the right to (3)Verification.As a condition of services to the residents of the housing rental assistance under this section until participation in the program,each throughout the term of the commitment the expiration of the lease in effect at program participant must agree to to operate supportive housing. the time of the qualifying member's supply the information or Residential supervision may include the death,long-term incarceration,or long- documentation necessary to verify the employment of a full-or part-time term institutionalization. program participant's income.Program residential supervisor with sufficient participants must provide the recipient knowledge to provide or to supervise §578.77 Calculating occupancy charges or subrecipient with information at any and rent. time regarding changes in income or the provision of supportive services to g � g the residents. (a) Occupancy agreements and leases. other circumstances that may result in (g)Participation of homeless Recipients and subrecipients must have changes to a program participant's individuals.(1)Each recipient and signed occupancy agreements or leases contribution toward the rental payment. subrecipient must provide for the (or subleases)with program participants 578 79 Limitation on transitional participation of not less than one residing in housing. § homeless individual or formerly (b) Calculation of occupancy charges. housing. homeless individual on the board of Recipients and subrecipients are not A homeless individual or family may directors or other equivalent required to impose occupancy charges remain in transitional housing for a policymaking entity of the recipient or on program participants as a condition period longer than 24 months,if subrecipient,to the extent that such of residing in the housing.However,if permanent housing for the individual or entity considers and makes policies and occupancy charges are imposed,they family has not been located or if the decisions regarding any project, may not exceed the highest of: individual or family requires additional supportive services,or assistance (1)30 percent of the family's monthly time to prepare for independent living. provided under this part.This adjusted income(adjustment factors However,HUD may discontinue requirement is waived if a recipient or include the number of people in the assistance for a transitional housing subrecipient is unable to meet such family,age of family members,medical project if more than half of the homeless requirement and obtains HUD approval expenses,and child-care expenses); individuals or families remain in that for a plan to otherwise consult with (2)10 percent of the family's monthly project longer than 24 months. homeless or formerly homeless persons income;or when considering and making policies (3)If the family is receiving payments §578.81 Term of commitment,repayment nt grants,Term prevention commitment, of undue benefits. and decisions. for welfare assistance from a public of (2)Each recipient and subrecipient of agency and a part of the payments (a)In general.All recipients and assistance under this part must,to the (adjusted in accordance with the subrecipients receiving grant funds for maximum extent practicable,involve family's actual housing costs)is acquisition,rehabilitation,or new homeless individuals and families specifically designated by the agency to construction must operate the housing through employment;volunteer meet the family's housing costs,the or provide supportive services in services;or otherwise in constructing, portion of the payments that is accordance with this part,for at least 15 rehabilitating,maintaining,and designated for housing costs. years from the date of initial occupancy operating the project,and in providing [4)Income.Income must be or date of initial service provision. supportive services for the project. calculated in accordance with 24 CFR Recipient and subrecipients must (h) Supportive service agreement. 5.609 and 24 CFR 5.611(a).Recipients execute and record a HUD-approved Recipients and subrecipients may and subrecipients must examine a Declaration of Restrictive Covenants require the program participants to take program participant's income initially, before receiving payment of grant funds. part in supportive services that are not and if there is a change in family (b)Conversion.Recipients and disability-related services provided composition(e.g.,birth of a child)or a subrecipients carrying out a project that through the project as a condition of decrease in the resident's income during provides transitional or permanent continued participation in the program. the year,the resident may request an housing or supportive services in a Examples of disability-related services interim reexamination,and the structure may submit a request to HUD include,but are not limited to,mental occupancy charge will be adjusted to convert a project for the direct benefit health services,outpatient health accordingly. of very low-income persons.The request services,and provision of medication, (c)Resident rent.(1)Amount of rent. must be made while the project is which are provided to a person with a (i)Each program participant on whose operating as homeless housing or disability to address a condition caused behalf re] 's are supportive services for homeless Packet Page-1831- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45459 individuals and families,must be in individuals and families at risk of relocation,including the cost of moving writing,and must include an homelessness. to and from the temporarily occupied explanation of why the project is no housing and any increase in monthly § 78.83 Displacement,relocation,and longer needed to provide transitional or rent/occupancy charges and utility permanent housing or supportive acquisition. costs;and services.The primary factor in HUD's (a)Minimizing displacement. (ii)Appropriate advisory services, decision on the proposed conversion is Consistent with the other goals and including reasonable advance written the unmet need for transitional or objectives of this part,recipients and notice of: subrecipients must ensure that they housin g or supportive (A)The date and approximate services in the Continuum of Care's have taken all reasonable steps to duration of the temporary relocation; geographic area. minimize the displacement of persons (c)Repayment of grant funds.If a (families,individuals,businesses, (B)The location of the suitable, nonprofit organizations,and farms)as a decent,safe,and sanitary dwelling to be project is not operated as transitional or P g ) temporary available for the tem permanent housing for 20 years result of projects assisted under this P y following the date of initial occupancy, part. "Project,"as used in this section, period; HUD will require repayment of the means any activity or series of activities (C)The reasonable terms and entire amount of the grant used for assisted with Continuum of Care funds conditions under which the program acquisition,rehabilitation,or new received or anticipated in any phase of participant will be able to occupy a construction,unless conversion of the an undertaking. suitable,decent,safe,and sanitary project has been authorized under (b) Temporary relocation.(1)Existing dwelling in the building or complex paragraph(b)of this section.If the Building Not Assisted under Title IV of upon completion of the project;and housing is used for such purposes for the McKinney-Vento Act.No tenant may (D)The provisions of paragraph more than 10 years,the payment be required to relocate temporarily for a (b)(2)(i) of this section. amount will be reduced by 20 project if the building in which the (c)Relocation assistance for displaced percentage points for each year,beyond project is being undertaken or will be persons. (1)In general.A displaced the 10-year period in which the project undertaken is not currently assisted person(defined in paragraph(c)(2) of is used for transitional or permanent under Title IV of the McKinney-Vento this section)must be provided housing. Act.The absence of such assistance to relocation assistance in accordance with (d)Prevention of undue benefits. the building means the tenants are not the requirements of the URA and Except as provided under paragraph(e) homeless and the tenants are therefore implementing regulations at 49 CFR part of this section,upon any sale or other not eligible to receive assistance under 24.A displaced person must be advised disposition of a project site that received the Continuum of Care program.When of his or her rights under the Fair grant funds for acquisition, a tenant moves for such a project under Housing Act.Whenever possible, rehabilitation, or new construction, conditions that cause the Uniform minority persons must be given occurring before the 15-year period,the Relocation Assistance and Real Property reasonable opportunities to relocate to recipient must comply with such terms Acquisition Policies Act of 1970(URA), decent, safe,and sanitary replacement and conditions as HUD may prescribe to 42 U.S.C.4601-4655,to apply,the dwellings,not located in an area of prevent the recipient or subrecipient tenant must be treated as permanently minority concentration,that are within from unduly benefiting from such sale displaced and offered relocation their financial means.This policy, or disposition. assistance and payments consistent with however,does not require providing a (e)Exception.A recipient or paragraph(c)of this section. person a larger payment than is subrecipient will not be required to (2)Existing Transitional Housing or necessary to enable a person to relocate comply with the terms and conditions Permanent Housing Projects Assisted to a comparable replacement dwelling. prescribed under paragraphs(c)and(d) Under Title IV of the McKinney-Vento See 49 CFR 24.205(c)(2)(ii)(D). of this section if: Act.Consistent with paragraph(c)(2)(ii) (2)Displaced person.(i)For the (1)The sale or disposition of the of this section,no program participant purposes of paragraph(c)of this section, property used for the project results in may be required to relocate temporarily the term"displaced person"means any the use of the property for the direct for a project if the person cannot be person(family,individual,business, benefit of very low-income persons; offered a decent, safe,and sanitary unit nonprofit organization,or farm)that (2)All the proceeds are used to in the same building or complex upon moves from real property, or moves provide transitional or permanent project completion under reasonable personal property from real property, housing that meet the requirements of terms and conditions.The length of permanently,as a direct result of this part; occupancy requirements in§578.79 acquisition,rehabilitation, or (3)Project-based rental assistance or may prevent a program participant from demolition for a project.This includes operating cost assistance from any returning to the property upon any permanent,involuntary move for a federal program or an equivalent State completion(See paragraph(c)(2)(iii)(D) project,including any permanent move or local program is no longer made of this section).Any program from the real property that is made; available and the project is meeting participant who has been temporarily (A)After the owner(or person in applicable performance standards, relocated for a period beyond one year control of the site)issues a notice to provided that the portion of the project must be treated as permanently move permanently from the property,or that had benefitted from such assistance displaced and offered relocation refuses to renew an expiring lease,if the continues to meet the tenant income assistance and payments consistent with move occurs after the date of the and rent restrictions for low-income paragraph(c)of this section.Program submission by the recipient or units under section 42(g)of the Internal participants temporarily relocated in subrecipient of an application for Revenue Code of 1986;or accordance with the policies described assistance to HUD(or the recipient,as (4)There are no individuals and in this paragraph must be provided: applicable)that is later approved and families in the Continuum of Care (i)Reimbursement for all reasonable funded and the recipient or subrecipient geographic area who are homeless,in out-of-pocket expenses incurred in has site control as evidenced in which case the project may serve connection with the temporary accordance with§578.25(b);or Packet Page-1832- 9/10/2013 16.F.1 . 45460 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (B)After the owner(or person in of-pocket expenses incurred in section,if the displacement is a direct control of the site)issues a notice to connection with the temporary result of privately undertaken move permanently from the property,or relocation; rehabilitation,demolition,or refuses to renew an expiring lease,if the (2)The program participant is not acquisition of the real property, move occurs after the date the recipient eligible to return to the building or "initiation of negotiations"means the or subrecipient obtains site control,as complex upon project completion;or execution of the agreement between the evidenced in accordance with (3)Other conditions of the temporary recipient and the subrecipient,or §578.25(b),if that occurs after the relocation are not reasonable;or between the recipient(or subrecipient, application for assistance; or (C)The program participant is as applicable)and the person owning or (C)Before the date described under required to move to another unit in the controlling the property.In the case of paragraph(c)(2)(i)(A)or(B)of this same building or complex,and any one an option contract to acquire property, section,if the recipient or HUD of the following situations occurs: the initiation of negotiations does not determines that the displacement (1)The program participant is not become effective until execution of a resulted directly from acquisition, offered reimbursement for all reasonable written agreement that creates a legally rehabilitation,or demolition for the out-of-pocket expenses incurred in enforceable commitment to proceed project;or connection with the move; with the purchase,such as a purchase (D)By a tenant of a building that is (2)The program participant is not agreement. not assisted under Title IV of the eligible to remain in the building or (d)Real property acquisition McKinney-Vento Act,if the tenant complex upon project completion;or requirements.Except for acquisitions moves after execution of the agreement (3)Other conditions of the move are described in 49 CFR 24.101(b)(1) covering the acquisition,rehabilitation, not reasonable. through(5),the URA and the or demolition of the property for the (iii)Notwithstanding the provisions of requirements of 49 CFR part 24,subpart project;or paragraph(c)(2)(1)or(ii)of this section, B apply to any acquisition of real (ii)For the purposes of paragraph(c) a person does not qualify as a property for a project where there are of this section,the term"displaced "displaced person"if: Continuum of Care funds in any part of person"means any person(family, (A')The person has been evicted for the project costs, individual,business,nonprofit serious or repeated violation of the (e)Appeals.A person who disagrees organization,or farm)that moves from terms and conditions of the lease or the recipient's(or swho disagrees if with real property,or moves personal occupancy agreement;the eviction applicable)determination concerning property from real property, complied with applicable federal,State, whether the person qualifies as a permanently,as a direct result of or local requirements(see§578.91);and displaced person,or the amount of acquisition,rehabilitation, or the recipient or subrecipient determines relocation assistance for which the demolition for a project.This includes that the eviction was not undertaken for erson is eligible,assistance file a written any permanent,involuntary move for a the purpose of evading the obligation to p g may appeal of that determination with the project that is made by a program provide relocation assistance; recipient(see 49 CFR 24.10).A low- participant occupying transitional (B)The person moved into the income person who is dissatisfied with housing or permanent housing assisted property after the submission of the the recipient's determination on his or under Title IV of the McKinney-Vento application but,before signing a lease or her appeal may submit a written request Act,if any one of the following three occupancy agreement and commencing for review of that determination to the situations occurs: • occupancy,was provided written notice local HUD field office. (A)The program participant moves of the project's possible impact on the after execution of the agreement person(e.g.,the person may be §578.85 Timeliness standards. covering the acquisition,rehabilitation, displaced,temporarily relocated,or (a)In general.Recipients must initiate or demolition of the property for the incur a rent increase)and the fact that approved activities and projects project and is either not eligible to the person would not qualify as a promptly. return upon project completion or the "displaced person" (or for any (b) Construction activities.Recipients . move occurs before the program relocation assistance provided under of funds for rehabilitation or new participant is provided written notice this section),as a result of the project; construction must meet the following offering the program participant an (C)The person is ineligible under 49 standards: opportunity to occupy a suitable, CFR 24.2(a)(9)(ii)); (1)Construction activities must begin decent,safe,and sanitary dwelling in (D)The person is a program within 9 months of the later must of signing the same building or complex upon participant occupying transitional within the grant agreement s of th or a s an project completion under reasonable housing or permanent housing assisted of the gr n to e grant or of signing igns terms and conditions.Such reasonable under Title IV of the Act who must authorizing den addendum use the grant agreement for the terms and conditions must include a move as a3direct result of the length-of- ro ect. lease(or occupancy agreement,as occupancy restriction under§578.79;or project. applicable)consistent with Continuum (E)HUD determines that the person (2)Construction activities must be of Care program requirements,including was not displaced as a direct result of completed within 24 months of signing a monthly rent or occupancy charge and acquisition,rehabilitation,or the grant agreement. monthly utility costs that does not demolition for the project. (3)Activities that cannot begin until exceed the maximum amounts (iv)The recipient may request,at any after construction activities are established in§578.77;or time,HUD's determination of whether a completed must begin within 3 months (B) The program participant is displacement is or would be covered of the date that construction activities required to relocate temporarily,does under this section. are completed. not return to the building or complex, (3)Initiation of negotiations.For (c)Distribution.A recipient that and any one of the following situations purposes of determining the formula for receives funds through this part must: occurs: computing replacement housing (1)Distribute the funds to (1)The program participant is not payment assistance to be provided to a subrecipients(in advance of offered payment for all reasonable out- displace' `'`s expenditures by the subrecipients); Packet Page -1833- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45461 (2)Distribute the appropriate portion funds as provided under the regulations be used for the acquisition, of the funds to a subrecipient no later of this part without impairing its construction, or rehabilitation of than 45 days after receiving an independence,autonomy,expression of structures only to the extent that those approvable request for such distribution religious beliefs,or religious character. structures are used for conducting from the subrecipient;and Such organization will retain its eligible activities under this part.When (3)Draw down funds at least once per independence from federal,State,and a structure is used for both eligible and quarter of the program year,after local government,and may continue to explicitly religious activities,program eligible activities commence. carry out its mission,including the funds may not exceed the cost of those §578.87 Limitation on use of funds. definition, development,practice,and portions of the acquisition,new expression of its religious beliefs, construction,or rehabilitation that are (a)Maintenance of effort.No provided that it does not use direct attributable to eligible activities in assistance provided under this part(or program funds to support or engage in accordance with the cost accounting any State or local government funds any explicitly religious activities, requirements applicable to the used used supplement State or local assistance)may including activities that involve overt Continuum of Care program. religious content,such as worship, Sanctuaries,chapels,or other rooms previously used,or designated for use, religious instruction,or proselytization, that a Continuum of Care program- to assist homeless persons. or any manner prohibited by law. funded reli con a ation uses as its (b)Faith-based activities. (1)Equal g ious g Among other things,faith-based rii however,are treatment of program participants and principal place lace of worshi P program beneficiaries.(i)Program organizations may use space in their ineligible for Continuum of Care facilities to provide program-funded program-funded improvements. participants. Organizations that are services,without removing or altering Disposition of real r o ert after the religious or faith-based are eligible,on religious art,icons,scriptures,or other term of the grant,or an change in the the same basis as any other religious symbols.In addition,a g i g organization,to participate in the g � use of the property during the term of Continuum of Care program.Neither the Continuum of Care program-funded the grant,is subject to governmentwide religious organization retains its regulations governing real property Federal Government nor a State or local authority over its internal governance, disposition(see 24 CFR arts 84 and government receiving funds under the and it may retain religious terms in its 85)r P Continuum of Care program shall organization's name,select its board (6) Supplemental funds.If a State or discriminate against an organization on members on a religious basis,and local government voluntarily the basis of the organization's religious include religious references in its contributes its own funds to supplement character or affiliation.Recipients and organization's mission statements and federally funded activities,the State or subrecipients of program funds shall other governing documents, local government has the option to not,in providing program assistance, (4)Alternative provider.If a program segregate the federal funds or discriminate against a program participant or prospective program commingle them.However,if the funds participant or prospective program participant of the Continuum of Care are commingled,this section applies to participant on the basis of religion or program supported by HUD objects to g PP reli religious belief. all of the commingled funds. g the religious character of an (c)Restriction on combining funds.In (ii)Beneficiaries.In providing organization that provides services gf services supported in whole or in part a single g tes structure or housing may the PP P under the program,that organization following types of assistance may not be with federal financial assistance,and in shall,within a reasonably prompt time combined: y their outreach activities related to such after the objection,undertake reasonable (1)Leasing and acquisition, services,program participants shall not efforts to identify and refer the program rehabilitation,or new construction; discriminate against current or participant to an alternative provider to ros ective program beneficiaries on qu Tenant-based habi rental,or assistance and P P F g which the prospective program acquisition,rehabilitation,or new the basis of religion, a religious belief, participant has no objection.Except for construction; a refusal to hold a religious belief,or a services provided by telephone,the (3) Short-or medium-term rental refusal to attend or participate in a Internet,or similar means,the referral assistance and acquisition, religious practice, must be to an alternate provider in rehabilitation,or new construction; (2) Separation of explicitly religious reasonable geographic proximity to the (4)Rental assistance and leasing; or activities.Recipients and subrecipients organization making the referral.In (5)Rental assistance and operating. of Continuum of Care funds that engage making the referral,the organization (d)Program fees.Recipients and in explicitly religious activities, shall comply with applicable privacy subrecipients may not charge program including activities that involve overt laws and regulations.Recipients and participants program fees. religious content such as worship, subrecipients shall document any religious instruction,or proselytization, objections from program participants §578.85 Limitation on use of grant funds must perform such activities and offer and prospective program participants to serve persons defined as homeless such services outside of programs that and any efforts to refer such participants under other federal laws. are supported with federal financial to alternative providers in accordance (a)Application requirement. assistance separately,in time or with the requirements of Applicants that intend to serve location, from the programs or services §578.103(a)(13).Recipients shall ensure unaccompanied youth and families with funded under this part,and that all subrecipient agreements make children and youth defined as homeless participation in any such explicitly organizations receiving program funds under other federal laws in paragraph religious activities must be voluntary for aware of these requirements. (3)of the homeless definition in§576.2 the program beneficiaries of the HUD- (5)Structures.Program funds may not must demonstrate in their application, funded programs or services. be used for the acquisition, to HUD's satisfaction,that the use of (3)Religious identity.A faith-based construction,or rehabilitation of grant funds to serve such persons is an organization that is a recipient or structures to the extent that those equal or greater priority than serving subrecipient of Continuum of Care structures are used for explicitly persons defined as homeless under program funds is eligible to use such religious activities.Program funds may paragraphs(1), (2),and(4) of the Packet Page-1834- 9/10/2013 16.F.1 . 45462 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations definition of homeless in§576.2.To §578.93 Fair Housing and Equal addiction treatment,domestic violence demonstrate that it is of equal or greater Opportunity. services,or a high intensity package priority,applicants must show that it is (a)Nondiscrimination and equal designed to meet the needs of hard-to- equally or more cost effective in meeting opportunity requirements.The reach homeless persons).While the the overall goals and objectives of the nondiscrimination and equal housing may offer services for a plan submitted under section opportunity requirements set forth in 24 particular type of disability,no 427(b)(1)(B)of the Act,especially with CFR 5.105(a)are applicable, otherwise eligible individuals with respect to children and unaccompanied (b)Housing for specific disabilities or families including an youth. subpopulations.Recipients and individual with a disability,who may (b) Limit.No more than 10 percent of subrecipients may exclusively serve a benefit from the services provided may the funds Limit.No more e than 1 e percent within particular homeless subpopulation in be excluded on the grounds that they do a single s awarded of recipients geographic transitional or permanent housing if the not have a particular disability. area may be used to serve such persons. housing addresses a need identified by (c)Affirmatively furthering fair Y p the Continuum of Care for the housing.A recipient must implement its (c)Exception.The 10 percent geographic area and meets one of the programs in a manner that affirmatively limitation does not apply to following: furthers fair housing,which means that Continuums in which the rate of (1)The housing may be limited to one the recipient must: homelessness,as calculated in the most sex where such housing consists of a (1)Affirmatively market their housing recent point-in-time count,is less than single structure with shared bedrooms and supportive 'services to eligible one-tenth of one percent of the total or bathing facilities such that the persons regardless of race,color, population. considerations of personal privacy and national origin,religion,sex,age, §578.91 Termination of assistance to the physical limitations of the familial status,or handicap who are program participants, configuration of the housing make it least likely to apply in the absence of appropriate for the housing to be limited special outreach,and maintain records (a) Termination of assistance.The to one sex; of those marketing activities; recipient or subrecipient may terminate (2)The housing may be limited to a (2)Where a recipient encounters a assistance to a program participant who specific subpopulation,so long as condition or action that impedes fair violates program requirements or admission does not discriminate against housing choice for current or conditions of occupancy.Termination any protected class under federal prospective program participants, under this section does not bar the nondiscrimination laws in 24 CFR 5.105 provide such information to the recipient or subrecipient from providing (e.g.,the housing may be limited to jurisdiction that provided the further assistance at a later date to the homeless veterans,victims of domestic certification of consistency with the same individual or family. violence and their children, or Consolidated Plan;and (b)Due process.In terminating chronically homeless persons and (3)Provide program participants with assistance to a program participant,the families). information on rights and remedies recipient or subrecipient must provide a (3)The housing may be limited to available under applicable federal, State formal process that recognizes the rights families( the housing has i local fair housing and civil rights n residence at laws of individuals receiving assistance least one family with a child under the under the due process of law.This Y (d)Accessibility and integrative process,at a minimum,must consist of: age of 18,the housing may exclude housing and services for persons with registered sex offenders and persons disabilities.Recipients and (1)Providing the program participant with a criminal record that includes a subrecipients must comply with the with a written copy of the program rules violent crime from the project so Long as accessibility requirements of the Fair and the termination process before the the child resides in the housing. Housing Act(24 CFR part 100),Section participant begins to receive assistance; (5)Sober housing may exclude 504 of the Rehabilitation Act of 1973(24 (2)Written notice to the program persons who refuse to sign an CFR past 8),and Titles II and Ill of the participant containing a clear statement occupancy agreement or lease that Americans with Disabilities Act,as of the reasons for termination; prohibits program participants from applicable(28 CFR parts 35 and 36).In (3)A review of the decision,in which possessing,using,or being under the accordance with the requirements of 24 the program participant is given the influence of illegal substances and/or CFR 8.4(d),recipients must ensure that opportunity to present written or oral alcohol on the premises. their program's housing and supportive objections before a person other than the (6)If the housing is assisted with services are provided in the most person(or a subordinate of that person) funds under a federal program that is integrated setting appropriate to the who made or approved the termination limited by federal statute or Executive needs of persons with disabilities. decision;and Order to a specific subpopulation,the (e)Prohibition against involuntary housing maybe limited to that family separation.The age and gender (4)Prompt written notice of the final subpopulation(e.g.,housing also of a child under age 18 must not be used decision to the program participant. assisted with funding from the Housing as a basis for denying any family's (c)Hard-to-house populations. Opportunities for Persons with AIDS admission to a project that receives Recipients and subrecipients that are program under 24 CFR part 574 may be funds under this part. providing permanent supportive limited to persons with acquired housing for hard-to-house populations immunodeficiency syndrome or related §578.95 Conflicts of interest. of homeless persons must exercise diseases). (a)Procurement.For the procurement judgment and examine all extenuating (7)Recipients may limit admission to of property(goods,supplies,or circumstances in determining when or provide a preference for the housing equipment)and services,the recipient violations are serious enough to warrant to subpopulations of homeless persons and its subrecipients must comply with termination so that a program and families who need the specialized the codes of conduct and conflict-of- participant's assistance is terminated supportive services that are provided in interest requirements under 24 CFR only in the most severe cases. the housh ' ' ' 85.36(for governments)and 24 CFR Packet Page-1835- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45463 84.42(for private nonprofit the criteria in paragraph(d)(2)(ii)of this the same interests or benefits as are Alitioe organizations). section,provided that the recipient has being made available or provided to the )Continuum of Care board satisfactorily met the threshold group or class;and members.No Continuum of Care board requirements of paragraph(d)(2)(ii)of (G)Any other relevant considerations, member may participate in or influence this section. discussions or resulting decisions (i) Threshold requirements.HUD will §578.97 Program income. concerning the award of a grant or other consider an exception only after the (a)Defined.Program income is the financial benefits to the organization recipient has provided the following income received by the recipient or that the member represents. documentation: subrecipient directly generated by a (c) Organizational conflict.An (A)Disclosure of the nature of the grant-supported activity. organizational conflict of interest arises conflict,accompanied by a written (b) Use.Program income earned when,because of activities or assurance,if the recipient is a during the grant term shall be retained relationships with other persons or government,that there has been public by the recipient,and added to funds organizations,the recipient or disclosure of the conflict and a committed to the project by HUD and subrecipient is unable or potentially description of how the public disclosure the recipient,used for eligible activities unable to render impartial assistance in was made;and if the recipient is a in accordance with the requirements of the provision of any type or amount of private nonprofit organization,that the this part.Costs incident to the assistance under this part,or when a conflict has been disclosed in generation of program income may be covered person's,as in paragraph(d)(1) accordance with their written code of deducted from gross income to calculate of this section,objectivity in performing conduct or other conflict-of-interest program income,provided that the costs work with respect to any activity policy;and have not been charged to grant funds. assisted under this part is or might be (B)An opinion of the recipient's (c)Rent and occupancy charges. otherwise impaired. Such an attorney that the interest for which the Rents and occupancy charges collected organizational conflict would arise exception is sought would not violate from program participants are program when a board member of an applicant State or local law,or if the subrecipient income. In addition,rents and in decision of the applicant occupancy charges collected from participates PP is a private nonprofit organization,the residents of transitional housing may be concerning the award of a grant,or exception would not violate the reserved,in whole or in part,to assist provision of other financial benefits,to organization's internal policies. P the organization that such member (ii)Factors to be considered for the residents from whom they are represents.It would also arise when an exceptions.In determining whether to collected to move to permanent employee of a recipient or subrecipient grant a requested exception after the housing. participates in making rent recipient has satisfactorily met the §578.99 Applicability of other federal reasonableness determinations under threshold requirements under paragraph requirements. §578.49(b)(2)and§578.51(g)and (c)(3)(i)of this section,HUD must In addition to the requirements set housing quality inspections of property `' ' g q Y� P P P Y conclude that the exception will serve forth in 24 CFR part 5,use of assistance under§578.75(b)that the recipient, to further the purposes of the provided under this part must comply subrecipient,or related entity owns. Continuum of Care program and the with the following federal requirements: (d)Other conflicts.For all other effective and efficient administration of (a)Environmental review.Activities transactions and activities,the following the recipient's or subrecipient's project, under this part are subject to restrictions apply: taking into account the cumulative environmental review by HUD under 24 (1)No covered person,meaning a effect of the following factors,as CFR part 50 as noted in§578.31. person who is an employee, agent, applicable: (b)Section 6002 of the Solid Waste consultant,officer,or elected or (A)Whether the exception would Disposal Act.State agencies and appointed official of the recipient or its provide a significant cost benefit or an agencies of a political subdivision of a subrecipients and who exercises or has essential degree of expertise to the state that are using assistance under this exercised any functions or program or project that would otherwise part for procurement,and any person responsibilities with respect to activities not be available; contracting with such an agency with assisted under this part,or who is in a (B)Whether an opportunity was respect to work performed under an position to participate in.a decision- provided for open competitive bidding assisted contract,must comply with the making process or gain inside or negotiation; - requirements of Section 6003 of the information with regard to activities (C)Whether the affected person has Solid Waste Disposal Act,as amended assisted under this part,may obtain a withdrawn from his or her functions, by the Resource Conservation and financial interest or benefit from an responsibilities, or the decision-making Recovery Act.In accordance with assisted activity,have a financial process with respect to the specific Section 6002,these agencies and interest in any contract,subcontract,or activity in question; persons must: agreement with respect to an assisted (D)Whether the interest or benefit (1)Procure items designated in activity,or have a financial interest in was present before the affected person guidelines of the Environmental the proceeds derived from an assisted was in the position described in Protection Agency(EPA) at 40 CFR part activity,either for him or herself or for paragraph(c)(1)of this section; 247 that contain the highest percentage those with whom he or she has (E)Whether undue hardship will of recovered materials practicable, immediate family or business ties, result to the recipient,the subrecipient, consistent with maintaining a during his or her tenure or during the or the person affected,when weighed satisfactory level of competition,where one-year period following his or her against the public interest served by the purchase price of the item exceeds tenure. avoiding the prohibited conflict; $10,000 or the value of the quantity (2)Exceptions.Upon the written (F)Whether the person affected is a acquired in the preceding fiscal year request of the recipient,HUD may grant member of a group or class of persons exceeded$10,000; . an exception to the provisions of this intended to be the beneficiaries of the (2)Procure solid waste management section on a case-by-case basis,taking assisted activity,and the exception will services in a manner that maximizes into account the cumulative effects of permit such person to receive generally energy and resource recovery;and Packet Page -1836- 9/10/2013 16.F.1 . 45464 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (3)Must have established an (i)Section 3 of the Housing and establishing and operating a Continuum affirmative procurement program for the Urban Development Act.Recipients and of Care: procurement of recovered materials subrecipients must,as applicable, (i)Evidence that the Board selected by identified in the EPA guidelines. comply with Section 3 of the Housing the Continuum of Care meets the (c) Transparency Act Reporting. and Urban Development Act of 1968 requirements of§578.5(b); Section 872 of the Duncan Hunter and its implementing regulations at 24 (ii)Evidence that the Continuum has Defense Appropriations Act of 2009, CFR part 135,as applicable. been established and operated as set and additional requirements published forth in subpart B of this part,including by the Office of Management and Subpart G--Grant Administration published agendas and meeting Budget(OMB),requires recipients to minutes,an approved Governance report subawards made either as pass- §578.101 Technical assistance. Charter that is reviewed and updated through awards,subrecipient awards,or (a)Purpose.The purpose of annually,a written process for selecting vendor awards in the Federal Continuum of Care technical assistance a board that is reviewed and updated at Government Web site www.fsrs.gov or is to increase the effectiveness with least once every 5 years,evidence its successor system.The reporting of which Continuums of Care,eligible required for designating a single HMIS award and subaward information is in applicants,recipients,subrecipients, for the Continuum,and monitoring accordance with the requirements of the and UFAs implement and administer reports of recipients and subrecipients; Federal Financial Assistance their Continuum of Care planning (iii )Evidence that the Continuum has Accountability and Transparency Act of process;improve their capacity to prepared the application for funds as set 2006,as amended by section 6202 of prepare applications;prevent the forth in§578.9,including the Public Law 110-252 and in OMB Policy separation of families in projects funded designation of the eligible applicant to Guidance issued to the federal agencies under the Emergency Solutions Grants, be the collaborative applicant. on September 14,2010(75 FR 55669). Continuum of Care,and Rural Housing (2) Unified funding agency records. (d)The Coastal Barrier Resources Act Stability Assistance programs;and UFAs that requested grant amendments of 1982(16 U.S.C.3501 et seq.)may adopt and provide best practices in from HUD,as set forth in§578,,105, apply to proposals under this part, housing and services for persons must keep evidence that the grant depending on the assistance requested. experiencing homelessness. amendment was approved by the (e)Applicability of OMB Circulars. (b)Defined.Technical assistance Continuum.This evidence may include The requirements of 24 CFR part 85— means the transfer of skills and minutes of meetings at which the grant Administrative Requirements for Grants knowledge to entities that may need,but amendment was discussed and and Cooperative Agreements to State, do not possess,such skills and approved. Local,and Federally Recognized Indian knowledge.The assistance may include, (3)Homeless status.Acceptable Tribal Governments and 2 CFR part but is not limited to,written evidence of the homeless as status is set 225—Cost Principles for State,Local information such as papers,manuals, forth in 24 CFR 576.500(b). and Indian Tribal Governments(OMB guides,and brochures;person-to-person (4)At risk of homelessness status.For Circular A-87)--apply to governmental exchanges;web-based curriculums, those recipients and subrecipients that recipients and subrecipients except training and Webinars,and their costs. serve persons at risk of homelessness, where inconsistent with the provisions (c)Set-aside.HUD may set aside the recipient or subrecipient must keep of this part.The requirements of 24 CFR funds annually to provide technical records that establish"at risk of part 84—Uniform Administrative assistance,either directly by HUD staff homelessness"status of each individual Requirements for Grants and or indirectly through third-party or family who receives Continuum of Agreements with Institutions of Higher providers. Care homelessness prevention Education,Hospitals,and Other Non- (d)Awards.From time to time,as assistance.Acceptable evidence is Profit Organizations;2 CFR part 230— HUD determines the need,HUD may found in 24 CFR 576.500(c), Cost Principles for Non-Profit advertise and competitively select (5)Records of reasonable belief of Organizations(OMB Circular A-122); providers to deliver technical imminent threat of harm.For each and 2 CFR part 220—Cost Principles for assistance.HUD may enter into program participant who moved to a Education Institutions apply to the • contracts,grants,or cooperative different Continuum of Care due to nonprofit recipients and subrecipients, agreements,when necessary,to imminent threat of further domestic except where inconsistent with the implement the technical assistance. violence,dating violence,sexual provisions of the McKinney-Vent°Act HUD may also enter into agreements assault,or stalking under§578.51(c)(3), or this part. with other federal agencies for awarding each recipient or subrecipient of (f)Lead-based paint.The Lead-Based the technical assistance funds. assistance under this part must retain: Paint Poisoning Prevention Act(42 (i)Documentation of the original U.S.C.4821-4846),the Residential §578.103 Recordkeeping requirements. incidence of domestic violence,dating Lead-Based Paint Hazard Reduction Act (a)In general.The recipient and its violence,sexual assault,or stalking, of 1992 (42 U.S.C.4851-4856),and subrecipients must establish and only if the original violence is not implementing regulations at 24 CFR part maintain standard operating procedures already documented in the program 35,subparts A,B,H,J,K,M,and R for ensuring that Continuum of Care participant's case file.This may be apply to activities under this program. program funds are used in accordance written observation of the housing or (g)Audit.Recipients and with the requirements of this part and service provider;a letter or other subrecipients must comply with the must establish and maintain sufficient documentation from a victim service audit requirements of OMB Circular A– records to enable HUD to determine provider,social worker,legal assistance 133, "Audits of States;Local whether the recipient and its provider,pastoral counselor,mental Governments,and Non-profit subrecipients are meeting the health provider,or other professional Organizations." requirements of this part,including: from whom the victim has sought (h)Davis-Bacon Act.The provisions (1)Continuum of Care records.Each assistance;medical or dental records; of the Davis-Bacon Act do not apply to collaborative applicant must keep the court records or law enforcement this program. following - ' to records;or written certification by the Packet Page-1837- 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45465 program participant to whom the subrecipient must keep records for each must maintain copies of their marketing, violence occurred or by the head of program participant that document: outreach,and other materials used to household. (i)The services and assistance inform eligible persons of the program (ii)Documentation of the reasonable provided to that program participant, to document compliance with the belief of imminent threat of further including evidence that the recipient or requirements in§578.93(c). domestic violence,dating violence,or subrecipient has conducted an annual (15) Other federal requirements.The sexual assault or stalking,which would assessment of services for those program recipient and its subrecipients must include threats from a third-party,such Participants that remain in the program document their compliance with the as a friend or family member of the for more than a year and adjusted the federal requirements in§578.99,as perpetrator of the violence.This may be service package accordingly,and applicable. written observation by the housing or including case management services as (16)Subrecipients and contractors. (i) service provider;a letter or other provided in§578.37(a)(1)(ii)(F);and The recipient must retain copies of all documentation from a victim service (ii)Where applicable,compliance solicitations of and agreements with provider,social worker,legal assistance with the termination of assistance subrecipients,records of all payment provider,pastoral counselor,mental requirement in§578.91. requests by and dates of payments made health provider, or other professional (8)Housing standards.The recipient to subrecipients,and documentation of from whom the victim has sought or subrecipient must retain all monitoring and sanctions of assistance;current restraining order; documentation of compliance with the subrecipients,as applicable. recent court order or other court housing standards in§578.75(h), (ii)The recipient must retain records;Iaw enforcement report or including inspection reports. documentation of monitoring records; communication records from (9) Services provided.The recipient or subrecipients,including any monitoring the perpetrator of the violence or family subrecipient must document the types findings and corrective actions required. members or friends of the perpetrator of of supportive services provided under (iii)The recipient and its the violence,including emails, the recipient's program and the amounts subrecipients must retain copies of all voicemails,text messages, and social spent on those services.The recipient or procurement contracts and media posts; or a written certification by subrecipient must keep record that these documentation of compliance with the the program participant to whom the records were reviewed at least annually procurement requirements in 24 CFR violence occurred or the head of and that the service package offered to 85.36 and 24 CFR part 84. program participants was adjusted as (17) Other records specified b HUD. household. by (6)Annual income. For each program necessary. The recipient and subrecipients must participant who receives housing (10)Match.The recipient must keep keep other records specified by HUD. records of the source and use of (b) Confidentiality.In addition to assistance where rent or an occupancy contributions made to satisfy the match meeting the specific confidentiality and Agatt charge is paid by the program requirement in §578.73.The records security requirements for HMIS data, participant,the recipient or subrecipient must indicate the grant and fiscal year the recipient and its subrecipients must must keep the following documentation for which each matching contribution is develop and implement written of annual income: counted.The records must show how procedures to ensure: (i)Income evaluation form specified the value placed on third party in-kind (1)All records containing protected by HUD and completed by the recipient contributions was derived.To the extent identifying information of any or subrecipient;and feasible,volunteer services must be individual or family who applies for (ii)Source documents(e.g.,most supported by the same methods that the and/or receives Continuum of Care recent wage statement,unemployment organization uses to support the assistance will be kept secure and compensation statement,public benefits allocation of regular personnel costs. confidential; statement,bank statement)for the assets (11) Conflicts of interest.The held by the program participant and � f (2)The address or location of any y P gr P P recipient and its subrecipients must family violence project assisted with income received before the date of the keep records to show compliance with Continuum of Care funds will not be evaluation; the organizational conflict-of-interest made public,except with written (iii)To the extent that source requirements in§578.95(c),the authorization of the person responsible documents are unobtainable,a written Continuum of Care board conflict-of- for the operation of the project;and statement by the relevant third party interest requirements in§578.95(b),the (3)The address or location of any (e.g.,employer,government benefits other conflict requirements in housing of a program participant will administrator)or the written §578.95(d),a copy of the personal not be made public,except as provided certification by the recipient's or conflict-of-interest policy developed under a preexisting privacy policy of the subrecipient's intake staff of the oral and implemented to comply with the recipient or subrecipient and consistent verification by the relevant third party requirements in§578.95,and records with State and local laws regarding of the income the program participant supporting exceptions to the personal privacy and obligations of received over the most recent period;or conflict-of-interest prohibitions. confidentiality; (iv)To the extent that source (12)Homeless participation.The (c)Period of record retention.All documents and third-party verification recipient or subrecipient must records pertaining to Continuum of Care are unobtainable,the written document its compliance with the funds must be retained for the greater of certification by the program participant homeless participation requirements 5 years or the period specified below. of the amount of income that the under§578.75(g). Copies made by microfilming, program participant is reasonably (13)Faith-based activities.The photocopying,or similar methods may expected to receive over the 3-month recipient and its subrecipients must be substituted for the original records. Allik period following the evaluation. document their compliance with the (i)Documentation of each program (7)Program participant records.In faith-based activities requirements participant's qualification as a family or ;, : addition to evidence of"homeless" under§578.87(b). individual at risk of homelessness or as status or"at-risk-of-homelessness" (14)Affirmatively Furthering Fair a homeless family or individual and status,as applicable,the recipient or Housing.Recipients and subrecipients other program participant records must Packet Page -1838- 9/10/2013 16.F.1 . • 45466 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations • be retained for 5 years after the proposed reduction in the total number other sources,including citizen expenditure of all funds from the grant of units funded under the grant. comments,complaint determinations, under which the program participant (2)Approval of substitution of the and litigation. was served;and recipient is contingent on the new (2)If HUD determines preliminarily (2)Where Continuum of Care funds recipient meeting the capacity criteria in that the recipient or one of its are used for the acquisition,new the NOFA under which the grant was subrecipients has not complied with a construction,or rehabilitation of a awarded,or the most recent NOFA. program requirement,IIUD will give the project site,records must be retained Approval of shifting funds between recipient notice of this determination until 15 years after the date that the activities and changing subpopulations and an opportunity to demonstrate, project site is first occupied,or used,by is contingent on the change being within the time prescribed by HUD and program participants. necessary to better serve eligible persons on the basis of substantial facts and data (d)Access to records.(1)Federal within the geographic area and ensuring that the recipient has complied with the Government rights.Notwithstanding the that the priorities established under the requirements.HUD may change the confidentiality procedures established NOFA in which the grant was originally method of payment to require the under paragraph(b)of this section, awarded,or the most recent NOFA,are recipient to submit documentation HUD,the HUD Office of the Inspector met. before payment and obtain HUD's prior General,and the Comptroller General of (b)For Continuums having more than approval each time the recipient draws the United States,or any of their one recipient.(1)The recipients or down funds.To obtain prior approval, authorized representatives,must have subrecipients may not make any the recipient may be required to the right of access to all books, significant changes to a project without manually submit its payment requests documents,papers,or other records of prior HUD approval,evidenced by a and supporting documentation to HUD the recipient and its subrecipients that grant amendment signed by HUD and in order to show that the funds to be are pertinent to the Continuum of Care the recipient.Significant changes drawn down will be expended on grant,in order to make audits, include a change of recipient,a change eligible activities in accordance with all examinations,excerpts,and transcripts. of project site,additions or deletions in program requirements. These rights of access are not limited to the types of eligible activities approved (3)If the recipient fails to demonstrate the required retention period,but last as for a project,a shift of more than 10 to HUD's satisfaction that the activities long as the records are retained. percent from one approved eligible were carried out in compliance with (2)Public rights.The recipient must activity to another,a reduction in the program requirements,HUD may take provide citizens,public agencies,and number of units,and a change in the one or more of the remedial actions or other interested parties with reasonable subpopulation served. sanctions specified in paragraph(b)of access to records regarding any uses of (2)Approval of substitution of the this section. Continuum of Care funds the recipient recipient is contingent on the new (b)Remedial actions and sanctions. received during the preceding 5 years, recipient meeting the capacity criteria in Remedial actions and sanctions for a consistent with State and local laws the NOFA under which the grant was failure to meet a program requirement regarding privacy and obligations of awarded,or the most recent NOFA. will be designed to prevent a confidentiality and confidentiality Approval of shifting funds between continuation of the deficiency;to requirements in this part. activities and changing subpopulations mitigate,to the extent possible,its (e)Reports.In addition to the is contingent on the change being ' adverse effects or consequences;and to reporting requirements in 24 CFR parts necessary to better serve eligible persons prevent its recurrence. 84 and 85,the recipient must collect within the geographic area and ensuring (1)HUD may instruct the recipient to and report data on its use of Continuum that the priorities established under the submit and comply with proposals for of Care funds in an Annual Performance NOFA in which the grant was originally action to correct,mitigate,and prevent Report(APR),as well as in any awarded,or the most recent NOFA,are noncompliance with program additional reports as and when required met. requirements,including: by HUD.Projects receiving grant funds (c)Documentation of changes not (i)Preparing and following a schedule only for acquisition,rehabilitation,or requiring a grant amendment.Any other of actions for carrying out activities and new construction must submit APRs for changes to an approved grant or project projects affected by the noncompliance, 15 years from the date of initial must be fully documented in the including schedules,timetables,and occupancy or the date of initial service recipient's or subrecipient's records. milestones necessary to implement the provision,unless HUD provides an §578.107 Sanctions. affected activities and projects; exception under§578.81(e). (ii)Establishing and following a (a)Performance reviews.(1)HUD will management plan that assigns §578.105 Grant and project changes. review the performance of each responsibilities for carrying out the (a)For Unified Funding Agencies and recipient in carrying out its - remedial actions; Continuums having only one recipient. responsibilities under this part,with or [iii)Canceling or revising activities or (1)The recipient may not make any without prior notice to the recipient.In projects likely to be affected by the significant changes without prior HUD conducting performance reviews,HUD noncompliance,before expending grant approval,evidenced by a grant will rely primarily on information funds for them; amendment signed by HUD and the obtained from the records and reports (iv)Reprogramming grant funds that recipient. Significant grant changes from the recipient and subrecipients,as have not yet been expended from include a change of recipient,a shift in well as information from on-site affected activities or projects to other a single year of more than 10 percent of monitoring,audit reports,and eligible activities or projects; the total amount awarded under the information generated from HUD's (v)Suspending disbursement of grant grant for one approved eligible activity financial and reporting systems(e.g., funds for some or all activities or category to another activity and a LOCCS and a-snaps)and HMIS.Where projects; permanent change in the subpopulation applicable,HUD may also consider (vi)Reducing or terminating the served by any one project funded under relevant information pertaining to the remaining grant of a subrecipient and the grant,as well as a permanent recipient Packet Page -1839-om either reallocating those funds to other 9/10/2013 16.F.1 . Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45467 subrecipients or returning funds to other funded activities cannot (1)Identification of any closeout costs OW, HUD;and reasonably be expected to be expended or contingent liabilities subject to (vii)Making matching contributions for eligible costs during the remaining payment with Continuum of Care before or as draws are made from the term of the grant; program funds after the closeout recipient's grant. (3)If the actual total cost of agreement is signed; (2)HUD may change the method of acquisition,rehabilitation,or new (2)Identification of any unused grant payment to a reimbursement basis. construction for a project is less than the funds to be deobligated by HUD; (3)HUD may suspend payments to total cost agreed to in the grant the extent HUD determines necessary to g g g (3 income deposit in any program preclude tfurther expenditure of y agreement; income an deposi#in financial funds for the ee further activities expenditure it or projects. (4)If the actual annual leasing costs, institutions at the time the closeout (4)HUD may continue es grant ects. operating costs,supportive services agreement is signed; a substitute recipient u HUD's costs,rental assistance costs,or HMIS (4)Description of the recipient's costs are less than the total cost agreed responsibility after closeout for: choosing. - to in the grant agreement for a one-year (i) Compliance with all program (5)HUD may deny matching credit for period; requirements in using program income all or part of the cost of the affected q g P activities and require the recipient to (5)Program participants have not on deposit at the time the closeout make further matching contributions to moved into units within 3 months of the agreement is signed and in using any make up for the contribution time that the units are available for other remaining Continuum of Care occupancy;and program funds available for closeout determined to be ineligible. P ro g (6)HUD may require the recipient to (6)The grant agreement may set forth costs and contingent liabilities; reimburse the recipient's line of credit in detail other circumstances under (ii) Use of real property assisted with in an amount equal to the funds used for which funds may be deobligated and Continuum of Care program funds in the affected activities. other sanctions may be imposed, accordance with the terms of (7)HUD may reduce or terminate the §578.109 Closeout. commitment and principles; remaining grant of a recipient. (iii)Use of personal property (8)HUD may condition a future grant. (a)In general.Grants will be closed purchased with Continuum of Care (9)HUD may take other remedies that out in accordance with the requirements program funds;and are legally available. of 24 CFR parts 84 and 85,and closeout g y (iv)Compliance with requirements b (c)Recipient sanctions.If the procedures established by HUD. governing program income received recipient determines that a subrecipient (b)Reports.Applicants must submit subsequent to grant closeout. is not complying with a program all reports required by HUD no later requirement or its subrecipient than 90 days from the date of the end (5)Other provisions appropriate to q P any special circumstances of the grant Alik agreement,the recipient must take one of the project's grant term. closeout,in modification of or in of the actions listed in paragraphs (a) (c) Closeout agreement.Any addition to the obligations in paragraphs and (b) of this section. obligations remaining as of the date of (d)Deobligation.HUD may deobligate the closeout must be covered by the (c)(1)through(4)of this section. funds for the following reasons: terms of a closeout agreement.The Dated:June 28,2012, (1)If the timeliness standards in agreement will be prepared by HUD in Mark Johnston, §578.85 are not met; consultation with the recipient.The Assistant Secretary for Community Planning (2)If HUD determines that delays agreement must identify the grant being and Development(Acting). completing construction activities for a closed out,and include provisions with (FR Doc.2012-17546 Filed 7-30-12;8:45 am] project will mean that the funds for respect to the following: BILLING CODE 4210-67-P . Packet Page-1840- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to reject the single proposal received for Request for Proposal (RFP) #13-6063 "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3" OBJECTIVE: To re-solicit the Request for Proposal in an effort to receive additional proposals. CONSIDERATIONS: On April 11, 2013, the Purchasing Department sent out notices for RFP #13- 6063 "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3." Forty five (45) companies (out of 1,289 notices sent) downloaded the bid package. The County received only one (1) proposal on May 3, 2013, from Hole Montes Inc. After only receiving the one response, staff contacted the 12 firms who downloaded the specifications and met the minimum qualification to inquire with the firms about their decision not to submit a proposal for RFP 13-6063. Overall it appears that the firms who did not respond to the request have staffing issues that prohibited them from performing the work outlined in the RFP. Staff recommends that this RFP go back out for a second solicitation in order to make every effort to be fully compliant with Florida Statutes § 287.055(4)(b), the Consultants' Competitive Negotiation Act (CCNA),which provides in part: (b) The agency shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. Although the possibility exists that a re-solicitation may still only result in receiving a single proposal, many other jurisdiction view it as a sound practice to re-solicit a second time in order to exhaust reasonable efforts to garner additional proposal before making a selection with fewer than three firms. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: There is no fiscal impact in the approval of this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners reject the one (1)response received for RFP #13-6063 for "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3,"and authorizes Staff to reissue a modified solicitation. Prepared By: Darryl Richard, RLA,Project Manager,ATM Department Packet Page -1841- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to reject the single proposal received for Request for Proposal (RFP)#13-6063 "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3" Meeting Date: 7/23/2013 Prepared By Approved By Name: BrilhartBrenda Title: Purchasing Agent,Purchasing&General Services Date: 7/22/2013 2:08:36 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 2:48:56 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 7/22/2013 3:02:05 PM Name: Scott Trinity Date: 7/22/2013 3:52:28 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/22/2013 7:44:10 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 7/24/2013 8:44:42 AM Name: KlatzkowJeff Amok Title: County Attorney Packet Page-1842- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve four (4) satisfactions of mortgage for State Housing Initiatives Partnership Program(SHIP)in accordance with the Board's Short Sale Policy, accepting$2,969.70 to satisfy the total value of the intial SHIP mortgage($36,542). OBJECTIVE: Approve and authorize the County Manager to sign four satisfactions of mortgage. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing grant, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. On February 28, 2012, Agenda Item 16.D.7, the Board of County Commissioners approved a Short Sale Policy for the SHIP program. The Short Sale Policy provides a settlement amount towards the down payment assistance in the amount of 6% of the Collier County loan amount or $6,000.00 (whichever is less but never less than $500) in an effort to facilitate a Short Sale. The recipient, as the seller of the property,must not receive funds from the short sale. The following table contains relevant details. The recipients received no funds from the short sale as evidenced by the HUD1. Recipient Name First Mortgage First Mortgage SHIP Mortgage Payoff Amount Public Record&date of Accepted Payoff Public Record&date of the second mortgage mortgage signed HUD1 Line 504 mortgage signed HUD1 Line 505 Cone J.Williams&Isiah Billie Williams $135,278.00 $81,771.40 $4,547.00 $500.00 OR:4412/PG:4044 OR:4412/PG:4054 12/11/2008 12/11/2008 Jessica Camacho $85,000.00 $54,703.06 $2,500.00 $500.00 OR:2583/PG:0524 0R:2583/PG:0535 08/18/1999 08/18/1999 Aisling A.Swift $143,000.00 $34,399.62 $24,495.00 $1,469.70 OR:4083/PG:2487 OR:4083/PG:2507 08/04/2006 08/04/2006 Jose Nieves Ramirez& Maria J.Mendoza- Ramirez $93,500.00 $46,105.45 $5,000.00 $500.00 OR:3386/PG:0379 OR:3386/PG:0385 09/02/2003 09/02/2003 Total $2,969.70 Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Approval of this item will authorize the County Manager to sign the aforementioned satisfactions of mortgage for recording in the Public Records of Collier County, Florida. FISCAL IMPACT: SHIP funds in the amount of$1,000.00 have been repaid and will reside in SHIP Grant Fund 791,Project 33222, also $1,969.70 have been repaid and will reside in SHIP Grant Fund 791, Packet Page-1843- 9/10/2013 16.F.1 . Project 33258.1 and are considered program income. Such funds may be reused for eligible SHIP Asysc program activities. The ten$10.00 dollar recording fee will be paid by each of the recipients. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.—JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Approve and authorize the County Manager to sign four satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of the Short Sale Policy. Prepared By: Wendy Klopf,Operations Coordinator,Housing,Human and Veteran Services Packet Page-1844- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve four(4) mortgage satisfactions for State Housing Initiative Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, accepting$2,969.70 to satisfy the total value of the intial SHIP mortgages ($36,542). Meeting Date: 7/23/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human&Veteran Se 7/22/2013 2:22:49 PM Submitted by Title: Operations Coordinator,Housing,Human&Veteran Se Name: KlopfWendy 7/22/2013 2:22:50 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 2:38:04 PM Name: MesaNancy Title: Accountant,Housing,Human&Veteran Services Date: 7/22/2013 2:49:34 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 3:48:37 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 3:49:49 PM Packet Page -1845- 9/10/2013 16.F.1 . Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/22/2013 3:55:42 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 7/22/2013 5:01:26 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/22/2013 7:40:08 PM Name: KlatzkowJeff Title: County Attorney Date: 7/23/2013 1:32:05 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 7/23/2013 3:09:29 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/24/2013 9:26:32 AM Name: OchsLeo Title: County Manager Date: 7/26/2013 11:48:09 AM A Packet Page-1846- 9/10/2013 16.F.1 . Prepared by: Collier County Housing,Human&Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Code J Williams & Isiah Billie Williams to COLLIER COUNTY, bearing the date of December 3,2008,recorded December 11,2008 , in Official Records Book 4412,Page 4054,of the Public Records of Collier County, Florida, securing a principal sum of$4,547.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk Leo E Ochs,COUNTY MANAGER Approved as to form and legality: Jennifer A. Belpe io Assistant County Attorney Packet Page-1847- 9/10/2013 16.F.1 . Prepared by: Collier County Housing,Human&Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Jessica Camacho to COLLIER COUNTY, bearing the date of August 12, 1999, recorded August 18, 1999 , in Official Records Book 2583, Page 0535, of the Public Records of Collier County, Florida, securing a principal sum of$2,500.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item I 6.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Leo E Ochs,COUNTY MANAGER Approved as to form and legality: Jennirer A. Belpedio Assistant County Attorney Packet Page-1848- 9/10/2013 16.F.1 . Prepared by: Collier County Housing,Human&Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Aisling A. Swift to COLLIER COUNTY, bearing the date of July 28, 2006, recorded August 4, 2006 , in Official Records Book 4083, Page 2507, of the Public Records of Collier County, Florida, securing a principal sum of$24,495.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Leo E Ochs, COUNTY MANAGER Approved as to form and legality: Jennattr A. Belped Assistant County Attorney Packet Page -1849- 9/10/2013 16.F.1 . Alb Prepared by: Collier County Housing.Human&Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Jose Nieves Ramirez& Maria J. Mendoza-Ramirez to COLLIER COUNTY, bearing the date of August 28, 2003, recorded September 09, 2003 , in Official Records Book 3386, Page 0385, of the Public Records of Collier County, Florida, securing a principal sum of$5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013,Agenda Item Number . ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Leo E Ochs, COUNTY MANAGER Approved as to form and legality: Jennifer A. Belpedi, Assistant County Attorney Allow Packet Page-1850- Mtn: 4240344 OR: 4412 PG: 4054 SMLTH HIATT IT AL RECORDID in the OFFICIAL REWORDS of COLLIER COUNT 9/10/2013 16.F.1 . PO P0I 11438 12/11/2008 at 12:40PM DWIGHT B. BROCI, CLIRI O8LI 4547.00 FORT LADDIRDALI FL 33339 1438 SECOND MORTGAGE RIC !II 35,50 DOC-,35 16.10 THIS DOCUMENT IS EXEMPT FROM PAYMENT OF INTANGIBLE RECORDING TAX BY REGULATION OF THE DEPARTMENT OF REVENUE 12C-2.003(3). THIS SECOND MORTGAGE("Security Instrument")is given on .3 ,2008. The Second Mortgagor is: Cone J Williams,a married woman joined by her spouse, Isiah Billie Williams ("Borrower'). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Four Thousand Five Hundred Forty Seven and 00/100 Dollars ($4,547.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as GOLDEN GATE EST UNITT1y4 EI7SFT OF W �p FtOgdR 3D,Co(liedr County Florida and which has the address of: The east 75 feet of the West 1.5u eet of irac o Olden a e Estates Unit No. 28 According to the �lalat thereof as recorded in Plat Book 7, page 19 of the public ("PropertyAddress"): 3410 27 Ave SW, Naples, FL 34117 records of Collier County, Florida • TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument All of the foregoing is referred to in this Security Instrument as the"Property". • BORROWER COVENANTS that Borrower is lawfully Ofttre-estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbar�dk"e"* r uiltbrar�oes of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,aseb)eefze-amy ehcuir arke,.b(,record. THIS SECURITY INSTRUMENT combines ugtfmhil covenants for nationalristand non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrurpen'tmdering real property. UNIFORM COVENANTS. Borrower arid Lepdec-eevenagt and agree as follows: 1. Payment of Principal and Interest;Prepayment,andti%Chats. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. / 1-7—\ \ s, 2. Taxes. The Mortgagor will pay all taxa 'se r— s. t 'rates prior to the accrual of any penalties or interest thereon. j �✓ j The Mortgagor shall pay or cause to be U id,as s. ee re pent,ely be rr dr�e;jA;(1)all taxes and governmental charges of any kind whatsoever which may at any time be laN ul y1, seed• ed' or the Property,(2)all utility and other charges, including"service charges",incurred or impos t the operation,maintenarlpg,use,,occtl(i$71Dy,upkeep and improvement of the Property,and (3)all assessments or other governmental cha Atbet may lawfully be paid iOistalirneetrever a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause td\b(paid only such installment are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foreoeini,sfforward to Mortgagee evieeeceiet'such payment 3. Application of Payments. Unless appliceble'aw provides other otheriviseeareerients received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any IateeNaige due_unde,r Niit,..\ 4. Charges;Liens. Borrower shall pay all taxes'asses nts;cttar ess,...fities and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payme r'gro to rents,if any. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damag - __:..�_ _„_....-q Property to deteriorate,or commit waste on the Packet Page-1851- CIJ�v OR: Amin r 10/2013 16.F.1 . Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lenders good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lenders good faith determination,precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums-securedh this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums.seiiur6d i0,tlts. ay-instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount4Uhe.,srltt5s secure etliately,before the taking divided by(b)the fair market value of the Property immediately before the taking. Any beta shall be paid to BorrOweif 1n'ttte event of a partial taking of the Property in which the fair market value of the Property immediately befe fethe taking is less than the ar oOnt o'f the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in Writingior_unlessapplicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums Are therrdue-h)dless Lender and`Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postponethe,duedate of the monthly payments referred to in paragraphs 1 or change the amount of such payments. / f 571 i 11. Borrower Not Released,Forbearar pe By L, der f of W 5i 5gteg4ionof the time for payment or modification of amortization of the sums secured by this S rity Ilst mer,)f<gr nted bb 'e r to aby successor;in interest of Borrower shall not operate to release the liability of the original Borrower or ' Ate t. Lead shal,[rio;be required to commence proceedings against any successor in interest or refuse to �en6(time for payment or otherwise rribdify amortization of the sums secured by this Security Instrument by reason of any demand made by ` , riginal Borrower or Borrowerhs suocesdors:Jr interest. Any forbearance by Lender in exercising any right or remedy shall not be a waly ',or preclude the exercise` en)i right remedy. 12. Successors and Assigns Bound; And Several Liability;CoaSfgrIers.the covenants and agreements of this Security Instrument shall bind and benefit the successors arid.a s ns of Lender and Borrower+suSject to the Provisions of paragraph 17. Borrower's covenants arid. e` is shall be'oirrt andseveral. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing.thi ttirienj ri y to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is l rso oti(igated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this c•^"'^^•i.. +... °^• Tb...den may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of■Packet Page-1852-'e given written notice of the change in accordance with .Aar wn AAUP OR: 9/10/2013 16.F.1 . paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider 0 Graduated Payment Rider ❑1-4 Family Ride — -. ❑Second Home Rider ❑Balloon Rider ❑Biweekly PaymenVtr ®htanmed Unit Development Rider ❑Other(s)(specify /,-,.\•,-'� "� �.. /. SIGNING BELOW,Borrower accepts and agre4s to the t and tovenantsaptained i?t this Security Instrument and in any rider(s)executed by Borrower and recorded with it. ( / �� Signed,sealed and delivered: 0,:_ ce of: ( 1l ')O A `✓y Borrowe )Cone.#.�'i1 Tams Signature: "V I Lki lR- ! 'l a4: '+-}rJ /tom c \ \ It\-y t Witness#2: �� J. E"rt S \\+�-.`., Signature: -Q' ,?' i/u , ' j\ Co-Borrow// s . h Williams Signature: L<%� t",� ! • fir --Adder"31410 27t° Ave SW Naples, Florida 34117 STATE OF FLORIDA ire. 6 I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Code J Williams and asish WiIIla a known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this - 1h.'. . 1, i th ,20 t)S. My Commission Expires: .....,„: Notary Public's Signat ( � NOOLEBRUNGES s; . ''.'.'K: MycWSSIONtOD541026 Notary's Printed Name ;���_.+';' EPIRES:My4,2010 '.e l q, B a r a d File#: 09-057 Packet Page-1853- *" r . A A 9/10/2013 16.F.1 . , 1%J. "IVJ1 • • NOTARY ACKNOWLEDGEMENT STATE OF: L/ • COUNTY OF: 1.),11)•eectipke • • • LieThe foregoing instrument was acknowledgedAeFoo iliaK of -ceeix +9 cot / by t. jJ finames of pelsop.rncknowledsed) \- AM* who is/are personally known to me r vihdiZO'Cie (-4) as identification. ' • • (s) • My Commission expires: (Signature of Person Taking Acknowledgement) NOTARY PUBLIC-STATE OF FLORIDA lit A.J. Dennis COMMISS1011#DD835083 Expires: OCT.29,2012 BONSF.D THRII MANTIC BONDING CO.,INC. (Name of Acknmsledger Typed, Printed, or Stamped) • (Serial Number, if any) • 6(1,11-45et; 4mo. Packet Page -1854- TOWN &COUNTRY TITLE INC 9/10/2013 16.F.1 . N-v FILE #: 13-7364K AMOUNT: $500.00 DATE: 05/30/13 CODE: CK #: 23119 ALT: PAYEE: -- COLLIER COUNTY SHIP SELLER(S) -- CORIE J. WILLIAMS BUYER(S) PATRICK B. FITZPATRICK D tur PROPERTY LOCATION -- VV 3410 27TH AVE SW,NAPLES FL, 34117 JUN 0 32013 Mortgage Payoff #2 HOUSING & HUMAN SERVICES -FISe t SECTION 7) rv-- TOWN &COUNTRY TITLE INC CHASE 0 ESCROW ACCOUNT JPMorgan Chase Bank,N.A. 1575 PINE RIDGE RD,STE 11 NAPLES,FLORIDA 34109 (239)566-8908 PATRICK B. FITZPATRICK FIVE HUNDRED AND 00/100 DOLLARS *** f/T, 05/30/13 *********$500. 00* PAY TO THE COLLIER COUNTY SHIP ORDER OF t Packet Page-1855- 9/10/2013 16.F.1. A. Settlement Statement U.S.Department of Housing I I and Urban Development OMB Approval No.2502-0265 B.Type of Loan ' _ i 1.0 FHA 2.0 RHS 3.0 Cony.Unins. 6.File Number 7.Loan Number 414 getnsur'apce Case Number 13-7364K f' 4.0 VA 5,❑Cony.Ins. J F 11,): y , ..._ C.Note:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settle nt a nt are ojwn Iterrrar1: marked"(p.o.c.)"were paid outside the closing;they are shown here for information purposes and are not included.i the4otals. , ,p D.Name and Address of Borrower E.Name and Address of Seller F.Name andAddres"s of 1eder PATRICK B.FITZPATRICK CORIE J.WILLIAMS CASH ' 8951 BONITA BEACH RD STE 525-297 711 14TH AVE NW BONITA SPRINGS,FL 34135 NAPLES,FL 34120 ili G.Property Location H.Settlement Agent 3410 27TH AVE SW TOWN&COUNTRY TITLE,INC. NAPLES FL,34117 1575 PINE RIDGE ROAD,SUITE 11 Place of Settlement I,Settlement Date 1575 PINE RIDGE ROAD,SUITE 11 05/30/13 NAPLES,FLORIDA 34109 ff ...I J.SUMMARY OF BORROWER'S TRANSACTION: K.SUMMARY OF SELLER'S TRANSACTION: _ 100.GROSS AMOUNT DUE FROM BORROWER 400.GROSS AMOUNT DUE TO SELLER I 101.Contract sales price - 90,000.00 401.Contract sales price 90,000.00 102.Personal property _ 402.Personal property 103.Settlement charges to borrower(line 1400) 1,873.50 403. 104. 404. 105_ - 405, { Adjustments for items paid by seller in advance Adjustments for Items paid by seller in advance 106.City/town taxes to 406.City/town taxes to 107.County taxes to 407.County taxes to i -- - --.......----_ 108.Assessments to 408.Assessments to I 109.SOLID WASTE 05/30 to 09/30 58.94 409.SOLID WASTE 05/30 to 09/30 58,94 i 110. 410. 111. 411. 112. 1412. 120.GROSS AMOUNT DUE FROM BORROWER 91,932.44 1420.GROSS AMOUNT DUE TO SELLER 90.058.94i ,• •"` 200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500.REDUCTIONS IN AMOUNT TO SELLER 201.Deposit or earnest money _ 501.Excess Deposit(see instructions) 202.Principal amount of new loan(s) 502.Settlement charges to seller(line 1400) 7.297.5.01 203.Existing loan(s)taken subject to 503.Existing loans taken subject to 204. 504.Payoff of first mortgage loan r- 81,771 40 `` BANK OF AMERICA I 205. I 505.Payoff of second mortgage loan 1 500.00 COLLIER COUNTY SHIP 206. _506.FHA incentive to Cone J Williams 250.00 207. 507. ......._i 208. 508. 209. 509. Adjustments for items unpaid by seller Ad'ustments for items un••id b seller 210.City/town taxes to 510.City/town taxes to _ 211.County taxes 01/01 10 05/30 240.04 511.Count taxes 01/01 to 05/30 240.04 i 212.Assessments to 512.Assessments to 213. 513. _ 214. 514. __..11 215. -1 515. 216. -- 516. 217. 517. _- _- 218. 518. 219. 519. -1 1 i 220.TOTAL PAID BY!FOR BORROWER 240.04 520.TOTAL REDUCTION AMOUNT DUE SELLER 90,058.94 i 300.CASH AT SETTLEMENT FROM OR TO BORROWER 600.CASH AT SETTLEMENT TO OR FROM SELLER 301,Gross amount due from borrower(line 120) 91,932.44 601.Gross amount due to seller(line 420) I 90,058.94 302.Less amounts paid by/for borrower(line 220) 240.04 602.Less reduction amount due to seller(line 520) 90,058 941 303.CASH FROM BORROWER 91,692.40 603.CASH TO SELLER I I FINAL ,'`fir_ . U _, Packet Page-1856- FINAL-05-30-2013 form HUD-1(3/86)ref Handbook 4305.2 • U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT 9/10/2013 16.F.1 .- L.SETTLEMENT CHARGES: File Number:13-7364K 700. TOTAL SALES/BROKER'S COMMISSION based on price$ 90,000.00 @ 6.00= 5,400.00 BORROWER'S SELLER'S FUNDS AT FUNDS AT Division of commission(line 700)as follows: SETTLEMENT SETTLEMENT $ 2,700.00 to NAPLES REALTY SERVICES,INC - 702. $ 2,700.00 to RE/MAX REALTY SELECT,INC 703. Commission paid at Settlement -_ _ 5,400.00 704. Re ulg tort'Compliance Fee Naples Realty Services _ 295.00 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C. 801. Loan Origination Fee 802. Loan Discount % 803. Appraisal Fee to 804. Credit Report to 805. Inspection Fee to 806. Mortgage Broker Fee to 807. Tax Service Fee to 808. 809. 810. 1 811. 812. _ -....._._ 813. 814. --- -_ -. 815. 1. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to @$ /day 902. Mortgage Insurance Premium to 903. Hazard Insurance Premium yrs.to 904. 905. _...... 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard Insurance mo.@$ /mo. 1002. Mortgage Insurance mo.@$ /mo. 1003. City property taxes mo.@$ /mo. 1004. County property taxes MD.@$ /mo. 1005. Annual Assessments mo.@$ /mo. 1006. Flood Insurance mo.(rD$ /mo. 1007. Windstorm Insurance mo.@$ /mo. y 1008. Aggregate Reserve for Hazard/Flood Ins,City/Count j 1100. TITLE CHARGES 1101. Settlement or closing fee to TOWN&COUNTRY TITLE,INC. 450.00 750.001 1102. Abstract or title search to 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Attorney Fees to 1107. Attorney's fees to (includes above item No: ) -1108. Title insurance to TOWN&COUNTRY TITLE,W C. 517:50] (includes above item No: 1109. Lender's coverage 1110. Owner's coverage 90,000.00--517.50 1111. FINAL ABSTRACT UPDATE SEARCHTOWN&COUNTRY TITLE,INC. 75.00 1112.1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees Deed$ 18.50 ;Mortgage$ ;Releases$ 18.50 1202. City/county/stamps Deed$ ;Mortgage$ 1203. State tax/stamps Deed$ 630.00 ;Mortgage$ 63.0.0.0 1204. Deed$ ;Mortgage$ 1205. RECORD SATISFACTION 10.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to -_ 1303. LIEN SEARCH Town &Country Title 25.00 _ __ 1304. MITIGATION FEE JANICE ACCAMANDO - 1,000.00 1305. 1306. 1307. _ _...-___----- 1307. - 1.._ 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502,.Sections J and K) 1,873.50 7,297 50 1 ' Packet Page-1857- FINAL-05-30-2013 form HUD-1(3/86)ref Handbook 4305.2 9/10/2013 16.F.1. HUD-1 SETTLEMENT STATEMENT File Number:13-7364K I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction.I further certify that I have received a copy of the HUD-1 Settlement Statement. 1 )----.. Buyer ix , I - . ATRICK B.FITZPATRICIC In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the parties agree to handle said re-prorations between themselves. Seller \ t../- � __, C RTE J.WILLIAMS Settlement Agent The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. TOWN : e-OUNTRY,TITLE,INC. By: Date:May 30th,2013 Packet Page -1858- Imismow • , 9/10/2013 16.F.1 . 2 mortgage form 0 THIRD MORTGAGE THIS THIRD MORTGAGE('Security Instrument")is given on August rt 1999. The Third Mortgagor is' IT Jessica Camacho ,r.i c AIr,M Mf a a r , ri ) t. e. 1 (geortowet). This Security Instrument is given to Collier County ('Lender'),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, g Naples, Florida 34014 . Borrower owes Lender the sum of Two Thousand Five hundred Dollars(U.S. L 2,500.00 ). This debt is evidenced by Borrower's Note dated the same date as this Secunty Instrument("Second Mortgage"), which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or lose of hoses teed exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with Interest,and all renewals,extensions and modification;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenives and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage, grant and convey to Lender the following described properly located in Collier County,Florida. as i As more particularly described as IN EXHIBIT "A" ATTACHED HERETO and which has the address of: . aV ('Property Address'): 430 20th ST SE "ex 41,s+t Morn X E ell Naples, Florida 34117 •o pp ltei rear roe TOGETHER WITH all the Improvements now or hereafter erected on the property,and all easements,rights, .': va"+ appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of ki 2 the property. Al replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in a ms this Beastly Instrument as the'Property". 3 R BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, Q$ N grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and 4.71 wit defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. e.° W THIS SECURITY INSTRUMENT combines uniform coyenan for national use and non-uniform covenants with limited $..... venation by jurisdiction to constitute a uniform security i ray i rrea&property. :i 3 "CO UNIFORM COVENANTS. Borrower and lee d cove C� �: e�e�,., C.7 1. Payment of Principal and Interss�rapaylhaiit and Lail-cha ga' Borrower shall promptly pay when due the iii is . principal of and interest on the debt evidenced b0feNIbte. .�^\ O 2. Taxes. The Mortgagor will pay all to U,assessments,sewer rents of'water tes prior to the accrual of any penalties or interest thereon. f/+ W farli The Mortgagor shall pay or cause to tad pa sa rme�espively du ,(Ax 1)all taxes and governmental charges of any kind whatsoever which may at any,lipmbe la fi 9 assessed Or levied ains or with respect to the Property,(2)all utility and other Barges,including'Servir Cher a"io�yr�'tr�u ,i a maintenance,use,occupancy,upkeep and improvement of the Property,and(3 all seesmertts o 'grivedmtjh that may lawfully be paid in installments $ over a period of years,the Mortgagor shhall i 1 , rider to y ca e t be paid only such installments as are 6 required to be paid during the term of the ga / ptly' er th et Ofehy of the foregoing,forward to M 3 M..rpapss evidence of such payment. /,'.:;'/ 3. Application of Payments. Men applicable law provides o rwis all,payments received by Lender shall be applied; first,to Interest due;and,to principal due;a(t s to any late charges d er fhe,Nc / M 4. Charges;Liens. Borrower s I taxes,assessments,cha g ne`Sand impositions attributable to the Property � _ which may attain priority over this Security Ins ,,and leasehold payments pr• • •rents,if any. Borrower shall promptly furNeh b Lender all notices d amounts to f a paragraph,anal( evidencing the payments. e e Borrower shall promptly discharge any li $'hic ..•• ' . Mi Instrument unless Borrower:(a)agrees in writing t o the payment of the obligation secured by t h e? ia9 11:ry"n e k.*-': •'a to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedingswhich-inthg Lenders opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. d. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the v Property Insured against loss by lire.hazards included within the term'extended coverage"and any other hazards.including floods or !loading,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender Its requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be '.V unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may.at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall mintain Insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay. as the same become due and payable,all premiums in respect thereto,including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily If insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris oave coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive a fp s .• of footings and foundations. l-x All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause Lender shat have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid Q le premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carver and Lender. Lender may make proof of loss H not made promptly by Borrower. tetras!1.•Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the 2 P roperty damaged,If the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or 4 repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument•whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property, or doss not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may coiled the insurance proceeds. Lander may use the proceeds to repair or restore the Property or to pay sums secured by this Sean ty Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lander to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. S. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. B artow shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Smoky Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees In writing,which consent shall not be unreasonably withheld,or unless extenuating dranMWlce exist which are beyond Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property lo deteriorate,or commit waste on the Pro Packet page-1859-It if any forfeiture action or proceeding,whether cavil or criminal,is begun that in Lender's good faith- _ g e of the Property or otherwise materially impair 1 • 9/10/2013 16.F.1 . • • OR. LJVJ 1u. VJJV • 2''tr o:teage form 0 the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or Inaccurate information or statements to Lender(or failed to provide Lender with any matenal information)in cornsclion with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property a a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate.for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's nghts in the Property. Lender's actions may include paying any sums seared by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lander agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rale and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. B. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Secunty Instrument.Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage subataMialy equivalent to the mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available.Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage Insurance coverage(in the amount and for the penod that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. O. Inspection. Lender or is agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation.are hereby assigned and shall be paid to Lender. In the event of a total taking of the Properjyrttte hall be applied to the sums secured by this Security Instrument,whetter or not then due,with any excess-paid 1S ,( e event of a partial taking of the Property,in which the fair market value of the Property immediately before jalslnp1 aqua reptef than the amount of the sums secured by this Security Instrument immediately before the takimp. t Borrower and LenderptherWise agree in writing,the sums secured by this Security Instrument shall be reduced by the anotat,of the proceeds multiplied bithiffinowing fraction:(a)the total amount of the sums secured immediately before the taking,divided-by-(D-4he fair market value of this Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial ttakirhyOt thBPrdp@rty in which the fair market value of the Property immediately before the taking is less thanithe amount of the a rr to secured iminediateiy'(or the taking,unless Borrower and Lender otherwise agree in writing or unless appliOble,Aa shell be applied to the sums secured by this Security Instrument whether or not the sums ape then ' . Ulnl4ss nr, a bthern'se agree in writing,any application of proceeds to principal shall not extend or t tle to f t- n to erred to in paragraphs 1 or change the amount of such payments- ,f 1 11, Borrower Not Released. arce By Lentttsr N cur. the time for payment or modification of amortization of the sums secured by this Instrument granted by Lender losny$uocessor in interest of Borrower shalt not operate to release the liability of the originatBorrewer or Borrower's s inantereit*ender shall not be required to commence proceedings gs agai st any successor r In InterestiOituse to extend time for y' erft se modify amortization of the sums secured by this Security Instrument by reasoi'cif arty"demand made by the original or Borrower's successors in interest. Any forbearance by Lender in exercising any rig's t„r` ,o shall not be a wait 4 Orpreclude the exercise of any right or remedy. 12. Successors and Assigns Bound; • - • ,. ipners. The covenants and agreements of this Security Instrument shall bind and benefit the succes- a.••--'.. Ili r'-:-'.§ward Borrower,subject to the Provisions of paragraph 17. Borrower's covenants and ag -- .•,- •` • pint and several. Any Borrower who co-signs this Searcy Instrument but does not execute the Note:(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrowe'e Interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law a finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Writ;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a rotund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first deem melt unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severabllty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in Mich the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the oordicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 11. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 11. Transfer of the Property or a Beneficial tnerest In Borrower. If al or any pan of the Property or any interest in it is sold Or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent.Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. Hammer,this°peon shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lander exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Secunty Instrument. If Borrows fate to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Irstnanei without further notice or demand on Borrower. 111. Borrower's Right to Reinstate. If Borrower meets certain conditions.Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or (b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then world be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses Incurred in enforcing this Security Instrument,including,but not limited to.reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument. Lenders rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as II no agoelsreton had Occurred. However.this Onto*,rain.hh.hail nor ar.nry in the case of acceleration under paragraph 17. Packet Page -1860- wy MMYieYMifil flu,,. cam 9/10/2013 16.F.1 . • 2"mortgage form O OR: L915J ru: UDJ I 15. Bale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result m a change in the entity (known as the'Loan Services')that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will stale the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority, that any removal or other remedlatlon of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take at necessary remedial actions in accordance with Environmental Law. As Mid in t1W paragraph 20,"Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbici des,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,'Environmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any Covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable taw provides otherwise). The notice shall specify: (a)the default:(b)the action required to cure the default;(C)a dote,not less than 30 days from the data the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in I he notice,Lender,at Its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect at expenses Incurred In pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Secunty Instrument,without charge,to Borrower. Borrower shall __y_any.recordation costs. 23. Attorneys'Fees. As used in this Sec -Jnu str ie the Note.'attorneys'fees'shall include any attorneys'fees awarded by an appellate court- 1'rt• Tom, 24. Riders to this Security Instrume at.)fi lne or more iidms at6'Az�ecuted by Borrower and recorded together with this Security Instrument,the covenarits"and.egreements of each suchcleJ.shell be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument asif therider(s)were a part of this Security Instrument. (Check Applicable Box),; , Adjustable Rate Rider i Rat ihiprovement Rider v Condominium Rider ❑ Graduated Payment Rider 14)) a ty r er \ Second Home Rider Balloon Rider yeekly'Pa nt e f.. it Planned Unit Development Rider ❑ Othsr(e)(specify • f SIGNING BELOW,Borrower accepts and a�Otde terms and 9v r1 chained in this Security Instrument and in any rider(s)executed by Borrower and r wrilt" X � E Signed,sea delivered in the•r off:: Wflrssscfl: al ; 1.4s lr4S Signature: - , • ► r r 1 ( I Borrower Jessica Caaacho S, - /r1 /. .a' 110 : 1JSU II A K. , ("(E✓,2. Signature: �{/� Co-Borrower Signature: UP)1.4.4116-110—'••=5Xd l � Address; 430 20`" ST SE Naples, Florida 34117 STATE OF_Fl rida • COUNTY OF l WQdpti I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Jessica Caaacho to me known to be the person(s) described In and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. r� WITNESS my hand and official seal in the'. nty and State aforesa'• to day of -�-�L ,19 My Commission Expires: `. �..�J� rI % abr JJJ • .ry Public's Signet • (Seal) Notary's Printed Name OFFICIAL NOTARY SEAL SAUNDRA H PHILLIPS NOTARY PUBLIC STATE OF FLORIDA COMMBSION NO.CCf103210 I4YCOMMISSKJN EXP.FEE.11,20003 Packet Page-1861- 9/10/2013 16.F.1.. • *** OR: 2583 PG: 0538 t** EXHIBIT "A" THE SOUTH 150 FEET OF TRACT 92, GOLDEN GATE ESTATES, UNIT NO. 51, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 5, PAGES 84 & 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. f �^'$ Rr , 7 a 7 /7 4 E 1}�1 1 _ S F 3 Amk s Packet Page-1862- nnnnnn TOWN &COUNTRY TITLE INC 9/10/2013 16.F.1 . FILE #: 13-7206K AMOUNT: $500.00 DATE: 05/21/13 CODE: CK #: 22893 ALT: 'DAYEE: -- COLLIER COUNTY BOARD OF COUNTY COMMISIONEERS SELLER(S) -- JESSICA CAMACHO tigEl BUYER(S) -- COBRA INVESTMENT, LLC Oalt PROPERTY LOCATION -- MAY p G 2013 430 20TH ST SE,NAPLES FL, 34117 iv' HOUSING &HUMAN SERVICES PAYOFF COLLIER CTY MTG FISCAL SECTION TOWN & COUNTRY TITLE INC CHASE 0 i ESCROW ACCOUNT JPMorgan Chase Bank,N.A. 1575 PINE RIDGE RD,STE 11 www.Chase.com NAPLES,FLORIDA 34109 0 (239)566-8908 COBRA INVESTMENT, LLC FIVE HUNDRED AND 00/100 DOLLARS *** 05/21/13 *********$500 .00* TO THE COLLIER COUNTY BOARD OF COUNTY COMMISIONEERS ORDER OF W Packet Page-1863- 9/10/2013 16.F.1. A. Settlement Statement U.S.Department of Housing 1 1 and Urban Development OMB Approval No.2502-0265 • B.Type of Loan 1.0 FHA 2.0 RHS 3.0 Cony.Unins. 6.File Number 7.Loan Number 18.Mortgage Insurance Case Number 4.0 VA 5.0 Cony.Ins. 13-7206K C.Note:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked"(p.o.c.)"were paid outside the closing;they are shown here for information purposes and are not included in the totals. D.Name and Address of Borrower E.Name and Address of Seller F.Name and Address of Lender COBRA INVESTMENT,LLC JESSICA CAMACHO 4775 MERCANTILE AVE,#1 3395 18TH AVE SE NAPLES,FL 34104 l NAPLES FL.34117 • • G.Property Location H.Settlement Agent 430 20TH ST SE ' TOWN&COUNTRY TITLE NAPLES FL,34117 1575 PINE RIDGE ROAD,SUITE 11,NAPLES,FL 34109 Place of Settlement 11.Settlement Date 1575 PINE RIDGE ROAD,SUITE 11 • 05/22/13 NAPLES,FL 34109 • J.SUMMARY OF BORROWER'S TRANSACTION: K.SUMMARY OF SELLER'S TRANSACTION: 100.GROSS AMOUNT DUE FROM BORROWER 400.GROSS AMOUNT DUE TO SELLER 101.Contract sales price - 60,000.00.401.Contract sales price 60,000-00' 102.Personal property 402.Personal property 103.Settlement charges to borrower(line 1400) 1,273.50 403. 104. 404. 105. 405. _-Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106.City/town taxes to 406.City/town taxes to _ 107.County taxes to 407.County taxes to x108.Assessments to 408.Assessments to 109.SOLID WASTE 05/10 10 09/30 68.45 409.SOLID WASTE 05/10 to 09/30 68.45 110. PAYOFF COLLIER CTY MTG 500.00 410. • 111. 411. • 112. 412. 120.GROSS AMOUNT DUE FROM BORROWER 61,841.95 420.GROSS AMOUNT DUE TO SELLER 60,068.45 mss.. 200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER '500.REDUCTIONS IN AMOUNT TO SELLER 201.Deposit or earnest money 1,000.001 501.Excess Deposit(see instructions) 202.Principal amount of new loan(s) 502.Settlement charges to seller(line 1400) 5,115.00 203.Existing loan(s)taken subject to I 503.Existing loans taken subject to 204. j 504.Payoff of first mortgage loan 54,703.06 205. 505.Payoff of second mortgage loan j • 206. 1 506. 207. !507. 208. 508. 209. ---.__.._.. 1 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210.City/town taxes to 1 510.City/town taxes to 211.County taxes 01/01 10 05/10 250.39 511.County taxes 01/01 to 05/10 250.391 212.Assessments to 512.Assessments to 213. 513. ._.... 214. '514. x215. 515. 216. i 516. 217. 517. • 218. '518. 219. 519. 220.TOTAL PAID BY/FOR BORROWER 1,250.39 I 520.TOTAL REDUCTION AMOUNT DUE SELLER 60,068.45 300.CASH AT SETTLEMENT FROM OR TO BORROWER 1 600.CASH AT SETTLEMENT TO OR FROM SELLER 301.Gross amount due from borrower(line 120) 61,841.95 601.Gross amount due to seller(line 420) 60,068.45 I 302.Less amounts paid by/for borrower(line 220) 1,250.39 j 602.Less reduction amount due to seller(line 520) 60,068.451 303.CASH FROM BORROWER 60 591.56 j 603.CASH _ TO _----SELLER 0.001 FINAL Packet Page -1864- form HUD-1(3/86)ref Handbook 4305.2 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT 9/10/2013 16.F.1._ L.SETTLEMENT CHARGES: File Number:13-7206K 700. TOTAL SALES/BROKER'S COMMISSION based on price$ 60,000.00 @ 6.00= 3,600.00 BORROWER'S . SELLER'S -- --- ---------------------- FUNDS AT FUNDS AT Division of commission(line 700)as follows: SETTLEMENT SETTLEMENT • 701. $ 1,800.00 to WEICHERT INTERNET REALTY GROUP 702. $ _-_ 1,800.00 to WEICHERT INTERNET REALTY GROUP 703. Commission paid at Settlement 3,600.001 704. BROKER FLAT FEE WEICHERT INTERNET REALTY GROUP I 295.00 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.Q.C. 801. Loan Origination Fee __ 0 I 802. Loan Discount • 803. Appraisal Fee to 804. Credit Report to 805. Inspection Fee to 806. Mortgage Broker Fee to 807. Tax Service Fee to 808. 809. I 810. 811. 812. ... ... __ 813. 814. 815. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. -Interest from to @$ /day 902. Mortgage Insurance Premium to 903. Hazard Insurance Premium yrs.to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard Insurance mo.@$ /mo. 1 1002. Mortgage Insurance mo_a@i$ /mo. 1003. City property taxes mo.©$ /mo. 1004. County property taxes mo.@$ 1 mo. 1005. Annual Assessments mo.©$ /mo. 11006. Flood Insurance mo.A5 /mo. 1007. Windstorm Insurance mo.@$ /mo. • • 1 1008. Aggregate Reserve for Hazard/Flood Ins-City/Count - 1100. TITLE CHARGES 1101. Settlement or closing fee to TOWN&COUNTRY TITLE _ 450.00 750.00 •1102. Abstract or title search to TOWN&COUNTRY TITLE _ 75.00 • 1103. Title examination to 1104. Title insurance binder to '105. Document preparation to 1106. Attorney Fees to 1 1107. Attorney's fees to (includes above item No: 1108. Ttle insurance to TOWN&COUNTRY TITLE 345.00 (includes above item No: (SI RISK$25) ) 1109. Lender's coverage . 1110. Owner's coverage 60,000.00--345.00 1111. 1112. 1113. ............... _. 11200. GOVERNMENT RECORDING AND TRANSFER CHARGES i 1201. Recording fees Deed$ 18.50 ;Mortgage$ _ ;R eleases$ 18.50 1202. Citylcounty/stamps Deed$ ;JOortgage$ 1203. State tax/stamps Deed$ 420,00 ;Mortgage$ 420.00 1204. 1205. 1 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to INTER&INTER 400.00 1302. Pest inspection to 1303. LIEN SEARCH PD BY TCT TOWN&COUNTRY TITLE 25.00 1304. RECORD SATISFACTION CLERK OF THE COURT. 10.00 1305. 1306. ;1307. 1308. 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502,Sections J and K) I 1,273.50 , 5,115.00; Packet Page-1865- form HUD-1(3/86)ref Handbook 4305.2 ' 9/10/2013 16.F.1. HUD-1 SETTLEMENT STATEMENT olettc File Number: 13-7206K I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction.I further certify that I have received a copy of the HUD-1 Settlement Statement. Buyer COBRA INVESTMENT, LLC, FLORIDA LIMITED LIBILITY COMPANY A/Th KL+NNETH R TANNASSEE SR,Managing Member In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the parties agree to handle said re-prorations between themselves. Seller ►o • Ls ��/ SSICA CAMACHO Settlement Agent The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. TOWN&COUNTRY TITLE Date:May 17th,2013 Packet Page-1866- 3882174 OR: 4083 p( 9/10/2013 16.F.1 . RBCORDBD in OFFICIAL RECORDS of COLLIER COOTS, FL 08/04/2006 at 11:26A0 DMIGBT I. BRDCI, CLIAI SECOND MORTGAGE OBLD 24495,00 OBLI 24495,00 T RIC FEB 35.50 cerpaay DOC-.35 85.75 B e.y Retn:PATRICIA M GORIALEZ 330114 BBMISPffiAE TITLE COMPANY 14160 PALMETTO FRORTAGB RD 012 \/ MIAMI !ABS FL 33016 THIS SECOND MORTGAGE("Security Instrument")is given on August ,2006. The Second Mortgagor is: Aisling A.Swift,A Single Person (Borrower'). This Security Instrument is given to Collier County ("Lender'),which is organized and exiting under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, 4400, Naples, Florida 34014 . Borrower owes Lender the sum of Twenty-Four Thousand Four Hundred Ninety-Five and No/10Oths Dollars(U.S.i 24,4 45.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Unit / h�LIVING 74 tt 27 exhibit at the Enclave,A Condominium,of Collier County,Florida and which has the address of: see at ace exhibit "A" ("Property Address"): 1373 Wildwood Lakes Blvd.* Naples, Florida 34104 *UNIT 3 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized Seal pe estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered by,..W,,,..._ of fn of record. Borrower warrants and will defend the title to the Property against all claims and demandls-Su" generally THIS SECURITY INSTRUMENT combine of rndoro. g real pro for n8trtlft l\tsaand non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrurrreQt bo9enng real property, tI UNIFORM COVENANTS. Borrower and L Eider covenant and agree as fol o(✓s: \ Payment of Principal and intere#t;Prepiyriiiii aitd.Late.gjtarias, Bonowei'.shall promptly pay when due the principal of and interest on the debt evidenced by the Note. / i \ 2. Taxes. The Mortgagor will pay all 9 P Y, Ntaz ss J( ,", *pates l `prior to the accrual of any penalties or interest thereon. ' a The Mortgagor shall pay or cause be aide as the t re's J � uely d(re,oithe all taxes and governmental charges of any kind whatsoever which may at any time be (1 es o le0ie s et or h r spQQNorthe Property, including"service charges",incurred or im er Pent,(m ro all eme t of the Property,oherty, posetuor pars aiirten8nce, upkeep and improvement of the Property,and (3)all assessments or other governmental chr ,that may lawfully be paidri,inst ,megts'over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause'te be\paid only such installme is atie regi to be paid during the term of the Mort shall,promptly after the payment of any of the fqf" ing,forward to Mortgag e,4de '.i)bsfich payment. and P Yrnent. 3. Application of Payments. Unless*Minable law provides otherwise' .payments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any latit c8i due under the Note , ; 4. Charges;Liens. Borrower shall pay all tax srnents4s and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold'p (s o(gr4 Ih ,if any Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts--evidenE'ing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in.legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term''extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7, At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. Au insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due.with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrowers Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the ' (p&p Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith 2-- -.1 1 Packet Page-1867- Pdel 1 OR; 4083 PG: 2 910/2013 16.F.1 . ✓ judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the hen created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower.during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires tee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations).then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court.paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice horn Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of 6 egur ediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any bale �st��- td�r In the event of a partial taking of the Property in which the fair market value of the Property immediately ,err e)kill is less1i`ar a t of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in nless applicable law o provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or net t ' urns are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend et pottriOrfe'ttte,S} ,+atecof the mor(thly layments referred to in paragraphs 1 or change the amount of such payments. ! / 1 11. Borrower Not Released,Port saran By .e,n of t(e(asipcn of the time for payment or modification of oiase amortization of the sums secured by this Seeurity/l st , ar '6ucfessor in interest of Borrower shall not operate to release the liability of the original Borrower It Bo s si} rs t nt ,est. - r shall net be required to commence proceedings against any successor in interest or refuse td extdq d e fi�c1 gy merit ervis' cfy atnpr,}ization of the sums secured by this Security Instrument by reason of any demand made by o 'Ma't"Bo or ens 5tic:cess'qs-+r)interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exerake of any rigitoZremedy. 12. Successors and Assigns Boultfc)oint and Several Liabilith4o-Slgndr,--'(he covenants and agreements of this Security Instrument shall bind and benefit the successor§ assigns of Lender and Igo' r ubgedt to the Provisions of paragraph 17. Borrower's coven ana'sgreements shall be joint a .several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is thigripkttlis Security Instrument p?tty to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrtiniedt;'"( cod to pay the and(c)agrees that Lender and any other Borrower may egrg e5deed; knit (bear or make any maccom umodationswith regard to the terms of this Security Instrument or the Note without that Borrowers coeat.- 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severabillty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent.Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had orrcrred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of aeration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the'Loan Servicer°)that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with Packet Page-1868- Ke OR: 4083 PG 2!,9/10/2013 16.F.1 . paragraph 14 and applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20."Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law notice shall specify: from the ath the n j. The is pacify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note."attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider -..----------- ❑Second Home Rider Balloon Rider ❑Biweekly Payment�h R t.. j ,planned Unit Development Rider ❑ Other(s)(specifyi SIGNING BELOW,Borrower accepts and agrees to,-thijrms andeevenants-rontained4n this Security Instrument and in any rider(s)executed by Borrower and recorded with it. ::, 0, ••iver ed -presence of - y: .,l ,• wit S ignature:` 4 j \ \ / Witness#2:%i t4::��cs*�`DSON 'p Signatureh ,�r3 ►�,. + ` Co-Borrower,4‹ Signature. :AA( { ,` \-/ Address;,.-3:373 Wildwood Lakes, Blvd. UNIT 3 Naples, Florida 34104 STATE OF FLORIDA COUNTY OF MIAMI-DADE I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared/gating A.Swift-.to me kno to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(Her she/ .,: )executed• •same for the purpose therein expressed. WITNESS my hand and official seal in the County a •r:..'.th: 2 thday of JULY 20 06 . My Commission Expires: A (Seal) nature MALYS PE REZ Note s Printed -me 'd MY COMMISSION#00302732 EXPIRES:SEP 10,2006 Bonded through 1st Staff Iesurares File#: 05-077 Packet Page -1869- Iko 9/10/2013 16.F.1 . *** OR: 40$3 rt: Laiu R a Condominium Unit 3, Building 24, BRIAR LANDING AT THE ENCLAVE CONDOMINIUM, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 4022, Page 2050, as amended in Official Records Book 4025, Page 1900, and any amendments thereof, of the Public Records of Collier County, Florida, together with an undivided interest in the common elements appurtenant thereto, as set forth in said Declaration. -----80,12-R COO,V,, ° `/ , ,',----- r 1 (ii\irm )\-v t-- , 1 a } t i S , S f ' ,1 J / -,. d G t � V (q . .. ;,, Packet Page-1870- 9/10/2013 16.F.1 . • ti 0-0 "N. • 4. rn. -a' � goo r --i o= a 6. OZODC;� () rn m 'n -n,` . , ar -n m 9 o' mra0) c° °c o o . _ Q j .A.m -.Z i c w 3 Xj ' � 3 w c Z co w _°-•f o n r N O to V 0.) [D , c ,„01,-.7754-Z s {e t o O -- !] ID 61 W n�. z��4.4 r 3 =.o fA L7 w°o to c 0 -4 -CD o : R o N '-i n' 1 3 Q- o g 0 =. v 3 1 = O to ; co O y 1 y * o -n { .-* m 1**F : r>n 9 * C ' e * y * t%1 r y * m o x*• m D * ❑o . v ,*t " LD Z o C S * A -f Q • * OF c liCg * y n * 9 > = � o V -I Z o z �7 c)%; * € 0 ! • 64 ;1• 0) * *• J�. N i. 11 * 0) N, I O- .j — li I Cu) i r iiiio 1 =, = 0 e 1 Packet Page 1871 1 —Intuit/0 CheckLock"`Secure Check CD Details on Back T_ ti° P °�s Utz HUD-1 U.S.Department of Housing 9/10/2013 16.F.1 . A.Settlement Statement and Urban Development OMB No.2502-0265 B.Type of Loan Q 1.FHA Q 2.FmHA 0 3.Cony.Unins. 6.File Number 7.Loan Number 8. Mortg.Ins.Case Num, Q A.V.A. 0 5.Conv.Ins. 13R-370 ID: C.NOTE:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked"(p.o.c.r were paid outside the closing;they are shown here for informational purposes and are not included in the totals. 0.NAME OF BORROWER: ASDM Investment 2012 LLC,a Florida limited liability company Address of Borrower: 2875 NE 191 Street,Suite 201,Aventura,Florida 33180 E.NAME OF SELLER: Aisling A.Swift,a single woman Address of Seller: 2415 Ravenna Blvd.,Unit 101,Naples,Florida 34109 TIN: F.NAME OF LENDER: Address of Lender: G.PROPERTY LOCATION: 1373 Wildwood Lakes Blvd.,Unit 3,Naples,Florida 34104 H.SETTLEMENT AGENT: Law Office of Conrad WNikomm,PA. TIN:20-4544316 Place of Settlement: 590 11th Street South,Naples,Florida 34102 Phone:239-262-5303 I. SETTLEMENT DATE: 6/28/13 DISBURSEMENT DATE:6/28/13 J.Summary of borrowers transaction K.Summary of seller's transaction 100.Gross amount due from borrower: 400.Gross amount due to seller: 101.Contract sales price 39,900.00 401.Contract sales price 39,900.00 102.Personal property 402.Personal property 103.Settlement charges to borrower(Line 1400) 3,794.53 403. 104. 404. 105. 405. Adjustments for Items paid by seller In advance: Adjustments for Items paid by seller in advance: 106.City/town taxes 406.City/town taxes 107.County taxes 407.County taxes 108.Monthly Condo Assessment from 06/28/13 to 06/30/13 22.75 408.Monthly Condo Assessment from 06/28/13 to 06/30/13 22.75 109. 409. 110. 410. 111, 411. 112. 412, 120.Gross amount due from borrower: 43,717.28 420.Gross amount due to seller: 39,922.75 200.Amounts paid or in behalf of borrower. 500.Reductions in amount due to seller: 201.Deposit or earnest money 1,000.00 501.Excess deposit(see instructions) 202.Principal amount of new loan(s) 502.Settlement charges to seller(line 1400) 4,072.36 203.Existing loan(s)taken subject to 503.Existing loan(s)taken subject to 204.Principal amount of second mortgage 504.Payoff of first mortgage loan 34,399.62 205. 505.Payoff of second mortgage loan 1,469.70 206. 506.Deposits held by seller 207.Principal amt of mortgage held by seller 507.Princjpa amt of mortgage held by seller 208. 508. 209. 509. Adjustments for items unpaid by seller: Adjustments for Items unpaid by seller. 210.City/town taxes 510.City/town taxes 211.2013 County Property Taxes from 01/01/13 to 06/28/13 46.49 511.2013 County Property Taxes from 01/01/13 to 06/28/13 46.49 212.Assessments 512.Assessments 213. 513. 214. 514. 215. 515. 216. 516. 217. 517, 218. 518, 219. 519. 220.Total paid by/for borrower: 1,046.49 520.Total reductions In amount due seller: 39,988.17 300.Cash at settlement from/to borrower: 600.Cash at settlement to/from seller: 301.Gross amount due from borrower 43,71728 601.Gross amount due to seller 39,922.75 (line 120) (line 420) 302.Less amount paid by/for the borrower (1,046.49) 602.Less total reductions in amount due seller (39,988.17) (line 220) (line 520) 303.Cash( 0 From ❑To )Borrower: 42,670.79 603.Cash( To r2 From )Seller 65.42 Substitute Form 1099 Seller Statement: The information contained in blocks E,G,H,and I and on line 401 is important tax information and is being furnished to the IRS. If you are required to file a return,a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Seller Instructions: If this real estate was your principal residence,file Form 2119,Sale or Exchange of Principal Residence,for any gain,with your tax return;for other transactions,complete the applicable parts of Form 4797,Form 6262 and/or Schedule D(Form 1040). 44Ar.. DoubleTirrlee. ' .Packet Page-1872- 9/10/2013 16.F.1 . HUD-1 U.S.Department of Housing and Urban Development py� L.Settlement cherries Borrower POCSeHer POC Paid from Paid from 700.Total Saes/Brokers Corn.based on price $39,900.00 @ 5.0000%= 1,995.00 Borrower's Seller's 701. 99750 2.5000%to RE/MAX Realty Select Funds at Funds at Settlement Settlement 702. 997.50 2.5000%to Sandpiper Realty&Managment.LLC 703. Commission paid at settlement 1,995.00 704. to 800.Items payable in connection with loan: Borrower POCSeller POC 801. Loan origination fee %to 802. Loan discount %to 803.Appraisal fee to 804. Credit report to 805. Lender's inspection fee to 806. Mortgage Insurance application tee to 807.Assumption Fee to 808. to 809. to 810. to 811. to 900.Items required by lender to be paid in advance: Borrower POCSeller POC 901.Interest from to @ /day 902.Mortgage insurance premium for months to 903.Hazard insurance premium for years to 904.Flood insurance premium for years to 905. years to 1000 Reserves rlpnnsited with lonrfPC Borrower POCSeller POC 1001,Hazard insurance months @ per month 1002.Mortgage insurance months @ per month 1003.City property taxes months @ per month 1004.County property taxes months per month 1005.Annual assessments months @ per month 1006.Flood insurance months @ per month 1007. months© per month 1008. months @ per month 1009.Aggregate accounting adjustment 1100,Title charges: Borrower POCSeller POC 1101.Settlement or closing fee to Law Office of Conrad Willkomm,P.A. 868.21 1102.Abstract or title search to Attorneys Title Fund Services,LLC 7500 1103.Title examination to 1104.Title insurance binder to 1105.Document preparation to 1106.Notary fees to 1107.Attorneys Fees to Law Office of Conrad Willkomm,P.A. 250.00 (includes above Item numbers: 1108.Title Insurance to Old Republic Nat.Title/Conrad Willkomm 229.43 (includes above Hem numbers: 1109.Lender's coverage(Premium): 1110. Owner's coverage(Premium): $39,900.00($229.43) 1111. Endorse: 1112.Certlfled Mining-Final'Tide Docs to Law Office of Conrad Willkomm,P.A. Z8.00 1113.Buyer Fee Agreement to Law Office of Conrad Willkomm,P.A. 2,250.00 1200.Government recording and transfer charges: '.. 1201.Recording fees Deed $18.50 Mortgage(s) Releases $10.00 18.50 10.00 1202.City/county tax/stamps Deed Mortgage(s) 1203.State tax/stamps Deed $279.30 Mortgage(s) 279.30 1204.Certificate of Approval to Collier County Clerk of Court 18.50 1205. to 1300.Additional settlement charges' Borrower POCSeller POC _ 1301.Code Enforcement Estoppel&Overnight to Law Office of Conrad Willkomm,P.A. 50.00 1302.Working Capital Contribution to Red Star International,LLC Condo Operations 682.53 1303.Outstanding Utility Assessment to Red Star International,LLC Condo Operations 65.42 1304.Association Approval Processing to Red Star international,LLC Condo Operations 165.00 55.00 1305.Condo Estoppel Fee to Red Star International,LLC Condo Operations 195.00 1306.Transaction Fee to Red Star International,LLC Condo Operations 800.00 1307.Credit towards unapproved Closing Costs to Law Office of Conrad WIlikomm,P.A. -165.00 1308. to 1309. 1400.Total settlement charges: (Enter on lines 103,Section J and 502,Section K) 3,794.53 4,072.36 DoubleTlme® Packet Page-1873- 9/10/2013 16.F.1 . HUD-1 SETTLEMENT STATEMENT ADDENDUM File Number. 13R-370 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Borrower(s) ASDM Investment 2012 LLC a Florida limited liability company By: Moshe Schwart Manager i i! • (S) Imo / All I?' g A/- ift Settlement Agent The HUD-1 - lement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Law Office of C ilikomm, P.A. / 1 Hy: Date: (�j / 1(J/ 11 ! WARNING:It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S.Code Section 1001 and Section 1010. DoubleTime® Packet Page-1874- 9/10/2013 16.F.1 . HUD-1 SETTLEMENT STATEMENT ADDENDUM Fl4 Hurtbor. 13R-370 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me In this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Borrower(s) • ASDM laves 2 C a Florida invited lity company By: Moshe Schwas z Manager Seller(s) Aisling A. Swift Settlement Agent The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed In accordance with this statement Law Office of Co lkamm, P.A. Br: Date: 0676,zeptu‘? i d WARNING:It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and Imprisonment. For details see: Title 18 U.S.Coda Section 1001 and Section 1010. Doubler:me* Packet Page -1875- 9/10/2013 16.F.1 . teen: 3251312 OR: 3386 PG: 0385 OW 5111,u • • AiUAICAI 11111103 TUB 1icORDID 11 the 01JICIAi 11tORD1*1 cO44Il!tOU?T, t4 lit 111 11.51 -- tilt 101ItA 11ACI ID 12*l 11/1212**3 at*3:1511 DMZ?I.ILocc, 4111 DOC•,3S 11.51 101110.8111103 14 31175 1512 SECOND NOA'rGiu THIS SECOND MORTOA3E('Security instrument')Is given on August 2 82003 The Second Mortgagor is: Jose Nieves Ramlrez and Maria J.Mendoza•Rartlrez,Husband end Wile ('Borrower).This Security Instrument Is given to Cellist Couaiy (*Lender),which is organized and vesting under the taws of the Untied States of America.and whose address Is 3050 forth Noreashos Drive, 8175, maples* Florida 34014 . Borrower owes Lender the sum of Fire Thousand and del100ths Dollars(U.S.t 5400.00 ). this debt is evidenced by Borrowers Note dated the same data as die Saaulty Instrument('Second Mortgage'),which provides for monthly payments,with the full debt,it not paid earlier,due and payable on eels of property, refinance, or leas of homestead exempt Lou . This Security Instrument secures to Lender.(a)the repeyrnant d the debt evidenced by the Note,with Interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with Interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements ureter this Semidry Matured and the Note. For this purpose,Borrower does hereby second mortgage,grant end convey to Lender the following duetted properly located in Collier County,Florida, Ste Ele/dbt f1&/ As more particularly described as Lot 29,Jubilation Subdivision,Collier County,Florida and which has the address d: ('Property Address•): 1235 7riandship Nay, leseokalee, Florida 34142 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances.rents, royalties,mineral,oil and gas rights end petits,water rights end stock and all fixture&now or hereafter a pert of the property.All replacements and additions shall also be covered by the Security Instrument.Al or the loregoig Is referred to in this Security Instrument as the'Property*. BORROWER COVENANTS that Borrower Is',wlufiy seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property Is unencumbered,except for encumnrancee of record. Borrower warrants and will defend generally to title to the Property against all claims and demands,sub)ect to any encumbrances of record. THIS SECURITY INSTRUMENT combtnee uniform covenants for notional use and nonuniform covenants with emoted variation by )udedfclon to constitute a uniform security instrument covering reel property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal and Interest;Prepayment and Late Charges.Borrower that promptly pay when we the pdnclpal 01 end Interest on the debt evidenced by the Note. 2.Taxes. The Mortgagor will pay alt taxes,a ssessmertsjewe nts or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,a. . i` ... • due,(A)(t)all taxes and governmental charges an kind whatsoever which may at any time be lawfully a.::,L1)r :•agarnet;'4. • t to the Property,(2)all utility end other oha Di Including'service charges',incurred or Imposed for• .. -Zion,maintenance,weed••• • ,upkeep and improvement 01 the P (3)all assessments or other governmental charge • Awfully be paid In Instal .•ts• r a period d years,the Mortgagor shell obligated under the Mortgage to pay or cause to•: •- •ai9y sus iri:tali aria* are .., red •be paid during the tern ol the dodge shall,promptly after the payment d any d the f• •• •,f 6#V7i16 0 •• ages e •.rice d uch..yrt>eb I. 2. Application of Payments. Ude - w by Lender shaft be applied;fi Interest due;and,to principal due;and NM to. y • 4. Chatgee;Liens.Borrower shall• y . ,••• rid . atetertable to the Property wt attain priority over Ohs Security Instrument, 1. ,v ,4 ,,,. . shat promptly turtrish to Lender all �Qr notices of amounts to be paid under this pa ..SS, L*f e,, 1t1 Borrower shall promptly dacha an has priority over• c unless Borrower(a)agrees in wtinng the payment d the obligation eeoured by the r acceptable to 1 ,.`;3t. • . . good is h the Ion by,or defends age enforcement of the lien In,legal precedence Lenders opinion opera.+.• • enoorcemet of the hen;or(0)segues from m the holder of the lien an agreement satisfactory to '••• •• •noting the hen to thl Instrument. Ii Lender determines that any part of the Property is aubfect to a lien which may attain p the Sand Ine may, , ipder may give Borrower a notice identifying the Min. Borrower shall satisfy the lien or take one or more oft .r• • '"■`. O'da d the d notice. a. Herd or Property Insurance.Borrower a tr, • i •- • existing or hereafter erected on the Property Insured against loss by fire,hazards included within the term'extended Overage-4 . ny other hazards,including Soods or floodkg,for wretch Leander requires Insurance. This Insurance shall be maintained to the amounts and for the periods that Lender requires.The insurance carrier providing the Insurance shall be chosen by Borrower sublect to Lenders approval which shall not be unreasonably withheld,It Borrower tails to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Note le,outstanding,the Mortgagor shall maintain Insurance with respect to the Premises against such risks end for such amounts as are customarily Insured against end pay,as the same become due and payable,al premiums in respect thereto. Including,but not limited to,sit•risk insurance protecting the interests of the Mortgagor end Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily Insured against(Including boiler explosion,If appropr ate),with a uniform standard extended coverage endorsement,Including debris removal coverage. Such lnsuranoe at all tires to be in an amount not Less than the hie replacement coat of the Premises,exclusive of footings and foundations. All insurance policies and renewals shell be acceptable to Lender and snit Include a standard mortgage cdause.Lender shalt have the right to hold the policies and renewals.II Lender requires,Borrower shall prom ty give to Lender all morels of paid premiers end renewal notices,In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of boa n net made promptly by Borrower. Unless Lender and Burrower otherwise agree in writing,Insurance proceeds shall be applied to restoration or repair d lire Property damaged,If the restoration or repair Is economdcaly feasible and Lender's security is not lessened.It the restoration or repair Is not economically feasible or Lenders security would be lessened,the insurance proceeds shall be spoiled to the sum secured by the Security instrument,whether or not then due,with any excess paid to Borrower. 11 Borrower abandons the Property,or does not answer whin 30 days a notice from Lender that the Insurance carrier has offered to sane a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay suns secured by this Security Instrument,whether or riot then due.The 30-day period wet begin when the notice Is malted.Unless Lender and Borrower otherwise agree In wiling,any application d proceeds to prinked shalt not extend or poetpune the due date of the monthly payments relented loin paragraph I or change ere amount of the payments. 11 under paragraph 21 the Property Is acquired by Lender,Borrowers right to any insurance polies and proceeds resulting from damage to the Property prior to n the acquisition chat peas to Lender to the extant of the sums secured by Die Security Instrument immediately prior to the ecquisiton. 1. Occupancy,Preservations,Maintenance end Protection of the Property;Borrower's Loan Appi)oallon,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution d this Security instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year alter the date of occ pewy,unless Lender otherwise egress In writing,which consent shall not be unreasonably withheld,or unless extenuating c icumstancea exist which are beyond Borrowers control. Borrower shall not destroy,damage or irpelt the Property,slow the Property to deteriorate,tram*west*on the Property. Borrower shall be In default If any forfeiture action or proceeding.whetter OW or criminal,*begin that in Lenders good fait judgment could resue in forfeiture of the Property or oterwise materially impair the entreated by this Secuky instru a nt or Lenders security Interest.Borrower may cure such a default and reinstate,as provided in paragraph sal,by causing the action or proceeding to be dismissed with s dig that,In Lender's good faith dehrmenation,precludes forfeiture of the Borrower's interest in the Property or other material Impairment of the lien created by Ns Security Instrument or Lenders securay Interest. Borrower shall also be in default If Borrower.during the loan application process,gave materially fake or emanate Intonation or statements to Lender(or failed to provide Lends with any material ,,,,,t information)in correction with the lean evidenced by the Note,including,but not kmksd to,iepresenfattone ooraeteitg Borrmrer's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall corrpy with all the prowkion of the Vase. if Borrower acquires fee the to the Property,the leasehold end the fee title shalt not merge unless Lender agrees to the msrg0r In anklet. i ifr- Packet Page -1876- 9/10/2013 16.F.1. OR: 3386 PG: 0386 7.Proteogon of Lenders Rights In the Property.If Borronver las to perform the covenants and agreements contained in this SeaNky hutment,or there is a legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever Is necessary to protect the value ot the Property and Lender's delta In the Property. Lender's actions may Include paying any sums secured by a lien which his priority over Ns Security Instrument,appearing In coup,Paying reasonable&itorneys'fees and entering on the Property to make tonsils- Although Lender may take action under this paragraph 7.Lender does not have to do so.My amounts dlebursed by Lander under this paragraph 7 shall become additional debt of Dormer secured by this Security Instrument.Unless Borrower end Lender agree to other terms of payment,these amounts shalt beer Interest horn the date of disbursement at the Note rats and shell be payable,with Interest,upon notice from Lender to Borrower requesting payment. G.Mortgage Insuring:II Lender required mortgage Insurance as a condition of maidng the loan secured by this Security Instrument,Borrower shall pay its premiums required to maintain the mortgage Isurertce In effect.If,for any reason,the mortgage instance °omega required by Lender lapses or ceases to be hi effect,Borrower shall pay the premiums required to oblate coverage aubatendaly equivalent to the mortgage insurance previously in effect,at a cost subarea*My equivalent to the cost to Borrower of the mortgage Insurance previowty In effect,from an alternate mortgage Insurer approved by Lender. If aubsantiety equivalent mortgage insurance coverage is not available,Borrower that pay to Lender each months sum equal to one-twelfth of the yearly mortgage Insurance t rem ium being paid by Borrower when the insurance coverage lapsed or ceased to be In effect Lender wit accept,use and retain these payments as a loss reserve in lieu of mortgage Insurance. Loss reurve payments may no longer be required,at the option of Lender,if mortgage Insurance coverage(In the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes sealable and Is Waffled. Borrower shalt pay the premiums required to maintain mortgage insurance in effect,or to provide a toss reserve,until the requirement for mortgage Insurance ends In accordance witth any written agreement between Borrower and Lender or applicable law. 0.Inspection. Lender or to agent may make reasonable entries upon and inspections of the Property. Lender shat give Borrower notice at the lime of or prior to an Inspection spedtying restorable cause for the Inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in correction with any condemnation or other taking of any part of the Property,or for conveyance In tau of condemnation,are hereby assigned and shat be paid to Lender. in the event of a total taking of the Property,the proceeds shell be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taktrg of the Property,In which the tab menial vake of the Property krvredietely • before the taking is equal to or greater than the amount of the turns secured by this Seemly instrument ire edistety before the Wring,unless Borrower and Lender otherwise agree In writing,the sums secured by this Security Instrument gal be reduced by the amount of the proceeds Value of the multiplied arty following mmediatebef traction:(the the akd gel Any baltennce shell be paid to Borrower.In rent d aapantie Hof to the fair Property in which the fair market value of the Property immediately before the faking Is less then the amount of the suns se,vred Itmmediatey for the taking, unless Borrower and Lender otherwise agree In writing or unless applicable law otherwise provides,the proceeds shall be eppeed to the suns secured by this Security Instrument whether or not the sums are then due.Unless tender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the mauNy permeate referred tole paragraphs 1 or charge the amount of such payments. 11. Borrower Not Released,Forbearance By Lender •tW Extension d the time for payment or incotluation of amortization of the sums secured by this Security Instrume,t• v'r. , Q successor in interest d Borrower shalt not operate to against the any successorr kr Interest orBorrower e to extend,�,,.�k� 'yrnent or ethane t eon�d the sums secured by t Security Instrument by reason of any demand made by the. "n. :. • r or Borrowers Interest Any forbearance by Lender in exercising any right or remedy shalt not be awe •r of• e..lete exercise of any • •or • . 42. Successors and Assigns Bound,Jot a vsra ttyt. • - - covenants and agreements of this Security Instrument shall bind and benefit the successor •assigns .,n.• - • :' . r,. .: t to, Provisions of paragraph 17.Borrowers cove is i• ', t .,A,Y ,:iIF', . T Borrower who co-signs this Seamy Instillment but does not execute the Note;(e) ca . t • •_,gram and convey that Borrower's interest In the Property under the terms of this Secu• Ins 1uIha k • Is ,iir.,,to• • -sums secured by this Security instrument; end(c)agrees that Lender and any other=• 7.L.,.'. •••"! .17,..::.1.• • •_•1., ,K` accommodations wgth regard to the terms of this Security Interment or the Note without :. • re consent. 13. Loan Charges. If the loan sew . ,, • s Security lostn menu is *r-�Vai to ,.. •- sets.maximum loan charges,and that law le finally interpreted so that the Interest or• its charges collected or •.• e -•j;, -• •• with the ban exceed the pens eted Smite,then:(a)any such loan charge shall be v'• the amount necessary • .'tea rge to the permitted hark and(b)arty sterna alreedycoilecied from Borrower which exceeded pe , a will be refunded to • .Lender may ctooee to make this refund by reducing the prkleipel owed under the Note or by ie1 • t to ,b refund reduces prkiclpal,the reduction in be treated as a partial prepayment without any prepayment ty, ;"sy 14. Notices.Any notice to Borrower provided for kr 1.. 7 it t abet be given by delivering it or by melting it by bust class mall unless applicable law required use of another method.The notice shat be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when green as provided in tits paragraph. 11. Governing Law;Swerabill y.This Security Instrument shell be governed by federal kw and the law of the iurtad ctian in which the Property Is located. In the event that any provision or clause of tits Seamty Instrument or the Note conflicts with splatter a taw,such connect shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflkting provision. To this end the pro visions of this Security instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one contorted copy of the Note and of Mss Security instrument. 17. ?melee of the Property or a Benetiotal Interest in Borrower. It aster arty part of the Property or any interest inn is sold or tnensterred(or If a beneficial interest In Borrower le sold or Mrshrred and Borrower is not a natural person)*trout Lender's prior mitten consent Lander may.at Its option,require Immediate payment In hit of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender If exercise is prohibited by federal law as d the date of this Security Instrument. iI Lender exercised this option.Lender shell give Borrower nodes of acceleration.The notice stet provide a period of not less than 30 days from the date the notice Is delivered or mailed widen which Borrower must pay at sums strewed by this Security Maumee. 0 Borrower tags to pay these sums prior to the expiation of this period,Lender may Invoke any remnedles bated by the Security instument without further notice or demand on Borrower. 16. Sorrowsrs Right to Reinstate. if Borrower meets certain conditions,Borrower shall haver the ni0 t to have enforcement of Ills tor reinstatement)tenant)amore sass the Property pursuant to the to any apower of scale connttaiked this Security inet u or(b entry specify tudgrrent enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lander ail sums which then would be due under this Security Instnrnsm and the Note as if no acceleration had occurred;(b)cures end default of any other covenants or agreements;(a)pays at expenses incurred in enforcing this Security Ins ru ment.inducting,but not tinted to,reasonable attorney&fees;and(d)lakes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's tights In the Properly end Borrowers obligation to pay the suns ascured by this Security Instrument shall continue unchanged.Upon reinstatement by Borrower,this Secudy)rntruneri and the obtgations secured hereby shall remain fully effective as if no acceleration had Occurred.However,this right to reinstate shalt not apply in the case of acceleration under paragraph 17. • . iii. Bate of Note;Change of Loan Servicer.The Note or a partial interest hr the Note(together with thi6 Security instnrnent)may be sold one or more times without prior notice to Borrower,A sale may result In a cine ge In the*rely Navin as the'Loan Service)that CO W%monthly payment*due under the Note and this Security tnatnxnent.There oleo may be one or more changes of the Loan Senicer unrelated to a ule of the Note. Ii there Is a change d the Lan SsMcer,Borrower will be given written noticed the change ion accordance with paragraph 14 and applicable law.The notice will state the name and address of the new Loan Servicsr an*the address to which payments should be made.The notice wW also contain any other Intonation required by appecatte law. Substances the Propery Boor ower shall not do,none cause arm s e t do,anything eft ectirg ProPMy t lrt v o tion ol any Environmental Law.The preceding two sentences shalt not apply to tie preserve,use,or storage on the Property d small quend ies of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shat promptly give Lender written notice for any Investigation,claim,demand,tang or other action by any gem/mental or regulatory agency or iodate party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower teams,or re notified by any governmental or regulatory authority,that any removal or other temeddsllon of any j;:,. __ Packet Page-1877- 9/10/2013 16.F.1 . OR: 3386 PG: 0387 • Hazudous Subatsnce affecting the Property is necessary,Borrower shah prop pdy lake all necessary remedial actions in accordance mth MOM- Environmental Law. As used in this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile aoivsnta,materials containing asbestos or formaldehyde.end radioactive materials.As used In We paragraph 20,'Environmental Law'means federal laws and laws of the Judscfidka where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies. Lender shall give notice to Borrower prior to accele allon foaming Borrower's breach of any commit or agreement In this Security instrument(but not prior to acceleration under paragraph 17 unless 640k-obis law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a dale,not less than 30 days from the dale the notice Is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date apecllled in the notice may result in aeceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Properly.The notice shah further Inform Borrower of the right to reinstate after acceleration end the right to assert In the foreclosure proceeding the non.etdstence ol e default or any other defense of Borrower to acceleration and foreclosure.h the default is not cured on or before the data specified in the notice. Lender,at Its option,may require immediate payment In lull of all sums secured by this Security instrument without further demand and may foreclose this Security Instrument by Judicial proceeding.Lender shall be entitled to collect ell expenses incurred in pursuing the remedies provided in this paragraph 21,Including,but not hotted to,reasonable attorneys fees and costs of the title evidence. 22. Release.Upon payment of all sums secured by this Security Inshurnent,Lender shall release this Security instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fes. As used In this Security Instrument and the Note,'attorneys'fees'shall include any attorneys'fees awarded by an appellate court. 24, Riders to this!Mouthy Instrument. If one or more riders are executed by Borrower and recorded together with h this Security Instrument,the covenants and agreements of each such rider shell be incorporated into and shell amend and aryplemsnt the covenants and agreements of this Security Inalm menf as N the rider(s)were s part of this Security instrument. (Check Applicable Box) Q Ad(ustable Rate Hider Rats Improvement Rider (7 Condominium Rider ❑ Graduated Payment Rider 1.4 Family Rider et��Second Home Rider D Balloon Rider Btweetdy Payment Rider ❑Planned Unit Development Rider [3 ONher(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security instrument and In any Oriels)executed by Borrower and recorded with it. Signed,se .d and deltve th. -rase ot: Witness : r.. L s' U1"�'RC0 6 h - 1 i V 4 ` AM 1 R e L t'J�!.'-.(_� +"""' C)) Borrower +• Simms naives signature. fi.yr..L! • Witness12: 1. 1 r! `=W !t• 1■f'rtT Iteednes-lsaaitrea Signature:�a f..: t!►rt ./ 1 v, .1 larida 34113 STATE OF FLORIDA COUNTY OF_Cpyt4gE (' C) I hereby certify that on this day,before me,..1 avttgrized G •foresail and in the county aforesaid to take acknowledgements,personally appeared Jose Neves Ramires liana J. iru to me known to be the w1,,���,��}},,��,.,,AA ��,,,,qA ;tpR person(s)uescabed In and who executed the foregoing instrument aTa Rrptdettegtryefortant at(Her she/they)executed the same for the purpose therein expressed. WITNESS my hand and ohkial seat In the County and State said this y of A at 20 r►3 . MY ComMssion Expires: f/ft,4e �G�` ( ry Putties Signature Notary's Printed Name • Filet 03-229 — - Packet Page-1878- 9/10/2013 16.F.1 . *** OR: 3386 PG: 0388 *** File Number: 124 { FULL LEGAL DESCRIPTION Exhibit"A"to Lot(s)29,JUBILATION according to t hereof,recorded t 4ta Book 37, Page(s)4 through 7 of the Public Records of COLLII?.R Con ty, 'krr; a. ° PV , 7JE CI" .- ; • • �°°� Packet Page -1879- 9/10/2013 16.F.1 . : -,-2 en = , — Lr) ir a '`',.... Ctl 0".• a a .., C1 C . . ■t) - c4" n/ 'd, -x '',. . • ic = ', *t , ^... 41 54 0 C ...,' W lip.sitZ,..) = 1 0.,. C, > r .) 11"•4 ':.:z . .... c.i Z M 111 E'i 0 < C, s. 117 4 „ rn (; 73 cA 1. P t4-4, 4, _ _ ..., ow ; = S _ 0 5 C ■ = j , * =-o .— a> -n t 1 d 3 ••• >,— 0 0 • — 0 T.,) c-21 .,.,,, ^. r'-' Z.4,..= ---_, t ..,, .,-4 3 ',--• -- cn 0. 3. ----, - . .— . . . .. v, r cCf .-• Ca 0 7 -.E.-., 0, = ry _ Z= r•-' --' ... ev .., -i •-. , = •-• c,1 kr) CL S.I — ..., ... _ ..i 'S C.) ...1 z 4 0 I f.) 41010* 4 Packet Page-1880- 9/10/2013 16.F.1 . A. U.';.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN SETTLEMENT STATEMENT BEST Title Solutions,Inc. 1 ❑FHA 2. 11 FMHA 3. ©CONy.UN1NS_ 1205 Cape Coral Parkway E. Cape Coral,Florida 33904 < (�VA s. coxv-INS. (239)541-3388 fax(239)541-3387 .6 File Numoer" t Loan Number CC13-1432 8.Mortgage Ins,Case No.: C.NOTE.. This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked (poc)were paid outside the closing. They are shown here for informational purposes and are not included in the totals. Augustin Dalusma and Odette Dalusma D.Buyer: P.O.Box 598 Immokalee,Fl 34143 E.Seller: Jose Nieves Ramirez and Maria J.Mendoza-Ramirez F.Lender. -- -- 1235 Friendship Way -. -. - G.Property: Immokalee,Collier County,Florida 34142 Lot Lot 29,Jubilation,Book 37,Page 4 through 7,inclusive,Collier County,Florida H.Settlement Agent: BEST Title Solutions,Inc. Place of Settlement: 1205 Cape Coral Parkway,Cape Coral,Florida 33904 Lee County I.Settlement Date: July 10,2013 J. Summary of Buyer's Transaction K. Summary of Seller's Transaction 10 .Gross Amount Due From Buyer: 400.Gross Amount Due To Seller: 101. Contract Sales Price 52,900.00 401. Contract Sales Price 52,900.00 __. 102. Personal Property 402. Personal Property _ 103. Settlement Charges to Buyer(line 1400) 550.25 j 403. i 104. Balance of funds needed for Assoc.lien to 149.74 404. Augustin Dalusma and Odette Dalusma Balance of funds needed to release lien to 105. Collier County Board of County 398.95 405. Commissioners Adjustments for Items Paid by Seller in Advance: Adjustments for Items Paid by Seller in Advance: 106. City/Town Taxes 406. Ci ty/Town Taxes 107. County/Parish Taxes 407. County/Parish Taxes 108. Assessments 1 408. Assessments 109. Prepaid Garbage Jul 10,2013 thru Sep 30, 37 13 1 409 Prepaid Garbage Jul 10,2013 thru Sep 30, 37.13 2013 _--_ 2013 110. Stormwater 410. Stormwater CCC-Lot Mowing - 411. CCC-Lot Mowing _ 412. 11.i. 413. _ 120. Gross Amount Due from Buyer: 54,036.07 420. Gross Amount Due to Seller: 52,937.13 200. Amounts Paid by or in Behalf of Buyer. 500. Reductions in Amount Due to Seller: 201. Deposit/Earnest Money 1,000.00 501. Excess Deposit(see instructions) _ 202_ Principal Amount of New Loan 502. Settlement Charges to Seller(Line 1400) _ 6,4.66.55 203. Existing Loan(s) 503. Existing Loan(s) 204. - 504. Payoff of First Mortgage _ 205. _ ;505. Payoff of Second Mortgage 206. 506. Purchase Money Mortgage 207. 507. Short Sale p/o of 1st mtg to USDA to USDA 46,105.45 Short Sale p/o of 2nd mtg to Collier County 208. 508. to Collier County Board of County 101.05 -..._...._. ... Commissioners _ Adjustments for Items Unpaid by Seller: Adjustments for Items Unpaid by Seller: -_ 510. City/Town Taxes 210. City/Town Taxes 2l I County/Parish Taxes Jan 1,2013 thru Jul 9, 264.08 511. County/Parish Taxes Jan I,2013 thru Jul 9, 264.08 2013 2013 212. Assessments -_ ^_.----- -_-- SI_2 Assessments Garbage j 513. Garbage - 214. Stormwater �514. Stormwater 215. CCC-Lot Mowing - 515. CCC-Lot Mowing - - 216. - 516. 217. _ 517. 220. Total Paid by/for Buyer: 520._Total Reductions in Amount Due Seller: 52,937.13 300. Cash at Settlement from/to Buyer: _ 600. Cash at Settlement to from Seller._ 301. Gross Amount due from Buyer(line 120) 54,036.07!601. Gross Amount due to Seller(line 420) 52,937.13 302. Less Amount Paid by/for Buyer(line 220) 1,264.08 602. Less Reductions Amount due Seller(line Y Y ( ) 520) 52,937.13 303. Cash From Buyer: $52,771.99 603. Cash From Seller: $0.00 HUD-1 May 2007 July 8,2013 1:21 PM ___................................. Packet Page-1881- ....... ....__............... Settlement Date:July 10,2013 9/10/2013 16.F.1 . -- - - File Number.CC13-1432 -.------- -....._ __ Settlement Charges L. "- 700. Total Sales/Broker's Commission: - - - -- Based on Price $52,900.00 @ 6.00% = $3,174.00 Paid from Paid from Division of Commission as follows Buyer's Seller's - -__-.- Funds at, Funds at 701. 3,174.00 to David C.Brown Realty,Inc. Settlement I _ Settlement 702. 703. Commission Paid at Settlement - 704. ---__ 3,174.00 705. -. -_. 800. Items Payable in Connection with Loan: 801. Loan Origination Fee - - _ -, 802. Loan Discount _ __803. Appraisal Fee 804. Credit Report 805, Lender's Inspection Fee -' 806. Mortgage Insurance Application Fee "` 807. Assumption Fee 808. ---- _ 809. -------.-. 810. _.. 811. _.___ 812. ---- 900. Items Required by Lender to be Paid in Advance: 901. Daily interest charge from Jul 10,2013 - 902. Mortgage Insurance Premium -` 903. Hazard Insurance Premium - 904. Flood Insurance Premium -- 905. 1000. Reserves Deposited with Lender: 1001. Hazard Insurance 1002. Mortgage Insurance - - 1003. City Property Taxes 1004. County Property Taxes - - - - -.- 1005. Annual Assessments - 1006. - - 1100. Title Charges: - __ - 1101. Settlement or Closing Fee to BEST Title Solutions,Inc. 150.00 550.00 1102. Abstract or Title Search to BEST Title Solutions,Inc. -" --- __... - 125.00 1103. Title Examination I ---- - 1104. Title Insurance Binder 1105. Document Preparation 1106. Notary Fees - I 1107. Attorney Fees (includes above item numbers: -7108. Title Insurance to BEST Title Solutions,Inc. - (includes above item numbers: 304,18 1109. Lender's 0.00 Coverage 1110. Owner's 0.00 _ Coverage 1111. Scanning/Storage/Release Fee to BEST Title Solutions,Inc. _ ____ 18.75 18.75 1112. Courier/Shipping/Handling Fee _ 25.00 50.00 1113. Wire/Handling Fee to BEST Title Solutions,Inc. 25.00 1114. 1715. - - 1200. Government Recording and Transfer Charges: I- - 1201. Recording Fees: Deed 18.50 Mortgage . 0.00 Releases_ 10.00 28.50 _ 1202. City/County Ta•/Stamps: Deed 0.00 Mortgage 0.00 1203. State Tax/Stamps: Deed 370.30 Mortgage 0.00 370.30 1204. Intangible Tax to Clerk of the Circuit Court _ -- F - 1205. to Clerk of the Circuit Court 1206. - ---- 1207. ---._.._....._ 1300. Additional Settlement Charges: 1301. Survey -" 1302. Pest Inspection - 1303. 2012 RE Taxes paid to Collier Co.Tax Collector(poc$672.59 by Seller) _ -- 1304. Association dues owed to Jubilation Community Association,Inc. _ 1,874.32 1305. Estoppel fee to BCH Group Management _ _ 150.00 _ 1306. Estoppel fee to Jubilation Community Association,Inc.(poc$175.00 by Broker) __1307. Association fee for July to Augustin Dalusma and Odette Dalusma 153.00 1400. Total Settlement Charges(Enter on line 103,Section J and line 502,Section K) $550.25 i $6,466.55 HUD-1 May 2007 July 8,2013 1:21 PM Packet Page -1882- Settlement Date:Jury 10,2013 File Number:CC13 1432 9/10/2013 16.F.1 . A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT BEST Title Solutions,Inc. 1205 Cape Coral Parkway Cape Coral,Florida 33904 (239)541-3388 fax;(239)541-3387 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction.. I further certify that I have received a copy of HUD-1 Settlement Statement. Buyer: Setter.t1o2CNtCYe 2(ZAiii i,�e. Augustin Dalusma Jose Nieves Ramirez ' Buyer: — — Seller: -4. -t211 �9�G�+4 R4,-mil-c. 2 Odette Dalusma Maria J.Mendoza-Ramirez The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction, I have caused or will cause the funds to be disbursed in accordance with this statement. '47 Settlement Agent: Date: July 10,2013 Barbara O'Connell WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form.Penalties upon conviction can include a fine or imprisonment.For details see:Title 18 U.S.Code Section 1001 and Section 1010. HUD-1 May 2007 June 18,2013 3:41 PM Packet Page -1883- 9/10/2013 16.F.1 . Oate.hey 2C13 A. U S.DEPARTMENT OF IIOUSING Aro)MOAN bEN'ELOPMENT SETTLEMT-NT STATTZSEPa BEST Title Solutions,Inc. -#011rat LO s corvirAavay Corot.Florida 33904 COP)54,1-:,3AS -p39),O1-7:M7 iwcsam-rwly=Au=me MOW Se.Samm Swam. m best arnay imowleSpr a-Abair!. zc sm sod mem==ton=<FM MAtuommam • y 44 =Mc.amify Mg!..r.m.=P.M a Ary ANILID-1 Scrtkramee Sa.m=ma I a 2, 4.1c Vt Z.RA ee. -•-:t• 'A.m.Mims 1.1=Am' f.,/ Cl,•••4"/--••-- 4 R.o....1/....e-t--2 Maria Maidnm-Ramitm TM Sw==.Alm% Law Impared MAA maw=amn=et:Ma trAm Ism=rm., =se Mt furl&*r. =Ards=mth Sm.fiNZIII= OSIL, :111)IP.INS Smhm V.A3..PFNC, az.-,am ktmaleglp trAM Isist malrocam a Mall.=SW==MA or empammommt,Far dmails 1S IS US,Core Smcke 1P3 1 Smziod 101S 4011%, PSK3-1 May 2007 T331 PM ,4011110 • Packet Page-1884- 9/10/2013 16.F.1 . 791 33222.1 06/05/2013 500.00- SHORT SALE-CAMACHO,JESSICA #13-7206 100618073 SHORT SALE '.. 791 33222.1 06111/2013 500.00- SHORT SALE-WILLIAMS,CORE FILE#09-057 100618735 SHIP SHORT SALE#09-057 '.. 791 33258.1 369603 07/10/2013 1,459.70- SHORT SALE-AISLING SWIFT#05-077 100623881 SHORT SALE&SHIP 791 33258.1 07/12/2013 500.00- SHORT SALE-NIEVES&MENDOZA FILE#03-229 100624355 SHIP SHORT SALE Packet Page-1885- 9/10/2013 16.F.1 . 2013 Executive Summaries approved in Board's absence August 13, 2013 In Absentia Meeting Items to be presented at the September 10, 2013 BCC Meeting Page 1 Item 16F1 Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. A. Recommendation to approve a Right-Of-Way Consent Agreement with Florida Power & Light Company (FP&L)for landscape beautification for the Rich King Memorial Greenway by the Radio Road Beautification Municipal Service Taxing Unit (the `MSTU'). B. Recommendation to approve the attached revised Travel Request in the amount of$1,478 for the Airport Authority Executive Director to attend the Florida Airports Council Annual Conference and Exposition in Orlando, Florida. C. Recommendation to approve a Grant Agreement Amendment that terminates Collier County's responsibility for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program for the Homeless Information Management System (HMIS) Project in the amount of $99,662 in order for U.S. Housing and Urban Development (HUD) to transfer the grant to Catholic Charities. D. Recommendation to approve the Collier County One Year Action Plan for FY2013-2014, including re-program funds from previous years for Community Development Block Grant (CDBG), Home Investment partnerships (HOME, and Emergency Solutions Grant (ESG) Programs; authorize the approved resolution, U.S. Department of Housing and Urban Development (HUD) Certifications, and SF 424 Application for Federal Assistance, and authorize transmittal to the HUD. E. Recommendation to approve the Department of Homeland Security (DHS) Grant Agreement 13DS-97-09-21-01-xx and other award documents required in the amount of $14,200 for Emergency Management training. Packet Page-1886- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve a Right-Of-Way Consent Agreement with Florida Power & Light Company(FP&L)for landscape beautification for the Rich King Memorial Greenway by the Radio Road Beautification Municipal Service Taxing Unit(the `MSTU'). OBJECTIVE: To install landscaping at the entrance of the Rich King Memorial Greenway located on Radio Road to coordinate with the beautification efforts of the Radio Road Beautification MSTU. CONSIDERATIONS: On June 11, 2013, the Board of County Commissioners approved Ordinance 2013-43 which expanded the purpose of the Radio Road Beautification MSTU in order to provide for landscape improvements to the North Entrance to the Rich King Memorial Greenway. Staff has coordinated with FP&L to obtain approval of the design plans due to the fact that the proposed project is located within FP&L's easement. In order to obtain approval to construct the project, FP&L has requested that the Radio Road Beautification MSTU enter into a Right-Of-Way Consent Agreement. Proposed plantings and pavers will provide for enhancement to the sitting area along the North Entrance to the greenway. The proposed plans call for low water use plants such as bougainvillea, sand cordgrass, and muhly grass that is a low maintenance planting palette requiring no irrigation once the plant material is established. Ongoing maintenance will be provided by Radio Road MSTU for the lifetime of the project. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: There is no fiscal impact associated with this agreement. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -ERP GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board approve the Right-Of-Way Consent Agreement for landscape beautification for the Rich King Memorial Greenway by the Radio Road Beautification MSTU. A copy of the proposed Agreement is attached for the Board's review. Prepared By: Darryl Richard,RLA,Project Manager,ATM Department Attachments: (1)Proposed FP&L Right-Of-Way Consent Agreement Packet Page -1887- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve a Right-Of-Way Consent Agreement with Florida Power& Light Company (FP&L)for landscape beautification for the Rich King Memorial Greenway by the Radio Road Beautification Municipal Service Taxing Unit (the `MSTU'). Meeting Date: 8/13/2013 Prepared By Name: RichardDarryl Title: Project Manager,Alternative Transportation Modes 7/29/2013 1:26:21 PM Submitted by Title: Project Manager,Alternative Transportation Modes Name: RichardDarryl 7/29/2013 1:26:22 PM Approved By Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 8/1/2013 2:41:23 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 8/2/2013 3:05:36 PM Name: ArnoldMichelle Title: Director-Alt Transportation Modes,Alternative Tr Date: 8/6/2013 7:22:19 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 8/8/2013 8:17:52 AM Packet Page -1888- 9/10/2013 16.F.1 . Name: CarneliSteve Title: Purchasing/General Services Director Date: 8/12/2013 1:16:55 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/12/2013 3:49:15 PM Name: KlatzkowJeff Title: County Attorney Date: 8/13/2013 2:52:22 PM Name: OchsLeo Title: County Manager Date: 8/13/2013 5:13:42 PM Packet Page -1889- 9/10/2013 16.F.1 . Avow Structure No.: 155M2 Section,Township,Range: 6-50-26 RIGHT-OF-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420,Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, hereinafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain agreement recorded in OR Book 513, at Page 583, Public Records of Collier County, Florida. The said area within Company's right-of-way, hereinafter referred to as "Lands". The use of the Lands by Licensee, shall be solely for the purpose of installation of pavers and landscaping associated with the Rich King Memorial Greenway as submitted by Licensee,attached hereto as Exhibit"A". In consideration for Company's consent and for the other mutual covenants set forth below,and for Ten Dollars and No Cents($10.00)and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands;to obtain any and all applicable federal,state,and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate,alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter,or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal , Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities,equipment,parking spaces and areas,and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14j),petroleum products, liquids or flammables shall be placed on, under,transported across or stored on the Lands,which restricts, impairs,interferes with,or hinders the use of the Lands by Company Form 3740 Rev. 8/24/09 ., Page 1 of 6 Packet Page-1890- ../ 9/10/2013 16.F.1 . or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense,correct such condition or situation;provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof,Licensee hereby agrees to indemnify and hold harmless Company from all loss,damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools,equipment,or machinery on the Lands capable of extending greater than fourteen(14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's existing and planned facilities. 5. Licensee understands and agrees that the planting of trees,shrubs,and other foliage capable of exceeding fourteen(14)feet in height at full maturity is not permitted within Company's Lands. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen(14)feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one(1) foot below existing road grade. 8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360 "Exhibit B"prior to the commencement of construction within the Lands. 9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to recreational purposes,hunting and camping, and Licensee agrees to notify its employees,agents,contractors,and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation,rearrangement or change. Form 3740 Rev. 8/24/09 Page 2 of 6 Packet Page-1891- (72) ..._................ 9/10/2013 16.F.1. 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees subject to the limitations contained in Section 768.28, Florida Statutes, to indemnify and save harmless its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as FPL Entities), from all liability, loss,cost,and expense, including attorneys'fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees subject to the limitations contained in Section 768.28, Florida Statutes, to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities,for the imposition of such liability,loss,cost and expense. 13. Licensee is self insured for all liability claims and related expenses pursuant to the provisions of Section 111.072 and 768.28,Florida Statutes. 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety(90)days written notice by Company to Licensee,or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein,despite having been given forty-five(45)days written notice to do so.. 15. The use granted herein as shown on Exhibit "A" shall be under construction by Licensee within one(1)year of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two(2)months or more. Licensee acknowledges that failure to have the use under construction within the one(1)year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty(30) days prior to the expiration of the one (1)year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s)and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 17. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this Consent Agreement,the prevailing party in such litigation shall be entitled to recovery of all costs,including reasonable attorneys'fees. 18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company,which consent shall not be unreasonably withheld. Form 3740 Rev. 9/24/09 Page 3 of 6 C� Packet Page-1892- 9/10/2013 16.F.1. 19. Licensee agrees that any review or approval by Company of the plans and'or specifications submitted by Licensee attached hereto as Exhibit "A" the approval of the identity of any contractors, subcontractors and niateriatmen,or the delivery by Company of any construction specifications to Licensee, is solely for the purpose of processing this Consent. and without any representation or warranty whatsoever to Licensee with respect to the adequacy, correctness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in connection with the construction. maintenance and/or removal of improvements depicted on Exhibit F3 to the Agreement. agrees to observe and fully comply with all construction, operation and maintenance standards, as well as all applicable laws, rules and regulations of the United States, the State of Florida. and all agencies and political subdivisions thereof, including without limitation, the National Electric Safety Code and the Occupational Safety & Health Administration regulations, standards, rules, registers, directives or interpretations. 20. This Agreement includes and is subject to the provisions described on the attached Addendum. The parties have executed this Agreement this day of 20 Witnesses:- FLORIDA POWER& LIGHT COMPANY _y 13y: 1• stg7atm.c Its Area Real Estate Hurst, Print Name. f°f t ` Print Name Mark L. Byers _— Si i tture print Name: 1-1? i 94 f►- r i' ' (Acknowledgements Continued on Next Page) Page 4 of 6 Packet Page-1893- 9/10/2013 16.F.1. Approved and accepted for and behalf of Collier County,Florida,this day of ,20_. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DWIGHT E.BROCK,Clerk BY: BY: Deputy Clerk Georgia A.Hiller,Esq.,Chairwoman APPROVED AS TO FORM AND LEGALITY: BY: ( ' Assistant County Attorney -' olow Form 3740 Rev. 8/24/09 Page 5 of 6 Packet Page -1894- .................... 9/10/2013 16.F.1. • ADDENDUM • Prior to the commencement of any construction activities within the Lands,Licensee will contact FPL for a Safety Six presentation to all employees,contractors and invitees. Please contact Scott Brewer with FPL's Transmission Operations Department to coordinate this meeting at(941)650- 9297. Form 3740 Rev. 8/24/09 Page 6 of 6 - ------ --- Packet Page-1895- ................. 9/10/2013 16.F.1. EXHIBIT "A" 1 ,, ...1 V V 17 V V .-S:1:y,,,, • c; nr-----''. —1 - • ' I' i i 1 1 11 1 " i I : .', i ■ . . 1 1 rt 1 P.',‘•-1. . 1 II . iii 1 ?, 4 4 • . i. '1•;) 41) ''------ _ -, 1 i .. 1 it,.. .i/ 'il,, 61t1 , /I .s-r■ I 1 ;1 :.11 i L.._Ai 11,, . I fil i _ '. ' /1/ . ii f \ A A ,.., '•111A 9'i A — -t- / -r t I / I ') C) G '-i ,i - - ; '''' ?,.;4 •7 4 4,7/".... ®____... i .N i'f i:VE 71' , ' . , •.1, I S' • '' ' : ,. f i "11-e .1 i •E ti l :I ! ! I , . e... 0 17 .1 5 •i, -1 1 4 6 i iZ -,, ir ',, — if 1 4:. e ISITE"LAYOUt-DETATL ARb---- s' ''' , . RICH KING MEMORIAL PLANTING PLAN i,t„s , • 1 i 1:14,,. ::‘1%* GREENWAY Eztirlt, -1=, S-I --''' ;III, - ottitik !. . - NAPLES.FLORIDA 1.-1'gli_eN447s101'1 1.Z11.1-::Z‘,1•11,•1C Tale _.. , EXHIBIT "A" c PP) Packet Page-1896- .......— 9/10/2013 16.F.1 . ` EXHIBIT B° FPL. NOTIFICATION OF FPL FACILITIES Customer/Agency Date of Meeting/Contact: Developer/Contractor Name Project Number/Name: Location of Project City: FPL Representative Phone: Developer/Contractor Representative FPL Work Request#/Work Order#: FPL calls your attention to the fact that there may be energized,high voltage electric lines,both overhead and underground,located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person,tool,machinery,equipment or object closer to FPL's power lines than the OSHA-prescribed limits. If it will,you must either re-design your project to allow it to be built safely given the pre-existing power line location, or make arrangements with FPL to either deenergize and ground our facilities,or relocate them,possibly at your expense.You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors,and their employees,will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction,and,if so,when and where. Therefore,if it becomes necessary for any contractor or subcontractor,or their employees,to operate or handle cranes, digging apparatus,draglines, mobile equipment,or any other equipment,tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work In a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The National Electrical Safety Code('NESC')prescribes minimum clearances that must be maintained, If you build your structure so that those clearances cannot be maintained,you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such,you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances. It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: 1. Make absolutely certain that all persons responsible for operating or handling cranes,digging apparatus,draglines,mobile equipment or any equipment,tool,or material capable of contacting a power line,are in compliance with all applicable state and federal regulations,including but not limited to U.S.Department of Labor OSHA Regulations,while performing their work. 2. Make sure that all cranes,digging apparatus,draglines,mobile equipment,and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U.S.Department of Labor OSHA Regulations. 3. Post and maintain proper warning signs and advise all employees,new and old alike,of their obligation to keep themselves,their tools, materials and equipment away from power lines per the following OSHA minimum approach distances(refer to OSHA regulations for restrictions): *Power Line Voltages Personnel and Equipment Cranes and Derricks "Eouipment,Crane&Derrick Travel under or near Power Lines ('"'29 CFR 1910.333 and 1926.600) (29 CFR 1926.1407,1408) (29 CFR 1926.600-Equipment) (1926.1411-Cranes and Derricks) 0-750 volts 10 Feet 10 Feet 4 Feet 4 Feet 751-50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet 69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet 115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet 500,000 volts 25 Feet 25 Feet 16 Feet 16 Feet *When uncertain of the voltage,maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. On Construction Sites,with no load. ""For personnel approaching insulated secondary conductors less than 750 volts,avoid contact. 4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days (excluding weekends)in advance of commencement of excavation to ensure facilities are located accurately. 5. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention&Safety Act and all local city and county ordinances that may apply. 6. When an excavation is to take place within a tolerance zone,an excavator shall use increased caution to protect underground facilities. The protection requires hand digging,pot holing,soft digging,vacuum methods,or similar procedures to identify underground facilities. A copy of this notification must be provided by you to each contractor and subcontractor on this project,to be shared with their supervision and employees prior to commencing work on this project. Means by which this notification was provided to customer and/or contractor Address FPL Representative Signature Date Customer/Developer/Contractor Representative Signature Date Form 360 Rev.11/08/10 Packet Page-1897- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Aiew.Recommendation to approve the attached revised Travel Request in the amount of$1,478 for the Airport Authority Executive Director to attend the Florida Airports Council Annual Conference and Exposition in Orlando,Florida. OBJECTIVE: To have the Airport Authority Executive Director attend the Florida Airports Council (FAC) Annual Conference and Exposition July 27 through July 31, 2013 in Orlando, Florida. CONSIDERATIONS: The Florida Airports Council conference is the largest single-state aviation conference in the nation. Expected speakers at the conference include federal and state leaders and industry professionals who will be discussing issues affecting Florida's airports. On April 9, 2013, Agenda Item 16G1, the Board of County Commissioners approved a Travel Request in the amount of $1,358 for the Executive Director to attend the annual FAC conference from July 28 through July 31, 2013 on April 9, 2013, Agenda Item 16G1. Due to a change in schedule to enable the Executive Director to attend meetings on July 27 and 28, travel plans have been revised. As a result, the Travel Request to be revised to increase the total cost by $120, from $1,358 to $1,478. This travel request will replace the previously approved request for the Executive Director to attend the 2103 FAC Conference. The Airport Authority's Executive Director's attendance at this event provides a valid public purpose, professional development, and networking opportunities. Approval of the attached documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. This expense is already accounted for in the Airport Authority's FY2013 budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: Mr. Curry's Employment Agreement provides in relevant part as follows: "Section 15: Professional Development The Authority agrees to pay for the reasonable and customary travel expenses (as set forth in County policy and Florida law) for the Employee and his staff's travel and attendance at any meetings and conferences, which the Authority shall approve in advance." Packet Page -1898- 9/10/2013 16.F.1 . This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote by the Airport Authority. -JAK RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority, approves the attached revised Travel Request in the amount of $1,478 for the Airport Authority Executive to attend the Florida Airports Council Annual Conference and Exposition on July 27 through July 31, 2013 in Orlando, Florida. PREPARED BY: Chris Curry, Executive Director, Airport Authority Packet Page-1899- 9/10/2013 16.F.1. COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve the attached revised Travel Request in the amount of$1,478 for the Airport Authority Executive Director to attend the Florida Airports Council Annual Conference and Exposition in Orlando, Florida. Meeting Date: 8/13/2013 Prepared By Name: BrueggemanDebra Title: Operations Coordinator,Airport Authority 8/1/2013 10:34:32 AM Submitted by Title: Executive Director-Airport Authority,Airport Aut Name: Curry Chris 8/1/2013 10:34:33 AM Approved By Name: Curry Chris Title: Executive Director-Airport Authority,Airport Aut Date: 8/1/2013 1:54:44 PM Name: KlatzkowJeff Title: County Attorney Date: 8/13/2013 2:52:13 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 8/13/2013 3:39:37 PM Name: KlatzkowJeff Title: County Attorney Date: 8/13/2013 3:55:07 PM Packet Page-1900- 9/10/2013 16.F.1 . Name: OchsLeo Title: County Manager Date: 8/13/2013 5:06:45 PM Packet Page-1901- 9/10/2013 16.F.1 . 0 Z c. , . o 0 eu Al ONO b Ew. V oo Q c° Z AI >" :CI pZCI) ft ir eeo o a A cu I . 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Notes of, R mapquest Trip to: 4600 N World Dr Lake Buena Vista, FL 32830-8413 234.72 miles/3 hours 48 minutes 2005 Mainsail Dr, Naples, FL 34114-8955 3.Go north on Collier Blvd.Map 11.6 Mi 13.5 Mi Total .t.t mu 4.Merge onto 1-75 N via the ramp on the left toward Tampa.Map 159.7 Mi if you reach City Gate Dr you've gone about 0,2 miles too far 173.1 Mi Total t1 am 5.Merge onto 1-4 E via EXIT 261 toward Orlando.Map 53.0 Mi iXk7 226.1 Mi Total to 6.Take EXIT 62 toward Disney World.Map 0.8 Mi FY.kY 226.9 Mi Total 7.Merge onto World Dr.Lim 6.2 MI 233.1 Mi Total 8.Take N World Dr toward Wilderness Lodge.Map 1.6 Mi 234.7 Mi Total 9.4600 N WORLD DR is on the right.Map If you reach Contemporary Resort Access Rd you've gone about 0.1 miles too far 9 4600 N World Dr, Lake Buena Vista, FL 32830-8413 Total Travel Estimate: 234.72 miles-about 3 hours 48 minutes BOOK TRAVEL with mapquest (877) 577-5766 ©2013 MapQuest,Inc.Use of directions and maps is subject to the MapQuest Terms of Use.We make no guarantee of the accuracy of their content,road conditions or route usability.You assume all risk of use.View Terms of Use httn://www.manauest.com/print?a=app.core.'Packet Page-1903-1e65010 7/25/2013 9/10/2013 16.F.1 . 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Home I Mobile Site I Newsroom I Regions I Staff Direct( G U.S. General Services Administration Home>Ppjcy&Regulations>Travel and Relocation Policy>Per Diem> Per Diem Meals and Incidental Expenses ( M&IE Overview Breakdown FY201 FY 2013 Highlights Per Diem Files(Archived) The following table is provided for federal employees who need to deduct provided meal Per Diem Mobile App their daily meals and incidental expense(M&IE)allowance. Refer to Section 301-11.18 Federal Travel Regulation for specific guidance on deducting these amounts from your c FAQ reimbursement claims for meals furnished to you by the government. Other organization Have a Per Diem Question? have different rules that apply for their employees; please check with your organization f assistance. M&IE Breakdown Factors Influencing Lodging The table lists the six M&IE tiers in the lower 48 continental United States(currently ranc Rates from $46 to$71). If you need to deduct a meal amount, first determine the location wher will be working while on official travel. You can look up the location-specific information Fire Safe Hotels www.gsa.00v/perdiem. The M&IE rate for your location will be one of the six tiers listed Per Diem Rates table. Find the corresponding amount on the first line of the table(M&IE Total)and then below for each specific meal deduction amount. Per Diem Mobile Blackberry File Download The table also lists the portion of the M&IE rate that is provided for incidental expenses (currently$5 for all tiers), as well as the amount federal employees receive for the first a calendar day or travel. The first and last calendar day of travel is calculated at 75 perce! M&IE Total $46 $51 $56 $61 $66 Continental $7 $8 $9 $10 $11 Breakfast! Breakfast Lunch $11 $12 $13 $15 $16 Dinner $23 $26 $29 $31 $34 Incidentals $5 $5 $5 $5 $5 First& $34.50 $38.25 $42 $45.75 $49.50 Last Day of Travel The shortcut to this page is www.gsa.gov/mie. Last Reviewed 2013-04-10 Print Email Favorites ci Twitter 11114 Facebook CS Share Help I Siteinap I Accessibility Aids I Linking I Privacy and Security I Contact Us htty://www.gsa.gov/portal/content/101518?ul Packet Page -1905-:m medium print-radio&utm ter... 7/25/2013 9/10/2013 16.F.1. l y-, sn4FjoWorld. Where dreams come true Arrival:07/27/2013 Departure: 07/31/2013 Thomas Curry Reservation #: 430738456111 8114 Valiant Dr Tax Exempt: Yes Naples, FL 34104-6669 Number: 85-8015966531C-1 USA Type: Non-Federal Govt Employees Group Code: G0605843 Group Name: Florida Airports Council Annual Ct Phone: 0 DVC Member Indicator: No Email: CHRISCURRY@COLL!ERGOV.NET Folio ID: 81274867 Disney's Contemporary Resort RM 4717 Guest Pay Invoice Fulfillment Date Description Property Room Charged By Charges Payments Balance 03/14/2013 Visa 7384 Walt Disney World Resort Curry, Thomas -184.50 -184.50 07/27/2013 Visa 7384 Disney's Contemporary Resort THOMAS, -471.50 -656.00 CURRY 07/27/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 164.00 -492.00 Tower-Bay Lake View-CT 07/27/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 -492.00 Orange County Tourist Development Tax 07/27/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 -492.00 Orange County Accommodation Tax 07/27/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 -492.00 Florida State Accommodations Tax 07/28/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 164.00 -328.00 Tower-Bay Lake View-CT 07/28/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 -328.0 Orange County Accommodation Tax 07/28/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 -328.00 Orange County Tourist Development Tax 07/28/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 -328.00 Florida State Accommodations Tax 07/29/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 164.00 -164.00 Tower-Bay Lake View-CT 07/29/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 -164.00 Orange County Accommodation Tax 07/29/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 -164.00 Orange County Tourist Development Tax 07/29/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 -164.00 Florida State Accommodations Tax 07/30/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 164.00 0.00 Tower-Bay Lake View-CT 07/30/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 0.00 Orange County Tourist Development Tax 07/30/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 0.00 Orange County Accommodation Tax 07/30/2013 Disney's Contemporary Resort Disney's Contemporary Resort 4717 Curry,Thomas 0.00 0.00 Florida State Accommodations Tax Total $656.00 $-656.00 $0.00. Thank you for choosing the Walt Disney World Resort! For billing inquiries, contact Guest Services at GUEST.SERVICES.BILLING©DISNEYWORLD.com OR 407-828-5630 Printed By: badek003 Printed 07/31/13, 11:14 AM Page 1 of 1 Packet Page-1906- 9/10/2013 16.F.1 . f on Brochure .4s."#'. yQ ,, A, _ 0, ,4,"",`,,, ,,. Y i 4111h Annual tiz 1 1 in 1 " 0, ,, w te,,,,,A„.., - '-:--t-N- 1 iice�.. ,t., 4#•4 v..' ____ lopilk, Iiiii„, . ,. € �. July 28-31, 2013 , , ,.. .' Lake . Vi #a, FL Hosted by ,t.'---'''''- ' '''' Greater Orlando Aviation Authority in partnership with Orlando Sanford International Airport Kissimmee Gateway Airport Lakeland Linder Regional Airport Melbourne International Airport Packet Page 1907- 9/10/2013 16.F.1 . ' Welcome sA ai ,, 0014,:, ..44, 4iii,... To all Florida Airports Council . , • , Delegates, Guests, Sponsors and Exhibitors: The Greater Orlando Aviation Authority and the Florida Airports Council extend you a warm welcome to the 44th annual FAC conference at Disney's Contemporary Resort.We hope you will enjoy your visit to"The City Beautiful"and look forward to making this a memorable conference as we discuss meeting the challenges and exploring new opportunities in our fast-paced industry., Reflecting this year's conference theme of"Soaring,to New Heights", the agenda will embrace Florida's rich history in aviation while focusing on raising the bar in our efforts to utilize the resources of travel, tourism and technology for continued success in our state and industry. Thanks to the partnership of representatives from Orlando Sanford International, Kissimmee Gateway, Lakeland Linder Regional and Melbourne International Airports, this year's program promises to include informative, thought-provoking and motivating topics involving aviation issues of the day and the future.We also invite you to discover why Orlando is the world's top tourist destination by taking advantage of the diverse selection of quality networking and recreational activities available after the day's work is completed. On behalf of the Greater Orlando Aviation Authority and the other airport partners, we appreciate your participation in this year's gathering and would like to invite you, our delegates, to join us for the event themed"Soaring to New Heights". Have an extraordinary conference and please let us know how we can help enrich your Florida Airports Council experience. Sincerely, of C.?, t ,rte Phillip N.Brown, A.A.E. Executive Director Greater Orlando Aviation Authority oisisimismaimmiimmillimmiimitimialanamomemosaimivimseisiessessimiaminiiiimilimmalp 2 • FAC Packet Page -1908- • fi 5„.;1:cx.,. �....,.. ���✓vim„_;... q,,,,;0, „. ' yo-.....:. '.'415 ,„.,.,„�H >, ., ......... .. '" .,� z.. .... .-- •a 9/10/2013 16.F.1 . Hotel Disney's contemporary Resort ' --� _ -- o aewrac r wnrtarrrrrar awr cmos -1 m r " . i=i .�. 1 � » block of rooms is being held � � � '~ A e. at Disney's Contemporary Resort located at 4600 North ' g World Drive, Lake Buena Vista.Rising majestically between the shores of Bay Lake and Seven Seas Lagoon, ---- � „�"�,, , the resort offers breathtaking: 4ne orary Ash' conveniences surround guests as sleek Photo:©Disney monorails glide through the stunning 90 Special Discounts foot atrium lobby. 4 All conference guests registered at , i,,,,,,,,/,: ,,,,,2 Disney's Contemporary Resort will All attendees will receive a special rate $ receive a 10%discount on standard spa of$164 per night plus tax.Reservations �\: services at the hotel's Fitness Center must be made prior to Friday,Jul 5, in �� P Y July during the dates of the meeting. order to guarantee this rate.The group rate will not be honored by the hotel after + All conference attendees wishing to play the cut-off date or if the block sells out. ''' : rte'" golf individually will receive a discounted Additional rooms may be available at a iy.,r rate of$69 per player plus tax for green higher rate. ow ` < fees and cart for play at Disney's Osprey i Ridge, Magnolia, Palm or Lake Buena To make your hotel reservations call ,, i Vista golf courses.Booking will be 407-939-4686 and identify yourself as subject to availability. These discounted part of the Florida Airports Council (FAC) rates are available from July 25 August Group.Disney's Contemporary Resort 5.To make your golf tee booking call the will extend this special group rate three Master Starters at 407-WDW-GOLF and days before and three days after the mention the Florida Airports Council. conference date, based on availability. Self parking, use of the resort's fitness Photo:©Disney center and Wi-Fi internet access in the guest rooms are complimentary.Valet Disney's Magical Express parking is available at$15/day. Service Take the hassle out of arrival with A deposit of one night's room and tax is Disney's Magical Express Service! ,r �a. required upon booking a reservation.An This complimentary service provides --,, individual's deposit is refundable if the transportation for you and your bags resort receives notice of cancellation at from Orlando International Airport :.- ! least five days prior to their scheduled (MCO)to your Disney Resort Hotel, ,, t arrival date. then back again at the end of your stay. Luggage is delivered right to your Resort All business sessions and the Exhibit Hall room.To book, call 407-827-6777 or ' ' �` _ iV are located at Disney's Contemporary visit www.disneyconventiontickets.com/ &, Resort. disneyworld/transportation/. 1 Photo:©Disney Packet Page AC 1909- � ���� 4 s F • 3 9/10/2013 16.F.1 . Registration Information Delegate Registration Tuesday Afternoon Tour of the Information Orlando International Airport (pm) The registration form,found on page 7, outlines Take advantage of the opportunity to see how the QUESTIONS? the costs of the conference to FAC members airport has progressed over the past 30 years, how and non-members,as well as the cost savings it operates today, and the plans for the future.The Contact FAC at for registering early.The registration fee for FAC tour will cover areas including continuity of business (850)224-2964 or members and non-member delegates includes: throughout the Airport Operations Center(AOC) mc@floridaairports.org • All conference sessions and scheduled as well as Operations and Ground Transportation meals with a special focus on a rather unique operation... A • Sunday Evening Welcome Reception OIA's Disney's Magical Express(DME)concept. • Monday Night Event—`Soaring to New There is sure to be something to pique the interest of Heights' everyone.The tour will be limited to the first 40 people � • Tuesday Afternoon Golf, Fishing or Airport to sign up.There will be round trip bus transportation Tour(based on availability) from Disney's Contemporary Resort with a total transportation/tour time of approximately 21/2-3 hours. Day Registration Registration is available for those who would FAC Education Foundation , like to attend the conference for one day only.It does not include tournaments on S'lent Auction Tuesday afternoon.One Day Registration will The FAC Education Foundation will be holding t also be available onsite at the conference. a Silent Auction Sunday and Monday during the Attendees may only purchase a single One conference. Proceeds from the auction will support Day Registration;those wishing to attend the the Foundation's scholarship program, internships conference for multiple days must purchase a and FAC Student Chapters. If you are interested in full conference registration. donating an item for the Silent Auction or making a Alilk cash donation to the Education Foundation please •.. contact the FAC Office at(850)224-2964.The Advance Ic Tuesday Afternoon Tournaments Foundation is a 501(3)(c) not-for-profit corporation and Purchase special (Golf and Fishing) your financial contribution may be tax deductible. Disney Meeting/ These events are included in the registration Convention tickets in fee for member and non-member delegates; Membership advance.Available only however, participation is limited to 144 golfers to meeting attendees, and 70 fishermen.Participants for these events In addition to considerable cost savings for Annual their guests and family must sign-up in the registration area beginning Conference registration, FAC members also enjoy members, Disney's at 12:00 p.m.on Sunday,July 28.Sign-ups numerous other benefits, including participation on multi-day and half-day will be taken on a first-come,first-served basis FAC committees, receipt of the bi-weekly newsletter, Meeting/Convention and no person will be allowed to sign-up any listing in the membership directory and discounted Tickets are designed individual other than themselves.The golf registration/exhibit fees for all FAC events.To complete to fit any agenda and tournament will take place at Disney's Magnolia a membership application,visit www.floridaairports. can only be purchased Golf Course. The fishing tournament will take org/join.cfm in advance. For more place on Bay Lake and Seven Seas Lagoon at information,visit www. Walt Disney World')Resort.Fishing this year Registration/Cancellation disneyconventiontickets. will be in small boats with 35 people fishing com/disneyworld/parks/. from 1:30-3:00 p.m.and 35 people fishing from Substitution Policy 3:30-5:00 p.m.Additional Booth Personnel,One Registrations and cancellations must be submitted Day Registrants, State Employees,and Spouse/ in writing.Registrations cannot be split among Guests interested in participating in the Tuesday attendees or session days.Refund requests received afternoon tournaments can sign-up and pay on or before July 5, are subject to a$150 processing the additional fee onsite.Participation in either fee.There will be no refunds given after that date. of these tournaments is limited to conference Substitutions will be accepted without penalties.For registrants. cancellations, refunds,or substitutions, contact FAC alook mc@floridaairports.org or(850)224-2964. 4 • FAC ck Page Pa a 9/10/2013 16.F.1 . Spouse/Guest Registration Children's Participation Information There is no official FAC children's program; This program is open to spouse/guests of however children up to age 13 may participate full-registrants only.Spouse/Guest refers to in the following: a spouse,significant other or child between the ages of 13 and 17 when accompanied by an adult;NOT a business associate or staff • Children are come to attend the Welcome colleague affiliated with the aviation industry. Reception with the Exhibitors from 5:30- 7:30 p.m.when accompanied by an adult. The registration fee for the Spouse/Guest Program includes: • $50`Disney Gift Card'to use during your • Children may attend the Monday stay. This card may be used for meals not Night Event for an additional fee when with the program or in the gift accompanied by an adult. Children's shop. tickets will be available for purchase onsite only during registration hours. Please be aware that the Monday Night • Welcome Reception with the Exhibitors* Event will take place in a confined area at Epco '. The group will not have access to the rest of the park and an activity has been planned that has a minimum height • Spouse/Guest Breakfast at hotel and restriction of 40". orientation presentation • Monday Night Event—`A Soaring Summer If you prefer not to bring your children, Night' please visit www.disneyworld.disney. go.com/recreation/kids-activities for other alternatives. • Boxed Lunch • Leadership Luncheon Sonso Sponsorship Opportunities *The Spouse/Guest Program includes !' admission into the Exhibit Hall on Sunday but Show your commitment to Florida's airport industry by becoming a does not include admission into the Exhibit sponsor of FAC's 44th Annual Conference.By sponsoring an event, Hall on Monday or Tuesday. your company will receive immediate recognition at that event and in other areas.You will get maximum exposure with hundreds of industry For those not interested in registering for executives and decision-makers at the conference,as well as recognition the Spouse/Guest Program in its entirety, by the FAC membership in a variety of other ways,including the FAC individual tickets for the Sunday Welcome website and newsletter. Reception with the Exhibitors and the Monday Night Event will be available for purchase The FAC Board of Directors understands that many worthwhile onsite during registration hours. organizations ask for your financial support and we appreciate your commitment to the Council and its initiatives. For a sponsorship registration form and detailed list of available opportunities,either visit www.floridaairports.org/meetings or contact FAC at(850)224-2964 or mc@floridaairports.org Packet Page 1911 FAC • S 9/10/2013 16.F.1 . FAC Annual Conference Program Schedule osmit SATURDAY, JULY 27 1:30—2:30 p.m. General Session III ("Soar"): State of the Industry 1:00—3:00 p.m. CFASPP Statewide Meeting 2:30—3:00 p.m. Networking Refreshment Break with 3:30—5:30 p.m. FAC Board of Directors Meeting Exhibitors SUNDAY, JULY 28 3:00—4:00 p.m. General Session IV: Who Are Our Customers and How Do We Treat 10:00—4:00 p.m. Exhibitor Registration and Set-Up Them? 10:00—7:30 p.m. FAC Education Foundation Silent 4:00—5:30 p.m. FAC General Membership Meeting Auction 6:15 p.m. Buses Begin Boarding for Monday 10:30—11:30 a.m. Environmental Committee Meeting Night Event 10:30—11:30 a.m. Federal Affairs Committee Meeting 7:00—10:00 p.m. Monday Night Event—'A Soaring 10:30—11:30 a.m. Security Committee Meeting Summer Night' 12:00—7:00 p.m. Registration for Delegates and TUESDAY, JULY 30 Spouse/Guests 8:00—10:30 a.m. Registration Open 12:30—1:30 p.m. Noise Abatement&Community Affairs Committee Meeting 8:00—9:30 a.m. Exhibit Hall Open 12:30—1:30 p.m. State Affairs Committee Meeting 8:00—9:30 a.m. Networking Breakfast with Exhibitors 2:00—3:00 p.m. Corporate Committee Meeting 9:30—10:30 a.m. General Session V: FDOT Update and Awards 2:00—3:00 p.m. Education Committee Meeting 10:30—11:30 a.m. General Session VI: FAA Update 2:00—3:00 p.m. General Aviation Committee Meeting 11:30 a.m. Box Lunch Pick Up 3:30—4:30 p.m. Facilities Committee Meeting 12:00 p.m. Buses Board for Golf Tournament 3:30—4:30 p.m. Information Technology Committee Meeting 12:15 p.m. Bus Boards for Airport Tour 5:30—7:30 p.m. Welcome Reception with Exhibitors 1:15 p.m. Meet at Dock for Fishing Tournament (Group 1) MONDAY, JULY 29 3:15 p.m. Meet at Dock for Fishing Tournament 7:30—4:30 p.m. Registration Open (Group 2) 7:30—4:30 p.m. Exhibit Hall Open WEDNESDAY, JULY 31 7:30—5:30 p.m. FAC Education Foundation Silent 8:00—9:30 a.m. Registration Open Auction 8:00—9:30 a.m. FAC Breakfast and General 7:30—9:00 a.m. Networking Breakfast with the Membership Meeting Exhibitors 9:30—10:30 a.m. Concurrent Session 1:TSA Privatization 9:00—9:30 a.m. Conference Welcome and Opening —Screening Partnership Program Ceremonies 9:30—10:30 a.m. Concurrent Session II:Airport 9:30—10:30 a.m. General Session I ("Discover"): Privatization Development of Commercial Spaceports in Florida 10:30—11:00 a.m. Networking Refreshment Break 10:30-11:00 a.m. Networking Refreshment Break with 11:00—12:00 p.m. Concurrent Session III:Airports the Exhibitors Helping Airports—Emergency Management/Response 11:00—12:00 p.m. General Session II ("Explore"): Airport Next Gen...Today and 11:00—12:00 p.m. Concurrent Session IV:Airport Tomorrow Facilities—Emerging Trends in Infrastructure 12:00—1:30 p.m. Networking Lunch with Exhibitors 12:00—2:00 p.m. Leadership Luncheon 6 • FAC Packet Page -1912 =e t.,.,a, ,,.,. 3„fin . -i ;. ;mil ��.... ✓a P --..-�... ia ,,,� ,_ � sLy<. ,� -., ,_,.� s�S'�.....��. _ .. .... sr �....�... ...�..���>,..�. _ ��- xa 9/10/2013 16.F.1 . official Registration Form „ ,,,,,,,,tw, ,., gillop .,.. ., 44th Annual FAC Conference and Exposition 4.0.:‘,...-.. f July 28-31, 2013 , for Delegates,Spouse/Guests and One Day Registrants. Future correspondence will be sent to the below address and/or email: Full Name Nickname for Badge Title Airport/Company Address City State Zip Code Phone Fax Email Emergency Contact Phone ❑Check Enclosed(made payable to FAC) ❑Credit Card: ❑ MasterCard ❑ Visa ❑ American Express Name on Card Credit Card Number Exp.Date Billing Zip Code Authorize Card to Be Charged$ Email Address of Cardholder Signature of Cardholder SI �I CI Please check here if you require special assistance :s (CHECK ALL THAT APPLY) a or have special dietary requirements and attach a Paid on/before 7/5/13 Paid after 7/5/13 description of your needs. 1.Member/Federal Employee+} ❑$425 ❑ $535 v 2.Non-member++ ❑$760 ❑$890 f.. , ' - Q , iC , J . 3.Florida State Employee/Official° ❑$650 ❑$650 Registrations and cancellations must be submitted in writing. 4.Member Spouse/Guest(Age 13+)7( ❑$220 ❑$330 Registrations cannot split among attendees or session days. Refund requests received on or before July 5 are subject to a Name: $150 processing fee.There will be no refunds given after that date. 5.Non-member Spouse/Guest(Age 13+)X ❑$410 ❑$520 Substitutions will be accepted without penalties.For cancellations, refunds,or substitutions,contact FAC at mc@floridaairports.org or Name: (850)224-2964.In the event this meeting is postponed/canceled 6.Florida State Employee/Official for reasons beyond our control we will notify all registrants and Spouse Guest(Age 13+)7( ❑$375 ❑ $375 refund the registration fee in full.However,any additional costs incurred by the registrant are the responsibility of the registrant. Name: 7.One Day Registration(Mon.)+ ❑$330 ❑$440 i :" i f „,, .,_2 _ f 8.One Day Registration(Tues.)° ❑ $220 ❑ $330 Florida Airports Council 9.One Day Registration(Wed.) ❑$165 ❑ $275 250 John Knox Road, Suite 2,Tallahassee, FL 32303 Attendees may only purchase a single One Day Registration;those wishing Phone(850)224-2964 Fax(850)681-6185 to attend the conference for multiple days must purchase a full conference Confirmation of your registration will be sent prior to the registration. conference.If you do not receive a confirmation letter,please ++Includes Tuesday afternoon sporting events based on availability contact FAC.Non-receipt of the confirmation letter is not °Does not include any Tuesday afternoon sporting events justification for seeking a refund. 7(Spouse/Guest of full registrants only.Spouse/Guest may not be employed by an airport For more information,please email mc@floridaairports.org. or airport-related company.Requires name of full registrant.Full details of the Spouse/ Guest Program can be found on page 5. +Includes Sunday Evening Reception with the Exhibitors REGISTER ONLINE AT WWW.FLORIDAAI Packet Page -1913-:ETI GS FAC • 7 9/10/2013 16.F.1 . PRESORTED FIRST CLASS U.S. Postage PAID 1-11 a___•••,,,, Tallahassee, FL Permit#801 FLORIDA AIRPORTS COUNCIL 250 John Knox Road, Suite 2 Tallahassee, FL 32303 www.floridaairports.org/meetings Join 1 '.' TO fE The 44th Annual Florida Airports - , r�, Council Conference wail at Disney's Contemporar tes t r frost,the Greater Orlando Avi� Orlando Sanford , : ��, r Airport,t.a a ,,1i ativ. .?' Interrtattonat inch dtrtg - xc pert ,,f FAC expects About FAG y// � � � ''-,--',"1;‘ The Florida Airports Council is one of the largest and most successful state- it focused aviation organizations in the nation with membership consisting o 19 commercial service airports, 75 general aviation airports and more than 200 corporate, ,: educational,associate and student members.FAC's success "te ; is due to leadership from Florida's commercial and general aviation airports and support from Florida's leading aviation .. it f +" " r� C€i CIL companies. �� The mission of the Florida Air orts Council is to advocate :.. P A..' � i _ �e Al ���' the development,im rovement,and enhancement of air orts and aviation in Florida and support the educational and e Packet Page-1914- development needs of its members. 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve a Grant Agreement Amendment that terminates Collier County's responsibility for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program for the Homeless Information Management System (HMIS) Project in the amount of$99,662 in order for U.S.Housing and Urban Development(HUD)to transfer the grant to Catholic Charities. OBJECTIVE: To terminate the contract between HUD and Collier County in order to transfer the CoC HMIS program to Catholic Charities. CONSIDERATIONS: Collier County was the CoC HMIS lead agency since 2006. New Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act regulations, give the local Continuum of Care(CoC)Committee the sole discretion to appoint the HMIS Lead Agency. At the December 6,2012 CoC Committee meeting, the members voted to recommend a transfer of HMIS Lead Agency from Collier County Housing, Human and Veteran Services (HHVS) to Catholic Charities of Collier County, Diocese of Venice. HHVS sent notification to HUD of the relinquishment of HMIS Lead Agency duties on December 12, 2012. HUD accepted the County's request and has been working with HHVS to transfer the grant. Since the designation of lead agency changed during the middle of the grant year, HUD instructed the HHVS office that Collier County needed to apply for the upcoming renewal cycle. On January 8, 2013, Agenda Item 16.D.5, the Board of County Commissioners approved the electronic grant submittal for the FY2012 CoC HMIS grant renewal on behalf of Catholic Charities. HUD guidance at that time indicated that depending on the timing of the award, HHVS staff may need to request Board acceptance of the funding. On July 3, 2013 HUD notified the HHVS office that the Board would need to accept the contract for the renewal funding for FY2012. HHVS was further informed that once the fully executed agreement was sent back to HUD, its office would prepare a termination agreement between Collier County and HUD to be brought to the Board for approval. The termination agreement would sever ties to Collier County for the CoC HMIS grant and HUD would then contract directly with Catholic Charities. At the July 23, 2013 absentia Board meeting, the HUD contract was accepted for the HMIS funds. This was the first step in transferring the CoC HMIS contract from Collier County to Catholic Charities. The execution of the grant Agreement Amendment allows the continuation of the HMIS program to support County citizens, and will not have any negative impact on the public. This is merely an administrative action. HHVS supports this action and supports the growth of the CoC. The HMIS transfer from Collier County to Catholic Charities took place on April 30, 2013 when the current grant expired. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Packet Page-1915- 9/10/2013 16.F.1 . otow FISCAL IMPACT: No budget amendment is necessary to terminate the contract between the County and HUD since no funds will be managed by HHVS. The action to terminate the funding and project implementation will continue to benefit Collier County under another lead agency. LEGAL CONSIDERATIONS: The Grant Agreement Amendment is a standard HUD document. Approval of this item will remove the County's responsibilities and obligations under the CoC HMIS grant award. Catholic Charities, as the project recipient,will become directly responsible for carrying out all eligible activities. This item is approved as to form and legality and requires a majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: This application is consistent with the Growth Management Plan. RECOMMENDATION: To approve a Grant Agreement Amendment between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program for the Homeless Information Management System (HMIS) Project in the amount of$99,662. Prepared By: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services Packet Page -1916- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve a Grant Agreement Amendment that terminates Collier County's responsibility for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program for the Homeless Information Management System (HMIS) Project in the amount of$99,662 in order for U.S. Housing and Urban Development (HUD) to transfer the grant to Catholic Charities. Meeting Date: 8/13/2013 Prepared By Approved By Name: BetancurNatali Title: Operations Analys,Parks &Rec-NCRP Admin Date: 8/8/2013 9:05:27 AM Name: GrantKimberley Title: Interim Director Date: 8/8/2013 10:18:20 AM Name: Joshua Thomas Title: Grants Support Specialist, Date: 8/8/2013 10:35:09 AM Name: CarnellSteve Title: Purchasing/General Services Director Date: 8/12/2013 1:23:58 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 8/13/2013 1:47:21 PM Name: KlatzkowJeff Title: County Attorney Date: 8/13/2013 2:53:46 PM Packet Page -1917- 9/10/2013 16.F.1 . Name: FinnEd Title: Senior Budget Analyst,OMB Date: 8/13/2013 5:27:54 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/14/2013 9:42:16 AM Name: OchsLeo Title: County Manager Date: 8/14/2013 3:49:08 PM Packet Page -1918- 9/10/2013 16.F.1 . �Q'PMEnTOFyo U.S.Department of Housing and Urban Development np, z =o*III VIII lir 4 Region IV, Miami Field Office 'e•NOE.: Brickell Plaza Federal Building 909 SE First Avenue, Room 500 Miami,FL 33131-3028 GRANT AGREEMENT AMENDMENT This Agreement is made this day,July 8, 2013 by and between the United States Department of Housing and Urban Development(HUD) and Collier County,Florida,whose tax ID No. is 59-6000558. RECITALS 1. HUD and Recipient entered into the Grant Agreement for project number FL0294L4D061204 (FL-606-HMIS Renewal 2012),located in Naples,Florida. 2. Under the terms of the Grant Agreement,Recipient received a grant from HUD in the amount of $99,662 to be used to carry out the project described in the Grant Agreement over a one-year period. 3. Recipient desires to make changes in the grant to change the recipient to Catholic Charities of Collier County. 4. HUD has reviewed the initial application and the proposed changes and has determined that, with the changes,the application ranking would have been high enough to have been competitively selected in the year the application was initially selected. 5. The need for assistance for homeless persons continues within the jurisdiction within which the project is located and the need for the project continues. 6. The same level of services will be provided to the same number of homeless clients as set forth in the original application with no additional HUD funding. 7. HUD has reviewed the project and the performance of the Recipient and has determined that the project is worthy of continuation. 8. HUD and the Recipient have agreed to amend the Grant Agreement as follows: by changing the recipient from Collier County Board of Commissioners to Catholic Charities of Collier County. HUD's mission is to increase homeownership,support community development and increase access to affordable housing free from discrimination. www.hud.gov espanol.hud.gov Packet Page -1919- '�� 9/10/2013 16.F.1 . Auk AGREEMENTS 1. The Grant Agreement is hereby changed as follows: The technical submission and the budget are approved to reflect the change in recipient. 2. The recipient is changed from Collier County Board of Commissioners to Catholic Charities of Collier County. 3. The budget remains as follows: HMIS: $99,662 4. The effective date of these changes made is May 1, 2013. 5. All other provisions of the Grant Agreement not previously amended remain as approved. 6. This grant remains in effect until the expiration date of April 30, 2014. This agreement is hereby executed on behalf of the parties as follows: THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA, Ask by the Secretary of Housing and Urban Development By: Ann D. Chavis,Director Community Planning and Development X913 Approved PP rov as to form and legality RECIPIENT Assistant County At omey Collier County,Florida By: Georgia A. Hiller, Chairman Collier County Board of Commissioners Date Packet Page -1920- �Y 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve the Collier County One Year Action Plan for FY2013-2014,including re-program funds from previous years for Community Development Block Grant (CDBG), Home Investment partnerships (HOME, and Emergency Solutions Grant (ESG) Programs; authorize the approved resolution, U.S. Department of Housing and Urban Development (HUD) Certifications, and SF 424 Application for Federal Assistance,and authorize transmittal to the HUD. OBJECTIVE: Accept federal entitlement funds from HUD for CDBG, HOME and ESG funds and re- program funds from previous years. CONSIDERATIONS: On July 26, 2011, Agenda Item No. 10H, the Board of County Commissioners (BCC) approved submission of the County's 5-Year Consolidated Plan for the period of FY2011-2016 to HUD. As part of the County's Consolidated Plan, the Housing, Human and Veteran Services (HHVS) Department is required to adopt and submit an annual action plan each year. This is the third year of the Five Year Consolidated Plan. The annual action plan was developed following BCC approved protocol as outlined in the County's Citizen Participation Plan The County's process for project selection begins with an application, followed by recommendation by the review and ranking committee. Recommended projects are then outlined and described in the Action Plan and eventually finalized in a legal agreement approved by the Board of County Commissioners. There may be non-material discrepancies in project descriptions between the application, action plan and the agreement which are specified at the time the agreement is presented to the Board for approval. Local non-profit organizations submitted a total of nineteen (19) applications for HUD grant funding during the entitlement grant application period and fifteen (15) projects have been recommended for award. A Ranking and Review Committee reviewed, scored and recommended projects for CDBG and HOME. With the recent changes to the HEARTH Act (Homeless Emergency Assistance and Rapid Transition to Housing), the local Continuum of Care Committee has taken a higher profile in local homeless decisions. Therefore, partnering with the local CoC Committee, HHVS asked that a separate Ranking and Review Committee, comprised of members of the Continuum of Care Committee convened to review, score and recommend projects for the ESG funds. Program FY13-14 Re-Program Total Allocation Allocation CDBG $2,092,307 $ 499,614 $2,591,921 HOME $ 474,031 $ 1,367,376 $ 1,841,407 ESG $ 132,640 $ 49,227 $ 181,867 The specific projects recommended for funding can be found in the Action Plan,pages 2 through 4. Substantial amendments for re-program funds will be presented to the Board at a later date. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board,the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Packet Page-1921- 9/10/2013 16.F.1 . FISCAL IMPACT: Acceptance of the Annual Action Plan will have no effect on ad valorem or general fund dollars. The total Entitlement allocation to Collier County and Naples will be $2,698,978 (CDBG - $2,092,307, HOME - $474,031 and ESG - $132,640). The re-programmed unspent and/or unallocated funds total $1,916,217 (CDBG - $499,614, HOME - $1,367,376 and ESG - $49,227). The overall total allocation for FY2013-2014 funding year is$4,615,195.Funds will be available within the Housing Grant Fund(705). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is approved as to form and legality, and requires a majority vote. -JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action. RECOMMENDATION: To approve the Collier County One Year Action Plan for FY2013-2014, including re-program funds from previous years for CDBG, HOME and ESG Programs; authorize the approved resolution, HUD Certifications and SF-424 Application for Federal Assistance and authorize transmittal to the HUD. Prepared By: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services Amok Packet Page -1922- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve the Collier County One Year Action Plan for FY2013-2014, including re-program funds from previous years for Community Development Block Grant (CDBG), Home Investment partnerships (HOME, and Emergency Solutions Grant (ESG) Programs; authorize the approved resolution, U.S. Department of Housing and Urban Development (HUD) Certifications, and SF 424 Application for Federal Assistance, and authorize transmittal to the HUD. Meeting Date: 8/13/2013 Prepared By Name: McKuenElly Title: Grant Support Specialist,Housing,Human&Veteran 7/23/2013 8:59:02 AM Submitted by Title: Grant Support Specialist,Housing,Human&Veteran Name: McKuenElly 7/23/2013 8:59:03 AM Approved By Name: MesaNancy Title: Accountant,Housing, Human&Veteran Services Date: 8/8/2013 2:07:49 PM Name: BetancurNatali Title: Operations Analys,Parks&Rec-NCRP Admin Date: 8/8/2013 2:57:44 PM Name: GrantKimberley Title: Interim Director Date: 8/9/2013 6:31:43 PM Packet Page-1923- 9/10/2013 16.F.1 . Name: SonntagKristi Date: 8/12/2013 2:44:25 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/12/2013 4:38:21 PM Name: BelpedioJennifer Title:Assistant County Attorney,County Attorney Date: 8/13/2013 1:47:09 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 8/13/2013 4:18:47 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/13/2013 5:49:06 PM Name: KlatzkowJeff Title: County Attorney Date: 8/14/2013 10:55:07 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/14/2013 6:00:50 PM Name: OchsLeo Title: County Manager Date: 8/15/2013 10:32:13 AM Packet Page-1924- 9/10/201316.F.1 . CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,the jurisdiction certifies that: Affirmatively Further Fair Housing—The jurisdiction will affirmatively further fair housing,which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction,take appropriate actions to overcome the effects of any impediments identified through that analysis,and. maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan—It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,and implementing regulations at 49 CFR 24;and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d)of the Housing and Community Development Act of 1974,as amended,in connection with any activity assisted with funding under the CDBG or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of it,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,thc 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,it will complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions;and • . 3. It will require that the language of paragraph I and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law(as applicable)and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to he undertaken with CDBG,HOME,ESG,and HOP WA funds are consistent with the strategic plan. Section 3—It will comply with section 3 of the Housing and Urban Development Act of 1968,and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date q' 3T; Approved as to form and legality AYIQMT E. BROCK. CLERIL Asi)Zt-?-, County knorney` Packet Page -1925- 9/10/2013 16.F.1 . Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation—It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan—Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing,expand economic opportunities primarily for persons of low and moderate income.(See CFR 24 570.2 and CFR 24 part 570) Following a Plan--It is following a current consolidated plan(or Comprehensive Housing Affordability Strategy)that has been approved by HUD. Use of Funds— It has complied with the following criteria: 1. Maximum Feasible Priority.With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight.The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community,and other financial resources are not available); 2. Overall Benefit.The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2 013, 20 1 4(a period specified by the grantee consisting of one, two,or three specific consecutive program years),shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments.It will not attempt to recover any y capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income,including any fee charged or assessment made as a condition of obtaining access to such public improvements. However,if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements(assisted in part with CDBG funds)financed from other revenue sources,an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds,including Section 108,unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources.In this case,an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds.Also,in the case of properties owned and occupied by moderate-income(not low-income)families,an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force--It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its Adak Packet Page -1926- 9/10/2013 16.F.1 . jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 USC 2000d),the Fair Housing Act(42 USC 3601-3619),and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35,subparts A,B,.1,K and R; Compliance with Laws it will comply with applicable laws. Signature/Authorized Official Date rhairwnman, ("nilier County Board of County Commissioners Title < MIGHT E. BROGK, LL r <c. Approved as to form and legality 1110 . Arse:<..,�t County Ce) Packet Page-1927- 9/10/2013 16.F.1 . OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date Chairwoman, Collier County Board of County Commissioners Title ni'�1:5T: AVIONT E. BROCK, CCCi#`. . .. Approval as to form and legality Assistant County ttorney. Packet Page -1928- 9/10/2013 16.F.1 . Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance--lf the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply,affordability,and availability of decent,safe,sanitary,and affordable housing. Eligible Activities and Costs—it is using and will use HOME funds for eligible activities and costs,as described in 24 CFR§92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities,as described in§92.214. Appropriate Financial Assistance--before committing any funds to a project,it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Chairwoman, Collier County Board of County Commissioners Title ¢1► itai ; WIGHT B ROCtc a ._ Approved as to form and legality Assistant County Alt. CA Packet Page-1929- 9/10/2013 16.F.1 . ESG Certifications The Emergency Solutions Grants Program Recipient certifies that: Major rehabilitation/conversion—If an emergency shelter's rehabilitation costs exceed 75 percent of the value of the building before rehabilitation,the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of I 0 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation.If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion,the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion.In all other cases where ESG funds are used for renovation,the jurisdiction will maintain the building as a shelter for homeless individuals and families fora minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation. Essential Services and Operating Costs—In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter,the jurisdiction will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided,without regard to a particular site or structure,so long the jurisdiction serves the same type of persons(e.g.,families with children, unaccompanied youth,disabled individuals,or victims of domestic violence)or persons in the same geographic area. Renovation—Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services—The jurisdiction will assist homeless individuals in obtaining permanent housing,appropriate supportive services(including medical and mental health treatment,victim services,counseling,supervision,and other services essential for achieving independent living), and other Federal State,local,and private assistance available for such individuals. Matching Funds—The jurisdiction will obtain matching amounts required under 24 CFR 576.201. Confidentiality—The jurisdiction has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project,except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement—To the maximum extent practicable,the jurisdiction will involve,through employment,volunteer services,or otherwise,homeless individuals and families in constructing,renovating,maintaining,and operating facilities assisted under the ESG program,in providing services assisted under the ESG program,and in providing services for occupants of facilities assisted under the program. Consolidated Plan—All activities the jurisdiction undertakes with assistance under ESG are consistent with the jurisdiction's consolidated plan. Discharge Policy—The jurisdiction will establish and implement,to the maximum extent practicable and where appropriate policies and protocols for the discharge of persons from C" Packet Page-1930- 9/10/2013 16.F.1 . publicly funded institutions or systems of care(such as health care facilities,mental health facilities,foster care or other youth facilities,or collection programs and institutions)in order to prevent this discharge from immediately resulting in homelessness for these persons. Signature/Authorized Official Date Chairwoman, Collier County Board of County Commissioners Title • ATTEST: MOT BRQcK• Cato. Approved as to farm and legality issemaristalimeweesioare Assis t County 4471 rney S Packet Page-1931- 9/10/2013 16.F.1 . HOPWA Certifications The HOPWA grantee certifies that: Activities--Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building—Any building or structure assisted under that program shall be operated for the purpose specified in the plan: l. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation,or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. N/A Signature/Authorized Official Date Title A TTE`S TT. p /. r Iy • Approved as to form and legality Assistant County A ey Packet Page-1932- 9/10/2013 16.F.1 . APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 3 I, U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. �.A Packet Page-1933- 9/10/2013 16.F.1 . ,hootoo, RESOLUTION NO.2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING: A ONE-YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS FY 2013-2014; AUTHORIZING THE CHAIRWOMAN TO EXECUTE REQUIRED HUD CERTIFICATIONS; AND AUTHORIZING TRANSMITTAL OF THE PLANS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires a Five-Year Consolidated Plan and One-Year Action Plan be developed and submitted as an application for planning and funding of Community Development Block Grant (CDBG), HOME Investment Partnerships(HOME),and Emergency Shelter Grant(ESG) Programs; and WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities for low and moderate-income persons;and WHEREAS, the Five-Year Consolidated Plan for FY 2011-2016 and an updated Citizen Participation Plan were adopted by the Board of County Commissioners on July 26,2011;and WHEREAS, the FY 2013-2014 One-Year Action Plan will serve as a planning document for Collier County; an application for federal funds under the HUD formula grant programs; a strategy to be followed in carrying out the HUD programs; and an action plan that provides a basis for assessing performances. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The Board of County Commissioners of Collier County approves the FY2013- Page 1 of 3 (;) Packet Page -1934- 9/10/2013 16.F.1 . 2014 One-Year Action Plan for the CDBG, HOME, and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Housing, Human and Veteran Services Department to transmit the Plans to the proper funding authority and take all necessary actions for implementation of the CDBG, HOME, and ESG programs. 2. The Chairwoman of the Board of County Commissioners is authorized to execute certifications pertaining to the Action Plan on behalf of the County. 3. The One-Year Action Plan sets forth the dollar amounts and draft project descriptions for each project estimated for each activity to be funded by the CDBG, HOME, and ESG Programs. A copy of the proposed projects, funding and beneficiaries is included in the Executive Summary and incorporated by reference.Accordingly, the Subrecipient Agreement for all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and worthwhile County purpose. 4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this 13th day of August, 2013,after motion, second and majority vote favoring same. SIGNATURE PAGE TO FOLLOW Page 2 of 3 Packet Page -1935- 9/10/2013 16.F.1 . Asob ATTEST: DWIGHT E. BROCK,CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA By: ,Deputy Clerk By: Georgia A. Hiller,ESQ.,Chairwoman Approved as to form and legality: Jenni A.Belpedio,Assistant Cunt Attorney Y .1 Z 1 1 Page 3 of 3 C;) Packet Page -1936- I 9/10/2013 16.F.1 . �Q*4t0> arqoItot 14 * ' * Q Third Program Year r \ o' ( Action Plan The CPMP Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. SF 424 Complete the fillable fields (blue cells) in the table below. The other items are pre- filled with values from the Grantee Information Worksheet. Applicant Identifier " B 13-UC-12D016 Type of Submission Date Received by state Flrrida Application ' Pre-application Date Received by HUD Federal Identifier i] Construction [l Construction' El Non Construction 0 Non Construction Applicant Information Collier County Board of County Commissioners Contact: Kimberley Grant Public Services Division Phone: (239) 252-6287 3339 Tamiami Trail East Suite 211 Fax: (239) 252-2638 Naples, FL 34112 kimberleygrant @colliergov.net Employer Identification:Number.(EIN): DUNS# 596000558 076997790 Applicant Type: Specify Other Type if necessary: Local Government: County U.S. Department of PrograM Funding' 3 ,•. 'Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community DevelopmentSlock Grant 14.218 Entitlement Grant CDBG Project Titles Administration, Description of Areas Affected by CDBG Project(s) Coun wide/Collier County,FL CDBG Grant Amount$2,092,300 Additional HUD Grant(s) Describe . Leveraged 0 Additional Federal Funds Leveraged Additional State Funds Leveraged rU Locally Leveraged Funds 0 Grantee Funds Leveraged Anticipated Program Income 0 .Other(Describe) `Total Funds Leveraged for CDBG-based Project(s) 0 I 9 Packet Page-1937- 9/10/2013 16.F.1 . Home.Investment Partnerships Program 14.239 HOME r OME Project Titles Administra on,Tenant Based Description of Areas Affected by HOME Rental Assistance, CHDO assts rice Project(s)Court wide/Collier County, FL ' HOME Grant Amount$474,031 Additional HUD Grant(s) escribe ? Leveragedtl dditional Federal Funds Leveraged 0 Additional State Funds.Leveraged ;0 Locally Leveraged Funds $88,310 (Match) Grantee Funds Leveraged 0 •nticipated Program Income 0 I Other(Describe) otal Funds Leveraged for H ID Project(s) i Housing Opportunities for People with 14.241 HOPWA IDS HOPWA Project Titles N/A i Description of Areas Affected by HOPWA Project(s) N/A HOPWA Grant Amount$0 " Additional HUD Grants) Describe Leveraged dditional Federal Funds Leveraged dditional State Funds Leveraged ocally Leveraged Funds rantee Funds Leveraged .nticipated Program Income l her(Describe) F otal Funds Leveraged for HOPWi/A-based Project(s) Atow Emergency Shelter Grants'Program . 14.231 ESG ESG Project Titles Administraticki,Abused Women Description of Areas Affected by ESG and Children Shelter s •roject(s) countywide!Collier County, FL ESG Grant Amount$132,540 Additional HUD Grant(s) Leveraged Describe 0 dditional Federal Funds Leveraged dditional State Funds Leveraged° Locally Leveraged Funds$132,640(Match) rantee Funds Leveraged 0 nticipated Program Income 0 „ Other(Describe),FY2011-12 2 nd Allocation rc>ject match $49,227 otal Funds Leveraged for ESGibased Project(s) $181,867 Congressional Districts of: t Is application subject to review by state 14 125 t Executive Order 12372 Process? Is the applicant delinquent on any federal ❑Yes This application was made available to debt? If"Yes"please include an additional the state Ea 12372 process for review document explaining the situation. on DATE X No Program is not covered by EO 12372 '4 Q Yes 121 to 0 N/A Program has not been selected by the state for review (;) Packet Page-1938- 9/10/2013 16.F.1 . Person to be contacted regarding this application imberley Grant (239) 252-6287 kimberleygrant@colliergov.net ignature of Authorized Representative Date Signed oard of County Commissioner oilier County, Florida y: Georgia A. Hiller ESQ,Chairwoman Approved as to form and legality ATTEST: �, DYYIQHT E.BROCK,Clerk Assis' t County •�,orncy z"c. r: L2 - C3t_t'EPit� e lot li3 C) Packet Page-1939- 9/10/2013 16.F.1 . Ask f FY20 13 to FY20 14 Annual Action Plan — Year 3 Community Development Block Grant Program HOME Affordable Housing Program Emergency Shelter Grant Program Prepared by: Collier County, Florida Submitted to: The Community Planning and Development Division Miami Field Office U.S. Department of Housing and Urban Development Adopted August 13, 2013 Packet Page -1940- 9/10/2013 16.F.1 . Eti 00 I 4 Ailvtlevo The CPMP Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. 4 yet 24,, Complete the fillable fields (blue cells) in the table below. The other items are pre- filled with values from the Grantee Information Worksheet. Applicant Identifier B-13-UC-120016 Type of Submission Date Received by state Florida Application Pre-application Date Received by HUD Federal Identifier ❑ Construction ❑ Construction 11 Non Construction ❑ Non Construction Applicant Information Collier County Board of County Commissioners Contact: Kimberley Grant Public Services Division Phone: (239) 252-6287 3339 Tamiami Trail East Suite 211 Fax: (239) 252-2638 Naples, FL 34112 kimberleygrant @colliergov.net Employer Identification Number (EIN): DUNS# 596000558 076997790 Applicant Type: Specify Other Type if necessary: Local Government: County U.S Department of Program Funding Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles Administration, Description of Areas Affected by CDBG Project(s) Countywide/Collier County, FL CDBG Grant Amount$2,092,307 Additional HUD Grant(s) Describe Leveraged 0 Additional Federal Funds Leveraged Additional State Funds Leveraged 0 Locally Leveraged Funds 0 Grantee Funds Leveraged 0 Anticipated Program Income 0 Other(Describe) Total Funds Leveraged for CDBG-based Project(s) 0 Packet Page-1941- (7).?" 9/10/2013 16.F.1 . Attkfkk Home Investment Partnerships Program 14.239 HOME HOME Project Titles Administration, Tenant Based Description of Areas Affected by HOME Rental Assistance, CHDO assistance Project(s) Countywide/Collier County, FL HOME Grant Amount $474,031 Additional HUD Grant(s) Describe Leveraged° Additional Federal Funds Leveraged 0 Additional State Funds Leveraged 0 Locally Leveraged Funds $88,360 (Match) Grantee Funds Leveraged 0 Anticipated Program Income 0 Other(Describe) Total Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with 14.241 HOPWA AIDS HOPWA Project Titles N/A Description of Areas Affected by HOPWA Project(s) N/A HOPWA Grant Amount $0 Additional HUD Grant(s) Describe Leveraged Additional Federal Funds Leveraged Additional State Funds Leveraged Locally Leveraged Funds Grantee Funds Leveraged Anticipated Program Income Other(Describe) Total Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Administration, Abused Women Description of Areas Affected by ESG and Children Shelter Project(s) Countywide/Collier County, FL ESG Grant Amount$132,640 Additional HUD Grant(s) Leveraged Describe 0 Additional Federal Funds Leveraged Additional State Funds Leveraged° Locally Leveraged Funds$132,640 (Match) Grantee Funds Leveraged 0 Anticipated Program Income 0 Other(Describe) FY2011-12 2nd Allocation (project match $49,227 Total Funds Leveraged for ESG-based Project(s) $181,867 Congressional Districts of: Is application subject to review by state 14 25 Executive Order 12372 Process? Is the applicant delinquent on any federal ❑Yes This application was made available to debt? If"Yes" please include an additional the state EO 12372 process for review document explaining the situation. on DATE X No Program is not covered by EO 12372 ❑ Yes ►1 No ❑ N/A Program has not been selected by the state for review Packet Page -1942- 9/10/2013 16.F.1 . Person to be contacted regarding this application - Kimberley Grant _ 252-6287 (239) kimber|eyg,ant@oo||iergov.nct Signature of Authorized Representative Date Signed Board of County Commissioners Collier County, Florida By: Georgia A. Hiller ESQ, Chairwoman Approved as to form and legalitY ATTEST: ���K� '-- ����K��@�" �mu»�' . }�[�ZL} *en���"" Assistant � A C -_ `_/^-~�`~ 6 \ c\ \� Packet Page-1943- (.® 9/10/2013 16.F.1. vi * Third Program Year \NV ' Action Plan The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses •a' Y�� J� 3 '., - � - of �a �� ..... The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. Collier County Action Plan FY 2013-2014 Program Year Program Year 3: Action Plan Executive Summary Executive Summary BACKGROUND Collier County receives funds from the U.S. Department of Housing and Urban Development (HUD) through three (3) federal programs that are addressed in this Plan: Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solution Grant (ESG). As a recipient of federal funds HUD requires the County to prepare a Five-Year Consolidated Plan and yearly Action Plans to direct the use of these funds. The FY 2013 Action Plan is the third year of the FY 2011-2016 Consolidated Plan. The main priorities in utilizing the limited federal, state and local funds include public facilities, public services and affordable housing opportunities for the community's low and moderate income residents. Collier County has administered HUD entitlement funding since 2001 and has usually achieved HUD's timeliness ratio. Collier County continues to expend approximately 100% of its federal funding on low and moderate income beneficiaries. During the 2013-2014 program year Collier County will receive the following entitlement grant funds: Community Development Block Grant (CDBG) $2,092,3071 Home Investment Partnership (HOME) $ 474,031 Emergency Solutions Grant (ESG) $ 132,640 Total Federal Funds: $2,698,978 CDBG funds are comprised of$2,011,848 for Collier County and$80,459 for the City of Naples.Total CDBG funds available-$2,092,307) Third Year Action Plan 1 Version 2.0 Packet Page -1944- 9/10/2013 16.F.1 . Jurisdiction - Collier County In addition, this fiscal year, HHVS has identified unspent and unallocated funds from previous years and has re-allocated them to some of the projects identified below. Those projects marked with an asterisk (*) will be funded from unspent/unallocated funds. Funding in the amounts of $ 499,614 from CDBG, $1,367,376 from HOME and $ 49,227 from ESG will be used to support additional projects in FY13-14. Re-programmed funds identified as unspent and unallocated are from previous funding years: FY2003-2004 through FY2012-2013. The proposed One Year Action Plan for fiscal year 2013-2014 includes the following projects and the approximate funding amounts. Please note, funding is based on current year and supplemental funding amounts announced by HUD as well as 'Previous year's unspent/unallocated funds: Project/Organization Location Project Description Funding Type Fund intersection improvements and Naples environmental review at $ 30,959 CDBG City of Naples P Goodlette-Frank Road and 5 Avenue North in order to improve pedestrian safety. City of Naples Naples Project TBD $ 49,500 CDBG Fund design and permitting activities such as,but not limited to,civil engineering,site Boys&Girls Club of Collier County Immokalee Plan,architectural services, $ 183,236* CDBG Y surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center. Fund salaries,consultant (facilitators,coaches or mentors),and operating costs to provide four(4) $ 59,569 CDBG Goodwill Industries Countywide Microenterprise Program courses in order to assist students in starting their own business. Fund salary for FT Business Development Center Manager, partial salary for an Immokalee Community Redevelopment Administrative Assistant,and $ 115,000 CDBG Agency Immokalee operating costs in order to assist in the facilitation and development of businesses in the Immokalee Community. Partial funding for land The Salvation Army Naples Command Countywide acquisition and environmental $ 480,000 CDBG review for a new Youth Center. Fund partial salary for staff and drivers,and fund related United Cerebral Palsy of Southwest Countywide operating costs to transport $ 24,455* CDBG Florida persons with disabilities to the UCP Adult Day Education/Training Center. Fund 1 FT Attorney and 1 PT Paralegal to provide legal services for victims of domestic 73,202* CDBG Legal Aid Service of Collier County Countywide violence,sexual assault,dating $ violence,child abuse and other abuses. Third Program Year Action Plan 2 Version 2.0 Packet Page-1945- 9/10/2013 16.F.1 . Jurisdiction - Collier County Fund construction of infrastructure for phase 2C of Habitat for Humanity Immokalee the Faith Landing Development $ 500,000 CDBG in Immokalee in order to construct affordable single family homes. Fund land acquisition and site improvements for the Hatchers Big Cypress Housing Corporation Immokalee Preserve Development in $ 218,718* CDBG Immokalee in order to construct affordable single family rental homes. Fund design,inspection, environmental reviews and Collier County Housing Authority Immokalee permits for electrical rewiring $ 385,000 CDBG and replacement for Section A at Farm Workers Village. HHVS Planning and Administration N/A $ 418,461 (20%) CDBG Administrative Costs CDBG HHVS Project Delivery N/A CDBG Project Delivery $ 35,000 CDBG Fair Housing N/A HUD Fair Housing $ 2,000 CDBG CDBG TOTAL: $2,575,103 Fund single family home construction,and associated site improvement costs to include,but not be limited to, engineering services,soils testing,utility installation and connection fees,drainage maintenance and repairs, project signage,liability insurance,architectural services,building permits, permit processing,and project delivery of construction at Hatchers Preserve in order to provide affordable single family Big Cypress Housing Corporation Immokalee rental homes in Immokalee. $1,000,000* HOME Fund down payment assistance and associated project delivery(staff to qualify individuals and administer the program)to improve home Habitat for Humanity Countywide affordability. $ 353,440 HOME Fund building acquisition and environmental review of multi- Community Assisted and Supportive family housing to house Living Countywide persons with disabilities. $ 405,564* HOME HHVS Planning and Administration (10%) HOME Administrative Costs $ 47,403 HOME HHVS Project Delivery HOME Project Delivery $ 35,000 HOME HOME TOTAL: $1,841,407 Fund salary support of Security The Shelter for Abused Women and Coordinator and utilities in Children Countywide order to operate the Shelter to $ 39,792 ESG serve abused women and children. Fund utilities in order to St.Matthews House Countywide operate the shelter to serve $ 39,792 ESG homeless individuals/families. Third Program Year Actjort Pjarl 3 Version 2.0 Packet Page -1946- 9/10/2013 16.F.1 . Jurisdiction — Collier County Fund short term rental assistance(up to 3 months) and/or supportive costs such as,but not limited to,utilities, rental application fees,security deposits,last month's rent, utility deposits and payments, Catholic Charities Countywide moving costs,housing search $49,227" ESG and placement,landlord-tenant mediation,tenant legal services $43,108 and credit repair,along with housing stability case management in order to keep individuals/families in housing and prevent eviction and/or homelessness. HHVS Administration ESG administrative costs $ 9'948 ESG ESG TOTAL: $ 181,867 Total Entitlement and Re-Allocation All Programs Totals $4,598,377 The County's process for project selection begins with an application, is outlined and described in the Action Plan and eventually finalized in a legal agreement approved by the Board of County Commissioners. There may be non-material discrepancies in project descriptions between the application, action plan and the agreement. The agreement is considered the final project description for implementation and supersedes any prior descriptions, as long as there are no changes requiring a substantial amendment. General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a) (1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Third Program Year Action Plan 4 Version 2.0 Packet Page-1947- 9/10/2013 16.F.1 . Jurisdiction - Collier County Program Year 3: Action Plan General Questions Response: 1. GEOGRAPHIC AREA Collier County and one of its three incorporated cities, Naples, participate in our Urban County programs. Marco Island had previously participated in the Urban County Partnership, but decided to opt out last year leaving only the City of Naples as the County's partner. Both maps and tabular information have been included with this report to illustrate the geographic locations and demographic concentrations of groups that have typically had the most severe housing and public service needs. The data used to generate these maps was drawn from Block Group information section from the 2010 Census, the CPD website and from the State of Florida Elder Affairs website. The 2010 Census Map is on page 7: Notes: The City of Naples (CON) Census Tract 7.00 Low Mod Area Benefit (LMA) is the Carver-River Park area where a high percentage of households fall below the poverty line. As noted above, the City of Marco Island (COMI) has decided to allow Collier County to use their entitlement funding for FY2012-2013 and informed the County of their intent not to participate in the County's upcoming Urban Re-qualification for FY2013-2015. The Immokalee Census tracts 112.04, 112.05, & 113.0 qualify as Low Mod Areas (LMAs). As such otokt at least 51% of all residents in these census tracts are Low Mod Income (LMI). Activities in these tracts are considered to benefit to all census tract residents. Amok Third Program Year Action Plan 5 Vet sion 2,C Packet Page-1948- 9/10/2013 16.F.1 . Jurisdiction - Collier County FY2013-2014 Project Locations I I R25 It 1 RUC I RZIE I 021E I Ft2fE I RUE I *ME I Rue- I RUC I it 3.1E I 1_,.. i4,4443.C41,4) ..... 4t` t' 1 i R • / .4 f.: I ; ifel- 1 N ■ '. 1 LEE A., 1' 1s— 1‘',4, 4C ti 44 ,.•.., — __ [. t :!., * CoiherCoutity t A 44 ' 0 4 C Ft.tUtf 1 ''s i t N i. - ',, 1 , — , ,A .., (14 Caen t .... II ' IV I ,ir.:1 1 I.- 'It.T*144 ,, j. 1 1•I l'x,i 1 I or' Wmciatry .-- i I 01 CO SI 143 SI o :':' 1-Pig Cyprese, 11,sqicirict Corp . : t I - 1 610 t., W, 1,U: '' 2-Immohalee CPA t ,..1 1114:4 la o, li 2-13cyc & Girls Club sti.t, 1.15 , E u ....., ".... CO f 1 "^"-- i '''^..- ^, ----4-Rabitat-Faith Landing k .4 2 mftu I.* Iiii.v.). 1, 5-Community Aost & Supportive 4. Living i 11 I . \ 6-Catholic Charities ''.. 7-United Cerebral Palsy d 5-City of Kaples ' 9-Salvation Army — ,, .1 k', ,_ i 10-St,M at thew: Houoe • .- ....i. 60,94.0* . ) ..„ iV ' .. 11-Goodwill Industries i a 12-L-aal Aid E,trvi-t t ..... ...:Collier Countv Rousing o The Shelter for Abused Women d Ricr r, , us:41 Authority la and Chlyren is not shown ;.: -,--__ , OiCWOLOZKEL •, , *M,i0colagy Third Program Year Action Plan 6 Version 2,0 Packet Page -1949- 9/10/2013 16.F.1 . In t isdiction — Collier County Atop Collier County Census Tract Map . -±' - - /,.- '-, ' 1•.-F, 1 :.„,J.,--, il ,'_ , . : I ,--4;1 , , «44 ' - •-' i ---- "4.'4 44,4"'.4 / '4 'I 1 i .^•..:4-. ' ■ ' : '! ' , • .‘ i - 1 , I ; )-1 ' , g i.7'-.-- - '--- A,- •i ; ..-- . 1 tz. / f ,,,,, \ ,/ ,. Y t 1 tt- I , I tt. , / / , t I ..tt bt i , , ! t .010440- , f r ^ i 1 / I ,, , , i, --I t I , \ i I : I i c■ i , Fr' , Iii CD I Ill 4- ii' E CC: i i §1 cp 4 f t , 1 no ! ! . I , i 1 imstmotostamag44,4;4=sms04444444/444414-44# "aftgatwavalssofsanialettlagigiatIV 1 tiff ci Program Year Act ion Plari 7 Version 2.C) Packet Page -1950- 9/10/2013 16.F.1 . ktrisdictic4n ` r`liier Cot --- Income by Census Tract: 2012 FFIEC Est. Distresse MSA/M d or D non- . 2012 Under Tract MSA/M • Est. 2010 Median D Tract Tract Tract Family Median Median Median Tract Tract Minority Owner 1-to 4- Tract Income -served : •Income Family Family Family Populatlo Minorit Populatio Occaiie Family Code . Level Tract % Income Income Income • a ••• y% n d Units Units 1.01 Upper No 122.42 $72.800 $89.122 $83,929 1556 3.98 62 842 667 1.02 Upper No 1331 $72,800 $96,897 $91,250 1473 5.84 86 528 874 2 Middle No 103.92 $72,800 $75.654 $71,250 1962 12.39 243 614 986 3.01 Upper No 156.37 $72;800 $113,837 $107,204 3057 5.2 159 1345 1589 3.02 Upper No 181.09 $72,800 $131,834 $124,150 1474 6.51 96 656 815 4.01 Upper No 313.4 $72,800 $228,155 $214,861 2776 1.73 48 1412 164 4.02 Upper No 146.01 $72,800 $106,295 $100,104 1602 1.44 23 720 178 5 Upper No 364.66 $72,800 $265,472 $250,001 1730 3.93 68 737 1241 6 Upper No 126.59 $72,800 $92,158 $86,786 1311 6.1 80 519 747 7 Low No 41.48 $72,800 $30,197 $28,438 1184 81.67 967 91 152 101.02 Upper No 137.16 $72,800 $99,852 $94,038 5096 12.79 652 1897 2851 101.05 Middle No 104.08 $72,800 $75,770 $71,354 3952 18.04 713 1520 1694 101.06 Middle No 115.14 $72,800 $83,822 $78.942 4065 3.74 152 1674 1731 101.07 Middle No 103.63 $72,800 $75,443 $71,048 4023 13.9 559 1394 1401 101.08 Middle No 119.01 $72,800 $86,639 $81.591 2576 12.31 317 712 1196 101.09 Middle No 95.56 $72,800 $69,568 $65,517 2096 19.56 410 666 1111 Moderat 101.1 e No 68.9 $72,800 $50,159 $47,240 4262 29.19 1244 1123 2220 1.02.05 Upper No 147,16 $72,800 $107,132 $100,888 2559 9.14 234 896 1082 102.08 Upper No 172.48 $72,800 $125,565 $118.250 3305 _ 2.39 79 1628 1461 102.09 Upper No 168.18 $72,800 $122,435 $115,302 2138 4.54 97 846 518 102.1 Upper No 158.08 $72,800 $115,082 $108,378 3261 9.72 317 1385 1227 Moderat 102.11 e No 7334 $72,800 $53,683 $50,556 1737 13.64 237 752 269 102.12 Upper No 125.01 $72,800 $91,007 $85,703 5794 17.36 1006 1525 1599 102,13 Upper No 126.99 $72,800 $92,449 $87,061 4008 5.39 216 1443 1976 102.15 Upper No 187.34 $72.800 $136,384 $128.438 2939 1.74 51 1459 597 103 Middle No 85.02 $72,800 $61,895 $58,293 3968 30.19 1198 926 1514 104.01 Middle No 92.39 $72,800 $67,260 $63,343 3724 25.32 943 936 1319 104.05 Middle No 114.65 $72,800 $83,465 $78,603 11307 26.71 3020 2315 3278 104.08 Upper No , 124.39 $72.800 $90,556 $85,278 2966 22.45 666 765 1059 104.1 Low No 4.9.16 $72,800 $35,788 _ $33,706 8157 82.7 6746 642 1556 Moderat 104.11 e No 67.36 $72,800 $49,038 $46,184 6632 64.61 4285 1451 1903 104.12 Middle No 89,11 $72,800 $64,872 $61,091 9212 34.38 3167 2330 3395 104.13 Middle No 89.84 $72,800 $65,404 $61,591 6584 46.32 3050 1577 2214 -, ' d Program Year Action Plan 8 vitrSiOt3 2.0 Packet Page-1951- 9/10/2013 16.F.1 . :ltlri adicl.ion - Collier County 104.14 Middle', No 116.71 $72,800 $84,965 $80,015 7623 37.78 2880 2078 2650 4411114t4 104.15 Upper No 120.02 $72,800 $87,375 582,284 14589 21.78 3177 3875 5676 10416 1-1p1)ell' No 133A6 $72,800 $97,159 .$91,500 5883 , 10.37 610 2175 2955 104.17 Middle No 106.64 $72,800 $77,634 $73,113 5195 25.02 1300 1550 1841 104,18 Upper No 179.22 $72,800 $130,472 $122,869 4485 15.07 676 1524 2397 Moderat 104.19 e No 72.08 $72,800 $52,474 $49,417 3160 75.6 2389 621 1079 Moderat 104.2 e No 58.13 $72,800 $42,319 $39,853 6012 78,91 4744 760 1305 Moderat 105.05 e No 74.08 $72,800 $53,930 $50,792 6784 42.78 2902 1462 1847 105.06'`=Middle No 87.72 $72,800 $63,860 $60,139 5558 31`.11 1729 2042 2484 105.07 Middle No 90.88 $72,800 $66,161 $62,308 4042 36.86 1490 960 835 105.08 Middle No 82.98 $72,800; $60,409 $56,888 4343 34.81 1512 1332` 1799 105.09 Middle No 91.16 $72,800 $66,364 $62,500 5548 14.19 787 1877 2187 105.1 Meddle No 93.36 $72.800" $67,966 $64,010 3560 Si 185 1555 1946 Moderat 106.01 e No 73.84 $72,800 $53,756 $50,625 2383 46.12 1099 500 1048 Moderat 106.02 e No 69 $72,800 $50.232 $47,304 3223 32.92 1061 944 1162 Moderat 106.04 e No 64.94 $72,800 547.276 $44,527 3836 31.05 1191 1189 1365 106.05 Middle No 83.24 $72,800 $60,599 $57,069 3112 31.33 975 1127 1187 2012 FFIEC Est. Distresse MSA/1■1 d or D non- 2012 under Tract 111 SAM Est. 2010 Median D Tract Tract Tract Family Median Median Median Tract Tract Minority Owner 1-to 4- Tract income -served Income Family Family Family Popalatio 111inorit Populatio Occupie Family Code Level Tract % Income Income Income n y% n d Units Units 106.06 Middle No 99.15 $72,800 $72,181 $67,978 2400 12.71 305 1189 1126 Moderat 107.01 e No 62.02 $72,800 $45,151 $42,525 4279 43.51 1862 1113 2017 Moderat 107.02 e No 79.05 572,800 $57,548 $54,194 3240 44,66 1447 811 1515 108.01 Middle No 110.56 $72,800 $80,488 $75,800 3451 11.39 393 1609 1218 Moderat 108.02 e No 73.29 $72,800 $53,355 $50,246 10208 67,4 6880 2003 3369 108.03 Middle No 90.51 $72,800 $65.891 $62,054 4062 31.27 1270 1538 2130 109.02 Upper No 146.77 $72,800 $106,849 $100,625 3544 14,7 521 1221 2023 109.03 Middle No 113.44 $72,800 $82,584 $77,772 4517 10.03 453 1910 2438 109.04 Middle No 90.82 $72;800 $66,117 $62,266 2021E 9.01 182 811 1127 109.05 Upper No 131.1 $72,800 595.441 $89,878 3050 7.84 239 1082 1225 110,01 Middle No 109.58 $72,800 $79,774 575,125 1530 5.03 '77 917 539 110.02 Upper No 134.7 $72,800 $98,062 $92,350 2018 4.06 82 737 79 111,02 Middle No 88.74 $72,800 $64,603 $60,842 7291 23.32 1700 2170 4084 T11ird Program Year At lion ['Ian 9 Version 2.0 Packet Page -1952- 9/10/2013 16.F.1 . - Flier County Moderat 111.03 c No 51,66 $72,800 $37,608 $35,417 2225 46,7 1039 722 1361 Moderat 111.05 e No 6539 $72,800 ' $47,604 $44,830 2546 26.04 663 1151 1420 111.06 Middle No 108.11 $72,800 $78,704 $74,118 3022 32.53 983 799 1425 112,01 Upper No 151,33 $72,800 $110,168 $103,750 7072 9,98 706 2911 3682 112.02 Middle No 93.87 $72,800 $68337 $64,357 18805 44.58 8384 3943 6008 112.04 Low No 21.87 $72,800 $15,921 $15.000 4807 98.29 4725 220 828 112.05 1,ow No 23.66 $72,800 $17,224 $16,225 2664 99.25 2644 42 846 113.01 Low No 45.45 $72$00 $33,088 $31,159 6369 94.57 6023 567 1372 113.02 Low No 35.21 $72.800 $25,633 $24,142 5920 93,11 5512 629 1157 Moderat 114 c No 55.67 $72,800 $40,528 $38,170 4657 93.97 4376 405 991 nttp://www.ffiec,p,oviceilszis/report.aspx?year=2012&state.128tnisa=&cotility=021&tract=ALL&report=dernog raphic Third Program Year Action Plan 10 Vtui 2.0 Packet Page -1953- 9/10/2013 16.F.1 . Jurisdiction - Collier [ounty 2013 Florida County Profiles ° s* Sources: US Census 2010 and Universfty of Florida Shimberg Center ~*~ Collier County Race � Ethnic Groups ~ � wvn-xwpou/cmnolm/uv White 211.156 Black 19,89u American Indian 609 Asian 3,3m Pacific Islander 72 Some Other Race mx Two or tore Races 2J87 Hispanic 83.177 w-ok. 'tat:;';4<~ White El Mack PaciPc Is!ander 111 Some Other Race n°or Mere n°° " x=speni^~ Household Demographic Data - Households by: Jurisdiction Year Household Income Household Count Collier County 2010 0-30%AM 12499 Collier County 2010 120+Y6AM| 57948 Collier County 2010 30.1'50%AM| 11713 Collier County 2010 50.1-80%AMI 25277 Collier County 2018 OO�O1'12O��NN} 27974 Notes: Housino Needs Assessment-Population arict Household Projection Methodology User Guide Sources: Estimates and projections by Shimberg Center for Housing Studies, based on 2000 and 2010 U.S.Census data and population projections by the Bureau of Economic and Business Research, University of Florida. ~w1kok, Third Program Year Action Plan 11 Version 2.0 Packet Page -1954- 9/10/2013 16.F.1 . Jurisdiction - Collier County 2013 Homeless Point-in-Time County Occurred on January 24, 2013 The Causes of Homelessness Primary Reason For Homelessness $1,438 Fair Market Rent(FMR)for a 2 bedroom . FmploymentJFinanCial apartment in Collier County t � Housing Issues $19.96 • st Medical/disability hourly wage a full-time worker must earn "4 to afford FMR rent and utilities • Family problems $-7 6 y, •7 Recent immigration Florida minimum wage Homeless Families & Children Literally Homeless Families Students Experiencing Homelessness 250 — 1200 200 ,_ 1000 —._ 150 800 100 _ --125- 155 Goo 96 � 111 ?9 o zoo 2009 2010 2011 2012 2013 2008 2009 2010 2011 2012 2013 ta Households Persons,Adults&Children Third Program Year dtctit:jll_Piar 12 Vei'sic)) .Gt Packet Page-1955- 9/10/2013 16.F.1 . Jurisdiction - Collier County owl* Farmworker Population by County 1,..3.1330,43 r+$1,0431 tAws133t1 3 - ilhtlit, ktom LetookeN F■13^.3,04 01.e Mrs [1.3•3 3 *3*V •... .3? i -1,104.*No44 Pco r V4,4". .1.111.6. :C4ll.t(C9 At 0* Farmworkers chsnan 0 I it, I 00 111 , rt, 101 CO 500' 111:711l7M4 Coil.. 501 to 1,000 1.001 to 5,000 5,001 tu 10.000 10,001 lc 1$.167 *Source Florida Housing Data Clearinghouse Ain* I lilid Program Year Action ['tail 13 \iersioir 2,n Packet Page-1956- 9/10/2013 16.F.1 . Jurisdiction - Collier County 2. BASIS FOR ALLOCATING INVESTMENTS GEOGRAPHICALLY The 2011-2016 Consolidated Plan has determined the County's priority needs for the following areas: affordable housing, homelessness, non-homeless special needs populations and Community Development. The County is giving top priority to rental programs to enable low to moderate income households the opportunity to obtain decent housing. The real estate market has experienced significant changes in recent years with a sharp rise in prices with the boom of 2004-2007. This period was followed by a more significant decrease in values due to the recessionary factors. The decline in prices has not resulted in the attainability of housing that might have been expected by such a drop. Instead, the constricting of the financial markets has made home mortgages more difficult to obtain. A corresponding increase in unemployment/underemployment has also resulted in a reduced ability to afford housing at any price. The County has recognized the following geographical areas as Low Moderate Areas and provides project focus in those areas: Immokalee Carver/River Park in the City of Naples Golden Gate City Bayshore Gateway Triangle Area Both the Immokalee community and the Carver/River Park neighborhood have completed visioning and master planning processes. Recommendations from those processes may include housing construction, rehabilitation, public facility improvements and other HUD eligible projects. Planning for community needs has also been performed by the Bayshore-Gateway Triangle CRA and the Immokalee CRA which addresses conditions of blight within their boundaries. Using other federal funds, foreclosed homes will continue to be acquired, renovated and sold to income qualified families interested in homeownership. Significant principle reductions will be provided to assist with obtaining bank financing.2 The County will encourage the development of affordable rental housing to low to moderate individuals/families as the population increases. Recent discussions with such organizations as the 211 Help Line has indicated the requests for rental assistance among individuals/families have increased over recent years. This leads Collier County to believe that rental subsidies may be required to assist in making rental units more affordable. The County, in partnership with the Collier County Continuum of Care Committee, has reviewed the homeless challenges in the County and determined the highest priority is housing families with children, victims of domestic violence and providing transitional housing for families and permanent supportive housing for individuals. Federal funds provide for shelter renovations and service delivery, emergency and transitional beds and homeless prevention. The County has given the non-homeless special needs populations (who require supportive services/housing) a medium priority and intends to continue to support activities in this area. 2 Collier County FY2011-2016 Consolidated Plan,Adopted July 26,2011,Priority Needs Analysis and Strategies(91.215(a)), page 21. Third Program Year Action Plan 1 l Viii Sion 2.0 Packet Page-1957- 9/10/2013 16.F.1 . Junsdictiun -- Collier County Finally, as it relates to Community Development, the County has several low-income Aitok neighborhoods where it has provided community development improvements; these include, Immokalee, Golden Gate and the Carver/River Park neighborhood in the City of Naples. This year, as in previous years, all of Collier County's projects are geared to directly benefiting LMI citizens and the homeless throughout the county. The County's largest CDBG award this fiscal year is to Habitat for Humanity to fund a phase of the Faith Landing infrastructure improvements in Immokalee. Habitat for Humanity is funding 2 of the three (3) infrastructure phases currently under construction. CDBG funds will be used to supplement the completion of the 3rd phase of the infrastructure improvements in order to construct 20 single family homes. Immokalee is a HUD designated Low and Moderate Income Area (LMA). This project both supports the Consolidated Plan's goals for community development improvements and homeownership. Other CDBG Countywide programs that will assist LMI are identified in the table on page 2. There are five (5) projects geographically based in Immokalee: CRA's Immokalee Business Development Center (IBDC), Boys and Girls Club of Collier County, Faith Landing Infrastructure, Big Cypress Housing Corporation, and Collier County Housing Authority. These projects range from job creation/business development to infrastructure development to new construction, land acquisition and residential rehabilitation. This funding year, the County will utilize unspent/unallocated HOME funds in addition to the FY13- 14 entitlement allocation. The County has identified 3 projects that will utilize HOME funds. The first is Big Cypress Housing Corporation (BCHC) that is currently the County's only Community Housing Development Organization (CHDO). BCHC has proposed to construct 10 single family F rental units at Hatchers Preserve in Immokalee. The rental units will target those individuals/families with incomes that are at or below 60% of LMI and will have an affordability period of 20 years. The remaining 2 HOME projects are a down payment assistance program by Habitat for Humanity and the land/building acquisition and rehabilitation of a multi-family unit or units in Golden Gate City that will target low income persons with disabilities. The City of Naples has identified an intersection improvement project to address pedestrian safety issues along a busy north/south connector road. This project does not anticipate utilizing the entire allocation of their entitlement funds. They have not identified another eligible project as of the writing of this report. County staff will work with the City to identify an eligible project to expend the balance of their funds during the year. 3. ACTIONS TO ADDRESS OBSTACLES The Consolidated Plan identifies a number of barriers or obstacles to providing needed programs and services to the LMI population. In a more generic sense some of the obstacles the County faces are the declining levels of federal/state financial support for LMI programs. Another obstacle is the foreclosure rate that exists in the County. This condition impacts affordability in several ways. In order to address these obstacles, the County has identified the following focuses for federal funding: Third Program Year Actiolr Clan 15 Version 2.0 Packet Page -1958- 9/10/2013 16.F.1 . Jurisdiction - Collier County CDBG HOME ESG • Infrastructure • Single family housing • Essential services to • Community/Public unit rehabilitation homeless families and Facilities • Multi-family rental individuals • Public Service units rehabilitation • Shelter and Initiatives • Tenant Based Rental Transitional Housing • Economic Assistance operational costs Development • CHDO Set Aside • Homeless prevention • Special Needs Activities activities Housing • CHDO Operating • Emergency shelter • Housing Rehabilitation Funds rehabilitation, • Homebuyer Education renovation or conversion Collier County's slate of proposed projects is based on a competitive application process; however both the number and type of applications received focused heavily on providing services for those citizens who are hardest hit by the recent economic downturn. In response Collier County is utilizing most of its entitlement and supplemental funding to address the community need, i.e., rental assistance to re-house the homeless, shelter operations, land acquisition for a youth center and other important projects. The County is also funding legal services geared to victims of abuse i.e., domestic, child, dating violence, etc; and a new partner, United Cerebral Palsy (UCP). UCP is proposing to provide transportation services to their clients that are on a limited budget and cannot afford to ride the countywide bus system. The City of Naples has identified an intersection that is in dire need of upgrades since 2 people have died trying to cross the heavily traveled roadway. The City will enhance the intersection with Pedestrian Crossing Improvements at Goodlette Frank Road and 5th Avenue North for a cost of $ 30,959. The pedestrian crossing improvements will consist of new street lighting on 2 of the unlit intersection poles, adding Yield to Pedestrian signs on the eastbound and west bound approaches and increase the sign size on the northbound and southbound approaches and rehabilitate the existing crosswalk signals for better more visible access for use. The crosswalk signal button will be removed from the traffic poles and relocated closer to the crosswalk making it more visible. Audible signals will also be installed for the visually impaired. Staff Note: The City of Naples receives an entitlement allocation each year through the County. Their allocation amount for FY13-14 is $80,459. Since the first project is not eligible for CDBG funding, staff will work with the City to identify an additional eligible project to spend their remaining allocation ($49,500). 4. IDENTIFY THE RESOURCES EXPECTED TO BE MADE AVAILABLE TO ADDRESS THE NEEDS IDENTIFIED IN THE PLAN Other programs from both Federal and State sources are also utilized to leverage the CDBG, HOME and ESG funds to provide a comprehensive program addressing housing and community development for the low to moderate income population of the County. Among the programs are: • Neighborhood Stabilization Program (NSP) o NSP1 o NSP3 • Disaster Recovery Initiative (DRI) • Disaster Recovery Enhancement Funding (DREF) • Human Services Grant Programs Tl irci Program Year Action Plan I Version 2.0 Packet Page-1959- 9/10/2013 16.F.1 . Jul &diction - Collier County o Services for Seniors o Senior Nutrition Program o Retired and Senior Volunteer Program (RSVP) o Health Care Access to the Uninsured Program o Safe Havens Visitation Program o Adult Drug Court Discretionary Enhancement Program o Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant (CJMHSA) Historically, Collier County has also administered a State of Florida program, the State Housing Initiatives Partnership Program (SHIP) as additional support to the above programs. Collier County continues to adhere to the Florida Statutes' requirements relating to SHIP funds, such as but not limited to, completing outstanding projects, monitoring program recipients, and operating the Collier County Affordable Housing Advisory Committee (AHAC). Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 3: Action Plan Managing the Process Response: 1. LEAD AGENCY The Collier County Housing, Human and Veteran Services Department (HHVS) has been designated as the Lead Agency for the Entitlement funding (CDBG, HOME and ESG) since we were designated as an Entitlement Community in 2001. As the Lead Agency for these funding sources it is the County's responsibility to determine funding priorities, implement programs and projects and administer the Consolidated Plan and Action Plan objectives identified. Collier County also supports its entitlement partner, the City of Naples by providing technical assistance and project review and compliance for their identified projects. During the past year, Collier County has worked with both the local Continuum of Care Committee and HUD to transfer Lead agency responsibilities for the area's Continuum of Care (FL 606). In late 2012, 2013 Collier County formally notified HUD of the request to transfer the C0C Lead Agency responsibilities to the Continuum of Care Committee. The Chair of the CoC Committee, Hunger and Homeless Coalition (HHC) has focused on submitting the application for the annual CoC application process for the 3 renewal projects in Collier County: St. Matthews House, The Shelter for Abused Women and Children and Collier County Homeless Management Information System (HMIS). 2. PLAN DEVELOPMENT A large array of non-profit agencies, the Community Redevelopment Agencies (CRA), Collier County Housing Authority and the City of Naples were contacted to prepare and submit project applications to be included in the Annual Action Plan. Advertisements were also placed in newspapers of general circulation to inform all interested parties of the county's intent to accept i1.iircl Program Year Action Plan f Version 2.0 Packet Page -1960- 9/10/2013 16.F.1 . Jurisdiction CoMei County project applications. A notice was sent to the HHVS Partnership Forum email listing. The entities on this list are as follows: Organizations Organizations Organizations Organizations Organizations Catholic Charities Collier County Housing Drug Free Collier Guadalupe Center Grace Place Authority Salvation Army Immokalee CRA Florida Non Profit Svcs Bayshore-Gateway City of Naples Triangle CRA Coalition of Florida ABLE Academy Community Habitat for Foundation for Farmworkers Coordinated Care for Humanity Developmentally Children Disabled David Lawrence Center Collier County Hunger Empowerment Alliance Naples Historical Collier County and Homeless of Southwest Florida Society Public Schools Goodwill Industries Children's Advocacy Eden Autism Conservancy of Bromelia Place Center Southwest Florida Legal Aid Service of Youth Haven One by One Goodlette Arms Immokalee Collier County Foundations Lighthouse of Collier Early Learning Coalition NAMI of Collier Housing Harry Chapin Food Development Bank Corporation of SW Florida Johnson Engineering The Shelter for Abused Golden Gate Fire Naples Equestrian Southwest Florida Women and Children District Challenge Workforce Development Immokalee Housing and Cypress Run Naples Botanical Renaissance Manor United Way Family Services Garden Big Cypress Housing Sunrise Community of Boys & Girls Club of St. Matthews Immokalee Front Corporation Collier County Collier County House Porch Collier County Parks Numerous private and Recreation citizens and business consultants The application process was updated in April of this year to streamline the application, assure complete and detailed budget information by project description, more defined leveraged funds, better identified match descriptions to those programs requiring match and emphasize collaboration. Also the review process was expanded to utilize a detailed risk evaluation and research into compliance and more clarity on projects prior to acceptance. The review and ranking committee was very diverse representing local government, the community, and expertise in HUD programs. These applications were examined to determine the ability to meet the goals and priorities of the Consolidated Plan, complete the project in a timely manner to support CDBG timeliness requirements, as well as the ability to serve the LMI public. After review, those projects that best meets the needs of the Consolidated Plan and the Community were selected for inclusion in this year's submission to HUD based on selection committee recommendations. Public Agencies Collier County Department of Housing, Human and Veteran Services: (Services for Seniors Section, Veteran Assistance Section, and Human Services Section) City participating in the County's CDBG Program: (City of Naples) Health Department: (Lead based paint [LBP] poisoning cases; efforts to remove and reduce LBP hazards and promote screening, communitywide poisoning prevention education and HIV screening, education and treatment) i hird Program Year Action Plan 18 Version 20 Packet Page-1961- 9/10/2013 16.F.1 . Jurisdiction -- Collier County County and City Planning/Community Development Departments and Growth Management Division: (Coordination with the Comprehensive Plan - Housing Element; barriers to affordable housing, development issues, and population projections and maps) Sheriff's Office: (Crime prevention programs; homeless; runaway youth; coordination of resources and programs) Collier County Housing Authority: Tenant Based Rental Assistance and Section 8 (information) Community Redevelopment Agencies: Immokalee and Bayshore-Gateway Triangle Collier County Parks and Recreation Department: Recreation needs in low-mod income areas Area Agency on Aging: Priority needs of the elderly State of Florida Department of Economic Opportunity (formerly known as the Department of Community Affairs): Coordination with state funded programs and goals Collier County Emergency Operations Center: Disaster preparedness The Affordable Housing Advisory Committee (AHAC): Community input on local housing issues. Non-Profit Continuum of Care (FL 606): (supportive services, changes in demographics/needs) Collier County Hunger and Homeless Coalition: (homeless needs) One on one quarterly meetings with the following agencies (current subrecipients with active projects): ABLE Academy, Catholic Charities, Goodwill Industries, Big Cypress Housing Corporation, Shelter for Abused Women and Children, David Lawrence Center, Youth Haven, Empowerment Alliance of SW Florida, Habitat for Humanity, , Foundation for the Developmentally Disabled, Immokalee Housing and Family Services, Immokalee CRA, NAMI, Naples Equestrian Challenge, Collier County Parks and Recreation, City of Naples, Collier County Sheriff's Office, Collier County Housing Authority, and HHVS Key Partnership Meetings. Local lenders - HHVS has provided an enhanced collaboration through the partnership with Naples Area Board of Realtors (NABOR). Through this partnership staff has developed a network of educational programs outlining such available programs as down payment assistance. In addition, staff has written articles relating to affordable housing that have appeared in local banking and realtor magazines and periodicals. 3. CONSULTATIONS FOR NEXT YEAR Consultation is an ongoing process for departmental staff. They will monitor housing and community development issue/needs and cooperate with outside agencies through the following means: • Meet with local providers of housing and community development services • Participate with boards, committees, agencies, organizations, and focus groups, including the Collier County Affordable Housing Advisory Committee • Prepare discussions and presentations at publicly advertised meetings and events • Provide technical assistance to community partners IOW ii ii d Program Year Action PI n 19 itNat° ic}r7 ?,C Packet Page-1962- 9/10/2013 16.F.1 . jurisdiction - Collier County • Encourage local lenders and realtors to partner to address the housing issues of Low and Low Moderate homebuyers. • Coordinate with the Bayshore-Gateway Triangle and Immokalee Community Redevelopment Agencies • Disseminate documents, flyers, brochures, and pamphlets regarding specific programs • Conduct special studies and investigations, as required • Continue membership in local, state, and national organizations Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non-English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year 3: Action Plan Citizen Participation Response: 1. Summary of Citizen Participation Plan The Citizen Participation Plan (CPP) is one of the most important sections of the Consolidated Plan. In FY2011-2012, Collier County adopted a new citizen participation plan which clearly defines the process for including citizens in the consolidated plan process. It included the timelines and process for the announcement, timing and holding of public meetings and hearings. For the FY2013-2014 Action Plan, HHVS made announcement of the upcoming Entitlement Grant Application Period by placing ads in the Naples Daily News. Emails announcing the availability of funding were also emailed to non-profit organizations and individuals who had previously expressed an interest in making an application for funding. The availability of funds announcement was also placed on the county website and a web based application was included to enhance greater participation. Technical assistance workshops were held both in Golden Gate City and in the Immokalee area. The sessions were offered on May 14 and 22 from 3:00pm to 5:00pm respectively. Sign in sheets for both meetings were taken and over fourteen (14) persons representing ten (10) non-profit organizations attended one or both of the workshops. The meetings were held at the Golden Gate Community Center and the Immokalee Library at times that were convenient to both persons who could attend. There was also a general presentation made at the HHVS Key Partnership meeting on May 16, 2013. There were six (6) one-on-one technical assistance sessions scheduled for all who requested them. Staff at the one-on-one meetings and at the workshops represented both the application process and the contract development and project implementation phases of the projects. The potential applicants were advised not only about the application process, but what happens after the award, contract development and project implementation. During the cure period there was additional i'ilircl Program Year Action Plan 20 Version 2.0 Packet Page -1963- 9/10/2013 16.F.1 . Jurisdiction - Collier County extensive consultation with applicants to receive clarification of submitted information, collection of missing information and to address additional questions from the review and ranking committee. The draft of this Action Plan was advertised in the local media and on County website for a 30 day comment period. Copies of the Plan were open for public review and inspection at sites throughout the County. Those sites were: • HHVS website • HHVS Front Desk • Libraries o East Naples o Golden Gate Estates o Golden Gate Regional o Immokalee o Marco Island o Naples Regional-Orange Blossom o Central o Vanderbilt o South Regional Comments on the plan were able to be received in the following ways; via e-mail, regular mail, telephone or in person. 2. SUMMARY OF CITIZEN'S COMMENTS No public comment was received. 3. EFFORTS MADE TO BROADEN PUBLIC PARTICIPATION Collier County continues to reach out to minorities, the disabled and non-English speaking citizens whose needs and/or comments should be included in the development of the Action Plan by providing translators to assist non-English speakers at public meetings; scheduling public comment sessions in various locations and times to include all who desire to participate, accepting comments from the public in person, by mail, and by email. The County also continues to seek out new non- profit agencies and encourages the participation of other governmental agencies (i.e. Sherriff's office, Emergency Operations Center, school districts, and health care providers) and involves them in the discussion, planning and goal setting for the future. This year there were two (2) new applicants for awards, Salvation Army and United Cerebral Palsy. On-going efforts are made by the continuous updating of e-mail, mailing lists, phone lists, and increased participation in community meetings and forums, as well as by working with our local Continuum of Care participants. This year HHVS have instituted Partnership Meetings. These meetings are two-fold. The first is one- on-one meetings with staff and individual non-profit subrecipients. These meetings are held quarterly and topics of discussions vary depending on the progress of the projects. These meetings provide the opportunity for non-profits and staff to discuss the day-to-day operations of the projects. Topics could include, such things as pay requests, Davis Bacon, monitoring reports, etc. In addition to the one-on-one partnership meetings, each quarter the HHVS Director sponsors a Key Partnership Meeting with all the local non-profit organizations. The topics are more generalized in nature. There are educational programs about specific required information, general announcements about the latest programs, potential funding announcements, etc. This meeting Thlrci Program Year Art_ion Plan 21 Version 2.0 Packet Page-1964- 9/10/2013 16.F.1 . Jurisdiction - Collier County always affords those in attendance the ability to bring up questions, comments, etc. thus affording all the ability to have frank/honest conversations. 4. COMMENTS NOT ACCEPTED HHVS did not receive any comments regarding the Action Plan and did not turn away any comments. Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Program Year 3: Action Plan Institutional Structure Response: 1. ACTIONS FOR NEXT YEAR Collier County HHVS will continue to coordinate with a variety of organizations that range from for- profit developers, to non-profit service providers as well as county agencies that serve low and moderate income persons. As HHVS has successfully worked in the past years with housing and service providers, the department will continue in the coming year to reach out and involve returning providers as well as search for new partners. As the county continues to grow and new entities express interest in assisting low to moderate income residents, those individuals and organizations will be encouraged to participate in the development process. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 3: Action Plan Monitoring Response: 1. MONITORING ACTIONS TO BE TAKEN Sub-recipients will receive federal and local regulations relating to their specific activity, along with an explanation as to how they apply to the particular project. Specific performance agreements are executed within each subrecipient agreement, giving measurable objectives for the eligible activity(ies) to be carried out. Each project is monitored on an ongoing basis and all preconstruction conferences are attended by department staff. Documentation submitted with reimbursement requests is reviewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of all subrecipients is scheduled yearly by the County. A new monitoring checklist was developed over the past year that is project specific as well as HUD specific. The HHVS Grant Coordinators are charged with providing a progress monitoring visit and evaluation and then a final project closeout. Those projects that are still under construction for more than a year are also monitored on a yearly basis until the project is complete. Projects are reviewed to insure all aspects of the activity are carried out in accordance with applicable regulations. A follow- up letter is sent to the subrecipient stating the outcome of the monitoring visit. Third Program Year Adiort Plan 22 Versiuti 2.0 Packet Page -1965- 9/10/2013 16.F.1 . Jurisdiction _ Collier County In addition to the above, any subrecipient determined to be in need of and/or requesting additional Atoikk training on how to meet grantee and federal requirements receives technical assistance (TA) in the form deemed most appropriate to the circumstances. The County has developed written policies and procedures that are in place for all federal grant programs. HHVS continues to monitor and ensure subrecipients are aware of and knowledgeable of all grant requirements. HHVS will continue to monitor and provide TA to ensure compliance with all federal requirements. Lead-based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 3: Action Plan Lead-based Paint Response: 1. ACTIONS TO ADDRESS LEAD BASED PAINT Collier County's Health Department has historically monitored and responded to all suspected cases of lead poisoning. However, this problem continues to be a very minor one due to the relatively young age of the area's housing stock. Over seventy percent (70%) of the County's housing stock was built after 1980. Through the County's NSP1, DRI/DREF, CDBG, and HOME programs, any housing units built prior to 1978 have undergone lead-based paint (LBP) inspection before rehabilitation activities were initiated. Prior to issuing a Notice to Proceed or beginning any type of project, HHVS completes an Environmental Review (ER). If HHVS suspects a possibility of LBP in a building, a LBP inspection is included in the ER. A specialist is hired to review the possibility of LBP within the structure. If LBP is found in the structure all individuals doing renovations, repairs and painting are required to be certified in order to safely complete improvements beyond minor repairs. The County follows procedures as specified in applicable regulations and, specifically, those detailed in Title X. The Department and its representatives provide all required notifications to owners and occupants. Any defective paint conditions found are included in the scope of work and treatment provided to the defective areas. Each year the County's Health Department screens approximately 1,500 children for lead poisoning. According to the Florida Department of Health, Healthy Homes and Lead Poisoning Prevention Program, 2011 Annual Childhood Lead Poisoning Surveillance Report, published August 2012, 1,268 children were screened in 2011 in Collier County. Two (2) children tested positive with lead poisoning. All projects carried out with federal funds incorporate the current procedures for hazard reduction or LBP abatement guidelines as defined in 24 CFR Part 35 and Section 302(c) of the Lead-Based Paint Poisoning and Prevention Act [42 U.S.C. 4822]. .I_hiR' Program Year Action Piaii 23 Version 2.0 Packet Page -1966- 9/10/2013 16.F.1 . Jurisdiction — Collier County yi 5se '.€ire � ,.. - � ..., � ..�,� ....> X ,,rc „x�s�F r,; a - ' � -,.2c _ Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 3: Action Plan Specific Objectives Response: 1. PRIORITIES The Consolidated Plan identifies the County's priorities as affordable housing, homelessness, non- homeless special needs populations and community development. Affordable Housing The Housing needs are briefly addressed as: • CDBG o Habitat for Humanity - Faith Landing • Construction of infrastructure for phase 2C of the development in Immokalee in order to construct single family homes a Big Cypress Housing Corporation - Hatchers Preserve • Fund land acquisition and site improvements for the Hatchers Preserve Development in Immokalee in order to construct affordable single family rental homes o Collier County Housing Authority - Section A of Farm Workers Village • Design, inspection, environmental reviews and permits of electrical rewiring and replacement • NSP1 and NSP3 o Housing Acquisition Countywide o Rehabilitation Countywide • HOME o HHVS Down Payment Assistance* o Habitat for Humanity • Down payment assistance and associated project delivery (staff to qualify individuals and administer the program) to improve home affordability o Big Cypress Housing Corporation • Single family home construction and associated site improvement costs (page 3 for more detailed project description) • SHIP* o Down Payment Assistance *State of Florida SHIP funds, in conjunction with HOME funds, will be used to provide down payment assistance to eligible homebuyers. In a supplemental funding round approved by the Board of County Commissioners on May 14, 2013, HHVS allocated $300,000 to compliment the SHIP down payment assistance program. The program provides up to $20,000 ($10,000 from HOME matched with $10,000 of SHIP funds) for down payment assistance and/or closing cost. Tliii Program Year Action Plan 24 Versiooi 2 C) Packet Page-1967- 9/10/2013 16.F.1. Jurisdiction - olli r County Homelessness The re-housing of those at risk of becoming homeless or at risk of eviction will be for families with children, seniors and the mentally and developmentally disabled through the ESG program. In addition, the new construction of single family rental housing will provide those most in need of rental housing and will be geared to individuals/families that are at 60% of LMI in our area. The Continuum of Care Review and Ranking Committee recommended funding for Catholic Charities to provide rental assistance/homeless prevention along with case management utilizing ESG funding. This project will provide assistance to those individuals/families that are in danger of being evicted from their current permanent housing. Once the individuals/families are safe and secure in their housing units, case managers will provide support for each client to maintain and thrive. The FY13-14 identified projects to support homelessness are: • St. Matthews House o Shelter Operations • Fund utilities and environmental review in order to operate the shelter to serve homeless individuals/families • The Shelter for Abused Women and Children o Shelter Operations • Fund salary support of Security Coordinator, utilities and environmental review in order to operate the Shelter to serve abused women and children • Catholic Charities o Homeless Prevention and Rapid Re-Housing • Fund short term rental assistance (up to 3 months), supportive costs and housing stability case management (page 3 for more detailed project description) The Shelter Plus Care grant program continues to provide vouchers to assist mentally impaired individuals to be housed and local non-profits to provide wrap around supportive services to these individuals. With the transfer of the Continuum of Care Program to the CoC Committee, the Shelter Plus Care program was also transferred to the CoC and the County recently executed a termination agreement as Lead Agency. HUD is in the process of contracting directly with the Collier County Housing Authority to maintain the remaining years of the current Shelter Plus Care Agreement. The Shelter Plus Care termination agreement was approved by the Board of County Commissioners on June 25, 2013. While the County will no longer be the Lead Agency in this endeavor, the program will continue to provide rental vouchers to the individuals identified in the program. The only change in the services will be that of the Collier County Housing Authority as the Project Sponsor rather than Collier County. HUD will contract directly with the Housing Authority. Non Homeless Special Needs Community Assisted and Supportive Living (CASL) was funded to acquire multi-family housing in order to house people with disabilities. In addition, United Cerebral Palsy of Southwest Florida will provide transportation services to their clients so they may provide educational and supportive services at their educational facility on a daily basis. The non homeless special needs are briefly addressed as: • Community Assisted and Supportive Living (CASL) o Fund building acquisition and environmental review of multi-family housing to house persons with disabilities • United Cerebral Palsy i hird Program Year Action Plan 1r Version :2t) Packet Page-1968- 9/10/2013 16.F.1 . Jurisdiction - Collier County o Fund partial salary for staff and drivers, fund related operating costs and environmental review to transport persons with disabilities to the UCP Adult Day Education/Training Center Community Development Most of the remaining projects not identified above in this section are categorized as supporting the community development priority and their descriptions have been covered in other sections of this report. They are: • City of Naples o Intersection improvements and environmental review at Goodlette Frank Road and 5th Avenue North to improve pedestrian safety • Boys & Girls Club o Fund design and permitting activities for the eventual construction of the Immokalee Youth Development Center (see page 3 for a more complete description) • Salvation Army o Partial funding for land acquisition and environmental review for a new youth center • Goodwill Industries o Fund salaries, consultant (facilitators, coaches or mentor), operating costs and environmental review to provide four (4) Microenterprise program courses in order to assist students in starting their own business • Immokalee CRA o Fund salary for FT Business Development Center Manager, partial salary for an Administrative Assistant, environmental review and operating costs in order to assist in the facilitation and development of businesses in the Immokalee community • Legal Aid Services of Collier County o Fund 1 FT Attorney and 1 PT Paralegal to provide legal services for victims of domestic violence, sexual assault, dating violence, child abuse and other abuses, along with environmental review 2. USE OF RESOURCES The CDBG and HOME entitlement funds will be leveraged with private, state and local funding sources to achieve the goals of the Action Plan and meet the needs of the community. An example of successful partnerships is Habitat for Humanity partnership with HHVS in the NSP 1 and NSP 3 programs. In these programs, NSP 1 & 3 federal funds are used to purchase foreclosed houses; Habitat will then use private funds to rehabilitate, maintain and market the house to eligible homebuyers. Maybe select one or two more from the applicant pool to show more? Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. i l�irci Program Year Action Plan 26 Version 2.0 Packet Page-1969- 9/10/2013 16.F.1 . Jurisdiction -- Collier County Program Year 3: Action Plan Public Housing Strategy Response: 1. PLANS TO ADDRESS PUBLIC HOUSING The Collier County Housing Authority (CCHA) is an independent authority established under state laws. CCHA is not under the general control of the County. Unlike most housing authorities the Collier County Housing Authority has no HUD financed units. The Housing Authority's units were constructed through USDA Rural Development funding. The source of the funding limits use of the units to those in the agricultural industry such as farmworkers and employees of the packing house. Due to the age of some phases of Farmworker Village, the Housing Authority will continue to require assistance from USDA, HUD or other funding sources to provide upgrades and improvements. The Housing Authority (HA) studied it's marketability in the competitive local market. The HA's intent was to determine the need or surplus for farm labor housing in Immokalee and the surrounding areas of Collier County. The study illustrated the units did lack some amenities that potentially impeded marketability in comparison to other newer farm worker and non farm worker properties. The study did identify some recommended renovations to existing units to compete locally with other housing units. One such issue was the lack of air conditioning in some of the older units. The FY13-14 CDBG would fund the upgrade of electrical wiring and replacement of electrical panels in order to provide newer more cost efficient central air conditioning. Ank The Housing Authority does administer the County's Section 8/Housing Choice Voucher program. 2. IS THE HOUSING AUTHORITY DESIGNATED AS "TROUBLED" The County's Public Housing Authority is not listed as "troubled." Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 3: Action Plan Barriers to Affordable Housing Response: 1. ACTION TO BE TAKEN • The Affordable Housing Advisory Committee (AHAC) has formed a sub-committee to evaluate housing demand models including rental and potential incentives to assist low and low moderate income homebuyers. Progress is being made toward a model to use in planning for the needs for affordable housing incentives. • Significant subsidies will be provided for the homebuyers of the Neighborhood Stabilization Program houses to assist with the qualification of mortgages • Rental assistance will be provided for special needs and the elderly through the ESG Rapid Re-housing Program • Credit/Budget counseling from previous years' funding will be offered to assist citizens in budget for their housing needs. AVOW Third Program Year Action Plan 21 Ver iota 2.0 Packet Page -1970- 9/10/2013 16.F.1 . Jurisdiction Collier County • HHVS will continue to administer the State of Florida SHIP (down payment assistance) to assist first time LMI clients to become homeowners. « Shelter Plus Care rental vouchers and wrap around supportive services will be used to assist citizens with mental health issues live independently HOME/ AMERICAN DREAM DOWN PAYMENT INITIATIVE (ADDI) 1. Describe other forms of investment not described in § 92.205(b). 2. If the participating jurisdiction (P3) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4, If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 3: Action Plan HOME/ADDI Response: 1. Collier County does not provide HOME funds as equity investments, interest bearing loans or advances, etc. as identified in 24 CFR 92.205(b) 2. Collier County funds rehabilitation projects through a subrecipient agreement with local non- profit agencies as identified in 24 CFR 92.254. 3. Collier County does not intend to utilize any funding to refinance multi-family housing. 4. No ADDI funds were received for FY 2013-2014. 4liihci Program Year Action n an 28 Version 2.0 Packet Page -1971- 9/10/2013 16.F.1 . Jurisdictioir Collier County illiewatiommosomeassaiimar Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. 1. Sources of Funds—Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness—In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness—The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention—The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. Ask 5. Discharge Coordination Policy—Explain planned activities to implement a cohesive, community- wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 3: Action Plan Special Needs Response: 1. SOURCES OF FUNDS • Emergency Solutions Grant (ESG) funds from HUD. The required match for ESG funds is provided by the sub recipient. ESG funds in FY2011-2012 were split into two (2) allocations since HUD was drafting new homeless guidelines. A substantial amendment was completed on May 8, 2012 to accept the funds, but have not been awarded. HUD was in the process of amending the HEARTH Regulations during the FY2011-2012 and mandated the second allocation required a substantial amendment to identify how the funds would be allocated to projects. The County identified tenant based rental assistance as an important priority from the Consolidated Plan. When the amendment was presented to HUD staff was made aware that a recent change in the HEARTH regulations did not allow the County to contract with the Housing Authority (the potential subrecipient to distribute the funding). HUD notified that the 2"d allocation substantial amendment would not be approved so the second allocation of ESG funds from the FY2011-2012 have been combined with the current funding year to provide homeless prevention activities to keep potential homeless individuals/families in permanent housing. 1 hirci Program Year Action Nary 29 Ve€.°>ion 2.0 Packet Page -1972- 9/10/2013 16.F.1 . Jurisdiction -- Collier County _. • Continuum of Care (CoC) funds were recently awarded to St. Matthew's House, the Shelter for Abused Women and Children and the County's Homeless Management Information System (HMIS) under the guidance of the Continuum of Care Committee as the Collaborative Applicant. • Shelter Plus Care: Collier County accepted S+C funding at an October 11, 2011 Board of County Commissioners meeting for a five year period. This funding provides vouchers to re-house persons with mental disabilities. At the June 25, 2013 Board meeting, the County Commissioners terminated the contract between the County and HUD so that HUD could contract directly with Collier County Housing Authority. The Housing Authority is now the Project Sponsor. • The County's Hunger and Homeless Coalition (HHC) collaborates with the Collier County Schools Liaison for Education of Homeless Students and the Collier County Housing Authority case management team to prevent homelessness among families with children. The annual HHC fundraising event is the primary source of funding for this initiative to provide emergency financial assistance that maintains current housing or returns families to safe and secure housing. Additional project funds are received through donations to the HHC from individuals, businesses, and organizations in the community. Associated administrative costs are supported in-kind and through grants awarded to the HHC by the Florida Department of Children and Families and the United Way of Collier County. • Community Assisted and Supportive Living collaborates with the State of Florida, private and corporate donations to bring additional leverage to the building acquisition to provide housing for persons with disabilities. 2. MEET OBJECTIVES OF STRATEGIC PLAN The County has identified a 3-5 Year Strategic Plan priority homeless needs response in the Consolidated Plan. Over the past several years, the County, in partnership with the Continuum of Care Coalition has been successful in achieving the goals to increase the number of emergency shelter and transitional beds. The priority is now shifting to the need for permanent supportive housing beds. The most recent needs table indicates the following: Individuals Homeless Needs Table Needs Currently Available Emergency Shelters 156 199 el Transitional Housing 50 70 mPermanent Supportive 105 82 Housing Families Emergency Shelters 52 60 a Transitional Housing 27 24 mPermanent Supportive Housing 0 0 The ESG funds for FY2013-2014 provides emergency shelter assistance to both St. Matthews House and The Shelter for Abused Women and Children for shelter operations to continue shelter and transitional housing activities. However, the CoC review and ranking committee felt very strongly to provide housing prevention assistance and case management to Catholic Charities for assistance to keep individuals/families in permanent housing and not on the streets. While this I hird Program Year Action Plan 30 Version 2.0 Packet Page-1973- 9/10/2013 16.F.1 . ]ur rsdiction - Collier County activity is not necessarily permanent supportive housing, it will provide for a large number of individuals/families to stay in permanent housing, therefore reducing the risk of homelessness. In early 2013 Collier County notified HUD that the Homeless Management Information System (HMIS) would be transferred to the Continuum of Care and managed by Catholic Charities. Since the transfer of HMIS responsibilities two (2) new organizations have been added to the system, thus expanding the number of participating agencies to 20. 3. CHRONIC HOMELESSNESS The County's strategy to end chronic homelessness intends to reduce the number of chronic homeless by 50% over the next ten years. In cooperation with the Collier County HHVS, the Collier County Hunger and Homeless Coalition finalized 10 Year Plan to End Homelessness in 2011 that enhances the community's ability to link, refer, advocate, assess, and coordinate service deliveries in a cohesive collaborative effort. The Plan supports a Housing First model that includes wrap around supportive services for our most vulnerable citizens. The most important steps in the next ten years include: • Continue to improve the overall delivery system within the community through more effective coordination, linkage and utilization of services and resources. • Continue to implement the 10-year homelessness plan • Shift the use of Emergency Shelter and Transitional Housing (where a surplus exists) to permanent supportive housing (where more need exists). The Community struggles to meet the underserved needs of the homeless when federal and state funds continue to be cutback for such support services as mental health/substance abuse programs. This is especially important since the majority of the chronic homeless may be mentally ill, chronic substance abusers and/or dually diagnosed. 4. HOMELESSNESS PREVENTION The 10 Year Plan includes a provision for preventing homelessness including guidance and counseling for home owners to avoid the loss of their home. The County also coordinates with a variety of agencies with families and individuals who are at risk of becoming homeless. The HHVS encourages local agencies to refer families to the State of Florida Emergency Financial Assistance for Housing Program (EFHAP) which provides emergency housing assistance for families with children who are at risk of homelessness. HHVS, along with the CoC agencies, work together to provide both housing options as well as supportive services to those who are homeless or at risk of homelessness via the Collier County grants allocation process. The Hunger & Homeless Coalition (HNC) and the Continuum of Care (CoC) membership adopted the following strategies to align to the County's Action Plan and the Collier County 10 year Plan to End Homelessness. Goal 1: Affordable Housing Strategy Actions #1 Increase supply of permanent Strategy #1 Action Step housing units that best meet the needs Target Populations a-d of a target population. • Increase the number of rent subsidies and Housing Target populations include: Choice vouchers with case management • Increase Rapid Re-Housing programs with case a) Families with children who are homeless management, that enable individuals and families to or at risk for becoming homeless quickly and successfully move to stable housing Mild Program Year Action Plum 3.1 Version 2.0 Packet Page -1974- 9/10/2013 16.F.1 . Jurisdiction - Collier County b) Older adults and other persons, such as • Educate landlords about supportive housing and provide individuals with disabilities, who are incentives for them to house people with homeless or at risk for becoming eviction/MI/SA/criminal history homeless • Review current housing needs c) Veterans who are homeless or at risk for becoming homeless Target Populations a, b, c: d) Persons who are chronically homeless • Increase overall supply of committed affordable units • Provide incentives to mortgage holders/landlords to convert existing housing to real affordable units • Ensure that resources to prevent homelessness are funded and provided in a timely fashion Target Population b • Increase affordable assisted living units for seniors Target Populations c & d Increase permanent supportive housing units including housing choice vouchers with support services Strategy Actions #2 Maintain existing transitional Strategy #2 Action Steps housing and emergency shelter • Provide short-term emergency shelter and crisis housing programs with support services • Maintain transitional housing units with support services • Maintain transitional housing units with support services • Provide protection from domestic violence and empowerment programs • Develop shelter protocols aimed at Rapid Re-Housing approaches Goal 4: Resources for unaccompanied youth Strategy Actions 'i turd Program Year Action Nan 32 Version 2.0 Packet Page-1975- 9/10/2013 16.F.1 . Jurisdiction - Collier County Develop drop-in center and increase • Design awareness campaign that focuses on the housing ___ supply of overnight beds for youth 16 to needs of unaccompanied youth in Collier County 24 years old experiencing homelessness • Develop drop-in services with education and support for and unaccompanied by an adult high school graduation/workforce training programs, mental health counseling, and involve community social/recreation activities and contact with mentor/advocate • Work with local faith-based and other community organization to develop Host Home option3 • Apply for federal and state resources that can provide emergency shelter modeled on Covenant House or fund the group home4 option See Action Plan Specific Objectives Response: priorities section on page 21 of this report for more details. 5. DISCHARGE POLICY The CoC works with local law enforcement agencies and with its local medical community to reintegrate persons leaving public institutions. These services include state programs for ex- inmates to receive substance abuse treatment, and the state's Inmate Participation and Accountability Program for Community Transitional (IMPACT). The CoC also includes these individuals in its Outreach programs. Collectively, these agencies also participate in pre-booking intervention programs with mental health or substance abuse and with juvenile offenders. Also, more directly, HHVS currently administers both the Criminal Justice Mental Health & Substance Abuse (CJMHSA) grant which is funded by Florida's Department of Children and Families and the U.S. Department of Justice Drug Court grant, and have, in conjunction with community partners, re-applied for both of these funding sources. Emergency Solutions Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 3: Action Plan ESG Response: Not Applicable 3 Host Home: Long-term housing with a family with the support of a counselor and additional services. 4 Group Home: Long-term housing with a group of unaccompanied youth who live together in a home dedicated to that purpose, usually with an adult providing supervision and counseling. Fhitd Program Year Act inn Han t \feisio?rn 2,0 Packet Page-1976- 9/10/2013 16.F.1 . Jurisdiction Collier County Nirli 7 7 p „ � ib lbt -1,p P li' { - a i'. � 'h Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Program Year 3: Action Plan Community Development Response: PRIORITIES AND OBJECTIVES Collier County's Community Development priorities for the FY 2013-2014 Program Year are: • Community Facilities • Public Facilities • Public Service Initiatives • Economic Development Community Facilities: The largest community facilities grant this year is the Faith Landing Infrastructure project. Habitat for Humanity is providing funding to complete the first 2 phases of a 3-phase project. Once the construction of the 3rd phase of infrastructure improvements is complete, Habitat will construct housing for 20 families in the Immokalee community. This project targets both affordable housing and public facilities. The other important project is the rehabilitation of Section A of the Farm Workers Village project in Immokalee. This section of the village is one of the older sections and in dire need of electrical upgrades. An electrical short was a contributing factor in a recent fire in one of the units. Funding this electrical rehabilitation project provides the gap needed to improve the health and safety of the residents in this section of Farm Workers Village. Public Services: This year, in order to maintain public services cap compliance, HHVS has chosen to not allocate public service funds from the FY13-14 allocation. However, there is approximately $124,174 remaining from unspent/unallocated public services allocations from previous years that will be re-programmed to fully fund the 2 accepted applications for public services funds this year. They are Legal Aid Service of Collier County and United Cerebral Palsy and will fund legal aid services to those individuals dealing with domestic abuse, child abuse, dating violence and other forms of abuse and a transportation services program to provide daily transportation of their clients with special needs to the UCP Education Center in Naples, respectively. Both of these are expanded programs, and the UCP program represents a new public services partner/subrecipient. hiui Program Year ALt.ion Plan :34 Version 2.0 Packet Page-1977- 9/10/2013 16.F.1 . Jurisdiction - Collier County Economic Development: This year the County provided additional points in the selection process for economic development in the Immokalee areas of the county, the county's largest LMA. As such, the Immokalee Business Development Center was awarded funds to expand their successful program supporting development of new businesses in that area. Also, Goodwill Industries will provide assistance to new business owners located outside of Immokalee to start new businesses by offering a comprehensive business development training course; thus providing the opportunity to create and/or expand jobs for LMI citizens. Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 3: Action Plan Antipoverty Strategy Response: Collier County has four (4) major initiatives designed to reduce unemployment and increase economic opportunities for its poverty level residents. First, the County has an ongoing Economic Development Program. The program was enhanced this year significantly by creating an office of economic development, hiring a director and staff. This approach is designed to both attract new businesses to the County and to help existing businesses expand. One of the goals of is to reduce unemployment and to increase the number of high paying new jobs in Collier County. As part of this strategy the County established a trust fund to provide incentives to companies that locate in the County. Second, as an important partner in the local economic development efforts, Florida Gulf Coast University (FGCU) funds a Small Business Development Center (BDC) which teaches potential people how to successfully start a new company. FGCU also provides customized job training programs that train local residents (most of whom are unemployed or underemployed) to take specific jobs at new or expanding programs. Third, the County, through its CDBG program funded a micro-enterprise economic development program in Immokalee and another in Naples designed to create jobs and/or business opportunities for the County's low-income residents. Fourth, the Collier County School District, through Lorenzo Walker Technical School provides both life skills and customized job training for the County's low-income residents. These courses are designed to help under-skilled workers obtain jobs in the private sector. In addition, the County has two redevelopment areas, the Bayshore-Gateway Triangle CRA and the Immokalee CRA where it is actively seeking to redevelop older areas. Both of these areas have received millions in grant funds in recent years for disaster mitigation or recovery, and this serves as a basis for businesses to be attracted to the locales. Collectively, these efforts represent a realistic county-level antipoverty strategy. AINI Oak 1 hied Program Year Action Plan Versioii 2,0 Packet Page -1978- 9/10/2013 16.F.1 . ]urisdichon - Collier County > 9 1�� �'� SI d - �fe+ '` t rA 14 I i. � t r Non-homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 3: Action Plan Specific Objectives Response: 1. PRIORITIES AND SPECIFIC OBJECTIVES While the County has given the Non-Homeless Persons with Special Needs a medium priority, the County will continue to support projects and services to benefit these problems. Specific Objectives for Non-Homeless Persons with Special Needs for FY 2011 through FY 2016: • New or expanded facilities for persons with special needs: 25 beds HOME and CDBG, private funds will be used to leverage federal funding. • Supportive services to serve eligible persons with special needs: 200 persons. CDBG as well as leveraged funds will be used to support this objective. 2. HOW RESOURCES WILL BE USED The agencies that provide services to these special needs populations have their own sources of private as well as governmental funding. The County will continue to support these agencies through its CDBG/HOME program and other resources as they become available. • NSP 1 funds were used to buy foreclosed property and then transferred to the Foundation for the Developmentally Disabled (FDDD); the houses have been renovated and used as homes for developmentally disabled individuals. Private funds will be used to maintain the homes and provide supportive services. • Community Assisted and Supportive Living (CASL) was awarded HOME funds to acquire multi-family housing. Once the acquisition is complete, CASL will utilize other funds to rehabilitate the units and house 4 unrelated individuals in each unit. CASL provides wrap around supportive services to each client by providing such services and transportation to doctor's appointments, nutrition services, etc. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 1!°,i d Program Year Action Man ; Version 2.0 Packet Page-1979- 9/10/2013 16.F.1 . Jurisdiction - Collier County 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including . a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 3: Action Plan HOPWA Response: Collier County does not receive HOPWA funds. Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 3: Specific HOPWA Objectives Response: Not Applicable Asott laird Program Year t\LhOHa plan VOnr.R nt Packet Page-1980- 9/10/2013 16.F.1 . Grantee Name: Collier County CPMP Ver_s,on 2.0 Project Name: City of Naples - Intersection Improvements Description: LIDIS Project#: ICDBG13-01 IUOG Code: (FL129021 Fund intersection improvements and environmental review at Goodlette-Frank Road and 5th Avenue North in order to improve pedestrian safety. Location: Priority Need Category Naples -. Select one: Public Facilities I • Explanation: Expected Completion Date: Project improvement is in a low moderate income area. 9/30/2014 Objective Category O Decent Housing 0 Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1,Improve quality/increase quantity of public improvements for lower income persons •J II Availability/Accessibility 2,Improve quality/increase quantity of neighborhood facilities for low-income persons .• ❑Affordability _ _ ____ ❑sustainability 3 v vi _11 Public Facilities >•I Proposed 1 Accompl.Type: • Proposed_ — c Underway Underway CP N Complete Complete l CV C Accompl.Type: 1 • Proposed Accompl.Type: •(Proposed U Underway _ Underway .a E Complete Complete L a. u Accompl.Type: 'v Proposed Accompl.Type: v Proposed a Underway — Underway _ Complete Complete a Proposed Outcome Performance Measure Actual Outcome Safe and secure Improvements completed intersection 03K Street Improvements 570.201(c) • Matrix Codes j •I i — i Matrix Codes V ;,Matrix Codes [•I Matrix Codes ■I Matrix Codes • M CDBG Proposed Amt. $30,959 Fund Source • Proposed Amt. i. Actual Amount Actual Amount rg } Fund Source: • Proposed Amt. Fund Source: !• Proposed Amt. Actual Amount Actual Amount n= Accompl.Type • Proposed Units Accompl.Type: v f Proposed Units r...` Actual Units Actual Units Accompl.Type: •I Proposed Units Accompl.Type: I • Proposed Units Actual Units Actual Units t Accompl.Type: •J Accompl.Type: V Project (1) 1 CPMP Packet Page -1981- 9/10/2013 16.F.1 . Grantee Name: Collier County CPI IP Vetsl)n 2.0 Project Name: City of Naples - TBD Description: IIDIS Project#: ICDBG13-02 IUOG Code: IFL129021 TBD Location: Priority Need Category Naples —.._..... Select one: Priority Need Category li► Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1r I 1, — si Availability/Accessibility , _ Li Affordability 2 ❑Sustainabillty 3' Accompl.Type: N. Proposed Accompl.Type: v I Proposed in +a Underway Underway al 41 Complete Complete 4 = Accompl.Type: ♦ Proposed Accompl.Type: ■ Proposed .w sA • '• et. Underway Underway ',E E Complete Complete 0. u Accompl.Type: ■I Proposed _ Accompl.Type: ' v Proposed Q Underway Underway Complete Complete a Proposed Outcome Performance Measure Actual Outcome Matrix Codes .V Matrix Codes V Matrix Codes v Matrix Codes ; v. Matrix Codes v I Matrix Codes 1 V CDBG v Proposed Amt. $49,500 Fund Source: v Proposed Amt. VI L. ,Actual Amount Actual Amount �a v Proposed Amt. Proposed Amt. • Fund Source: P Fund Source: • P Actual Amount Actual Amount to Accompl.Type: I r• Proposed Units Accompl.Type: ®I Proposed Units G Actual Units Actual Units _ i' Accompl.Type: f® Proposed Units Accompl.Type: • Proposed Units d Actual Units Actual Units I Accompl.Type: V Accompl.Type: O I Project (1) 1 CPMP Packet Page -1982- 9/10/2013 16.F.1 . Grantee Name: Collier County Ch-1r Ver<;on 2.0 Project Name: Habitat for Humanity - Faith Landing Infrastructure Description: IDIS Project#: ICDBG13-03 JUOG Code: IFL129021 Fund construction of infrastructure and environmental review for phase 2C of the.Faith Landing Development in Immokalee in order to construct affordable single family homes. Location: Priority Need Category Immokalee I Infrastructure v 1 Select one: — I Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve quality/increase quantity of public improvements for lower income persons v IS Availability/Accessibility Increase the availability of affordable owner housing i v El Affordability 2 ❑Sustainability 3, __ v_I 11 Public Facilities v 1 Proposed 1 Accompl.Type: v Proposed = Underway_ Underway > O Complete Complete d .c Accompl.Type: i v Proposed Accompl.Type: Nor Proposed a.+ N i - N fl. Underway Underway •a E Complete Complete G, u Accompl.Type: , v Proposed Accompl.Type: v Proposed Q Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Site ready for housing Infrastructure installed construction 03K Street Improvements 570.201(c) v I I Matrix Codes i v i Matrix Codes 1 v I Matrix Codes v Matrix Codes i v I Matrix Codes v CDBG v Proposed Amt. $500,000 Fund Source: v Proposed Amt. _ ■ s. Actual Amount Actual Amount 4) Fund Source v Proposed Amt Fund Source: v Proposed Amt. Actual Amount Actual Amount E Accompl.Type: , v Proposed Units Accompl.Type I Proposed Units dl Actual Units Actual Units O it Accompl.Type: v [Proposed Units Accompl,Type: (v)Proposed Units Actual Units Actual Units Accompl.Type ''► Accompl.Type. : v Project (1) 1 CPMP Packet Page-1983- 9/10/2013 16.F.1 . Grantee Name: Collier County CI MP Vcrsirn 2,0 Alierik Project Name: Boys &Girls Club - Design and Permitting for Immokalee Youth Center Description: IIDIS Project#: ICDBG13-04 IUOG Code: IFL129021 Fund design and permitting activities such as, but not limited to civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center Location: Priority Need.Category Immokalee I Public one: ic Facilities E V I Explanation: Expected Completion Date: 9/30/2014 Objective Category 0 Decent Housing 0 Suitable Living Environment 0 Economic Opportunity Specific Objectives Outcome Categories 1 Improve quality/increase quantity of neighborhood facilities for low-income persons I ■I El Availability/Accessibility ❑Affordability 2 Improve the services for low/mod income persons low 1 _... ❑Sustainability 3 I Improve economic opportunities for low-income persons 11 Public Facilities I r l Proposed 1 i vi _ ! Accompl.Type: Proposed 44 Underway C y_ Underway _ y Complete Complete Aormig ,— = Accompl.Type: V Proposed Accompl Type: ! Proposed —u Underway — _. N a, _ Underway a^ Complete Complete d L. U Accompl.Type: Proposed Accompl Type: I v Proposed Q Underway — —Underway s Complete Complete Proposed Outcome Performance Measure Actual Outcome Design and permitting Activities complete to begin activities construction 03D Youth Centers 570.201(c) '►I I Matrix Codes Matrix Codes V I Matrix Codes Matrix Codes ' V ! Matrix Codes s I _..._ — CDBG V I Proposed Amt. $183 236 I o l' Proposed Amt. M Fund Source: L na — Actual Amount — Actual Amount } Fund Source: I 'e► Proposed Amt. Fund Source: r, Proposed Amt. Actual Amount E -- Actual Amount . L. Accompl.Type: •i Proposed Units Accompl.Type: 'V Proposed Units Actual Units p Actual Units A: Accompl.Type: ■,Proposed Units � Accompl Type: ;® Proposed Units Rime Actual Units Actual Units ovork Accompl Type: ■ Accompl.Type: v' Project (1) 1 CPMP Packet Page-1984- 9/10/2013 16.F.1 . Grantee Name: Collier County CNIT ver5,oa 2.0 Project Name: Big Cypress Housin• Corporation - Land Acquisition and Site Improvements Description: I Ibis Project#: 1 CDBG13-05 I UOG Code: I FL129021 Fund and acquisition and site improvements for the Hatchers Preserve Development in Immokalee in order to construct affordable single family rental homes. Location: Priority Need Category . .. .. ........-.._ Immokalee Select one: Infrastructure 1 • Explanation: Expected Completion Date: 9/30/2014 Objective Category Q Decent Housing 0 Suitable Living Environment Q Economic Opportunity Specific Objectives Outcome Categories 1 Increase the supply of affordable rental housing V Q Availability/Accessibility Improve the quality of affordable rental housing V El Affordability 2 ❑Sustainability 3 N. 11 Public Facilities V Proposed 1 Type:I.T e: V,Proposed in -- -- — Underway Underway > d Complete Complete O N p,Type:Accom i e v Proposed Accompl.Type: v Proposed u _ Underway Underway .o C. Complete 11111 Complete `' ' C. a Accompl.Type: Proposed Accompl.Type: Proposed osed u Q Underway 11111 Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Land acquisition and site Site ready for single family improvements complete . rental housing construction 01 Acquisition of Real Property 570.201(a) f • Matrix Codes V Matrix Codes •, Matrix Codes V Matrix Codes • Matrix Codes V CDBG v 1 Proposed Amt. $218,718 Fund Source: v Proposed Amt. 1., Actual Amount Actual Amount isT) Fund Source: v Proposed Amt. IIIIIINIIIIIII Fund Source: • Proposed Amt. Actual Amount IIIIIIIIIIIII Actual Amount E Accompl.Type: Is Proposed Units Accompl.Type: '�Proposed Units rT Actual Units Actual Units O L Accompl.Type: ■ 'Proposed Units Accompl.Type: , V I Proposed Units .__....... Actual Units Actual Units inimil Accompl.Type: '•1111. 11111111.11111111111 Accompl.Type: V Project (1) 1 CPMP Packet Page-1985- 9/10/2013 16.F.1 . Grantee Name: Collier County CPPit'Verson 2.0 Project Name: Collier County Housing Authority - Electrical Replacement Description: IIDIS Project#: ICD8G13-06 IUOG Code: I FL129021 , ,- Fund design, installation, inspection, environmental review and permits for electrical rewiring and replacement for Section A at Farm Workers Village. Location: Priority Need Category Immokalee Public Facilities I Select one: Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing 0 Suitable Living Environment 0 Economic Opportunity Specific Objectives Outcome Categories 1'Improve the quality of affordable rental housing ■ ©Availability/Accessibility ❑Affordability 2 Increase the supply of affordable rental housing V � ❑Sustainabiiity 3 I Improve access to affordable rental housing ( mr 04 Households '1r 'Proposed 150 — Accompl.Type: ®�Proposed _ = Underway Underway CU @ Complete > Complete vs Accompl.Type v I Proposed Accompl.Type: ■v I Proposed ++ V} _.—...._ u = Underway — v Underway 'i_ E Complete . Complete a u Accompl.Type: 1 v I Proposed Accompl.Type: N. Proposed Underway _.._ Q Y _ _ Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Safe, secure rental units electrical system upgraded 14C Public Housing Modernization 570,202 V ;Matrix Codes Nor Matrix Codes w I Matrix Codes V Matrix Codes V Matrix Codes I V CDBG 1 v Proposed Amt. $385 000 M . Fund Source: r I Proposed Amt. L. Actual Amount ra Actual Amount • Fund Source: - Proposed Amt. Fund Source: Iv Proposed Amt. Actual Amount Actual Amount i Accompl.Type: ' ♦ Proposed Units Accompl.Type: V i Proposed Units G Actual Units --- _.._ Actual Units E. Accompi.Type: ♦ Proposed Units 0. _...__ I Accompi.Type: f�Proposed Units Actual Units — Actual Units Accompl Type: - Accompl.Type: .VJ Project (1) 1 CPMP Packet Page -1986- 9/10/2013 16.F.1 . Grantee Name: Collier County CPI If'Veraiori 2.0 Project Name: Salvation Army - Land Acquisition Description: JIDIS Project#: ICDBG13-07 IUOG Code: IFL129021 Partial funding for land acquisition and environmental review for a new Youth Center. Location: Priority Need Category Countywide Select one: Public Facilities I v I Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing 0 Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 11 Improve quality/increase quantity of neighborhood facilities for low-income persons ■J El Availability/Accessibility Improve the services for low/mod income persons v O Affordability 21 O Sustainability 3 v u► 11 Public Facilities v I Proposed 1 Accompl.Type: vi Proposed +' Underway - Underway c N aJ Complete Complete CU c Accompl Type j v Proposed Accompl.Type: v Proposed 4.1 tn u _ Underway Underway _ GE Complete Complete L. V Accompl.Type: v I Proposed Accompl.Type: I V f Proposed ct Underway �.._ Underway _ Complete Complete Proposed Outcome Performance Measure Actual Outcome Youth Center Land acquired for eventual construction-Youth Center , 01 Acquisition of Real Property 570.201(a) I v j Matrix Codes F `Matrix Codes v Matrix Codes I v Matrix Codes v Matrix Codes V f m CDBG Proposed Amt. $480,000 Fund Source: ♦ G Proposed Amt. L Actual Amount Actual Amount U) Fund Source: v Proposed Amt. Fund Source: v t Proposed Amt. Actual Amount Actual Amount Accompl.Type: 1 v Proposed Units Accompl.Type: V Proposed Units OActual Units Actual Units a Accompl.Type: v I Proposed Units Accompl.Type: v Proposed Units Actual Units Actual Units illi I Accompl.Type: v Accompl.Type: ■ Project (1) 1 CPMP Packet Page -1987- 9/10/2013 16.F.1 . r,,F>�.� _ 2.0 Grantee Name: Collier County Project Name: Goodwill Industries - Microenterprise Program Description: IIDIS Project#: ICD8G13-08 I UOG Code: J FL129021 Fund salaries, consultant(facilitators, coaches or mentors), operating costs and environmental review to provide four (4) Microenterprise Program courses in order to assist students in starting their own business. Location: Priority Need Category Countywide Select one: Economic Development 1 vi Explanation: Expected Completion Date: 9/30/2014 Objective Category 0 Decent Housing 0 Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 I Improve economic opportunities for low-income persons ❑Availability/Accessibility I 2 Improve the services for low/mod income persons I I, II] ©Sustainability 3 j ■1 01 People v I Proposed 30 Accompl.Type: vProposed Underway Underway tg Complete Complete flJ = Accompl.Type: ♦'Proposed _ Accompl.Type: ♦ Proposed Q. Underway Underway _ 40•o Complete Complete d u Accompl Type: v I Proposed Accompl.Type: 1 v I Proposed a Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Clients will thrive in their Educate clients to start own own business business 1 , 18C Micro Enterprise Assistance 1 V► I Matrix Codes vii Matrix Codes V I Matrix Codes V Matrix Codes Iv Matrix Codes V M CDBG � r li Proposed Amt. $59,569 Fund Source: v Proposed Amt. L. Actual Amount Actual Amount AS Fund Source: ' Proposed Amt. Fund Source: ivi I Proposed Amt. Actual Amount Actual Amount m Accompl.Type: v Proposed Units Accompl.Type: v Proposed Units C Actual Units Actual Units Accompl.Type: (v!Proposed Units Accompl.Type: w► Proposed Units Actual Units /Actual Units MOM 1 Accompl Type: V Accompl.Type: W Project (1) 1 CPMP Packet Page -1988- 9/10/2013 16.F.1 . Grantee Name: Collier County at iP Vers':or 2.0 Project Name: Immokalee Community Redevelopment Agency - Business Development Description: IIDIS Project#: ICDBG13-09 I UOG Code: I FL129021 Fund salary for FT Business Development Center Manager, partial salary for an Administrative Assistant, operating costs and environmental review in order to assist in the facilitation and development of businesses in the Immokalee Community. Location: Priority Need Category Immokalee Economic Development V Select one: Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing O Suitable Living Environment QQ Economic Opportunity Specific Objectives Outcome Categories i Improve economic opportunities for low-income persons I V El Availability/Accessibility 2 Improve the services for low/mod income persons V [1]Affordability r II Sustainability 3 13 Jobs 1 V I Proposed 3 Accompl.Type: V Proposed a-' Underway Underway • _ _ CU? N Complete Complete ▪ Accompl.Type: 1 v Proposed Accompl.Type: 1 ♦?Proposed v 'a Underway Underway _ .o E Complete Complete 0. a Accompl.Type: v Proposed Accompl.Type: v .Proposed V — Q Underway Underway a Complete Complete Proposed Outcome Performance Measure Actual Outcome Education/support for Creation of new jobs new/existing businesses 18B ED Technical Assistance 570.203(b) V Matrix Codes _.V 1 Matrix Codes 1 IF I 1 Matrix Codes 1 Matrix Codes 1 ' Matrix Codes V CDBG v Proposed Amt. $115,000 Fund Source: I V Proposed Amt. th i Actual Amount Actual Amount nt } Proposed Amt.Fund Source: � � P Fund Source: , � Proposed Amt. .......... Actual Amount Actual Amount i Accompl.Type 'V)Proposed Units Accompl.Type: I• I Proposed Units Actual Units Actual Units L Accompl Type J Proposed Units Accompl.Type: ■ y I Proposed Units Actual Units — Actual Units NMI Accompl.Type: ,' Accompl.Type: Project (1) 1 CPMP Packet Page-1989- 9/10/2013 16.F.1 . Grantee Name: Collier County MU Vtrsiczr:—._? Aselk Project Name: Legal Aid Service of Collier County - Legal Support Description: IIDIS Project#: I CDBG13-10 I UOG Code: I FL129021 Fund 1 FT Attorney and 1 PT Paralegal to provide legal services for victims of domestic violence, sexual assault, dating violence, child abuse and other abuses,along with environmental review. Location: Priority Need Category Countywide Select one: Public Services 1 Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing 0 Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories ,Improve the services for low/mod income persons ■ ©Availability/Accessibility 1i ❑Affordability 2 i [1]Sustainability I 3, -- — 01 People yr Proposed 200 uy 1 Accompl.Type: Proposed Underway — Underway— _ Y Aplow CU> Complete Complete '4)+ H Accompl Type: I v Proposed Accompl.Type: ' ♦f Proposed Underway Underway Y •p E Complete Complete L a. u Accompl.Type: ; yr Proposed Accompl.Type: yr Proposed q Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Legal representation Clients served i 05C Legal Services 570.201(E) I♦ Matrix Codes i V i Matrix Codes - !Matrix Codes v I F_ I I Matrix Codes v 1,Matrix Codes yr CDBG '♦ Proposed Amt. $73 202 M Fund Source: I Proposed Amt. M Actual Amount Actual Amount W Fund Source: Nay, Proposed Amt. Fund Source: v I Proposed Amt. Actual Amount Actual Amount i Accompl Type _ I Proposed Units Accompl.Type. v Proposed Units C Cb Actual Units Actual Units '' Accompl.Type: w J Proposed Units � Accompl.Type: '� �Proposed Units ........._...-- Actual Units Actual Units Accompl.Type: 7J Accompl.Type: ■I Project (1) 1 CPMP Packet Page-1990- 9/10/2013 16.F.1 . Grantee Name: Collier County ci't1r Vert€+_�r 2.0 Project Name: United Cerebral Palsy - Transportation Services Description: IIDIS Project#: ICDBG13-11 IUOG Code: IFL129021 Fund partial salary for staff and drivers,fund related operating costs and environmental review to transport persons with disabilities to the UCP Adult Day Education/Training Center. Location: Priority Need Category Countywide _ Select one: Public Services '► I Explanation: Expected Completion Date: 9/30/2014 Objective Category Q Decent Housing 0 Suitable Living Environment fl Economic Opportunity Specific;Objectives Outcome Categories 1 • Increase range of housing options&related services for persons w/special needs 0 Availability/Accessibility ❑Affordability 2;Improve the services for low/mod income persons V ❑Sustainability 3 Improve quality/increase quantity of public improvements for lower income persons V 01 People (v Proposed 28 Accompl.Type: ♦ Proposed to r — C Underway Underway O Complete Complete 41 Accompl.Type: v I Proposed Accompl.Type: v I Proposed u _ Underway Underway tu.o Complete Complete L 0, u Accompl.Type: N. Proposed Accompl.Type: 1 N. Proposed Q Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Clients able to attend Transportation services for training center classes persons w/disabilities 05B Handicapped Services 570.201(e) 4 `Matrix Codes V 1 Matrix Codes 1 V I Matrix Codes V f Matrix Codes V i Matrix Codes . V M CDBG yr i Proposed Amt. $24 Fund Source: 1 V I Proposed Amt. i Actual Amount Actual Amount a)• Fund Source: v Proposed Amt. Fund Source: `ir Proposed Amt. . Actual Amount Actual Amount ra Accompl.Type: ;V I Proposed Units Accompl.Type: Proposed Units O Actual Units Actual Units `" 0. Accompl.Type V Proposed Units Accompl.Type: v Proposed Units -Actual Units Actual Units Accompl.Type: 'w j Accompl.Type: 1 ' Project (1) 1 CPMP Packet Page-1991- 9/10/2013 16.F.1 . Grantee Name: Collier County LI'^81f VetsIca-A:4 Project Name: HHVS Planning and Administration ''" Description: IDIS Project#: ICDBG13-12 UOG Code: (FL129021 ' Planning and administration Location: Priority Need Category Countywide Select one: Planning/Administration V Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing ©Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories V ❑Availability/Accessibility ❑Affordability 2, ❑Sustainability 3 m to Accompl.Type: _ I v Proposed Accompi.Type: • Proposed *.• Underway Underway > co Complete Complete Accompl Type: Proposed Accompl.Type Iv Proposed V ■ Underway Underway _ .O E Complete Complete L. Proposed d � Accompl.Type: � �_ P Accompl.Type: � Proposed a Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome 21A General Program Administration 570.206 `Matrix Codes '► i Matrix Codes ■I Matrix Codes Matrix Codes •1 Matrix Codes V CDBG ♦f Proposed Amt. $418,461 Fund Source ♦ (Proposed Amt. i Actual Amount Actual Amount ea Proposed Amt. E Proposed Fund Source: I • P Fund Source: � posed Amt. Actual Amount Actual Amount es Accompl.Type: !V Proposed Units — Accompl.Type: V Proposed Units Cri Actual Units Actual Units O 1. Accompl.Type: ■I Proposed Units Accompl.Type: j v. Proposed Units Actual Units Actual Units Accompl.Type: V 'Accompl.Type: V Project (1) 1 CPMP Packet Page -1992- 9/10/2013 16.F.1 . Grantee Name: Collier County CPMP Ver,inr■2.t+ Project Name: HHVS CDBG Project Delivery Description: IIDIS Project#: ICDBG13-13 IUOG Code: IFL129021 Funds to allow HHVS staff to provide project support directly related to specific CDBG projects. Location: Priority Need Category Countywide Select one: Other Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing 0 Suitable Living Environment 0 Economic Opportunity Specific Objectives Outcome Categories ❑Availability/Accessibility ❑Affordability 2, _II ❑Sustainability 3 —.._ I_7 Accompi.Type: •[proposed Accompl Type: • Proposed .i.) _.. _ _ Underway Underway —v d Complete Complete fli L Accompl,Type: •I Proposed Accompl.Type: • I Proposed U Underway _Underway OE Complete Complete L. 0. u Accompl.Type: • Proposed Accompl.Type: •k Proposed aUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Matrix Codes • [ Matrix Codes '• Matrix Codes • ! Matrix Codes • Matrix Codes • 1 Matrix Codes t„t CDBG ■ Proposed Amt. $35,000 Fund Source i• Proposed Amt. i. Actual Amount Actual Amount fa 0) Proposed Amt. Fund Source: • Proposed Amt. Fund Source • p _..____. Actual Amount — Actual Amount T. Accompl.Type: N. Proposed Units Accompl.Type: •l Proposed Units tT Actual Units Actual Units 0 it Accompi.Type: • Proposed Units Accompl.Type: • Proposed Units Actual Units Actual Units m Accompl.Type: • Accompl.Type: • Project (1) 1 CPMP Packet Page -1993- 9/10/2013 16.F.1 . c . Grantee Name: Collier County Project Name: HHVS Fair Housing Description: IIDIS Project#: ICDBG13-14 IUOG Code: IFL129021 Funds to allow HHVS staff to provide project support directly related to fair housing. Location: Priority Need Category Countywide _w,,.... Select one: Other 1 i Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing Q Suitable Living Environment a Economic Opportunity Specific Objectives Outcome Categories 1 V I ❑Availability/Accessibility ❑Affordability 2 -_.._..__ IS Sustainability 31 v l — i— Accompl,Type: v Proposed Accompl.Type: v Proposed da Underway Underway > d Complete Complete 7 y Accompl.Type: NI. Proposed Accompl.Type: r Proposed fl Underway Underway CV ,o E Complete Complete O. u Accompl.Type: Proposed Accompl.Type: V Proposed u Underway ___ Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome 051 Fair Housing Activities(if CDBG,then subject to 570.201(e)1 V ■Matrix Codes I Matrix Codes V (Matrix Codes V Matrix Codes V Matrix Codes ♦1 CDBG ,Proposed Amt. $2 000 M v . . Proposed Amt. i Actual Amount Actual Amount is N Fund Source: NY Proposed Amt. Fund . Proposed Amt. Actual Amount Actual Amount es Accompl.Type: s Proposed Units Accompl.Type: ' r Proposed Units I p O1 Actual Units Actual Units a d Accompl.Type: v. Proposed Units Accompl.Type: v.J Proposed Units Actual Units Actual Units E ■ f , Accompl.Type: V Accompl.Type V I Project (1) 1 CPMP Packet Page -1994- 9/10/2013 16.F.1 . Grantee Name: Collier County Cr`VIP Vein 2,0 Project Name: Habitat for Humanity - Acquisition Description: jIDIS Project#: IHOME13-01 (UOG Code: I FL129021 Fund down payment assistance and associated project delivery (staff to qualify individuals and administer the program) and environmental review of each unit to improve home affordability. Location: Priority Need Category Countywide Select one Owner Occupied Housing Ir Explanation: Expected Completion Date: 9/30/2014 – Objective Category 0 Decent Housing O Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1`Increase the availability of affordable owner housing V 1 ❑Availability/Accessibility 0 Affordability 2,Improve access to affordable owner housing ,V ❑Sustainability ■ j 04 Households r'1 Proposed 20 Accompl.Type: 1V Proposed Underway Underway (Ti Complete Complete C Accompl.Type i Proposed Accompl.Type: V I Proposed 4a 11) U • Underway Underway •V E Complete Complete , it u Accompl.Type: I ♦ Proposed Accompl.Type: V I Proposed u — Q Underway — Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Down payment assistance Homeownership for 20 households 13 Direct Homeownership Assistance 570.201(n) ;■I Matrix Codes I v Matrix Codes I v I!Matrix Codes v• I_ r Matrix Codes v' Matrix Codes V - f en HOME � Proposed Amt. $353,440 Fund Source: v Proposed Amt. L — Actual Amount — Actual Amount } Fund Source: s Proposed Amt. Fund Source: ♦I Proposed Amt. Actual Amount Actual Amount E la Accompl.Type: V Proposed Units Accompl.Type: : i I Proposed Units m _ Actual Units Actual Units 0 L Accompl.T yp e: V Proposed Units Accompl.Type: w Proposed Units Actual Units Actual Units MUM Accompl,Type: `V Accompl.Type: V I Project (1) 1 CPMP Packet Page-1995- 9/10/2013 16.F.1 . _Pfis,rss c.;��,.o Grantee Name: Collier County Project Name: Community Assisted and Supportive Living-Acquisition Description: IDIS Project#: IHOME13-02 JUOG Code: IFL129021 Fund building acquisition and environmental review of multi-family housing to house persons with disabilities. Location: Priority Need Category Countywide Select one: Non-homeless Special Needs Explanation: Expected Completion Date: 9/30/2014 Objective Category 0 Decent Housing 0 Suitable Living Environment 0 Economic Opportunity Specific Objectives Outcome Categories 11Increase range of housing options&related services for persons w/special needs V el Availability/Accessibility 1.Increase the supply of affordable rental housing v ❑Affordability 2 ❑Sustainability 3 i Improve access to affordable rental housing No* 01 People , v Proposed 8 Accompl,Type: v Proposed Underway Underway Complete Complete s Accompl.Type: v Proposed Accompl Type: v I Proposed u O. Underway —._ Underway 3 Complete Complete L a u Accompl.Type: v I Proposed Accompl.Type: v Proposed U a Underway —_..__ __ underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Safe/secure rental units for Acquisition and rehabilitation of persons w/disabilities duplex 01 Acquisition of Real Property 570.201(a) I■j Matrix Codes I v r— Matrix Codes v j;Matrix Codes v !Matrix Codes ' �. _ I;Matrix Codes v __ j M HOME I v !, Proposed Amt. $405,564 Fund Source: v Proposed Amt. i Actual Amount Actual Amount W Fund Source: v Proposed Amt. Fund Source: v Proposed Amt. Actual Amount Actual Amount fa Accompl.Type: I v I Proposed Units Accompl.Type v I Proposed Units 01 __ _ _ O Actual Units Actual Units i� Accompl.Type: v Proposed Units Accompl.Type: v Proposed Units Actual Units Actual Units row Accompl.Type: :IF a Accompl.Type: v Project (1) 1 CPMP Packet Page -1996- 9/10/2013 16.F.1 . Grantee Name: Collier County CPt,U'Ver54 :.o Project Name: Big Cypress Housing Corporation - Single Family Rental Construction Description: IIDIS Project#: IHOME13-03 IUOG Code: IFL129021 Fund single family home construction and associated site improvement costs to include such items as, but not be limited to, engineering services, soils testing, utility installation and connection fees, drainage maintenance and repairs, project signage, liability insurance, architectural services,building permits, permit processing and project delivery of construction at Hatchers Preserve in order to provide affordable single family rental homes in Immokalee Location: Priority Need Category Immokalee —._... Select one: Rental Housing ly Explanation: Expected Completion Date: 9/30/2014 Objective Category 0 Decent Housing 0 Suitable Living Environment Q Economic Opportunity Specific Objectives Outcome Categories 11Increase the supply of affordable rental housing (■ El Availability/Accessibility ❑Affordability 2 tImprove access to affordable rental housing ❑Sustainability 3 Improve the quality of affordable rental housing I♦I 04 Households ♦I Proposed 10 Accompl.Type: ♦ Proposed in +' Underway Underway C Tr ca Complete Complete y Accompl.Type: 1 w Proposed Accompl.Type: ♦ Proposed u • Underway Underway .o E Complete Complete CI- 0 L u Accompl.Type: ♦ I Proposed Accompl.Type: ♦ Proposed v a Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome New single family rental Families have safe, secure housing affordable rental housing 12 Construction of Housing 570.201(m) ♦II.Matrix Codes ♦ Matrix Codes ♦I Matrix Codes ♦1 Matrix Codes ♦ Matrix Codes ♦I M HOME ■1.Proposed Amt. $1,000,000 Fund Source V Proposed Amt. ..- s. Actual Amount Actual Amount to Fund Source: ♦ Proposed Amt. Fund Source: ♦ Proposed Amt. } — Actual Amount Actual Amount to Accompl.Type: ♦ Proposed Units Accompl.Type: ♦j Proposed Units CFI L o Actual Units Actual Units '' Accompl.Type: L" Proposed Units d. P Accompl.Type: ■ Proposed Units Actual Units Actual Units MN 1 Accompl.Type: ♦ i Accompl.Type: Project (1) 1 CPMP Packet Page -1997- 9/10/2013 16.F.1 . Grantee Name: Collier County tti'Plp`a0!„11 ..0 Project Name: HHVS HOME Planning and Administration omaik Description: IIDIS Project#: IHOME13-04 IUOG Code: IFL129021 Planning and administration for HOME proJects Location: Priority Need Category Countywide Select one: f Planning/Administration ■ I Explanation: Expected Completion Date: 9/30/2014 — Objective Category O Decent Housing d Suitable Living Environment 0 Economic Opportunity Specific Objectives Outcome Categories 1 ❑Availability/Accessibility ❑Affordability 2 3 0 Sustainability 3 l cn Accompl.Type: iv Proposed Accompl.Type: Iv Proposed 4a Underway Underway C > ai Complete Complete dk E -c Accompl.Type: I♦E Proposed Accompl.Type: [♦ I Proposed to v :_ Underway Underway QE A Complete Complete L C. u Accompl.Type: w Proposed Accompl.Type: ♦ Proposed U Q Underway Underway_ Complete Complete Proposed Outcome Performance Measure Actual Outcome 19A HOME Admin/Planning Costs of P3(not part of 5%Ad Matrix Codes 'I Matrix Codes i V I Matrix Codes V Matrix Codes V I' Matrix Codes HOME ;♦ Proposed Amt. $47,409 Fund Source: ♦I Proposed Amt. L. Actual Amount Actual Amount } Fund Source: 1 v Proposed Amt. Fund Source: r[ Proposed Amt. Actual Amount Actual Amount ra Accompl.Type: 'V Proposed Units Accompl.Type: ' Proposed Units Ch Actual Units —_ Actual Units t Accompl.Type: i v• Proposed Units Accompl.Type: ® Proposed Units Actual Units Actual Units Accompl.Type: V Accompl.Type: V Project (1) 1 CPMP Packet Page -1998- 9/10/2013 16.F.1 . Grantee Name: Collier County C'iP V•etLion 2.0 Project Name: HHVS HOME Project Delivery Description: IIDIS Project#: IHOME13-05 IUOG Code: (FL129021 Funds to allow HHVS staff to provide project support directly related to specific HOME projects. Location: Priority Need Category Countywide Select one: Other •— Explanation: Expected Completion Date: 9/30/2014 Objective Category Q Decent Housing ©Suitable Living Environment, 0 Economic Opportunity Specific Objectives Outcome Categories ❑Availability/Accessibility v. ❑Affordability 2 r- ill Sustainability Accompl.Type: • `Proposed Accompl.Type: • Proposed Underway Underway o Complete Complete cu H Accompl.Type: • Proposed Accompl Type: • Proposed V ' Underway Underway .o E Complete Complete pi,, u Accompl.Type: • Proposed Accompl.Type: I• Proposed v a Underway Underway— Complete Complete Proposed Outcome Performance Measure Actual Outcome Matrix Codes V .Matrix Codes • �2 Matrix Codes •I Matrix Codes I r Matrix Codes • Matrix Codes • M HOME • Proposed Amt. $35,000 Fund Source Nr-1 Proposed Amt. L. Actual Amount Actual Amount U Fund Source: No' Proposed Amt. Fund Source • Proposed Amt. Actual Amount Actual Amount El Accompl.Type: •I Proposed Units Accompl.Type: i 'v Proposed Units ._.._........__.............._.........__....................._ Actual Units Actual Units 0 a. Accompl,Type: • I Pro p osed Units Accom p I, yp • f Proposed Units Actual Units Actual Units Accompl.Type: • Accompl.Type: • Project (1) 1 CPMP Packet Page-1999- 9/10/2013 16.F.1 . Grantee Name: Collier County Ci-iii'Version=.0 Project Name: The Shelter for Abused Women and Children Description: IIDIS Project#: JESG13-01 IUOG Code: IFL129021 z"' Fund salary support of Security Coordinator, utilities and environmental review in order to operate the Shelter to serve abused women and children Location: Priority Need Category Countywide ■ Select one: Public Facilities Explanation: Expected Completion Date: 9/30/2014 Objective Category 0 Decent Housing 0 Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1'Increase the number of homeless persons moving into permanent housing v El Availability/Accessibility Improve the services for low/mod income persons +I El Affordability 2 r ❑Sustainability 3, rn 01 People v Proposed 500 Accompl.Type: Ir Proposed +' Underway Underway — c O Complete Complete Aositft 7 s Accompl.Type 'v Proposed Accompl.Type: ■ Proposed u . Underway Underway .o E Complete Complete 6 M. u Accompl.Type: ■ `Proposed Accompl.Type: ∎) Proposed V Underway --_ Underway eg Complete Complete Proposed Outcome Performance Measure Actual Outcome Safe environment for Partial utilities and salar paid abused women and for shelter 05G Battered and Abused Spouses 570.201(e) I w !Matrix Codes lur Matrix Codes 1 V Matrix Codes v Matrix Codes VI Matrix Codes v." en ESG ■ Proposed Amt. $39,792 Fund Source: I v I' Proposed Amt. >_ Actual Amount Actual Amount RI W Fund Source: Nr Proposed Amt. Fund Source: , ■ Proposed Amt. Actual Amount Actual Amount Accompl.Type: ' Proposed Units Accompl.Type: :■ I Proposed Units L8 Actual Units Actual Units O i Accompl.Type: l Proposed Units Accompl.Type: ■ Proposed Units a Actual Units Actual Units NIIIIM•111 00014, Accompl.Type ■ Accompl.Type: "V' Project (1) 1 CPMP Packet Page-2000- 9/10/2013 16.F.1 . Grantee Name: Collier County Ci U Vers,)-i Verso- 2.0 Project Name: St. Matthews House- Shelter Utilities Description: IIDIS Project #: IESG13-02 IUOG Code: 1FL129021 Fund utilitites and environmental review in order to operate the shelter to serve homeless individuals/families. Location: Priority Need Category Naples —.... Select one: Public Facilities Explanation: Expected Completion Date: 9/30/2014 Objective Category O Decent Housing ®Suitable Living Environment 0 Economic Opportunity Specific Objectives Outcome Categories 1 End chronic homelessness ' 1 0 Availability/Accessibility 2 r Improve the services for low/mod income persons rr CI Affordability ❑Sustainability 3; 01 People v Proposed 500 Accompl.Type: ' Proposed 4-1 Underway --..._— — Underway C — > (1,) Complete Complete d = Accompl.Type: ' Proposed Accompl.Type: � ' Proposed u _ Underway Underway .o E Complete Complete G, v Accompl.Type: ' 'Proposed Accompl.Type: ' I Proposed o ct Underway _ Underway _ Complete Complete Proposed Outcome Performance Measure Actual Outcome Safe environment for Partial utilities paid for shelter homeless ind/families Matrix Codes �'I Matrix Codes ' I Matrix Codes I 'jl Matrix Codes ' Matrix Codes '1,Matrix Codes ' in ESG ♦ Proposed Amt. $39,792 Fund Source: 1' Proposed Amt. z, Actual Amount Actual Amount } Fund Source: 'I Proposed Amt. Fund Source: ' Proposed osed Amt. Actual Amount — Actual Amount i Accompl.Type 'I Proposed Units Accompl.Type 'v Proposed Units O Actual Units Actual Units i. Accompl.Type: 'i Pro Proposed Units i■ [[ p, P Yp p Accompl.Type: ; ' i Proposed Units Actual Units Actual Units nom Accompl.Type: slailMilliiiiiiiiiimilimilliiiiiiimm Accompl.Type: Iv i Project (1) 1 CPMP Packet Page -2001- 9/10/2013 16.F.1 . Cf$Ir ver c4r,2.0 Grantee Name: Collier County Project Name: Catholic Charities - Rental Assistance Description: LIDIS Project#: I ESG13-03 I UOG Code: I FL129021 Fund short term rental assistance(up to 3 months) and/or supportive costs such as, but not limited to, utlities, rental application fees, security deposits, last month's rent, utility deposits and payments, moving costs, housing search and placement, landlord-tenant mediation, tenant legal services and credit repair, environmental review, along with housing stability case management in order to keep individuals/families in housing and prevent eviction and/or homelessness Location: Priority Need Category Countywide Select One: Rental Housing Nr Explanation: Expected Completion Date: 9/30/2014 Objective Category 0 Decent Housing 0 Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 i Increase the number of homeless persons moving Into permanent housing v 0 Availability/Accessibility End chronic homelessness v ❑Affordability 2 i----__- — ❑Sustainability 3,Improve access to affordable rental housing ! v tn 04 Households I v 'Proposed 50 Accompl.Type: ' v)Proposed —_ 4' Underway ._...._ C Y _ Underway > a) Complete Complete O —, S Accompl.Type: Iv Proposed Accompl.Type: v I Proposed 4.. to Q. Underway Underway 'SE Complete Complete L.Q. U Accompl.Type: v Proposed Accompl,Type: v I Proposed O Q Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Rental assistance and Homelessness prevention supportive services 4 Matrix Codes I V v I', Matrix Codes j 1— Matrix Codes v Matrix Codes 1 1 i Matrix Codes I v Matrix Codes v m ESG v Proposed Amt. $92,335 Fund Source:.--; v ,Proposed Amt. L. Actual Amount Actual Amount RI } Fund Source: ■ Proposed Amt. Fund Source: v) Proposed Amt. Actual Amount Actual Amount i I Accompl.Type: `v Proposed Units Accompl.Type: V k Proposed Units a _ Actual Units Actual Units O. Accompl.Type: v Proposed Units Accompl.Type: j v i Proposed Units Actual Units Actual Units m Accompl.Type: I v Accompl Type: j v Project (1) 1 CPMP Packet Page -2002- 9/10/2013 16.F.1 . CPh1P Ver.sl ri_.0 Grantee Name: Collier County Project Name: HHVS ESG Planning and Administration Description: (IDIS Project#: !ESG13-04 IUOG Code: j FL129021 Planning and Administration of ESG program Location: Priority Need Category Countywide Select one: Planning/Administration V Explanation: Expected Completion Date: 9/30/2014 — Objective Category O Decent Housing 0 Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1, s ...................... El Availability/Accessibility ❑Affordability 21 ❑Sustainability 3 Accompi.Type: ' v Proposed Accompl Type: ♦ Proposed i U1 —— 4J Underway Underway C Ti d1 Complete Complete 1? s Accompi.Type: Nor Proposed Accompl.Type: I v Proposed u ■ Underway Underway .6 E Complete Complete 0. V Accompi.Type: V l Proposed_ Accompl.Type: V Proposed Q Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Matrix Codes v ''Matrix Codes ! IF i j Matrix Codes 1 'V 'Matrix Codes V Matrix Codes y :;Matrix Codes I r m f ESG ® Proposed Amt. $9,948 Fund Source: �V Proposed Amt. L Actual Amount Actual Amount W Fund Source V Proposed Amt. Fund Source: N. Proposed Amt. Actual Amount Actual Amount 2 Accompl.Type: V I Proposed Units Accompl.Type: ! r Proposed Units Actual Units Actual Units mal 4 Accompl.Type: r I Proposed Units Accompi Type: V l Proposed Units Actual Units Actual Units ill 1 I I 'Accompl.Type: ♦ Accompl.Type: j - Project (1) 1 CPMP Packet Page -2003- 9/10/2013 16.F.1 . CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,the jurisdiction certifies that: Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing,which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction,take appropriate actions to overcome the effects of any impediments identified through that analysis,and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan--It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,and implementing regulations at 49 CFR 24;and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d)of the Housing and Community Development Act of 1974,as amended,in connection with any activity assisted with funding under the CDBG or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1, No Federal appropriated funds have been paid or will be paid,by or on behalf of it,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,it will complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions;and 3. It will require that the language of paragraph I and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law(as applicable)and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with CDBG,HOME,ESG,and HOPWA funds are consistent with the strategic plan. Section 3--It will comply with section 3 of the Housing and Urban Development Act of 1968,and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date • ATTEST: Approved as to form and legality MOOT E. BRO K. CLEW A Cant County Attorney • CA •Packet Page -2004- 9/10/2013 16.F.1 . Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation--It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan--Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing,expand economic opportunities primarily for • persons of low and moderate income.(See CFR 24 570.2 and CFR 24 part 570) Following a Plan--It is following a current consolidated plan(or Comprehensive Housing Affordability Strategy)that has been approved by HUD. Use of Funds--It has complied with the following criteria: I. Maximum Feasible Priority.With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight.The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community,and other financial resources are not available); 2. Overall Benefit.The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2 013, 2 014(a period specified by the grantee consisting of one, two,or three specific consecutive program years),shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments.It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income,including any fee charged or assessment made as a condition of obtaining access to such public improvements. However,if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements(assisted in part with CDBG funds)financed from other revenue sources,an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds,including Section 108,unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources.In this case,an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds.Also,in the case of properties owned and occupied by moderate-income(not low-income)families,an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force--It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its CA Packet Page -2005- 9/10/2013 16.F.1 . jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 USC 2000d),the Fair Housing Act(42 USC 3601-3619),and implementing regulations. Lead-Based Paint—Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35,subparts A,B,J,K and R; Compliance with Laws--It will comply with applicable laws. • Signature/Authorized Official Date rhairwnman, collier County Board of County Commissioners Title • A�iIri 7 E0 8ROCK 9 tLL iu: Approved as to form and legality Assis t County A omey CA Packet Page-2006- 9/10/2013 16.F.1 . OPTIONAL CERTIIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Offcial Date Chairwoman, Collier County Board of County Commissioners Title �►l EST: &IGGT E. BROCK, CLEW: Approved as to form and legality Assistant County ttorney • CA Packet Page -2007- 9/10/2013 16.F.1 . Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance--If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply,affordability,and availability of decent,safe,sanitary,and affordable housing. • Eligible Activities and Costs--it is using and will use HOME funds for eligible activities and costs,as described in 24 CFR§92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities,as described in§92.214. Appropriate Financial Assistance--before committing any funds to a project,it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Chairwoman, Collier County Board of County Commissioners Title Approved as to form and legality Assistant County Attorney • Amok CA Packet Page-2008- 9/10/2013 16.F.1 . ESG Certifications The Emergency Solutions Grants Program Recipient certifies that: Major rehabilitation/conversion—If an emergency shelter's rehabilitation costs exceed 75 percent of the value of the building before rehabilitation,the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation.If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion,the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion.In all other cases where ESG funds are used for renovation,the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation. Essential Services and Operating Costs—In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter,the jurisdiction will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided,without regard to a particular site or structure,so long the jurisdiction serves the same type of persons(e.g.,families with children,unaccompanied youth,disabled individuals,or victims of domestic violence)or persons in the same geographic area. Renovation—Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services—The jurisdiction will assist homeless individuals in obtaining permanent housing,appropriate supportive services(including medical and mental health treatment,victim services,counseling,supervision,and other services essential for achieving independent living), and other Federal State, local,and private assistance available for such individuals. Matching Funds—The jurisdiction will obtain matching amounts required under 24 CFR 576.201. Confidentiality—The jurisdiction has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program,including protection against the release of the address or location of any family violence shelter project,except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement—To the maximum extent practicable,the jurisdiction will involve,through employment,volunteer services,or otherwise,homeless individuals and families in constructing,renovating,maintaining,and operating facilities assisted under the ESG program, in providing services assisted under the ESG program,and in providing services for occupants of facilities assisted under the program. Consolidated Plan—All activities the jurisdiction undertakes with assistance under ESG are consistent with the jurisdiction's consolidated plan. Discharge Policy—The jurisdiction will establish and implement,to the maximum extent practicable and where appropriate policies and protocols for the discharge of persons from . CA Packet Page-2009- 9/10/2013 16.F.1 . publicly funded institutions or systems of care(such as health care facilities, mental health AOW facilities,foster care or other youth facilities,or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons. Signature/Authorized Official Date Chairwoman, Collier County Board of County Commissioners Title ATTEST: MOO E. HROCK• CL C K+• Approved as to form and legality AssisEant County Aktomey CA Packet Page-2010- 9/10/2013 16.F.1 . HOPWA Certifications The HOPWA grantee certifies that: Activities--Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building--Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation,or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. N/A Signature/Authorized Official Date Title ArrTE$T: pp �+�y olaGi ! E. BR�f UM, Approved as to form and legality Assistant County Attol'rtey CA Packet Page -2011- 9/10/2013 16.F.1 . APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$I00,000 for each such failure. CAO Packet Page -2012- 9/10/2013 16.F.1 . RESOLUTION NO.2013 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING: A ONE-YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS FY 2013-2014; AUTHORIZING THE CHAIRWOMAN TO EXECUTE REQUIRED HUD CERTIFICATIONS; AND AUTHORIZING TRANSMITTAL OF THE PLANS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires a Five-Year Consolidated Plan and One-Year Action Plan be developed and submitted as an application for planning and funding of Community Development Block Grant (CDBG), HOME Investment Partnerships(HOME), and Emergency Shelter Grant(ESG) Programs; and WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities for low and moderate-income persons; and WHEREAS, the Five-Year Consolidated Plan for FY 2011-2016 and an updated Citizen Participation Plan were adopted by the Board of County Commissioners on July 26,2011; and WHEREAS, the FY 2013-2014 One-Year Action Plan will serve as a planning document for Collier County; an application for federal funds under the HUD formula grant programs; a strategy to be followed in carrying out the HUD programs; and an action plan that provides a basis for assessing performances. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The Board of County Commissioners of Collier County approves the FY2013- Page 1 of 3 Packet Pare-2013- - - - 9/10/2013 16.F.1 . 2014 One-Year Action Plan for the CDBG, HOME, and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Housing, Human and Veteran Services Department to transmit the Plans to the proper funding authority and take all necessary actions for implementation of the CDBG,HOME, and ESG programs. 2. The Chairwoman of the Board of County Commissioners is authorized to execute certifications pertaining to the Action Plan on behalf of the County. 3. The One-Year Action Plan sets forth the dollar amounts and draft project descriptions for each project estimated for each activity to be funded by the CDBG, HOME,and ESG Programs. A copy of the proposed projects, funding and beneficiaries is included in the Executive Summary and incorporated by reference.Accordingly, the Subrecipient Agreement for all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and worthwhile County purpose. 4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this I3th day of August, 2013,after motion, second and majority vote favoring same. SIGNATURE PAGE TO FOLLOW Page 2 of 3 CD - -- Packet Pare -2014- _ :_ _ . 9/10/2013 16.F.1 . ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA By: ,Deputy Clerk By: Georgia A.Hiller,ESQ.,Chairwoman Approved as to form and legality: Jermiter A. Belpedio,Assistant County Attorney Z Page 3 of 3 (3)1 Packet Page-2015- .RESCUE DISTRICT'S EMS COUNCIL WILL ANY PERSON CLAIMING AN 9/10/2013 16.F.1 . HOLD ITS REGULAR MONTHLY INTEREST IN THE SURPLUS FROM THE MEETING ON FRIDAY MAY 17, 2013 SALE, IF ANY, OTHER THAN THE oerore the scheduled appearance is j iJ 1 Ce d�ct "C°�r 1 , less than 7 days;if you are hearing or t L __� .., l � , rit c , voice impaired,call 711. / IA(1 ,. - - May 10&17,2013 No.1988619 1 Public Notice 11-2010-CA-000641 1 lJ IN THE CIRCUIT COURT I fA i- /1!f / ,�,1 HUD FY2013-2014 HUD Entitlement Application Cycle OF THE 20tH JUDICIAL CIRCUIT, ow The Collier County Housing, Human & Veteran Services Department (HHVS) IN AND FOR s t Y 9. COLLIER COUNTY,FLORIDA, f ( r announces the opening of the FY 2013-2014 grant application cycle. During FY CASE No. 11-2010-CA-000641 ,`l)_�,,. ) /','1;7. i+s -/' . 1 ;,) 2013-2014 Collier County is scheduled to receive federal funds from the U.S. ;1 Department of Housing and Urban Development (HUD) Community Development BAC HOME LOANS SERVICING, LP FKA I Block Grant (CDB0) funds,'HOME Investment Partnerships Program (HOME) funds COUNTRYWIDE HOME LOANS t and Emergency Solutions Grant(E5G)funds. SERVICING LP, Plaintiff, The application period will begin on Friday, May 10, 2013 and will continue us* through 3 p.m. Wednesday, June 5, 2013, The applications are available on the 2AVAI A.MELESIO,et.al., HHVS website at www.colliergov.net under the NHS Main page link and paper Defendants. • copies of the application may also be obtained at our offices at 3339 Tamlami Trail East,Suite 211,Naples,FL 34112. NOTICE OF FORECLOSURE SALE Administered by the U.S. Department of Housing and Urban Development (HUO), ,NOTICE IS HEREBY GIVEN pursuant this federal program funds projects that meet one or more of three objectives; to an Order or Final Judgment entered in Case No. 11-2010-CA-000641 of the "Benefits low-and moderate-Income persons or households who earn at or Circuit Court of the 20TH Judicial below 80%of the median income Circuit in and for COLLIER County, "Aids in the prevention or elimination of slums or blight Florida, wherein, BANK OF AMERICA "Qualifies as a certified urgent need N.A.,SUCESSOR BY MERGER TO BAC Consistent with the approved Consolidated Plan, the following types of HOME OANS SERVICING, LP ANA projects/programs will be con LOUNNRYWIDa HOMMGsidered: E LOANS SERVICING LP, Plaintiff, and, ZAVALA, MELESIO,et al.,are Defendants, I will WOG: sell to the highest bidder for cash at, • o Infrastructure the lobby on the 3rd floor of the o Community/Public Facilities Courthouse Annex,. Collier County o Public Services Initiatives Courthouse, 3315 Tamiami Trail East, o Economic Development Naples,FL.34112 at the hour,of 11:00 o Special needs housing a.m., on the 22nd day of May, 2013, o TBRA Administration the following described prdperty: o Housing Rehabilitation HOME: LOT 15 BLOCK 196, GOLDEN GATE UNIT 6, ACCORDING TO THE PLAT o Single family housing un!t•rehabilitat!on THEREOF RECORDED IN PLAT BOOK 5, PAGE 124 THROUGH INCLUSIVE o Mufti-family rental units rehabilitation O F THE PUBLIC RECO RDS OF CO LLIER o Tenant Based Rental Assistance COUNTY,FLORIDA o Community Housing Development Organization(CHDO) Any person claiming an interest in "Set Aside Activities the surplus from the sale,if any, other "Operating Funds than the property owner as of the o Homebuyer Education date of the l!s pendens must file a Emergency Solutions Grant(ESG); claim within 60 days after the sale, o Essential services to homeless families and individuals DATED this 25th of April,2013. o Shelter and transitidnaf housing operational Costs DWIGHT E.BROCK o Homeless prevention activities Clerk Circuit Court o Emergency shelter rehabilitation,renovation or conversion By:/sl Maria Stocking -The HI-IVS Department; consistent with the Collier Deputy Clerk Participation Plan will hold these Public Meetings during this annualvappi application Submitted by: GREENS P 0 0 N cycle. MARDER,CCPy,,A. Technical Assistance will be provided for those that wish to attend one or both of Ftt..Lauderdale,FL33309Rd,Ste 700 the following meetings: (954)343-6273 . '.. • Tuesday,May 14,2013-3:00pm to 5:00pm-Immokalee Library,417 N.first If you are a IpersonTAwi h a disability Street,Immokalee who needs any accommodation in • order to participate in this proceeding, Wednesday,May 22,2013-3:00pm to S:ttpm-Golden Gate Community Center, you are entitled,at no cost to you to 'Room C,4701 Golden Gate Parkway,Naples. the provision of certain assistance. • Please contact.•he Clerk of the Court's If you are unable to attend either meeting, you may contact HHVS,at any time disability coordinator at Charles Rice, during the application period before Friday,May 31,2013 for a one-on-one techni• ' Administrative Services Manager, cal assistance meeting.Any questions and answers from individual meetings will be whose office is located at 3315 EAST made publicly available. TAMIAMI TRAIL,SUITE 501,.NAPLES, FL 34112,2392528800,at least 7 days The Affordable Housing Advisory Committee(AHAQ will review the FY13-14 Draft before your scheduled court Annual Action Plan with a list of recommended projects at their regular meeting appearance, or immediately upon on Monday,July 8, 2013. The Board of County Commissioners will review and ap- receiving this notification.if the time prove the FY13-14 Annual Action Plan at a regular meeting on Tuesday, July 9, before the scheduled appearance is 2013. . less than 7 days;if you are hearing or voice impaired,call 711. Organizations seeking information, technical assistance with the grant application Mav3&10,2013 • No.1987954 process or for any other questions may contact Elly Soto McKuen(239)252-2664 or EllyMcKuenecoliiergov.net. 11-2011-CA-002437 IN THE CIRCIT Mav 70 2013. NO.1988916 OF THE 20th JUDUICIAL COURT IRCUIT, IN AND FOR Y ., COLLIER COUNTY,FLORIDA ,a "y 1= CASE NO.: 11-2011-CA-002437 NOTICE OF PUBLIC SALE FLAGSTAR BANO,PSB,• Plaintiff, TO BE HELD AT: THE LOCK UP SELF STORAGE vs' 1025 Piper Blvd. CHRISTOPHER C. SMITH, KATHERINE F, Naples,Florida 34110 SMITH, THE COVE HOMEOWNERS • ASSOCIATION OF NAPLES, INC. and Date: May 29,2013 UNKNOWN TENANTS/OWNER H/IC/A MEGA ZAZAS, BEGINS AT:11:00 A.M. Defendants. CONDITIONS: All units will be sold to the highest bidder. Bids taken only or each NOTICE OF SALE PURSUANT unit in its entirety. Payment must be made by cash,credit card,or certified funds. TO CHAPTER 45 No personal checks accepted. All goods must be removed from the unit within 24 NOTICE IS HEREBY GIVEN pursuant hours. Payment due immediately upon acceptance of bid. Unit availability subject to a Final Judgment of Foreclosure to prior settlement of account. dated February 25, 2013, and entered UnitUnit 057,Masonry Apprentice Committee Un 2 in Case No, 11-2071•CA-002437 of the 20 a and Boxes Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Unite 3713,AAR Counseling Services,Thetesa M.Firer,Agent Florida wherein Flagstar Bank, FSB and Christopher Boxes,Plastic Bins and Miscellaneous Items Plaintiff C. Smith, _ay 10&17.2013 N a 7 988776 Katherine F. Smith, The Cove Homeowners Association of Naples, :r Packet Page -2016- 9/10/2013 16.F.1 . McKuenEll From: McKuenElly Sent: Saturday, May 11, 2013 1:08 PM To: Allegra Belliard-Catholic Charities; amelia @cchafl.org; Ana DiMercurio (adamercurio @drugfreecollier.org);Angela Edison-CCHA; Annette Guevin Guadalupe Center; Armando Galella-Catholic Charities; Barb Cacchione; Barbara Evans-Grace Place; Barbara Oppenheim -Guadalupe Center; Barbara Parks Salvation Army; Bernadette La Pagila; Bill Varian (wjv1992 @aol.com); Bob Wolfe(bbwolfe829 @aol.com); bourbonstboyl2 @yahoo.com; bradshawjoa @comcast.net; CapitaMarie Immokalee CRA; Carl J. Kuehner(Retcjk @aol.com); CasertaAshley; cerdmancj @aol.com; Chris Nind-Salvation Army; City of Naples-Greg Givens; COFFO-Coalition of Florida Farmworker;Colleen Cornwall-ABLE Academy; colliermindy @aol.com; Community Coordinated Care for Children; Corina Pitsenbarger (corina.pitsenbarger @lfullcircle.com); Cormac Giblin-Habitat; David Glenn-FFDD; David Lawrence; ddondonna @aol.com; Debi Mahr-CCHunger&Homeless; Dottie Cook EASF; Elaine Reed-Naples Historical Society; Essie Serrate (ESerrata @cchafl.org); Fai Chan-CC Public Schools; Fred Richards-Goodwill; Gail Tunnock-Childrens Advocacy Center; Gerald Siegel-Eden Autism; Geralyn Poletti-DLC; Geva Salerno Conservancy of SW Fla; IMMCAA- Olga Hernandez; J Keith Waters WPO Development-Salvation Army; Jack Bachmann- Bromelia Place; Jackie Stevens(stephens @caccollier.org); Jean Jourdan-Bayshore CRA; Jeanne Couture Florida Non-Profit;Jeffrey Ahern-Legal Aid; Jinx Liggert-Youth Haven; JoAnn Johansen Conservancy; John Lawson-One by One; Josue Wilmoth-Goodlette Arms; Karen Kalinowski-Immokalee Foundation; Kathleen Peck-Lighthouse of Collier; Kathleen Reynolds- Early Learning Coalition; Kathryn Hunter NAMI; Kathy Gumph ; Kathy Patterson HDC of SW Fla; Katie Schweikhardt-Harry Chapin Food Bank; Laura DeJohn-Johnson Engineering; Linda Morse Guadalupe Center; Linda Oberhaus SAWCC; Lisa Lefkow-Habitat; Lisa Reddick- SAWCC; 'Marci Sanders-SAWCC'; Marco Island-Leslie Sanford; 'Maria Adame -COFFO'; Maria Gomez-CC Public Schools; Marilyn Tiburski; Matthew Trent-Golden Gate Fire; Melissa Satacino Naples Equestrian Challenge; Michael Sell-Goodwill; MuckelBradley; Nick Kouloheras-Habitat; Nicole Muley-SAWCC; 'Paterno, Joe'SWFLA Works; Peter Manion- IHFS; rodrigcy @collier.k12.fl.us; Salinas, MaryJane-Cypress Run; Sally Richardson; Scott Eller-Renaissance Manor; Scott Geltemeyer DLC; Shannon Anderson-United Way; Sheryl @SoukupStrategicSolutions.com; Stephanie Munz Campbell-Grace Place; Steve Kirk- Big Cypress; SUNRFSE remba @sunrisegroup.org); Sunrise Community of Collier County'; Susan Golden-IHFS; Theresa J. Shaw(TShaw @beccc.com); Todd Foege (egfconsultant @gmail.com); Todd Foege(toddfoege @gmail.com); Trisha Zumbach-Goodwill; Vann Ellison 'St Matthews House'; Vicki Carr Immokalee Front Porch; WilliamsBarry; zasmalls27 @Iive.com Cc: GrantKimberley; SonntagKristi; MarreroSandra; MunozRosa; MagonGeoffrey; HutchinsonBarbetta Subject: FY13-14 CDBG/HOMEIESG Grant Application -Annual Cycle Attachments: FY13-14 CDBG-HOME-ESG Grant Application 5-11-13.docx Dear Non-Profit Organizations, • Collier County Housing, Human and Veteran Services (HHVS) is pleased to announce the County's annual HUD application cycle. HHVS has available funds from U.S. Housing and Urban Development(HUD) Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) and Emergency Solutions Grant(ESG) Programs to be awarded. The application period began Friday, May 10, 2013 and closes on Wednesday,June 5,2013.Technical Assistance will be provided for those that wish to attend one or both of the following meetings: Tuesday, May 14, 2013 - 3:00pm to 5:00pm-Immokalee Library,417 N.First Street,Immokalee OR Wednesday, May 22, 2013 - 3:00pm to 5:00pm-Golden Gate Community Center, Room C,4701 Golden Gate Parkway, Naples 1 Packet Page-2017- 9/10/2013 16.F.1 . In addition to the technical assistance meetings, staff will provide an overview of the new application and discuss the application cycle at the Key Partnership Meeting on Thursday,May 16, 2013 at the Collier County Government Complex,Administration Building, 5th Floor Training Room, 3299 E.Tamiami Trail, Naples.The meeting begins at 2:00 p.m. If you are unable to attend any of these meetings,you may contact HHVS for a one-on-one meeting. This year HHVS has made significant changes to the application.We strongly recommend each organization review the application thoroughly prior to beginning the application process. Within the application, significant changes have been made to the budget section of the application. HHVS strongly recommends all organizations contact us for an appointment with staff to review the budget portion of the application prior to submitting an application. Should you have any questions or need additional information,please do not hesitate to contact Elly Soto McKuen, Operations Analyst at(239) 252-2664 or ellymckuenPcolliergov.net. Our office would like to thank you for all you do for our community.Thanks again and have a wonderful day. Elly Elly Soto McKuen Operations Analyst Collier County Housing,Human and Veteran Services 3339 East Tamiami Trail,Suite 211 Naples,FL 34112-5361 (239) 252-2664 Direct Line (239) 252-3046 Fax please consider the environment before printing this email The information contained in this message may be privileged and/or confidential and protected from disclosure.If the reader of this message is not the intended recipient or agent responsible for delivering this message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error,please notify the sender immediately by replying to this message and deleting the material from any computer. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 Packet Page -2018- 9/10/2013 16.F.1 . ',,.. .-Z—cl. it).- ‘'-y-- Z' 'J _,,,._,:i u, ....„ i,, . , , ....„:„17-7 t , / '' ftCl`7 J I l • , Pi ''i ► c �,, - ..t r � �O � " c ,,-,. -I �• o = • \ .? �� .-, :-_.... RI ,� o ' *:" C1 . N �, o• z-. 4 H 12 Z ••••< 0 LO -n ....s yU Z C w 0 3 �, C �, f o m r' �) ` 4 , L1' t\ o (A) 33 Sao 6C ' N } `i�'= , ' A iO 0 61 E , ,, l z .1 (o ,, RA- % N R„. ,_, ‘,...‘, ,,, ___..._ ,. F g, :,, t,, r`i ,-.-r , ,,.., Vii 3 %~ . , _-� r-9 "- ' ,. ate.-,. - _7: .,, 1-.) - , ,___ ,s, j ,,.., 11161,,Z,‘ii., y. --1' '� - Packet Page -2019-� s 9/10/2013 16.F.1 . •--, . . ,'-') ..4-:as. ,• •y,' j 7:- 7_, . _1 ;1" 'la Z „0001* ..,..,..„, - co •-, -5- 0 . , i- ) , .(71 ''' c'• IN, - 3 , ■.) 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COLLIER COUNTY,FLORIDA HUD Action Plan FY 2013-2014, Substantial Amendment And Public Meeting Notice Citizen Participation Announcement Collier County is developing its FY 2013-2014 One Year Action Plan as part of its 5-Year Consolidated Plan (CP) FY 2011-2016 as required by the U.S. Department of Housing and Urban Development (HUD). The goals of the Consolidated Plan are identified as: provide decent housing; provide a suitable living environment; and expand economic opportunities for very low, low and moderate-income persons. The Consolidated Plan guides Collier County's efforts for addressing both housing and non-housing community activities. This One-Year Action Plan determines expenditures for projects that will be conducted in the 2013-2014 program year. Collier County, along with its entitlement city,Naples,has been allocated $2,092,307 in Community Development Block Grant(CDBG)funds for FY2013-2014. In addition,the County has identified unspent/unallocated funds in the amount of $545,796 that will be re-programmed for eligible projects in the FY13-14 funding year. Eligible activities for CDBG funds include, but are not limited to: construction and renovation of public facilities, land acquisition,and public services in accordance with 24 CFR§ 570.201.Approximately 100%of the total allocation will benefit low and moderate-income persons. Collier County has been allocated $474,095 in HOME Initiative Partnership Program(HOME)funds for FY2013-2014 to expand the supply of decent, affordable housing for low and very low-income families. Collier County has identified unspent/unallocated HOME funds from previous years funding in the amount of$1,367,324 that will be re-programmed for eligible projects in the FY13-14 funding year. This year's HOME funds will provide single family housing rental construction,down payment assistance and building/land acquisition. HUD required CHDO Set Aside funds are allocated once an eligible project request is received and approved. Approximately 100%of the total HOME allocation will used to benefit very low and low-income citizens. Collier County has been allocated $132,640 in Emergency Solutions Grant(ESG) funds from FY2013-2014 and unspent funds from the 2❑d allocation of ESG FY2011-2012 funding year in the amount of$49,227. ESG funds may be used for emergency homeless shelters operations, re-housing of homeless individuals and families, Homeless Management Information Systems (HMIS), and homelessness prevention activities and outreach. Approximately 100% of the total allocation will benefit the homeless or individuals/families that are at risk of homelessness. ESG will be distributed in accordance with HUD guidance. The approximately$545,796 in CDBG, 1,367,324 in HOME and $49,227 in ESG funds from multiple previous years for un-allocated or unspent funds that are being combined to provide supplemental funding in conjunction with the FY2013- 2014 funding year. The proposed One Year Action Plan for FY 2013-2014 includes the following projects: CDBG-$2,638,103 (FY2013-2014 allocation of $21092,397 plus un-allocated/unspent funds from multiple previous years of $545,796) CDBG-Planning&Administration(HHVS) $481,461 CDBG(HHVS)Project Delivery $35,000 CDBG(HHVS)Fair Housing $2,000 City of Naples—Intersection Improvements $ 30,959 City of Naples-TBD $49,500 Habitat for Humanity — Faith Landing Infrastructure $500,000 Boys & Girls Club of Collier County—Design and Permitting for Immokalee Youth Center $183,236* Big Cypress Housing Corporation — Hatchers Preserve Land Acquisition and Infrastructure $218,718* Collier County Housing ' "' ' • ' it Replacement for Section Packet Pale-2021- TT sO, $385,000 9/10/2013 16.F.1 . Village Salvation Army — Land Acquisition for Youth Center $480,000 • Goodwill I.ndustries—Microenterprise Program $59,569 Immokalee CRA—Business Development $115,000 Legal Aid Services of Collier County — Legal • Services for Victims—Public Services $ 73,202* United Cerebral Palsy—Transportation Services —Public Services $ 24,458* Total $ 2,638,103 HOME-$1,841,419 (FY2013-2014 allocation of $474,095 plus un-allocated/unspent funds from multiple previous years of$1,367,324) HOME-Administration(HHVS) 347,409 HOME(HHVS)Project Delivery $35,000 Habitat for Humanity — Down Payment Assistance $353,446 Community Assisted and Supportive Living — Building Acquisition $405,564* Big Cypress Housing Corporation — Hatcher's Preserve Single Family Rental Construction — CHDO Set Aside and HOME allocation $1,000,000* Total $1,841,419 Emergency Solutions Grant (ESG)-$181,867 (FY2013-2014 allocation of $132,640 plus $49,227 from FY2011-2012 2nd allocation) • The Shelter for Abused Women and Children — Shelter Operations $ 39,792 St.Matthews House—Shelter Operations $ 39,792 Catholic Charities — Homeless Prevention and Case Management $ 92,335* ESG RHVS Administration $ 9,948 Total $ 181,867 TOTAL for all projects $4,661,389 Funding for the supplemental projects identified with an asterisk(*)in the table above will utilize unspent/unallocated funds from the HUD CDBG,HOME and ESG previous funding years from FY2003-2004 through FY2012-201.3. During the Public Hearing on August 13,2013,these supplemental funds will be reallocated to the identified project above.This will serve as the advertisement for the substantial amendments for the re-programmed projects. Public Comment Period There will be a public comment period from July 14 to August 14,2013 regarding the One Year Action Plan. During this period, the draft Plan will be available for review in all County's public libraries, at the Public Information Desk in the Harmon Turner Building on the Collier County Government Main Campus, in the Housing, Human & Veteran Services Department office located at 3339 E Tamiami Trail,Building H, Suite 211,Naples FL 34112,and the Collier County web site at www.colliergov.net. The document is available in a format accessible to persons with disabilities upon request (239-252-2901).All comments(received through the DINS office, either written,by telephone,via email,regular mail or in person)from citizens will be considered in preparing the final Consolidated Plan One Year Action Plan FY 2013-2014. HHVS will respond to all comments in writing within 15 days of receipt. Collier County is an Equal Opportunity Employer. Collier County complies with the Fair Housing Act(47 11 S C 3(inn Pt-CPO and County Fair Housing Ordinance 92-9. Packet Page -2022- 9/10/2013 16.F.1 . Next Step Two public meetings will be held to take input on the draft Action Plan. The first public meeting will be held on Tuesday, July 30,2013 from 3:00 p.m.to 5:00 p.m. at Immokalee Library located at 417 N. First Street,.Immokalee, FL 34142. The second public meeting will be held on Tuesday, August 6, 2013 from 3:00 p.m. to 5:00 p.m. at the Golden Gate Library located at 2432 Lucerne Road,Naples,FL 34116. Final Action Adoption of the One Year Action Plan(FY 2013-2014) is scheduled for Tuesday August 13, 2013 at an absentia meeting and will be formally ratified by the Board of County Commissioners at a regularly scheduled meeting. This provides the ability to meet HUD deadlines for the Action Plan submittal on August 15, 2013.The Action Plan may be amended after this time, should the need arise. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign,please contact the Housing, Human&Veteran Services office at(239) 252-4663, no later than two(2)days prior to the public hearing date. For additional information contact Elly Soto McKuen at(239) 252-2664 or EllyMcKuen@Colliergov.net. Packet Page -2023- ing.home, 5pay-Wineutered, Mink E;.OF:'NIEEx�NG s 1N0,TiCE OFJ4(EEfll!`rG� i, k''' 9/10/2013 16.F.1 . PAULTOPLIE 5OCi5STS rabies vaccinated, wormed, - ))� 50f Each,Many Brands, microchipped, Cal! 239-370- COLLIER COUNTY.FLORIDA r3 Y il,l, Call 239.595-8898 HUD Action Plan FY 2013.2014,Substantial Amendment 1 y 8727. Adoption fee $60. • And Pubes Meeting denial :•;lus'p.; Porter Cable Nailer www.naplescatalliance.org Citizen Participation Announcement naplesnewscom 5/8 - 1 1/4" 3 18 a., like new; Non-profit 501c3 Collier County is developing I lc in FY 20132014 One year A<ton Plan as pen of its$75.00,239-565-7000 • 5-Year Consolidated Plan ICP)FY 2011-2016 as enquired by tlw U.S.Department of • 009 cage,wire, ' Housing and Urban oevebpmenl(HUD),The goods of the Conmhdated Plan are "° • Porter Calsle Stapler 42]n x 28 In x 29 in,like new, identified a provide decent honing;provide suitable living environment;end F?e?.j (,},,�, .(y3' a [ll W r3 a u v 1/2-1 like new;$75.00.239- expand nook opportunities for very low,low and mwaeratedneome persons. -.-_ „ .. J3 $75.239-774-7192 The Consolidated Plan guides Collier Camty's efforts for addressing ulb housing $ , 565.7000 DOG ESSENTIALS and -housing community activities. This One-Year Action Pin determine, IIa sneWS.com sr t O Craftsman 220 SLIGHTLY USED. exP•netuorfor profetmtnat.�mhecondunedlnuezot32oM program year. compressor. $75Y. Colter County. along with Its entitlement city, Naples, has been allocated • P folding Crate 46x30x32H$75. Community •'r;..<„. Call 239-595-8898 In a9L30T in Development Block Grant(COed1 fulls t e FY2013.7014.of - . ..,;:,.a E Collar Sport Basic G3$125 lu addition the County has identified unspent/unallocated funds in the mount of �[Yf35FFiE9Fif i3r F r3�'SaJ:'a: TABLE SAW Automotive Pet Barrier$40. $545,796 that will be re-programmed ler eRg,ble projects In the FY13-14 funding CRAFTSMAN Call Lorry 239.591-0408 year,Eligible activities for CMG funds include,but are not limited to; construction r�,7� and renovation of ubfk facilities, land acquisition, and public makes in U";�liL:� (/-,T /r q2y�//1 . $200, 239-597-8359 DOG KENNEL large Kell: with 24 cf i o 570.201.troometeiy 100%of the told allocation MI �`- -.w.,,ba.;n„_,.��„-� 4fp/rl[G/ 'C,/'1�7 !!' g hana0t bsv and modefate$lconteRenom. TABLE SAW,folding, portable; by Sky Kennel $41. . 10 inch:$50 or offer (239)389-9003 cosier county has been allocated 1+74,096 in HOME Initiative Partnership Program - (HOME)Iunds for 1I of- co to expand do supply ofd.hest elf niI lie housing en/ "_ a1CC0 Eagle (239)394.7529 on Marco]std ELECTRIC FENCE contain- u tow .red very ids from tamales.colter county has identities.'of unspent/ - .,W1 rep w ment center by PetsBfe, 45, um ill b HOME funds Iran preriWl years funding to the 14 fum of$1,367,374 painting walls: for y $ that Vra bus re p its will ed far eligible projects o the mot t4 IusGn9 on Thn -� painting walls: $300. (239) Details call(239)389.9003 Yew•,HOME funds to provide single acquisition.Ny housing remit d CCDOiSet Aside . 821-21B6 Ymento=n hn<e will but..en. t r HUD ter ei CNDO Set Aside Luis Pee(�hee,ARC light Pu'nds a ,Hocated a an eDROable protect request rs eeeived and approved. t-.:.;:' ryl j!3ares'rFrrs�5la.8 L°d6(fi: --�? • WELRNER EXT LADDER yellow,shots,health cert. Approximately t00%of the solar HOME allocation will used to.benefit very liner . 24FT$135.CASH'' Ready now Call 239-839-8828 1ov>-lnrome dliaem. 239.273-6747. IUIINI TOY SC INALI- copier county ham than II led 2132,640'n Enter g•nry Solutions Gran)!ESE)) / funds Isom FV20132w. nit onspml Ionds from the.ME Ilootdon of ESG 4010(^ S. , z 6'+''- e6 t ;$ER pups 6 wks old; $900. FV2011-2012 funding ye=n ui the amount of$49,227. ESG funds may bus used for 4 ;MEDlGAL SOPBLl69 parents on site.(239)246-6547. MINIM,homeless sh411ers opere0om, ehamirg o homeless iWi vi and tomtits, H lass Mena&Me t IApproxima Systems of the, M homdnmess ._ Remedios quad roller Naples FL ban activities and outreach Apprpaimalely Igo%of thr tdtd allocation wit ''' ---_____ �_. massaging cushion, model y bee NI the hit dIa ar Indivi ilfr Hn rlvt ash M rick ul h«selessness, FSG 9 9 Dacftshund mix.Tan 2 0 loot', wilj be rnsvibsriea In amadenee vAlh HUD guidance. P^ SORM400.$75, 239.450-7654 White 7 ono girl, httpdtsmall-• Classiflec1 Deacillivas: Jazzy enebili eovwer dogs lu.webs.com/. $100 obo, The approximately 1.545,796 in CDBG,1,367,329 to HOME and 149,227 In ESG funds Z1r •7 power from Mole prevan years for u-Ileceled or unspent funds that being • deem Brand new never been Call Jessica at 239-784-7759. combined to provide supplemental funding in conjunction with the FY2013-2014 1.611 CI 1 °t'S7 II``"p•^3 y € 01131 I;^ •,;I W14„ , wed$1,200/obo 239-571-6726 Sipple-Tgtp/MALTESE& uning year. I)1.a r�;e ii,ll 14_c.C.,e p°f • - C e MOBILiTY SCOOTER, paperltrainl$599.pups 9.8027 ids awects°'rea One Veai Action Plan for FY 2013.2114 indodes the following @ 2310 model; 3 wheeler,w/ba • 11E., Daily Nevus sleet:$499.(239)642-3720,Bill TOY POODLES CD13012,63fi,m3(FY2o13•2014 allocation of 52,092,307 plus tin-allocated/unspent funds from multiple previous years of 5545,79n REVD SCOOTER:- 3 females,8weeks old, coen•Parmitg B Administration MEWS) MBIA61 through owners manual, 1 male,-year old.$350. [DIG MHOS)Project $35,000 Tuesday through Friday Please call 239-272-4960 paid$900 CM(HMVS)Fair Housig fz,000 In Great condition. City of Naples-Intenectiun rnpmwments $30,959 pp1 Call2393300717 WESTERN SADDLE, caEofNaplel-TIM $49,500 2� a'a, one clay priolr. Ha sat for Humanity-Faith Landsg Infrastructure $500,000 $150. 2 bridles, $175. Saddle B o y s r Count' Onign and Permitting • dh pads/blankets,$750.348.2646 }w lmmokni9e Youth Center rte$$ LL �•1 lla a^ & Monday p�vY w ya 8183,236' Saturday, Sunday C'i 5Hd491��.9� 1PORTING.000O., A Cyypress lbusinr.a,uoration•Hatehers Preserve Land r ' -'c'�. - Acquisition and Infrastructure 8218,718' • Collier Count Housing uthority-Electrical keplattment �yy+[��tf(g� Friday ATV WEbIacki Extra fMSe Section Farm Wah RZV tape 305,000 `D• M ° rlday • 'Nii4CEL1,ANtout-" large,. blue/black/silver. Worn Salvation Army-Land Ncquisilbn la Youth Center 1460,000 A/C 2 Tonce.$75. Cai1239-450-7654 Goodwig/ndustries-Micro erste rpm Ise Program $59569 TON GOOD- Immokalee CAA-Business Development 6119009 Bally's lifestyle sea for MetidsewknorCvices O[y•Legal Serwn ;., W" � KLAN package unit, $200. yr IY LeralAimSenike of Collie S 73ao7 -� '' '' r�°' ' '"` " f '"`�•(239)455-4980 t I o United Cerebral Palsy-Transporlatlon Services Public iervkes S 24.958 Sv"' l�A .( ,i. 4- , nary hike. 200/obo Total $-._..2,638,103 dF- •' 1 r " g�' 2 A/C UNITS,one floor � $ _..___........_... ................... �� i 1f�^ 1� 3 1 2-3 43 6000 HOME.51,841,419 P ._..._ ._. . p_.. a2"�+ee (200; one window unit $125. a previous 20Te allocation of$470.095 plus upalboI d/unF Mt w'c� .9fi r r- (239)200-1903 BIKE funds loom multiple prPvlous yeera of 51,367,324) ,,,,,..4.-334,r .VIIPO�*fyP' .r4 l•l HOME-Administration(WINS)' 347,¢09 i�- � l ate. 1� Banshee display shelf Saris from trek indoor space HOME(HHVS1 Project Delivery $35,000 ?A jtetT# 0 fi Pit value r eo - P y saver$75.239.250.2532 Community it Humanity and Sup Payment Assistance 1353946 .� � r 4B h x 25 W & foot stool, community Assbted and supportive uvingBulldfng 2 beautiful,$70.(239)860-2983 British Open Colieeior Acquisition - k erT e /2' F3 k " series.Tier Woods golf balls, $405.564 '' i r `' -"-4 ier CARD TABLE. $13. Tiger(239) 9 Sin to reuleo toICo,potation-HatcO9.1 reserve d--:---- - d ifirog:%: 'J '"e Foot stool, green upholstery. $25. 239 565.9525 Sm tatontyRentafConnruction FHpOSelArideand .0 F _ .. - x-' �r✓;,,.,3.-,�,s !r'' g ry• HOME etoal;on w .-�i. wood legs.$15.239-514-2720 Call Classified Total tioo0,txro LeT. m•T- ^'�'4:.r..e-- »a s... `da: ., -.r-�,.. $1w,ot9 CD STORAGE TOWER 877-263-6047 pms5g40,2y Solutions 11.20 22ndsIin allocation) (FY2013Q014 allocation of 5132,640 CREAM$25 Plus The,S27 from FYbused INon n nd Chili re 239-389.6572 Faell Set MOXtIi POWER- Operatllotrtai for Abused Women and Children-Shelter ' $ 39,792 • Real ,t� g MAX w/calloway bag,golf St.Matthews House•shelteroperations $ 39792 I +r�F 611 Sale 'f ' Fie..bird Sculptures, clubs.$175 239-692-9198 CatholicCharbies-Homeless Prevention and Case j (6)wood/driftwood by Charles 2 Ladies wetsuits size Management f 92,335• j � ,t i� $222.00 ESG HHVS Administration 1 Towne$125 ea.902-759-4596 8; 6mm jacket/hood, $35; Total 1 le1,857� w 4 LIVING till TABLES O'Neil 3 mm;$20. 248-2213 TOTAL 1or ell projects 14,661,380 1 Three line ad for 30 days print Naples Daily $150:takes all,Remodeling. LIFE FITNESS EWES)! Funding for them j (239)297-9343 on Marco Excellent condition,3yrs.old. above will ut)bae unspent/unallocated fonds identified rise HUD CMG,(1)in table 1 News&The Daily News&all community PATIO SET EXC COND.TA- 3 treadmills, 2 Ellipticals & 2 previousfund'iegyaxsfromPY2003-2004 dnough FY2012-2013. , BLE W/4 CHAIRS/CUSHIONS. Recumbent Bikes! Great for papers;30 days on Naplesnews.com 5135.239-273.6747. personal trainer or home During the to the Hearing p August 13,2073,three supplemental funds will of P P Y P vhelsubtan la the identified rthert progr.The Wit serve as the advertisement for ).__....____._...._____....__.____.._.-_..___..._...___......__.._.__._ Plant shelf,irolq gym 1234-213-8685 for details the subst>nllal amenamenu for the re-programmed proied6 verdigris, lovely, 50 h x 20 w, Matthews Sew LX& Public Comment Period - ufver.All acccessories,13 or- Tie two use.puaac<ommDot period atom July 19 to August 14,2013 regarding p "''`'*'.� '"� - '= $40.,(239)860-2983 9 lire Year Acton plan. During the pond,the draft Plan writ be available(or I,t 3 t f Ar /; a` r-" a tows.$380. 239-537.6657 view u Count blic 1 Manes,at the Public Information Desk M the Her r. f i - ,ti'-'�`. PORTABLE AIR TANG{ Human in or,Snrecolra Colony Government Main Campus,In the Housing. 3r�. -" '1.c -' t Taylor Made alien's ,� iL c y r -:,*% 5- r 7 GAL$501060 Buman 8 Veteran 1,Naps Department d I locate, at ra 9 E site at T 'a' h f E r 9,t.f s r ., , l 7 : 239-370-7354 Burner Driver, 6 ono,old, $BO Building H,suite 211,loopier F a34t17,rid the eWlier coon web site at vwvsv 4 r,E, �• a (new$269),239)-352-6016 (oilier gov net The document arabin it a tore,t accessible to pens.with ,ply ' a 3fi,1 1 r P ii y L 'If l" -,Per-,,,,,,,f1 P.... R7/Befri ¢rioter Vent disabilities upon request(2392522901).All commems(received through the HHVS TC$TAL GYM XLS ofike,dine mittens.by telephone,via email,.regular mil a in person)t w ,....,48-P--..4-,. x- waref, 0(23) with hard- Action at be considered in wecaring the final comments Plan one Year 1_al L L y ,%`p� +p.I.W M 1. ware, $20,(239)825.9826 - NEW$800 ORO. Action plan FY 2013-2014. HHVS will respond to all commenH'n writing with- 15 - +' �' -�-c>t✓' CALL 239-793-8903, days of receipt.Collier County o an Emu Oppaludy Employer. a at a i61 r v 0 i'ao m t 618 SAFE FinEPROOF �l_•- , r !d6 te' • • FILE SIZE,$35. WAGEMS fall size, Collier County with the Fair Housing An 142 USX.3600,or seq)and ` / - - .3s,.rs�.x'i �r:x. 239-643-1975 medium Cabelias$75:or best County him Housing ordinance 929. • _ Used 1x (239)394-7529 NemSt P • Policy:Naples Daily News reserves the right to correctly TOTES,Rubbermaid - Two public meetings wit be held to take input on rho draft Action Plan.The two classify and edit all copy or to reject or cancel any Roughneck. 18 & 31 gal cap. F.DVID'=t.STEREO-..-. +�= umo rneelinngg it be held on Tuesday,July 9D,2013 from 300 p.m.to sou pm.at advertisement at any time,All ads placed by phone are Various 1.z.$4&$8,304.7526 p kale¢Library located at 417 N.First Sheet tmmokalee,FL 34142.The second y P P 8 25 deserted E.Ps(33 1/3) Public meeting will be held on Tuesday,August 6,2011 from 3:00 p.m.to 5:00 p.m. read back to the advertiser at the time of placement; 2 t,"9dler Tanks Rudd Sony digital' amp; Optenica . at the Golden Gate Library looted al 7412 Lucerne Road.Naples,FL 34116, e-mail verification provided to advertisers who provide 50 gallons;asking$50.each player$95/all. 239-592-7697 Final Action e-mail addresses. Only standard abbreviations are. 239-455.9478 Adoption of the one Year Anion Plan(FY 2013-2014)is scheduled for Tuesday accepted. ads are pre-paid unless prior credit ®TNEX 21"LED TV • August 13,2013 at an absentia meeting and wi0 be formally ratified by the Bawd P P P P WII GAME SYSTEM W/DVD player. Perfect work- of county Commissioners at a regidady scheduled meeting.This provides the approval is established. wii Play&2 games,new still inq condition-$75. 260-1288 bitty to meet HUD dead6nes for the Anon Plan submittal on August 15,2013. . in box. ;99.239-261.4609 The,Action Plan may be amended after anis time,should the need 4 rise.H you COTTections: Please check your ad for errors on the Ivc 22a,Tv colder quire special'add on service as addressed In the Amerkam with Disabilities Ad or first day roamer to translate or-sign please contact the Waning_ Humana y it appears.Naples News Media Group will not Wine rd6k, bottles, - model) works web- Ideal for veteran bootie.oifxe at 1239)2054663,no later than two(2)days prior to the be responsible for incorrect ads after the first day of iron, holds 43 bottles, $65 games of personal use $30. ub-c hearing date. For additional ifommation comae Ery solo Mcxue,t at(239) 080.239-598-2224 Call 353-0138 after 9am. 757-75664 or EllyMCKuen0Colliergov.net publication, lei&tf 2013 1998194 • '4L'Ajncil 2-0/3 ?Ail „,.... • Packet Page-2024- 9/10/2013 16.F.1 . COWER COUNTY,FLORIDA ` �1) HUD Action Plan FY 2013-2014 And Public Meeting Notice Citizen Participation Announcement Notice is hereby given that the Collier County Housing,Human and Veteran Services Department will meet with the general public on Tuesday,July 30,2013 at 3:00 p.m.at the Immokalee Public Library located at 417 N.First Street,Immokalee FL. During FY 2013-2014 Collier County Is scheduled to receive federal funds from the U.S.Department of Housing and Urban Development(HUD)Community Develop- ment Block Grant(CDBG) funds, HOME Investment Partnerships Program(HOME) funds and Emergency Solutions Grant(ESG)funds.The purpose of the meeting is to provide an overview of the Collier County Annual Action Plan and the discussion of proposed projects. All interested parties are invited to attend,register to speak and to submit their ob- jections,if any,to staff.Any objections will be addressed within fifteen(15)days from the date of receipt. Anyone who requires an auxiliary aid or service for effective communication,or other reasonable accommodations in order to participate in this proceeding,should contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East,Naples,Florida 34112,or 239-252-8380 as soon as possible,but no later than 48 hours before the scheduled event.Such reasonable accommodations will be provided at no cost to the individual.Collier County is an Equal Opportunity Employer.Collier County complies with the Fair Housing Act(42 U.S.C.3600,et.seq.)and County Fair Housing Ordinance 92-9. A copy of the Draft Annual Action Plan is available for review at the Immokalee Public Library,417 N.First Street,Immokalee,FL.It is also available for review on the Collier County website at www.colliergov.net. For more information,call Elly Soto McKuen,Operations Analyst at(239)252-2664. Condado de Collier,Estado de Florida Plan de Action del ant fiscal 2013-2014 del Departamento de Vivienda y Desarrollo Urbano(HUD) y Aviso de Reunion Publica Anuncio Para Participation del Ciudadano Noticia Publica: El Departamento de Vivienda,Servicios Humanos y Veterans se reuniran con el publico en general el Mertes,30 de julio 2013 a las 3:00 pm en la Biblioteca Publica de Immokalee,ubicada en 417 N.First Street,Immokalee FL. Durante el ano fiscal 2013-2014,el Condado de Collier esta programado a recibir fondos federates del Departamento de Vivienda y Desarrollo Urbano(HUD)EE.UU. pars el programa de Desarrollo de la Comunidad(CDBG);el programa de Asociacifn pare lnversiones en Vivienda(HOME)y el programa de Solutions Para Ref ugios de Ernergencia (ESG).El propOsito de la reunion es proporcionar una vision general del Plan de Accibn Anual del Condado de Colliery la discusion de los proyectos propuestos. Se invite a todos los interesados a asistir, registrarse pars hablar y presenter sus abjeciones, si las hubiere, al personal del Condado. Cualquier objecion se abordara dentro de los quince (15) dies a partir de la fecha de reception. Cualquier persona que necesita una ayude o servicio auxiliar pars comunicacion efectiva,y otros ajustes razonables pars poder participar en este procedimiento, debe comunicarse con el Departamento de AdministraciOn del Condado de Collier Instalaciones ubicado en 3335 Tamiami Trail East,Naples,Florida 34112,o)lamar el 239- 252-8380 lo antes posible,pero a Inds tardar 48 horas antes del evento programado. Tales adaptaciones razonables reran proporcionadas sin costo alguno pare el individuo.El Condado de Collier es un agenda que ofrece igualdad de oportunidedes de empleo. El Condado de Collier cumpie con la Ley de Vivienda Juste (42 USC 3600,et.Ss.)y con la Ordenanza 492-9 de Collier,con referenda a Vivienda Juste. Una copia del Plan de Action Anual este disponible pars su consulta en la Biblioteca POblica de Immokalee, 417 N. First Street, Immokalee, FL. El Plan tambien esta disponible pare su revision en el sitio web del Condado de Collier en www.colliergov. net Para obtener mat information,(lame a Elly Soto McKuen,Analista de Operaciones al (239)252-2664 july 29.2013 No.231226773 Packet Page -2025- 9/10/2013 16.F.1 . RA 5 2 o ro D F\ ) el (P -11 -: E - o = � e I CT O 41 C n 5. z -.7. tp n H w m w ® -o w c 0 IV 10 imy' s 99 b N o < s� 1 "3 ‹. R III �„ UJ �.i , ! m .► 8 Agek Packet Page -2026- 9/10/2013 16.F.1 . C`. r LAt CI -+ rn ® ® -3 r N° "C9 0 s, 0 C ( "°'. C i U ' 17 0 H �' n•H GI C Z C LO H -F -1- T Z ®. C to 3 = m �, Q_ � 4 = co ° ® -5 0" M O < U) 3 N Packet Page-2027- f. 9/10/2013 16.F.1 . FY2013-2014 Change Sheet from Draft to Final Action Plan August 13, 2013 Page# Changes 1 HUD Notice dated 5/30/13 amended HOME allocation from$474,095 to$474,031 1 Clarified City of Naples entitlement portion as part of the total amount of CDBG entitlement funds. 2, 26, Project Project Description for Goodwill Industries now reads, in part, "three cla:z e.5 four(4) courses". Info Sheet 2, 26, Project Project description for Salvation Army now reads"Partial funding for land acquisition and Info Sheet environmental review along Estcy Avenue for eventual construction of for a new Youth Center." 3, 24, Project Project description for Big Cypress Housing Corporation (CDBG) now reads: "Fund land Info Sheet acquisition, cn mental rcvicw and site improvements for the Hatchers Preserve Development in Immokalee in order to construct affordable single family rental homes." 3, 25, Project Project description for Community Assisted and Supportive Living now reads: "Fund{partial} Info Sheet building acquisition, environmental review and rehabilitation and environmental review ofeae duplex multi-family housing to house persons with disabilities." 3, Project Info Habitat For Humanity project funding amount reduced to$353,440 to balance funds available Sheet 3, Project Info Per revised allotment, HOME Administrative costs adjusted to$47,403. Sheet 4 Catholic Charities allocation split is shown between current and prior year funding. 16 Project cost for Pedestrian Crossing Improvements corrected to$30,959 and the TBD project cost corrected to $49,500. 18 Deleted paragraph referencing review by Affordable Housing Advisory Committee 22 Answered question#4 to read: "HHVS did not receive any comments regarding the Action Plan and did not turn away any comments." Project Info United Cerebral Palsy-Changes number of persons served from 55 to 28 Sheet Project Info Habitat for Humanity- Down Payment Assistance-Changes project name to Acquisition. Sheet Project Info HHVS Planning and Administration (20%) corrected to$418,461 Sheet, Citizen Participation Announcement Packet Page -2028- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve the Department of Homeland Security (DHS) Grant Agreement 13DS-97-09-21-01-xx and other required award documents in the amount of$14,200 for Emergency Management training. OBJECTIVE: To enhance emergency management and preparedness training efforts within Collier County. CONSIDERATION: The Emergency Management Department received an Award Notice, dated January 9, 2013, that the Federal Government has available and awarded funds in the amount of$14,200 for training purposes through the Department of Homeland Security and the Florida Division of Emergency Management. Staff withheld action on this grant execution to get clarification from the State regarding its annual training goals and objectives with which Collier County strives to be consistent. The remaining nine months in the grant term provides ample time to conduct training that will be consistent with the State's recommended initiatives. Once fully executed, the contract number on the Federally- Funded Subgrant Agreement will be completed by the State. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board,the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: A budget amendment will be brought forth in a separate action to recognize revenue in the amount of$14,200 to Fund 713 (County Manager Agency Grants), Project#33284 for FY 13. No matching funds are required. LEGAL CONSIDERATIONS: The Federally Funded Subgrant Agreement is a standard document. It allows the State to terminate for cause or convenience. It allows the County to terminate for convenience only with State approval. This item is approved for form and legality and requires a majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairwoman to sign Grant Agreement 13DS-97-09-21-01-xx and other documents required to accept $14,200.00 from the Florida Division of Emergency Management for emergency management training. Prepared by: Dan E. Summers,Director, Bureau of Emergency Services Packet Page-2029- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve the Department of Homeland Security (DHS) Grant Agreement 13DS-97-09-21-01-xx and other award documents required in the amount of$14,200 for Emergency Management training. Meeting Date: 8/13/2013 Prepared By Name: BoniChristine Title: Administrative Assistant, Senior, 7/23/2013 10:51:17 AM Submitted by Title: Administrative Assistant, Senior, Name: BoniChristine 7/23/2013 10:51:18 AM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 7/23/2013 11:01:33 AM Name: SummersDan Title: Director-Bureau of Emergency Services, Date: 7/23/2013 3:50:57 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/24/2013 9:24:34 AM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 8/5/2013 10:12:36 AM Packet Page-2030- 9/10/2013 16.F.1 . Name: PriceLen Title: Administrator, Administrative Services Date: 8/6/2013 2:25:52 PM Name: BelpedioJennifer Title:Assistant County Attorney,County Attorney Date: 8/13/2013 9:35:54 AM Name: KlatzkowJeff Title: County Attorney Date: 8/13/2013 2:52:32 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/14/2013 9:31:58 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Manag Date: 8/16/2013 8:52:10 AM Name: KlatzkowJeff Title: County Attorney Date: 8/19/2013 10:40:10 AM Name: OchsLeo Title: County Manager Date: 8/19/2013 12:16:53 PM Packet Page-2031- 9/10/2013 16.F.1 . Contract Number: 13DS-97-09-21-01- CFDA#97.067 FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida,Division of Emergency Management,with headquarters in Tallahassee,Florida(hereinafter referred to as the"Division"),and Collier County Emergency Management,(hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein;and B. The Division has received these grant funds from the State of Florida,and has the authority to subgrant these funds to the Recipient upon the terms and conditions below;and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE,the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS,RULES,REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws,rules and regulations,including those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or October 1,2012,whichever is later,and shall end April 30,2014,unless terminated earlier in accordance with the provisions of Paragraph(12)of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing,signed by each of the parties,and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable,Recipient's performance under this Agreement shall be subject to the federal OMB Circular No.A-102,"Common Rule: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"(53 Federal Register 8034)or OMB Circular No.A-110,"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,and Other Nonprofit Organizations,"and either OMB Circular No.A-87,"Cost Principles for State,Local and Indian 1 Packet Page -2032- 9/10/2013 16.F.1 . Tribal Governments,"OMB Circular No.A-21,"Cost Principles for Educational Institutions,"or OMB Circular No. A-122,"Cost Principles for Non-profit Organizations." (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement,and the compliance of all subcontractors or consultants paid from funds under this Agreement,for a period of five years from the date the audit report is issued,and shall allow the Division or its designee,the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued,unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation,claim or audit is started before the five year period expires,and extends beyond the five year period,the records shall be retained until all litigation,claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at$5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement,including documentation of all program costs,in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work- Attachment A-and all other applicable laws and regulations. (d) The Recipient,its employees or agents,including all subcontractors or consultants to be paid from funds provided under this Agreement,shall allow access to its records at reasonable times to the Division,its employees,and agents. "Reasonable"shall ordinarily mean during normal business hours of 8:00 a.m.to 5:00 p.m., local time,on Monday through Friday. "Agents"shall include,but not be limited to,auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents,in accordance with generally accepted accounting principles,to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection,review,or audit by state personnel and other personnel authorized by the Division. "Reasonable"shall ordinarily mean normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday. (c) The Recipient shall provide the Division with the records,reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised,and in the event that the Recipient expends$500,000 or more in Federal awards in its 2 Packet Page -2033- 9/10/2013 16.F.1 . fiscal year,the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year,the Recipient shall consider all sources of Federal awards,including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6(d)above,the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. If the Recipient expends less than$500,000 in Federal awards in its fiscal year,an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,is not required. In the event that the Recipient expends less than$500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must be paid from non- Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A- 133,as revised,and required by subparagraph(d)above,when required by Section.320(d),OMB Circular A-133, as revised,by or on behalf of the Recipient to: The Division at the following address: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at http://harvester.census.gov/fac/collect/ddeindex.html and to any other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB Circular A-133,as revised. (f) Pursuant to Section.320(f), OMB Circular A-133,as revised,the Recipient shall send a copy of the reporting package described in Section.320(c), OMB Circular A-133,as revised,and any management letter issued by the auditor,to the Division at the following address: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,Florida Statutes,and 3 Packet Page -2034- 9/10/2013 16.F.1 . Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A- 133 or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement,the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA),either a certified public accountant or a public accountant licensed under Chapter 473,Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement,in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31,June 30,September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement,whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,the Division may withhold further payments until they are completed or may take other action as stated in Paragraph(11)REMEDIES. "Acceptable to the Division"means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information. (8) MONITORING. The Recipient shall monitor its performance under this Agreement,as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and 4 Packet Page -2035- 9/10/2013 16.F.1 . other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement,and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph(6)above,monitoring procedures may include,but not be limited to,on-site visits by Division staff,limited scope audits,and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,reviews,investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition,the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision,as defined in Section 768.28,Fla. Stat.,and the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement,and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement,Recipient agrees that it is not an employee or agent of the Division,but is an independent contractor. (b) Any Recipient which is a state agency or subdivision,as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Antw Division,and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28,Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur("Events of Default"),all obligations on the part of the Division to make further payment of funds shall,if the Division elects,terminate and the Division has the option to exercise any of its remedies set forth in Paragraph(11). However,the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies,and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect,or if the Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. 5 Packet Page-2036- 9/10/2013 16.F.1 . (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect,incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs,then the Division may,after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days,exercise any one or more of the following remedies,either concurrently or consecutively: (a) Terminate this Agreement,provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States,first class mail, postage prepaid,by registered or certified mail-return receipt requested,to the address in paragraph(13)herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws,rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions,to include but not be limited to: 1. Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. Advise the Recipient to suspend,discontinue or refrain from incurring costs for any activities in question or 4.Require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient,it will not affect,extend or waive any other right or remedy of the Division,or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds,fraud,lack of compliance with applicable rules,laws and regulations,failure to perform on time,and refusal by the Recipient to permit public access to any document,paper,letter,or other material subject to disclosure under Chapter 119,Fla. Stat.,as amended. 6 Packet Page-2037- 9/10/2013 16.F.1 . (b) The Division may terminate this Agreement for convenience or when it determines,in its sole *= discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds,by providing the Recipient with thirty calendar day's prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated,the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may,to the extent authorized by law,withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing,either by hand delivery,or first class,certified mail,return receipt requested,to the representative named below,at the address below,and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Carolyn Washington,Community Assistance Consultant EOG/Division of Emergency Management deft Directors Office,Domestic Security Preparedness Telephone:(850)410-1271 Fax:(850)922-8689 Email: Carolyn.washingtorra'em.invflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan E. Summers Collier County Emergency Management 8075 Lely Cultural Pkwy, Suite 445 Naples,FL 34113 239-252-3621 dansutntners i content-0\.net Also copy: christineboni @colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement,notice of the name,title and address of the new representative will be provided as outlined in(13)(a)above. 7 Packet Page-2038- 9/10/2013 16.F.1 . (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement,a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement,(ii) the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract,the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise,as defined in Section 288.703,Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 -Funding Sources Attachment A—Budget and Scope of Work Attachment B—Program Statutes,Regulations and Special Conditions Attachment C—Justification of Advances Attachment D—Warranties and Representations Attachment E—Certification Regarding Debarment Attachment F—Statement of Assurances Attachment G—Reimbursement Checklist (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed$14.200,subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16),Fla.Stat.,and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph(12)(b)of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3)months of the contract term. For a federally funded contract,any advance payment is also subject to federal OMB Circulars A-87,A-110,A-122 and the Cash Management Improvement Act of 1990. All advances are required to be held in an interest-bearing account. If an advance payment is requested,the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment 8 Packet Page-2039- 9/10/2013 16.F.1 . C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the of a request for advanced payment. (c) After the initial advance,if any,payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,Attachment A of this Agreement. (d) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that"all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts." The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty(60)days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting,the State Chief Financial Officer or under subparagraph (19)(h)of this Agreement,all obligations on the part of the Division to make any further payment of funds shall terminate,and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. , (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management"and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2),Fla. Stat.,if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of$15.00 or 5%of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations,and materials submitted or provided by the Recipient in this Agreement,in any later submission or response to a Division request,or in any submission or response to fulfill the requirements of this Agreement. All of said information,representations,and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall,at the option of the Division and with thirty days written notice to the Recipient,cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. . 9 Packet Page -2040- 9/10/2013 16.F.1 . (b) This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule,or is unenforceable,then the provision shall be null and void to the extent of the conflict,and shall be severable,but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101- 336,42 U.S.C. Section 12101 et seq.),which prohibits discrimination by public and private entities on the basis of disability in employment,public accommodations,transportation,State and local government services,and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency,and which receives funds under this Agreement from the federal government,certifies,to the best of its knowledge and belief,that it and its principals: 1. are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by a federal department or agency; 2. have not,within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state or local)transaction or contract under public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission of any offenses enumerated in paragraph 19(g)2.of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions(federal,state or local)terminated for cause or default. 10 Packet Page-2041- 9/10/2013 16.F.1 . If the Recipient is unable to certify to any of the statements in this certification,then the Recipient shall attach an explanation to this Agreement. In addition,the Recipient shall send to the Division(by email or by facsimile transmission)the completed"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion" (Attachment E)for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modification in accordance with Chapter 216, Fla. Stat.or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents,papers,letters or other material subject to the provisions of Chapter 119,Fla. Stat.,which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e)of the NA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011, Fla. Stat.)with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed,open to the public,and the minutes of all the meetings shall be public records,available to the public in accordance with Chapter 119,Fla. Stat. (o) All unmanufactured and manufactured articles,materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. daktit 11 Packet Page -2042- 9/10/2013 16.F.1 . (b) The Recipient certifies,by its signature to this Agreement,that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient,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 Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 3. The Recipient shall require that this certification be included in the award documents for all subawards(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. (21) COPYRIGHT,PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright,the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement,or in any way connected with it,the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name.Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books,manuals,films,or other copyrightable material are produced,the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. 12 Packet Page-2043- 9/10/2013 16.F.1 . (c) Within thirty days of execution of this Agreement,the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then,under Paragraph(b),have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that it's governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. IN WITNESS WHEREOF,the parties hereto have executed this Agreement. Recipient: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By oisub Leo E Ochs,Jr.,County Manager for Georgia A. Hiller,Esq.,Chairwoman Date: FEID#59-60000558 ATTEST: DWIGHT E. BROOK,CLERK APPROVED AS TO FORM AND LEGALITY BY: Deputy Clerk Assistant County A orney STATE OF FLORIDA. DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Bryan Koon,Director Date: 13 Packet Page-2044- 9/10/2013 16.F.1 . EXHIBIT—1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: NOTE:If the resources awarded to the Recipient are from more than one Federal program,provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency: Department of Homeland Security-State Homeland Security Grant Progam(SHSGP) Catalog of Federal Domestic Assistance title and number:97.067 Award amount: $14,200 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE:If the resources awarded to the Recipient represent more than one Federal program,list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 2. First applicable compliance requirement(e.g.,what activities/services/purposes the federal resources must be used for):_Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security,Federal Emergency Management Agency,National Preparedness Directorate Fiscal Year 2012-13 State Homeland Security Grant Program(SHSGP), consistent with the Department of Homeland Security State Strategy. 2. Second applicable compliance requirement(e.g., eligibility requirements for recipients of the resources: Recipient is subject to all administrative and financial requirements as set forth in this Agreement,or will be in violation of the terms of the Agreement. NOTE:Section.400(d)of OMB Circular A-133,as revised,and Section 215.97(5)(a),Florida Statutes,require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. 14 Packet Page-2045- 9/10/2013 16.F.1 . Attachment A Budget and Scope of Work Proposed Program Budget 4- Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the 4- "Proposed Program Budget"as a guide for completing the"Budget Detail Worksheet"below. The equipment category will require a"Detailed Budget Worksheet"including the proposed equipment to be purchased and the corresponding Authorized Equipment List(AEL)reference number.The AEL can be found at tivww.rkb.us. The transfer of funds between the categories listed in the"Proposed Program Budget"is permitted. However,the transfer of funds between Issues is strictly prohibited. At the discretion of the Recipient,funds allocated to Management and Administration costs(as described in the"Proposed Program Budget")may be put towards Programmatic costs instead. However,no more than 3%of each Recipients'total award may be expended on Management and Administration costs. Training $14,200.00 FY 2012-State Homel—nd Security Collier County Grant Program—Issue 11 Management and Administration (the dollar amount which corresponds to 3%of the total local agency allocation is shown in the column on the right). 451* `iii 04 �t i rid y Ry r , ,�5.,.,�i v:, ; ! i 15 Packet Page-2046- 9/10/2013 16.F.1 . Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet,to the Division,which accounts for the total award as described in the "Proposed Program Budget". If any changes need to be made to the"Budget Detail Worksheet",after the execution of this agreement,contact the grant manager listed in this agreement via email or letter. FY2012 Collier Co Issue 11 Budget Detail Worksheet-Eligible Activities Developing,Delivering,and Evaluating Training Overtime and backfill for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes. Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences Activities to achieve training inclusive of people with disabilities Full or Part-Time Staff or Contractors/Consultants 1+1 9,200+3,000 $12,200 11 Certification/Recertification of Instructors Travel 1 1,500 $1,500 11 Supplies 1 500 $500 11 Tuition for higher education Other items A complete list of FEMA approved courses may be found at www.olp.usdot gov'FEMA docsTligihle Federal C ourses.pdf Eligible Management and Administration Costs Quantity Unit Cost Total Cost Issue Number Hiring of full-time or part-time staff or contractors/consultants: 4- To assist with the management of the respective grant program d. 4- To assist with application requirements of the grant program "i. To assist with the compliancy with reporting and data collection as it may relate to the grant program Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls. Costs associate with achieving emergency management that is inclusive of the access and functional needs of workers and citizens with disabilities. 16 Packet Page -2047- 9/10/2013 16.F.1 . Overtime and backfill costs—Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA—approved activities.Backfill Costs also called"Overtime as Backfill"are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA—approved activities outside their core responsibilities.Neither overtime nor backfill expenses are the result of an increase of Full—Time Equivalent(FI Es)employees.These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s)of local government and has the approval of the state or the awarding agency,whichever is applicable.In no case is dual compensation allowable.That is,an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e.g.,1:00 pm to 5:00 pm),even though such work may benefit both activities.Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act(FICA),Workers'Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses(For a complete list of allowable meeting-related expenses,please review the OJP Financial Guide at http://www.uip.usdoj.gov/FinGuide). Acquisition of authorized office equipment,including personal computers, laptop computers,printers,LCD projectors,and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the contract period: Recurring fees/charges associated with certain equipment,such as cell phones,faxes,etc. Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. TOTAL $14,200 17 Packet Page -2048- 9/10/2013 16.F.1 . B. Scope of Work Funding is provided to perform eligible activities as identified in the Domestic Homeland Security—Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2012 State Homeland Security Grant Program(SHSGP),consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: Issue and Project Description Issue 11—Local Planning,Training and Exercise: This project will allow counties to execute a training plan that will test the knowledge,skills and abilities of personnel,organizations and the public/private partnerships and ensure that personnel involved in Emergency Operation Center operations/on-site incident management have and continue to receive appropriate training to fulfill their role as required by the National Response Framework. II. Categories and Eligible Activities FY2012 allowable costs are divided into the following categories:planning,training,exercises,management and administration cost are allowable cost. Each category's allowable costs have been listed in the"Budget Detail Worksheet"above. A. Planning Developing hazard/threat-specific annexes that incorporate the range of prevention,protection,response,and recovery activities. Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: • Implementing the National Preparedness Guidelines(NPG)and the Whole community approach to Security and Emergency Management • Pre-event recovery planning • Implementing the National Infrastructure Protection Plan(NIPP)and associated Sector Specific Plans • Enhancing and implementing Statewide Communication Interoperability Plans(SCIP)and Tactical Interoperable Communications Plans(TICP)that align with the goals,objectives,and initiatives of the National Emergency Communications Plan(NECP) • Costs associated with the adoption,implementation,and adherence to NIMS compliance requirements,including implementing the NIMS National Credentialing Framework • Modifying existing incident management and EOPs to ensure proper alignment with the National Response Framework (NRF)coordinating structures,processes,and protocols • Establishing or enhancing mutual aid agreements • Developing communications and interoperability protocols and solutions • Conducting local,regional,and tribal program implementation meetings • Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS Integration Center(NIC) • Designing State and local geospatial data systems • Developing and conducting public education and outreach campaigns,including promoting individual,family,and organizational emergency preparedness;alerts and warnings education;promoting training,exercise,and volunteer opportunities;informing the public about emergency plans,evacuation routes as well as CBRNE prevention awareness • Designing programs to address targeting at-risk populations and engaging them in emergency management planning efforts • Activities,materials,service,tools and equipment to achieve planning,protection,mitigation,response and recovery that is inclusive of people with disabilities(physical,programmatic and communications access for people with physical,sensory, mental health,intellectual and cognitive disabilities) • Preparing materials for State Preparedness Reports(SPRs) • WHTI implementation activities including the issuance of WHTI-compliant tribal identification cards Developing related terrorism prevention activities including: • Developing THIRA that reflects a representative make up and composition of jurisdiction • Developing initiatives that directly support local efforts to understand,recognize,prepare for,prevent,mitigate,and respond to pre-operational activity and other crimes that are precursors or indicators of terrorist activity,in accordance with civil rights/civil liberties protections • Developing law enforcement prevention activities,to include establishing and/or enhancing a fusion center • Hiring an IT specialist to plan,develop,and implement the IT applications necessary for a fusion center • Developing and planning for information/intelligence sharing groups • Integrating and coordinating fire service,emergency management,public health care,public safety,and health security data-gathering(threats to human and animal health)within State and Major Urban Area fusion centers to achieve early warning and mitigation of health events • Integrating and coordinating private sector participation with fusion center activities 18 Packet Page-2049- 9/10/2013 16.F.1 . • Acquiring systems allowing connectivity to State,local,tribal,territorial,and Federal data networks,such as the National Crime Information Center(NCIC)and Integrated Automated Fingerprint Identification System(IAFIS),as appropriate • Planning to enhance security during heightened alerts,terrorist incidents,and/or during mitigation and recovery • Multi-discipline preparation across first responder community,including EMS for response to catastrophic events and acts of terrorism • Accessible public information/education:printed and electronic materials,public service announcements,seminars/town hall meetings,and web postings coordinated through local Citizen Corps Councils or their equivalent • Conducting public education campaigns including promoting suspicious activity reporting and preparedness;individual, family,and organizational emergency preparedness;promoting the Ready campaign;and/or creating State,regional,or local emergency preparedness efforts that build upon the Ready campaign • Evaluating Critical Infrastructure Protection(CIP)security equipment and/or personnel requirements to protect and secure sites • CIP cost assessments,including resources(e.g.,financial,personnel)required for security enhancements/deployments • Multi-Jurisdiction Bombing Prevention Plans(MJBPP) • Underwater Terrorist Protection Plans Developing and enhancing plans and protocols,including but not limited to: • Community-based planning to advance"whole community"security and emergency management • Incorporating govemment/non-governmental collaboration,citizen preparedness,and volunteer participation into State and local government homeland strategies,policies,guidance,plans,and evaluations • Developing,enhancing,maintaining a current EOP that conforms to the guidelines outlined in the CPG 101 v.2 • Developing or enhancing local,regional,or Statewide strategic or tactical interoperable emergency communications plans • Activities associated with a conversion from wideband to narrowband voice channels to support interoperability • Implementing Statewide Communications Interoperability Plan(SCIP)and Tactical Interoperable Communications Plans (TICPs)that align with the goals,objectives,and initiatives of the National Emergency Communications Plan(NECP) • Developing protocols or standard operating procedures for specialized teams to incorporate the use of equipment acquired through this grant program • Developing terrorism prevention/protection plans • Developing plans,procedures,and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies • Developing plans for mass evacuation and pre-positioning equipment • Developing or enhancing plans for responding to mass casualty incidents caused by any hazards • Developing or enhancing applicable procedures and operational guides to implement the response actions within the local AiNatte plan including patient tracking that addresses identifying and tracking children,access and functional needs population, and the elderly and keeping families intact where possible • Developing or enhancing border security plans • Developing or enhancing cyber security and risk mitigation plans • Developing or enhancing secondary health screening protocols at major points of entry(e.g.,air,rail,port) • Developing or enhancing cyber risk mitigation plans • Developing or enhancing agriculture/food security risk mitigation,response,and recovery plans • Developing public/private sector partnership emergency response,assessment,and resource sharing plans • Developing or enhancing plans to engage and interface with,and to increase the capacity of,private sector/non- governmental entities working to meet the human service response and recovery needs of survivors • Developing or updating local or regional communications plans • Developing plans to support and assist jurisdictions,such as port authorities and rail and mass transit agencies • Developing or enhancing continuity of operations and continuity of government plans • Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRF • Developing plans and response procedures for validating and responding to an alarm from a chemical or biological detector (response procedures should include emergency response procedures integrating local first responders) • Developing or enhancing evacuation plans • Developing mechanisms for utilizing the National Emergency Family Registry and Locator System(NEFRLS) • Developing or enhancing plans to prepare for surge capacity of volunteers • Developing or enhancing the State emergency medical services systems • Developing or enhancing plans for donations and volunteer management and the engagement/integration of private sector/non-governmental entities in preparedness,response,and recovery activities • Developing or enhancing Bombing Prevention Plans • Developing school preparedness plans • Developing preparedness plans for child congregate care facilities,including group residential facilities,juvenile detention facilities,and public/private child care facilities • Ensuring jurisdiction EOPs adequately address warnings,emergency public information,evacuation,sheltering,mass care, resource management from non-governmental sources,unaffiliated volunteer and donations management,and volunteer resource integration to support each Emergency Support Function,to include appropriate considerations for integrating activities,materials,services,tools and equipment to achieve planning inclusive of people with disabilities(physical, Amok 19 Packet Page -2050- 9/10/2013 16.F.1 . programmatic and communications access for people with physical,sensory,mental health,intellectual and cognitive disabilities). Developing and implementing civil rights,civil liberties,and privacy policies,procedures,and protocols • Designing and developing State,local,tribal,and territorial geospatial data systems • Developing and implementing statewide electronic patient care reporting systems compliant with the National Emergency Medical Services Information System(NEMSIS) • Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities Developing or conducting assessments,including but not limited to: • Developing pre-event recovery plans • Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans • Conducting or updating interoperable emergency communications capabilities assessments at the local,regional,or Statewide level • Developing,implementing,and reviewing Area Maritime Security Plans for ports,waterways,and coastal areas • Updating and refining threat matrices • Conducting cyber risk and vulnerability assessments • Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources • Conducting Bombing Prevention Capability Analysis • Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines(e.g.,law enforcement,fire,EMS,public health,behavioral health,public works,agriculture, information technology,and citizen preparedness) • Activities that directly support the identification of pre-designated temporary housing sites • Conducting community assessments,surveys,and research of vulnerabilities and resource needs,to determine how to meet needs and build effective and tailored strategies for educating individuals conducting assessments of the extent to which compliance with the integration mandate of disability laws is being achieved • Soft target security planning(e.g.,public gatherings) Identify resources for medical supplies necessary to support children during an emergency,including pharmaceuticals and pediatric-sized equipment on which first responders and medical providers are trained Ensuring subject matter experts,durable medical equipment,consumable medical supplies and other resources required to assist children and adults with disabilities to maintain health,safety and usual level of independence in general population environments Developing and implementing a community preparedness strategy for the State/local jurisdiction Establishing,expanding,and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness strategy for the State/local jurisdiction • Citizen support for emergency responders is critical through year-round volunteer programs and as surge capacity in disaster response,including but not limited to:citizen Corps Affiliate Programs and Organizations,Community Emergency Response Team(CERT),Fire Corps,Medical Reserve Corps(MRC),Neighborhood Watch/UASonWatch,volunteers in Police Service(VIPS),and jurisdiction specific volunteer efforts Establishing and sustaining Citizen Corps Councils or their equivalent Working with youth-serving organizations to develop and sustain a youth preparedness program B. Training Allowable training-related costs include,but are not limited to,the following: • Developing,Delivering,and Evaluating Training—Includes costs related to administering the training,planning, scheduling,facilities,materials and supplies,reproduction of materials,disability accommodations and equipment. Training should provide the opportunity to demonstrate and validate skills learned,as well as to identify any gaps in these skills. Any training gaps,including those for children and individuals with disabilities or access and functional needs is allowable(e.g.,sign language interpreters,communication Access Realtime Translation[CART]and other modifications of policies and practices to fully include participants with disabilities). Stakeholders are also encouraged to leverage existing training provided via educational/professional facilities and to incorporate non- traditional methodologies such as the internet,distance learning,or home study whenever such delivery supports training objectives. Pilot courses and innovative approaches to training citizens and instructors are encouraged. • Training that promotes individual,family,or community safety and preparedness is encouraged,including: all- hazards safety training such as emergency preparedness,basic first aid,life saving skills,crime prevention and 20 Packet Page-2051- 9/10/2013 16.F.1 . terrorism awareness,school preparedness,public health issues,mitigation/property damage prevention,safety in the home,light search and rescue skills,principles of NIMS/ICS,volunteer management and volunteer activities,serving and integrating people with disabilities,pet care preparedness,CPR/AED training,identity theft workshops,terrorism awareness seminars,and disability-inclusive community preparedness conferences. The delivery of the CERT Basic Training Course and supplement training for CERT members who have completed the basic training,the CERT Train-the-Trainer Course,and the CERT Program Manager Course are strongly encouraged. • Overtime and Bacll—The entire amount of overtime costs,including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs,are allowable.These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s)of local government and has the approval of the State or the awarding agency,whichever is applicable.In no case is dual compensation allowable.That is,an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e.g., 1:00 p.m.to 5:00 p.m.), even though such work may benefit both activities. • Travel—Costs(e.g.,airfare,mileage,per diem,hotel)are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part-Time Staff or Contractors/Consultants—Payment of salaries and fringe benefits to full or part-time staff or contractors/consultants must be in accordance with the policies of the State or unit(s)of local government and have the approval of the State or awarding agency,whichever is applicable.Such costs must be included within the funding allowed for program management personnel expenses.In no case is dual compensation allowable. • Certification/Recertification of Instructors—States are encouraged to follow the NTE Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. This information is contained in Information Bulletin#193,issued October 20,2005. Additional information can be obtained at /1.(1>2i,Hi.>+...in,aspvzood tload 1('146. • Other Items—These costs include the rental of equipment and other expenses used specifically for exercises,costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities. Unauthorized training-related costs include: Reimbursement for the maintenance and/or wear and tear costs of general use vehicles(e.g.,construction vehicles)medical supplies,and emergency response apparatus(e.g.,fire trucks,ambulances). Equipment that is purchased for permanent installation and/or use,beyond the scope of exercise conduct(e.g., electronic messaging signs). d The purchase of food is not permissible under this grant,subject to prior approval of the Department of Financial Services,explicitly authorized by 2 CFR,Part 225,Appendix B.While this is an allowable purchase by DHS,please note that FDEM adheres to Florida Statues,which are more stringent than federal guidance. Such expenditures are restricted to the rates specified for Class C meals in Section 112.061,Florida Statutes. C. Exercises Allowable exercise-related costs include: • Funds Used to Design,Develop,Conduct,and Evaluate an Exercise—Includes costs related to planning,meeting space and other meeting costs,facilitation costs,materials and supplies,travel,and documentation.Grantees are encouraged to use government or free public space/locations/facilities,whenever available,prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned,as well as to identify any gaps in these skills. Any exercise or exercise gaps,including those for children and individuals with disabilities or access and functional needs,should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part-Time Staff or Contractors/Consultants—Full or part-time staff may be hired to support exercise-related activities.Such costs must be included within the funding allowed for program management personnel expenses. • The applicant's formal written procurement policy or 44 CFR 13.36—whichever is more stringent—must be followed. • Overtime and Backfill—The entire amount of overtime costs,including payments related to backfilling personnel, which are the direct result of time spent on the design,development,and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s)of local government and has the approval of the State or the awarding agency,whichever is applicable.In no case is dual compensation allowable.That is,an employee of a unit of government may not receive compensation 21 Packet Page-2052- 9/10/2013 16.F.1 . from their unit or agency of government AND from an award for a single period of time(e.g.,1:00 p.m.to 5:00 p.m.),even though such work may benefit both activities. • Travel—Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise project(s)or HSEEP programmatic requirements as described in the HSEEP website(e.g.,Improvement Plan Workshops,Training and Exercise Plan). • Supplies—Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s)(e.g.,copying paper,gloves,tape,non-sterile masks,and disposable protective equipment). • Disability Accommodations—Materials,services,tools and equipment for exercising inclusive of people with disabilities(physical,programmatic and communications access for people with physical sensory,mental health, intellectual and cognitive disabilities). • Other Items—These costs include the rental of equipment and other expenses used specifically for exercises,costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities. Unauthorized exercise-related costs include: 4. Reimbursement for the maintenance and/or wear and tear costs of general use vehicles(e.g.,construction vehicles)medical supplies,and emergency response apparatus(e.g.,fire trucks,ambulances). Equipment that is purchased for permanent installation and/or use,beyond the scope of exercise conduct(e.g., electronic messaging signs). k The purchase of food is not permissible under this grant,subject to prior approval of the Department of Financial Services,explicitly authorized by 2 CFR,Part 225,Appendix B.While this is an allowable purchase by DHS,please note that FDEM adheres to Florida Statues,which are more stringent than federal guidance. Such expenditures are restricted to the rates specified for Class C meals in Section 112.061,Florida Statutes. Exercise Requirements Training and Exercise Plan Workshop. States and Urban Areas are required to conduct an annual Training and Exercise Plan Workshop(TEPW). A Multi-year Training and Exercise Plan must be developed from the workshops on an annual basis and submitted to the States respective Exercise Program point of contact. The State Exercise Program point of contact should submit a copy of the State and Urban Area plans to hseepa;dhs.zay. The Training and Exercise Plan will include the State's prioritized capability requirements and a Multi-Year Training and Exercise Plan(schedule)that supports the identified capabilities. In addition to submission of the Multi-Year Training and Exercise Plan to hs epla:dhs,,gov, all scheduled training and exercises should be entered into the HSEEP National Exercise Scheduling(NEXUS)System,located in the HSEEP Toolkit on the HSEEP website https:/hseep.dhs.<>ov. States must complete a cycle of exercise activities during the period of this grant. Exercises conducted by States and Ur\ban Areas may be used to fulfill similar exercise requirements required by other grants programs. To this end,grantees are encouraged to invite representatives/planners involved with other federally-mandated or private exercise activities. States and Urban areas are encouraged to share,at a minimum,the multi-year training and exercises schedule with those departments, agencies,and organizations included in the plan. • Exercise Scenarios.The scenarios used in HSGP-funded exercises must be based on the State/Urban Area's Homeland Security Strategy and plans.Acceptable scenarios for SHSP and UASI exercises include:chemical, biological,radiological,nuclear,explosive,cyber,agricultural and natural or technological disasters. The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be large enough in scope and size to exercise multiple tasks and warrant involvement from multiple jurisdictions and disciplines and nongovernmental organizations and take into account the needs and requirements for individuals with disabilities. Exercise scenarios should align with objectives and capabilities identified in the Multiyear Training and Exercise Plan. • Special Event Planning.If a State or Urban Area will be hosting a special event(e.g.,Super Bowl,G-8 Summit)the special event planning should be considered as a training or exercise activity for the purpose of the Multi-year Training and Exercise Plan. The State or Urban Area should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues(e.g.,arenas,convention centers)that focus on evacuations,communications,and command and control.States should also anticipate participating in at least one Regional Exercise annually.States must include all confirmed or planned special events in the Multi-year Training and Exercise Plan. 22 Packet Page-2053- 9/10/2013 16.F.1 . • Exercise Evaluation and Improvement.Exercises should evaluate performance of the objectives and capabilities required to respond to the exercise scenario. Guidance related to exercise evaluation and improvement planning is defined in the HSEEP located at https://hssep.dhs.gov. • Self-sustaining Exercise Programs. States are expected to develop a self-sustaining exercise program. A self- sustaining exercise program is one that is successfully able to implement,maintain,and oversee the Multi-Year Training and Exercise Plan,including the development and delivery of HSGP-funded exercises. The program must utilize a multi-disciplinary approach to the development and delivery of exercises,and build upon existing plans, training,and equipment. • Role of Non-Governmental Entities in Exercises.Non-governmental participation in all levels of exercises is strongly encouraged.Leaders from nongovernmental entities should be included in the planning,conduct,and evaluation of an exercise.State,local,tribal,and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non-governmental resources provided by non-governmental entities,defined as the private sector and private non-profit,faith-based,community,volunteer,and other non-governmental organizations. Non-governmental participation in exercises should be coordinated with the local Citizen Corps Council(s)or their equivalent and other partner agencies. The scenarios used in HSGP-funded exercises must focus on validating existing capabilities,must comply with and be large enough in scope and size to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non-govemmental organizations,and take into account the needs and requirements for individuals with disabilities. D. Management and Administration-no more than 3%of each sub-recipient's total award may be expended on Management and Administration costs. Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the respective grant program • To assist with application requirements • To assist with the compliancy with reporting and data collection requirements Development of operating plans for information collection and processing necessary to respond to FEMA data calls Overtime costs-Overtime are allowable for personnel to participate in information,investigative,and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are limited to overtime associated with federally requested participation in eligible fusion activities including anti-terrorism task forces,Joint Terrorism Task Forces(JTTFs),Area Maritime Security Committees(as required by Maritime Transportation Security Act of 2002),DHS Border Enforcement Security Task Forces,and Integrated Border Enforcement Teams. Grant funding can only be used in proportion to the Federal man-hour estimate,and only after funding for these activities from other Federal sources(i.e.FBI JTTF payments to State and local agencies)has been exhausted. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. Operational overtime costs. In support of efforts to enhance capabilities for detecting,deterring,disrupting,and preventing acts of terrorism,operational overtime costs are allowable for increased security measures at critical infrastructure sites. FY 2012 SHSP or IASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructures sites in the following authorized categories: - Backfill and overtime expenses(as defined in FOA)for staffing State or Major Urban Area fusion centers; - Hiring of contracted security for critical infrastructure sites; - Public safety overtime(as defined in FOA) - Title 21 or State Active Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package);and - Increased border security activities in coordination with CPB,as outlined in Information Bulletin 135. FY 2012 SHSP funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEMA Administrator. Travel expenses Meeting-related expenses(For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at htto://w,vw.oip.usdoj.gov/FinGuide). Acquisition of authorized office equipment,including: • Personal computers • Laptop computers • Printers • LCD projectors,and 23 Packet Page-2054- 9/10/2013 16.F.1 . • Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: • Recurring fees/charges associated with certain equipment,such as cell phones,faxes,etc. • Leasing and/or renting of space for newly hired personnel during the period of performance of the grant program E. Unauthorized Expenditures • Activities unrelated to the completion and implementation of the grant program • Otheritems not in accordance with the Authorized Equipment List or previously listed as allowable costs • Funding may not be used to supplant ongoing,routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill.Funds cannot not replace(supplant)funds that have been appropriated for the same purpose. F. Construction and Renovation Project construction using SHSP and UASI funds may not exceed the greater of$1,000,000 or 15%of the grant award. For the purposes of the limitations on funding levels,communications towers are not considered construction. Written approval must be provided by FEMA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds,including communications towers,at the time of application,grantees are highly encouraged to submit evidence of approved zoning ordinances,architectural plans,any other locally required planning permits and documents,and to have completed as many steps as possible for a successful EHP review in support of their proposal for funding(e.g.,completing the FCC's Section 06 review process for tower construction projects;coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects). Projects for which the grantee believes and Environmental Assessment(EA)may be needed,as defined in 44 CFR 10.8 and 10.9,must also be identified to the FEMA Program Analyst within six(6)months of the award and completed EHP review packets must be submitted no later than 12 months before the end of the Period of Performance. EHP review packets should be sent by the SAA to FEMA for review. FEMA is legally required to consider the potential impacts of all HSGP projects on environmental resources and historic properties. Grantees must comply with all applicable environmental planning and historic preservation(EHP)laws, regulations,and Executive Orders(EOs)in order to draw down their FY 2012 HSGP grant funds. To avoid unnecessary delays in starting a project,grantees are encouraged to pay close attention to the reporting requirements for an EHP review. For more information on FEMA's EHP requirements please refer to Bulletins 329 and 345 (htt2, www.: sma.:.gclF; 9/10/2013 16.F.1 . percent(50%)of the total SHSP and UASI program funds may be used for personnel and personnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE)of Homeland Security Act(Public Law 110-412). Grantees who wish to seek a waiver from the personnel cost cap must provide documentation explaining why the cap should be waived;waiver requests will be considered only under extreme circumstances. In general,the use of SHSP and UASI funding to pay for staff and/or contractor regular time or overtime/backfill is considered a personnel cost. For further details,please refer to Information Bulletin 358. FY 2012 HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional public health and safety duties or to supplant traditional public health and safety positions and responsibilities. Definitions for hiring,overtime,and backfill-related overtime,and supplanting remain unchanged from FY 2011 HSGP. H. National Incident Management System(NIMS)Compliance HSPD-5,"Management of Domestic Incidents,"mandated the creation of NIMS and the National Response Plan(NRP). NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic incidents,regardless of cause,size,or complexity.To promote interoperability and compatibility among Federal,State, local,and tribal capabilities,NIMS includes a core set of guidelines,standards,and protocols for command and management,preparedness,resource management,communications and information management,supporting technologies,and management and maintenance of NIMS.The NRP,using the template established by NIMS,is an all- discipline,all-hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential Incidents of National Significance,which are major events that"require a coordinated and effective response by an appropriate combination of Federal,State,local,tribal,private sector,and nongovernmental entities." The NIMS Integration Center(NIC)recommends 38 NIMS Compliance Objectives for nongovernmental organizations that support NIMS implementation.These activities closely parallel the implementation activities that have been required of State,territorial,tribal,and local governments since 2004 and can be found at www.fema.gov/pdf/emergency/nims/ngo_fs.ndf.To integrate nonprofit organizations into the broader national preparedness effort,DHS encourages grantees to consider pursuing these recommended activities. Additionally,nongovernmental organizations grantees and sub-grantees will be required to meet certain NIMS compliance requirements.This includes all emergency preparedness,response,and/or security personnel in the organization participating in the development,implementation,and/or operation of resources and/or activities awarded through this grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide.Minimum training includes IS-700 NIMS:An Introduction.In addition,IS-800.a NRP:An Introduction,Incident Command System(ICS-100),Incident Command System(ICS-200),Intermediate Incident Command System(G-300),and Advanced Incident Command System(G-400)are also recommended.For additional guidance on NIMS training,please refer to http://www.fema.gov/emergencv/nims/nims training.shtm. Additional information about NIMS implementation and resources for achieving compliance are available through the NIMS Integration Center(NIC),at http://www.fema.gov/emergencv/nims/. III.Reporting Requirements 1.Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods(March 30,June 30,September 30 and December 30)for the life of this contract. • If a report(s)is delinquent,future financial reimbursements will be withheld until the Recipient's reporting is current. • If a report goes 2 consecutive quarters without Recipient providing information in the narrative portion of the Quarterly Status Report,Report will be denied until narrative is provided;also financial reimbursements will be withheld until the required information has been submitted. Programmatic Reporting Schedule Reporting Period Report due to DEM no later than January 1 through March 31 April30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 2.Programmatic Reporting-BSIR 25 Packet Page-2056- 9/10/2013 16.F.1 . Biannual Strategic Implementation Report: After the end of each reporting period,for the life of the contract unless directed otherwise,the SAA will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool(GRT) https..'/w_ww.repurtine.gd ihs..l.;t v. The reporting periods are January 1-June 30 and July 1-December 31. Data entry is scheduled for December I and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3.Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the"Detail of Claims"form. This number can be found in the"Proposed Program Budget". A line item number is to be included for every dollar amount listed in the"Detail of Claims"form. 4.Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 calendar days after the agreement is either completed or the agreement has expired. 5.Monitoring: Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced state and local capability and capacity to prevent,prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. The Florida Division of Emergency Management(FDEM)has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable SHSGP grant guidance and statutory regulations. The monitoring process is designed to assess a recipient agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities-financial and programmatic monitoring. Financial monitoring is the review of records associated with the purchase and disposition of property,projects and contracts. Programmatic monitoring is the observation of equipment purchased,protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects,financial activity and technical assistance between FDEM and the applicant via e-mail and telephone. On-Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records,procedures and equipment. Frequency of annual monitoring activity: Each year the FDEM will conduct monitoring for up to 50%of their sub-grantees. It is important to note that although a given grant has been closed,it is still subject to either desk or on-site monitoring for a five year period following closure. Areas that will be examined include: Management and administrative procedures; Grant folder maintenance; Equipment accountability and sub-hand receipt procedures; Program for obsolescence; Status of equipment purchases; Status of training for purchased equipment; Status and number of response trainings conducted to include number trained; Status and number of exercises; 26 Packet Page-2057- 9/10/2013 16.F.1 . Status of planning activity; Anticipated projected completion; Difficulties encountered in completing projects; Agency NIMS/ICS compliance documentation; Equal Employment Opportunity(EEO Status); Procurement Policy FDEM may request additional monitoring/information if the activity,or lack thereof,generates questions from the region,the sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM. This contact will provide an opportunity to identify the need for technical assistance(TA)and/or a site visit if the FDEM determines that a recipient is having difficulty completing their project. As difficulties/deficiencies are identified,the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant recipient agency name,year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance. Examples of TA include but are not limited to: 4.Equipment selection or available vendors .Eligibility of items or services Al,Coordination and partnership with other agencies within or outside the region or discipline 4-Record Keeping 4.Reporting Requirements 4.Documentation in support of a Request for Reimbursement On-Site Monitoring will be conducted by the FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance with the recipient agency POC designated in the grant agreement. The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. On-site Monitoring Protocol On-site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year(FFY). Site visits may be combined when geographically convenient. There is a financial and programmatic on-site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent to the recipient agency Point of Contact(POC)outlining the date,time and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the grantee in writing(email is acceptable)and documented in the grantee folder. 27 Packet Page -2058- 9/10/2013 16.F.1 . The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. On-Site Monitoring Visit Once FDEM personnel have arrived at the site,an orientation conference will be conducted. During this time,the purpose of the site visit and the items FDEM intends to examine will be identified.If financial monitoring visit will be conducted,they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed,a tow/visual/spot inspection of equipment will be conducted. Each item should be visually inspected whenever possible. Bigger items(computers,response vehicles,etc.)should have an asset decal (information/serial number)placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase.Photographs should be taken of the equipment(large capitol expenditures in excess of$1,000.per item). If an item is not available(being used during time of the site visit),the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed,the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time,such as missing quarterly reports,payment voucher/reimbursement,equipment, questions,etc. Post Monitoring Visit FDEM personnel will review the on-site monitoring review worksheets and backup documentation as a team and discuss the events of the on-site monitoring. Within 30 calendar days of the site visit,a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations.Should no issues or findings be identified,a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub grant Agreement. The On-Site Monitoring Worksheets,the monitoring report and all back up documentation will then be included in the grantee's file. A Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Carolyn Washington Jana Smith FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 (850)410-1271 (850)922-1747 Carolyn.washington @em.myflorida.com Jana.smith @em.myflorida.com B. Contractual Responsibilities • The FDEM shall determine eligibility of projects and approve changes in scope of work. • The FDEM shall administer the financial processes. 28 Packet Page-2059- 9/10/2013 16.F.1 . Attachment B Program Statutes,Regulations and Special Conditions 1) 53 Federal Register 8034 2) 31 U.S.C. §1352 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR Part 66, Common rule 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 8) Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470), Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act(as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972; 19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 Special Conditions Article I—Financial Guidelines 1. The grantee and any sub grantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (OMB Circular A-110) 3. 44 CFR Part 10, Environmental Considerations Attiow 29 Packet Page -2060- 9/10/2013 16.F.1 . B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations Article II—Financial Reports (FDEM Form 1 & 2) Required Quarterly The recipient shall submit the Financial Report(FDEM Form 1 &2) within 30 days of the end of the first Federal quarter covering the grant period of performance. The recipient shall submit quarterly reports thereafter until the grant ends and final payment is received. Reports are due on January 31, April 30, July 31 and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future reimbursement requests may be withheld if these reports are delinquent. The Close-Out Report(FDEM Form 5) is due within sixty(60) days after the end date of the performance period. Article III—Summary Description of Project The FY 2011 Homeland Security Grant Program(HSGP) funding shall be used for costs related to preparedness activities associated with implementing the State Homeland Security Strategy, any respective Urban Area Security Strategies, and the investments identified during the application period. The HSGP consists of the State Homeland Security Program (SHSP), the Urban Area Security Initiative (UASI), the Citizen Corps Program (CCP), the Metropolitan Medical Response System (MMRS)program, and Operation Stonegarden (OPSG). Together, these programs provide an integrated mechanism to enhance the coordination of National Priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. Article IV—National Environmental Policy Act (NEPA) The recipient shall comply with all applicable Federal, State, and local environment and historic preservation(EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation(EHP)resources without the prior approval of FEMA, including but 30 Packet Page -2061- 9/10/2013 16.F.1 . not limited to communication towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full EHP review could result in a non-compliance finding. For your convenience, here is the screening form link: (The Screening Form is available at: (www.fema.gov%'doc/goverment/rant/bulletins/info 329 final screening memo.doc). For these types of projects, grantees must complete the FEMA EHP Screening Form(OMB Number 1660- 0115/FEMA Form 024-0-01) and submit it, will all supporting documentation,to their respective FDEM grant manager for review. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. Article V- Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by Florida Division of Emergency Management and Department of Homeland Security. 2. Recipients must give Florida Division of Emergency Management and Department of Homeland Security access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or programs guidance. 3. Recipients must submit timely, complete, and accurate reports to Florida Division of Emergency Management and maintain appropriate back up documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin(including limited English proficiency), sex, age, disability,religion, or familial status, the recipient must provide a list of all such proceedings,pending or completed, including outcome and copies of settlement agreements to Florida Division of Emergency Management and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited 31 Packet Page -2062- 9/10/2013 16.F.1 . English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the compliant and findings to Florida Division of Emergency Management which will then be forwarded to DHS Component. The United States has the right to seek judicial enforcement of these obligations. Article VI—Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S. C. 1352. Article VII—Acknowledge of Federal Funding from DHS The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2012 Homeland Security Grant Program(HSGP) guidance and application kit. Also recipients will comply to acknowledge Federal funding when issuing statements, press releases, request for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article VIII-Copyright Recipients will comply with requirements that publications or other exercise copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government(e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing first data produces under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies,perform, disseminate, or prepare derivative works and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under an award. Article IX—Use of DHS Seal, Logo and Flags Recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likeness of Coast Guard officials. 32 Packet Page -2063- 9/10/2013 16.F.1 . Article X—Activities Conducted Abroad Recipients will comply with requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and those appropriate licenses, permits, or approvals are obtained. Article XI—Fly America Act of 1974 Recipients will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and properly to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the Comptroller General of the united States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article XII—GPD—Drug-Free Workplace Regulations Recipients will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.0 707 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statue. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. Article XIII—Trafficking Victims Protection Act of 2000 Recipients will comply with requirements of the government-wide term which implements Section 106(g) of the Trafficking Victims Protection Act(TVPA) of 2000, as amended(22 U.S.C. 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim in Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which the funding is provided to a private entity, Section 106(g) of the TVPA, as amended, required the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub-recipient—(a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time the award is in effect; or(c)Uses forced labor in the performance of the award or sub-awards under the award. Full text of the award term is provided at 2 CFR 175.15. Article XIV—Civil Rights Act of 1964 Recipients will comply with the requirements of the title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation, in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article XV—Civil Rights Act of 1968 Recipients will comply with the requirements of Titles VII of the Civil Rights Act, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwelling, or in the provision of services in connection therewith, on the basis of race, color, national origin, 33 Packet Page -2064- 9/10/2013 16.F.1 . religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground floor units in buildings without elevators)be designed and constructed with certain accessible features (see 24 CFR 100.201). Article XVI—American with Disabilities Act of 1990 Recipients will comply with the requirements of Titles I, II, III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of the public entities,public and private transportation systems,places of the public accommodation, and certain testing entities (42 U.S.C. 12101-12213). Article XVII—Age Discrimination Act of 1975 Recipients will comply the requirements of the Age discrimination Act of 1975 (42 U.S.C. 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XVIII—Title IX of the Education Amendments of 1972 Recipients will comply with the requirements Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. Article XIX—Rehabilitation Act of 1973 Recipients will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap,be excluded from participation in,be denied the benefits of, or be subjected to the discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XX—Limited English Proficiency Recipients will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency(LEP). To ensure compliance with title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encounters both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http:/Iwww lep.Qov. 34 Packet Page -2065- 9/10/2013 16.F.1 . Article XXI—Animal Welfare Act of 1966 Age Recipients will comply with the requirements of the Animal Welfare Act, as amended(7 U.S.C. 2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported for commercial sale, or exhibited t the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XXII—Clean Air Act of 1970 and Clean Air Act of 1977 Recipients will comply with the requirements of 42 U.S.C. 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintain the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. Article XXIII—Protection of Human Subjects Recipients will comply with requirements of the Federal regulations at 45 CFR Part 46, which requires recipients to comply with the applicable provisions/law for protection of human subjects for purposes of research. Recipients must also comply with the requirements of DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitutes research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses,pregnant women, and neonates (Subpart B): prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. Article XXIV—National Flood Insurance Act of 1968 Recipients will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provided for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waved exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 663. Article XXV—Flood Disaster Protection Act of 1973 Recipients will comply with the requirements of the Flood Disaster Act of 1973, as amended(42 U.S.C. 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United Stated, unless the community participates in the National Flood Insurance Program and flood insurance is purchases within one year of the identification. The flood insurance purchase Allow 35 Packet Page-2066- 9/10/2013 16.F.1 . requirement applies to both public and private applicants for DHS support. Lists of flood prone areas that are eligible for flood insurance are published in the Federal Registry by FEMA. Article XXVI—Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Recipients will comply with the requirements of Executive Order 1190,which provides that federally funded construction and improvements minimize the destruction, loss or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b) (3) of NEPA (42 U.S.C. 4331(b) (3)), Federal agencies,to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44CFR Part 9. Article XXVII—USA Patriot Act of 2001 Recipients will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 36 Packet Page-2067- 9/10/2013 16.F.1 . Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted.Any advance payment under this Agreement is subject to s.216.181(16),Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. [ ]NO ADVANCE REQUESTED [ ]ADVANCE REQUESTED Advance payment of$ is requested. Balance of No advance payment is requested. Payment payments will be made on a reimbursement basis. These funds will be solely on a reimbursement basis. No are needed to pay staff,award benefits to clients,duplicate additional information is required. forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance,complete the following worksheet (A) (B) (C) (D) DESCRIPTION FFY 20_ FFY 20_ FFY 20_ Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) I First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information,call your consultant and they will assist you. lu 1■4 . 1 • ■ • I • 1 I . X $ _ Cell D3 DEM Award MAXIMUM (Do not include any match) ADVANCE . 37 Packet Page-2068- 9/10/2013 16.F.1 . REOUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES, 20 -20 Anticipated Expenditures for First Three Months of BUDGET CATEGORY Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Exnlanation of Circumstances: 38 Packet Page -2069- 9/10/2013 16.F.1 . Attachment D Warranties and Representations Financial Manaeement Recipient's financial management system must include the following: (1) Accurate,current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities.These records shall contain information pertaining to grant awards,authorizations,obligations,unobligated balances,assets, outlays,income and interest. (3) Effective control over and accountability for all funds,property and other assets.Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment.Whenever appropriate,financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition.The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade.In order to ensure excellent contractor performance and eliminate unfair competitive advantage,contractors that develop or draft specifications,requirements,statements of work,and invitations for bids and/or requests for proposals shall be excluded from competing for such procurements.Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,considering the price,quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient.Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 39 Packet Page -2070- 9/10/2013 16.F.1 . Code of conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts.No employee,officer,or agent shall participate in the selection,award,or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in the firm selected for an award.The officers,employees,and agents of the Recipient shall neither solicit nor accept gratuities,favors,or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,employees,or agents of the Recipient. $usiness Hours The Recipient shall have its offices open for business,with the entrance door open to the public,and at least one employee on site,from J,icensinu and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 40 Packet Page-2071- 9/10/2013 16.F.1 . Attachment E Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies,by submission of this document,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. (2) Where the Recipient's subcontractor is unable to certify to the above statement,the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: Apitip By: Signature Recipient's Name Name and Title DEM Contract Number Street Address City, State,Zip Date 41 Packet Page-2072- 9/10/2013 16.F.1 . Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes,regulations,policies,guidelines and requirements,including OMB Circulars No.A-21,A-110,A-122,A-128,A-87;E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,Part 66, Common rule,that govern the application,acceptance and use of Federal funds for this federally-assisted project.Also the Applicant assures and certifies that: 1.It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2.It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants.(5 USC 1501,et seq.) 3.It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family,business,or other ties. 5.It will give the sponsoring agency or the Comptroller General,through any authorized representative,access to and the right to examine all records,books,papers,or documents related to the grant. 6.It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law,program requirements,and other administrative requirements. 7. It will insure that the facilities under its ownership,lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234,87 Stat.975,approved December 31, 1976,Section 102(a)requires,on and after March 2, 1975,the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial assistance"includes any form of loan,grant,guaranty,insurance payment,rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 9.It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470),Executive Order 11593,and the Archeological and Historical Preservation Act of 1966(16 USC 569a-1 et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of Investigations,as necessary,to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects(see 36 CFR Part 800.8)by the activity,and notifying the Federal grantor agency of the existence of any such properties and by(b)complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 42 Packet Page-2073- 9/10/2013 16.F.1 . 10.It will comply,and assure the compliance of all its sub grantees and contractors,with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,the Juvenile Justice and Delinquency Prevention Act,or the Victims of Crime Act,as appropriate;the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants,M7100.1;and all other applicable Federal laws,orders,circulars,or regulations. 11.It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure;Part 20,Criminal Justice Information Systems;Part 22,Confidentiality of Identifiable Research and Statistical Information;Part 23,Criminal Intelligence Systems Operating Policies;Part 30, Intergovernmental Review of Department of Justice Programs and Activities;Part 42,Nondiscrimination/Equal Employment Opportunity Policies and Procedures;Part 61,Procedures for Implementing the National Environmental Policy Act;Part 63,Floodplain Management and Wetland Protection Procedures;and Federal laws or regulations applicable to Federal Assistance Programs. 12.It will comply,and all its contractors will comply,with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,42 USC 3789(d),or Victims of Crime Act(as appropriate);Title VI of the Civil Rights Act of 1964,as amended;Section 504 of the Rehabilitation Act of 1973,as amended;Subtitle A,Title II of the Americans with Disabilities Act(ADA)(1990);Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975;Department of Justice Non-Discrimination Regulations, 28 CFR Part 42,Subparts C,D,E,and G;and Department of Justice regulations on disability discrimination,28 CFR Part 35 and Part 39. 13.In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race,color,religion,national origin,sex,or disability against a recipient of funds,the recipient will forward a copy of the finding to the Office for Civil Rights,Office of Justice Programs. 14.It will provide an Equal Employment Opportunity Program if required to maintain one,where the application is for$500,000 or more. 15.It will comply with the provisions of the Coastal Barrier Resources Act(P.L.97-348)dated October 19, 1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16.DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-Free Workplace Act of 1988,and implemented at 28 CFR Part 67,Subpart F,for grantees,as defined at 28 CFR Part 67 Sections 67.615 and 67.620 43 Packet Page -2074- 9/10/2013 16.F.1 . Attachment G Reimbursement Checklist Please Note: FDEM reserves the right to update this check list throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 1 n 1. Have all invoices been included? 2. Has an AEL#been identified for each purchase? n 3. If service/warranty expenses are listed, are they only for the performance period of the grant? n 4. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement) n 5. If EHP form needed—has copy of it and approval from State/DHS been included? Planning Consultants/Contractors(Note:this applies to contractors also billed under Oreanization) 1 1. Does the amount billed by consultant add up correctly? n 2. Has all appropriate documentation to denote hours worked been properly signed? n 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (If a meeting was held by recipient or contractor/consultant of recipient, an agenda and signup sheet with meeting date must be included). n 4. Has the invoice from consultant/contrator been included? n 5. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). n 6. Has Attachment E (found within Agreement with FDEM) been completed for this consultant and included in the reimbursement package? Salary Positions(Note:this applies to positions billed under M&A and Organization as well), 1. Have the following been provided: signed time sheet by employee and supervisor and proof that employee was paid for time worked (statement of earnings, copy of payroll check or payroll register)? Has a time period summary sheet been included for total claimed amount? 2. Does the back-up documentation provided match the time period for which reimbursement is being requested? Training 44 Packet Page -2075- 9/10/2013 16.F.1 . n 1. Is the course DHS approved? Is there a course or catalog number? If not, has FDEM approved the non-DHS training? Is supporting documentation included your reimbursement request? n 2. Have sign-in sheets, rosters and agenda been provided? n 3. If billing for overtime and/or backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have print outs from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? n 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? n 5. Has any expenditures occurred in support of the training (e.g., printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). Exercise n 1. Has documentation been provided on the purpose/objectives of the exercise? Such as, SITMAN/EXPLAN. n 2. If exercise has been conducted - has after-action report been included? Have sign- in sheets, agenda, rosters been provided? 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have print outs from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? n 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? n 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment 45 Packet Page-2076- 9/10/2013 16.F.1 . must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). Travel/Corderences n 1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts, hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are these receipts itemized? Do the dates of the receipts match the date(s) of travel/conference? Does the hotel receipt have a zero balance? If applicable, have a travel authorization and travel reimbursement form been included to account for per diem, mileage and other travel expenses which have been reimbursed to the traveler by sub grantee? n 2. If travel is a conference has the conference agenda been included? n 3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll). Organization n 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at EOC, hourly rate and total paid to each attendee? Have print outs from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? Matching Funds n 1. Contributions are from Non Federal funding sources. 7 2. Contributions are from cash or in-kind contributions which may include training investments. n 3. Contributions are not from salary, overtime or other operational costs unrelated to training. For All Reimbursements- The Final Check n 1. Have Forms 3, 4a, 4b and 4c been completed and included with each request for reimbursement? n 2. Have the costs incurred been charged to the appropriate POETE category? n 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 4c? n 4. Has Form 3 been signed by the Grant Manager? 5. Has the reimbursement package been entered into sub grantee's records/spreadsheet? n 6. Have the quantity and unit cost been notated on Form 4b? 46 Packet Page -2077- tH 9/10/2013 16.F.1 . ,off. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT . RICK SCOTT BRYAN W.KOON Governor Director January 9, 2013 SUBGRANTEE: Collier County Emergency Management ISSUE NUMBER PROJECT TITLE FINAL ALLOCATION 11 Training $14,200.00 GRANT PERIOD: October 1, 2012 — June 30, 2014 AWARD TOTAL: $14,200.00 FEDERAL GRANT NO: EMW-2012-SS-00109-S01 STATE GRANT NO: Provided Upon Execution In accordance with the provisions of Federal Fiscal Year 2012 Homeland Security Grant Program, the Florida Division of Emergency Management hereby awards to the foregoing Sub-grantee a grant in the amount shown above. Payment of Funds: The Award Letter must be signed by the Official Authorized to Sign in the space below and the original returned to the Florida Division of Emergency Management before execution of your agreement. The sub-grantee should not expend any funds until they receive a fully executed agreement from the Florida Division of Emergency Management and all Special Conditions are satisfied. Grant funds will be disbursed to sub- grantees (according to the approved project budget) upon receipt of evidence that items have been invoiced, deliverables have been received and that funds have been expended (i.e., invoices, contracts, itemized expenses, canceled checks, etc.). Supplantation: The Act requires that sub-grantees provide assurance that sub-grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, I certify that the receipt of federal funds through Florida Division of Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. Conditions: I certify that I understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized to commit the applicant to these requirements; and that all agencies involved with this project understand that all federal funds are limited to a twenty month (20) period. Ask FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATELOGISTICSRESPONSECENTER 5900 Lake Ellenor Drive 2555 Shumard Oak Boulevard 2702 Directors Row Orlando, FL 32809-4634 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tel: 85■Packet Page-2078-38-1016 9/10/2013 16.F.1 . SPECIAL CONDITIONS Article I — Financial Guidelines 1. The grantee and any sub-grantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110) 3. 44 CFR Part 10, Environmental Considerations B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations Article II — Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree and require any sub- recipients, contractors, successors, transferees, and assignees acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by Florida Division of Emergency Management and Department of Homeland Security. 2. Recipients must give Florida Division of Emergency Management and Department of Homeland Security access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other Packet Page-2079- 9/10/2013 16.F.1 . individuals and information as may be necessary, as required by DHS regulations and other applicable laws or programs guidance. 3. Recipients must submit timely, complete, and accurate reports to Florida Division of Emergency Management and maintain appropriate back up documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to Florida Division of Emergency Management and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the compliant and findings to Florida Division of Emergency Management which will then be forwarded to DHS Component. The United States has the right to seek judicial enforcement of these obligations. Article Ill — Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S. C. 1352. Article IV— Acknowledge of Federal Funding from DHS The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2012 Homeland Security Grant Program (HSGP) guidance and application kit. Also recipients will comply to acknowledge Federal funding when issuing statements, press releases, request for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Packet Page-2080- 9/10/2013 16.F.1 . Article V— Financial Reports (FDEM Form 1 & 2) Required Quarterly The recipient shall submit the Financial Report (FDEM Form 1 & 2)within 30 days of the end of the first Federal quarter covering the grant period of performance. The recipient shall submit quarterly reports thereafter until the grant ends and final payment is received. Reports are due on January 31, April 30, July 31 and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future reimbursement requests may be withheld if these reports are delinquent. The Close-Out Report (FDEM Form 5) is due within sixty (60) days after the end date of the performance period. Article VI — Copyright Recipients will comply with requirements that publications or other exercise copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing first data produces under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledge of Government sponsorship (including award number) to any work first produced under an award. Article VII — Use of DHS Seal, Logo and Flags Recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likeness of Coast Guard officials. Article VIII — Activities Conducted Abroad Recipients will comply with requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article IX — Fly America Act of 1974 Recipients will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and properly to the extent that such service is Packet Page -2081- 9/10/2013 16.F.1 . available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the Comptroller General of the united States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article X— GPD — Drug-Free Workplace Regulations Recipients will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.0 707 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statue. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. Article XI —Trafficking Victims Protection Act of 2000 Recipients will comply with requirements of the government-wide term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim in Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which the funding is provided to a private entity, Section 106(g) of the TVPA, as amended, required the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub-recipient— (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time the award is in effect; or (c) Uses forced labor in the performance of the award or sub-awards under the award. Full text of the award term is provided at 2 CFR 175.15. Article XII — Civil Rights Act of 1964 Recipients will comply with the requirements of the title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation, in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article XIII — Civil Rights Act of 1968 Recipients will comply with the requirements of Titles VII of the Civil Rights Act, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwelling, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units i.e., the public and common use areas and Packet Page-2082- 9/10/2013 16.F.1 . individual apartment units (all units in buildings with elevators and ground floor units in buildings without elevators) be designed and constructed with certain accessible features (see 24 CFR 100.201). Article XIV—American with Disabilities Act of 1990 Recipients will comply with the requirements of Titles I, II, Ill of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of the public entities, public and private transportation systems, places of the public accommodation, and certain testing entities (42 U.S.C. 12101-12213). Article XV— Age Discrimination Act of 1975 Recipients will comply the requirements of the Age discrimination Act of 1975 (42 U.S.C. 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XVI —Title IX of the Education Amendments of 1972 Recipients will comply with the requirements Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. Article XVII — Rehabilitation Act of 1973 Recipients will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to the discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XVIII — Limited English Proficiency Recipients will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or Packet Page -2083- 9/10/2013 16.F.1 . encounters both in developing budgets and in conducting programs and activities. For Amok assistance and information regarding LEP obligations, go to http://www.lep.gov. *- Article XIX— Animal Welfare Act of 1966 Recipients will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. 2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported for commercial sale, or exhibited t the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XX— Clean Air Act of 1970 and Clean Air Act of 1977 Recipients will comply with the requirements of 42 U.S.C. 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintain the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. Alft Article XXI — Protection of Human Subjects Recipients will comply with requirements of the Federal regulations at 45 CFR Part 46, which requires recipients to comply with the applicable provisions/law for protection of human subjects for purposes of research. Recipients must also comply with the requirements of DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitutes research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B): prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. Article XXII — National Environmental Policy Act (NEPA) Recipients will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-supports activities, DHS requires the Affsk Packet Page-2084- 9/10/2013 16.F.1 . environmental aspects of the construction grants (and certain non-construction projects as specified by the Component and Florida Division of Emergency Management) to be reviewed and evaluated before final action on the application. Article XXIII — National Flood Insurance Act of 1968 Recipients will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provided for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waved exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 663. Article XXIV— Flood Disaster Protection Act of 1973 Recipients will comply with the requirements of the Flood Disaster Act of 1973, as amended (42 U.S.C. 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United Stated, unless the community participates in the National Flood Insurance Program and flood insurance is purchases within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood prone areas that are eligible for flood insurance are published in the Federal Registry by FEMA. Article XXV— Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Recipients will comply with the requirements of Executive Order 1190, which provides that federally funded construction and improvements minimize the destruction, loss or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44CFR Part 9. Article XXVI — USA Patriot Act of 2001 Recipients will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 175-175c. Among other things, it prescribes Packet Page -2085- 9/10/2013 16.F.1 . Atrik criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons,"as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. Article XXVII—Summary Description of Project The FY 2012 Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of Presidential Policy Directive —8 (PPD-8) by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal (NPG). HSGP funding shall be used for costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to and recover from acts of terrorism and other catastrophic events. ACCEPTANCE FOR THE SUBGRANTEE: Leo E. Ochs, Jr., County Manager Signature of State for Georgia A Hiller, Esq., Chairwoman Administrative Agency Agow Date Date ATTEST: Dwight E. Brock,Clerk Approved as to Form and Legality By: VE-R- . Assistant County Attorney Packet Page -2086- 9/10/2013 16.F.1 . 2013 Executive Summaries approved in Board's absence August 27, 2013 In Absentia Meeting Items to be presented at the September 10, 2013 BCC Meeting Page 1 Item 16F1 Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. A. Recommendation to reject solicitation (ITB) 13-6125, North Collier Regional Park Water Slide Tower Painting and Renovation. B. Recommendation to approve nine (9) Releases of Lien for the Disaster Recovery Initative Program loans as the terms and conditions of the 5 year afforability period have been met. C. Recommendation to approve submittal of the Older Americans Act application for grant renewal to the Area Agency on Aging for Southwest Florida, Inc., dba Senior Choices of Southwest Florida (Senior Choices), and if awarded, will provide grant funds in the estimated amount of $1,081,025.35 annually, for a period of six years. (Fiscal Impact $784,503.35) D. Recommendation to approve a FPL Underground Facilities Conversion Agreement (UFCA) for the Gordon River Greenway Park, at the Zoo Overflow Parking. Packet Page-2087- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to reject solicitation (ITB) 13-6125, North Collier Regional Park Water Slide Tower Painting and Renovation. Objective: To reject an offer received that was outside the approved budget. Considerations: The Facilities Management and Purchasing Depaitments prepared bid documents to solicit the painting and renovation of the water slide tower at the North Collier Regional Park. ITB 13-6125 was issued on June 4, 2013, soliciting contractors to paint and renovate or repair the water slide tower. Solicitations went to 1,570 contractors, 56 downloaded the solicitations and only one responsive bidder submitted a bid. Marzuccos Painting, Inc. is the only bidder for the amount of$286,039. Facilities Management staff have reviewed the bid and determined that the bid is very high with the only bidder being approximately 52% above the engineer's estimate. Staff will review all options and possibly scale back and modify the scope of work. Staff recommends reformatting the bid invitation and re-issuing the solicitation. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Fiscal Impact: There is no fiscal impact in the approval of this Executive Summary. Legal Considerations: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT Growth Management Impact: There is no growth management impact in approving this Executive Summary. Recommendation: That the Board of County Commissioners reject ITB #13-6125. Prepared by: Vicky Ahmad, Project Manager, Facilities Management Department Packet Page-2088- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item outline> Item Summary: Recommendation to reject solicitation (ITB) 13-6125, North Collier Regional Park Water Slide Tower Painting and Renovation. Meeting Date: 8/27/2013 Prepared By Name: BetancurNatali Title: Operations Analys,Parks&Rec-NCRP Admin 8/1/2013 12:59:08 PM Submitted by Title: Project Manager,Parks&Recreation Name: AhmadVicky 8/1/2013 12:59:09 PM Approved By Name: JonesHank Title: Project Manager,Principal,Facilities Management Date: 8/1/2013 1:38:35 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 8/2/2013 3:08:54 PM Name: WilliamsBarry Title: Director-Parks &Recreation,Parks&Recreation Date: 8/6/2013 4:46:46 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 8/10/2013 2:17:46 PM Name: AlonsoHailey Packet Page -2089- 9/10/2013 16.F.1 . Title: Operations Analyst,Public Service Division Date: 8/12/2013 1:29:36 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing&General Services Date: 8/13/2013 11:07:43 AM Name: CummingsRhonda Title: Contracts Specialist,Purchasing&General Services Date: 8/13/2013 4:07:22 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 8/13/2013 4:28:32 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/14/2013 9:25:11 AM Name: KlatzkowJeff Title: County Attorney Date: 8/14/2013 11:09:16 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/15/2013 10:07:00 AM Name: OchsLeo Title: County Manager Date: 8/15/2013 10:32:23 AM Packet Page -2090- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve nine (9) Releases of Lien for the Disaster Recovery Initative Program loans as the terms and conditions of the 5 year afforability period have been met. OBJECTIVE: Approve nine(9)releases of lien. CONSIDERATIONS: The Disaster Recovery Initiative Program (DRI), funded by the Department of Economic Opportunities (fka) the Department of Community Affairs (DCA) is a state housing program that offers hurricane hardening for income qualified owner occupied property. As a condition of the award,the homeowner must continue to reside in the home as their principle residence for 5 years. The following table provides details concerning the liens being released for properties where the affordability period has been completed. Name Lien Public Record Amount Daysi Companione OR 4397 PG 1828 $16,562.00 Patricia Couture OR 4396 PG 2077 $27,624.00 Ben and Amanda Davison* OR 4516 PG 0334 $28,804.00 Jose and Yolanda Hernandez OR 4397 PG 1826 $11,960.00 Justino and San Juana Martinez OR 4396 PG 2079 $ 8,138.92 Abraham and Laquita Prudent OR 4396 PG 2073 $ 9,107.84 Lori Sidbury OR 4396 PG 2075 $16,258.00 Geraldine Prather OR 4396 PG 2071 $19,160.15 Novella Williams OR 4396 PG 2081 $48,958.00 Total $186,572.91 Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board,the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Approval of this item will authorize the County Manager to sign the aforementioned release of lien and the executed document shall be recorded in the Public Records of Collier County,Florida. FISCAL IMPACT: There is no fiscal impact as the funds are forgiven and the lien is to be released after five (5)years if the owner(s)have continued to occupy the home as their principle residence. LEGAL CONSIDERATIONS: One of the 9 Liens contains a 4 year affordability period *. The Single Family Rehabilitation Assistance Agreement that was recorded with the Lien sets forth a 5 year affordability period. Consistent with program requirements, the 5 year period was applied and is expired. Accordingly,this item is approved as to form and legality and requires majority vote for approval.—JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. Packet Page -2091- 9/10/2013 16.F.1 . RECOMMENDATION: Approve and authorize the County Manager to sign nine (9) releases of lien for an income qualified owner occupied property which the affordability period has been completed. Prepared By: Wendy Klopf, Operations Coordinator,Housing, Human and Veteran Services Packet Page -2092- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve nine (9) Releases of Lien for the Disaster Recovery Initative Program loans as the terms and conditions of the 5 year afforability period have been met. Meeting Date: 8/27/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human&Veteran Se 7/26/2013 1:49:41 PM Submitted by Title: Operations Coordinator,Housing,Human&Veteran Se Name: KlopfWendy 7/26/2013 1:49:42 PM Approved By Name: SonntagKristi Date: 8/7/2013 8:08:56 PM Name: BayArtie Title: Supervisor-Accounting,EMS Operations Date: 8/8/2013 7:39:17 AM Name: BetancurNatali Title: Operations Analys,Parks&Rec-NCRP Admin Date: 8/8/2013 9:01:20 AM Name: GrantKimberley Title: Interim Director Date: 8/8/2013 10:14:10 AM Packet Page-2093- 9/10/2013 16.F.1 . Name: KushiEdmond Date: 8/9/2013 11:34:16 AM Name: OienLisa Title: Grants Coordinator,Housing,Human&Veteran Servic Date: 8/9/2013 2:21:01 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 8/12/2013 1:29:57 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/12/2013 3:06:36 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 8/20/2013 3:25:49 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/21/2013 2:44:14 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/23/2013 9:57:08 AM Name: KlatzkowJeff Title: County Attorney Date: 8/26/2013 9:38:22 AM Name: OchsLeo Title: County Manager Date: 8/27/2013 1:47:27 PM Packet Page -2094- 9/10/2013 16.F.1 . Prepared by:Wendy Klopf Collier County Housing,Human&Veterans Services Dept 3339 E.Tamiami Trail,Building H,#211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Patricia Couture to Collier County,executed on May 27,2008 and Recorded in Official Records Book 4396, Page 2077, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise,release,quitclaim,exonerate and discharge from the lien and operation of the said agreement,that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above-named property,and consents to this Lien being forever discharged of record with respect to said property. BOARD OF COUNTY COMMISSIONERS, Witness(signature) COLLIER COUNTY,FLORIDA. (print name) Approved in absentia per Resolution 2000-149 on August 27,2013 Witness(signature) By: Leo E.Ochs,Jr.,County Manager (print name) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Leo E. Ochs,Jr., as County Manager, on behalf of Collier County, who is personally known to me. [NOTARIAL SEAL) Signature of Notary Public—State of Florida Print Commissioned Name of Notary Public Approved as to form and legality: Jennifer A.Beelp diio Assistant County Attorney Packet Page -2095- 9/10/2013 16.F.1. Prepared by: Wendy Klopf Collier County llousing,I luman&Veterans Services Dept 3339 E.Tamiami Trail,Building IL#211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Ben Davison and Amanda Davison to Collier County,executed on July 1,2008 and Recorded in Official Records Book 4516. Page 334, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise,release, quitclaim,exonerate and discharge from the lien and operation of the said agreement,that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above-named property,and consents to this Lien being forever discharged of record with respect to said property. BOARD OF COUNTY COMMISSIONERS, Witness(signature) COLLIER COUNTY,FLORIDA. (print name) Approved in absentia per Resolution 2000-149 on August 27,2013 Witness(signature) By: Leo E. Ochs,Jr.,County Manager (print name) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Leo E. Ochs, Jr., as County Manager,on behalf of Collier County, who is personally known to me. [NOTARIAL SEAL] Signature of Notary Public State of Florida Print Commissioned Name of Notary Public Approved as to form and legality: Jennifer A.Belpedio Assistant County Attorney Almak Packet Page-2096- 9/10/2013 16.F.1 . Prepared by:Wendy Klopf Collier County Housing,Human&Veterans Services Dept 3339 E.Tamiami.Trail,Building H,#211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Jose and Yolanda Hernandez to Collier County, executed on June 6, 2008 and Recorded in Official Records Book 4397, Page 1826, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise,release,quitclaim,exonerate and discharge from the lien and operation of the said agreement,that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above-named property,and consents to this Lien being forever discharged of record with respect to said property. BOARD OF COUNTY COMMISSIONERS, Witness(signature) COLLIER COUNTY,FLORIDA. (print name) Approved in absentia per Resolution 2000-149 on August 27,2013 Witness(signature) By: Leo E.Ochs,Jr.,County Manager (print name) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Leo E. Ochs, Jr., as County Manager, on behalf of Collier County, who is personally known to me. [NOTARIAL SEAL] Signature of Notary Public—State of Florida Print Commissioned Name of Notary Public Approved as to form and legality: CAR_ ccAz_.2 Jennt r A.Belpedio Assistant County Attorney Packet Page-2097- 9/10/2013 16.F.1 . Prepared by:Wendy Klopf Collier County Housing,Human&Veterans Services Dept 3339 E.Tamiami Trail,Building H,#211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is 3299 E Tamiami Trail,Naples,Florida 34112,the owner(s)and holder(s)of a certain Lien executed by Justino and San Juana Martinez to Collier County, executed on September 19,2008 and Recorded in Official Records Book 4396, Page 2079, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise,release,quitclaim,exonerate and discharge from the lien and operation of the said agreement,that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above-named property,and consents to this Lien being forever discharged of record with respect to said property. BOARD OF COUNTY COMMISSIONERS, Witness(signature) COLLIER COUNTY,FLORIDA. (print name) Approved in absentia per Resolution 2000-149 on August 27,2013 Witness(signature) By: Leo E.Ochs,Jr.,County Manager (print name) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Leo E. Ochs, Jr., as County Manager, on behalf of Collier County, who is personally known to me. [NOTARIAL SEAL] Signature of Notary Public—State of Florida Print Commissioned Name of Notary Public Approved as to form and legality: Jenn er A. Belpedio Assistant County Attorney Amok Packet Page-2098- 9/10/2013 16.F.1 . Prepared by:Wendy Klopf Collier County Housing,Human&Veterans Services Dept 3339 E.Tamiami Trail,Building H,#211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Abraham and Laouita Prudent to Collier County,executed on June 6,2008,and Recorded in Official Records Book 4396, Page 2073, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise,release,quitclaim,exonerate and discharge from the lien and operation of the said agreement,that certain portion of the premises conveyed by said lien,more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above-named property,and consents to this Lien being forever discharged of record with respect to said property. BOARD OF COUNTY COMMISSIONERS, Witness(signature) COLLIER COUNTY,FLORIDA. (print name) Approved in absentia per Resolution 2000-149 on August 27,2013 Witness(signature) By: Leo E.Ochs,Jr.,County Manager (print name) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Leo E. Ochs, Jr., as County Manager,on behalf of Collier County, who is personally known to me. [NOTARIAL SEAL] Signature of Notary Public—State of Florida Print Commissioned Name of Notary Public Approved as to form and legality: Jennifer A.Belpedio f Assistant County Attorney Packet Page-2099- 9/10/2013 16.F.1 . Prepared by:Wendy Klopf Collier County Housing,Human&Veterans Services Dept 3339 E.Tamiami Trail,Building H,#211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Lori Sidbury to Collier County, executed on May 30, 2008 and Recorded in Official Records Book 4396, Page 2075,of the Public Records of Collier County,Florida, which is hereby acknowledged does remise, release, quitclaim,exonerate and discharge from the lien and operation of the said agreement,that certain portion of the premises conveyed by said lien,more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above-named property,and consents to this Lien being forever discharged of record with respect to said property. BOARD OF COUNTY COMMISSIONERS, Witness(signature) COLLIER COUNTY,FLORIDA. (print name) Approved in absentia per Resolution 2000-149 on August 27,2013 Witness(signature) By: Leo E.Ochs,Jr.,County Manager (print name) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Leo E. Ochs,Jr., as County Manager, on behalf of Collier County, who is personally known to me. [NOTARIAL SEAL] Signature of Notary Public—State of Florida Print Commissioned Name of Notary Public Approved as to form and legality:Jenn er A. Belpedi Assistant County Attorney Packet Page-2100- 9/10/2013 16.F.1 . Prepared by:Wendy Klopf Collier County Housing,Human&Veterans Services Dept 3339 E,Tamiami Trail,Building H,4211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Geraldine Prather to Collier County, executed on September 30, 2008 and Recorded in Official Records Book 4396, Page 2071, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise,release,quitclaim,exonerate and discharge from the lien and operation of the said agreement,that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above-named property,and consents to this Lien being forever discharged of record with respect to said property. BOARD OF COUNTY COMMISSIONERS, Witness(signature) COLLIER COUNTY,FLORIDA. (print name) Approved in absentia per Resolution 2000-149 on August 27,2013 Witness(signature) By: Leo E.Ochs,Jr.,County Manager (print name) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Leo E. Ochs, Jr., as County Manager, on behalf of Collier County, who is personally known to me. [NOTARIAL SEAL] Signature of Notary Public—State of Florida Print Commissioned Name of Notary Public Approved as to form and legality: Jenni r A. Belpedio Assistant County Attorney { Packet Page-2101- 9/10/2013 16.F.1. Prepared by:Wendy Klopf Collier County Housing,Human&Veterans Services Dept 3339 E.Tamiami Trail,Building H,#211 Naples,Fl,34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is 3299 E. Tamiami Trail,Naples,Florida 34112,the owner(s)and holder(s)of a certain Lien executed by Novella Williams to Collier County, executed on March 7,2008 and Recorded in Official Records Book 4396, Page 2081,of the Public Records of Collier County,Florida, which is hereby acknowledged does remise, release, quitclaim,exonerate and discharge from the lien and operation of the said agreement,that certain portion of the premises conveyed by said lien,more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above-named property, and consents to this Lien being forever discharged of record with respect to said property. BOARD OF COUNTY COMMISSIONERS, Witness(signature) COLLIER COUNTY,FLORIDA. (print name) Approved in absentia per Resolution 2000-149 on August 27,2013 Witness(signature) By: Leo E.Ochs,Jr.,County Manager (print name) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Leo E. Ochs, Jr.,as County Manager, on behalf of Collier County, who is personally known to me. [NOTARIAL SEAL] Signature of Notary Public—State of Florida Print Commissioned Name of Notary Public Approved as to form and legality: Jenni er A. Belpedio Assistant County Attorney Packet Page-2102- 9/10/2013 16.F.1 . Prepared by:Wendy Klopf Collier County Housing,Human&Veterans Services Dept 3339 E.Tamiami Trail,Building H,#211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is 3299 E. Tamiami Trail,Naples,Florida 34112,the owner(s)and holder(s) of a certain Lien executed by Daysi Companione to Collier County, executed on September 25, 2008 and Recorded in Official Records Book 4397, Page 1828,of the Public Records of Collier County, Florida, which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above-named property,and consents to this Lien being forever discharged of record with respect to said property. BOARD OF COUNTY COMMISSIONERS, Witness(signature) COLLIER COUNTY,FLORIDA. (print name) Approved in absentia per Resolution 2000-149 on August 27,2013 Witness(signature) By: Leo E.Ochs,Jr.,County Manager (print name) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Leo E. Ochs, Jr., as County Manager, on behalf of Collier County, who is personally known to me. [NOTARIAL SEAL] Signature of Notary Public—State of Florida Print Commissioned Name of Notary Public Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Packet Page-2103- 4216913 OR: 4397 FA 9/10/2013 16.F.1 . MORBID in OYYICIAL RECORDS of COLL.... .._„.., .. 04/30/2001 at 02:34PK DWIGHT S. BROCK, CLERK RRC III 18.50 Prepared by and to be rttarried to Wetil:iKT&R OYYiCd ROUSING i RUKAR SVCS CDBG DWI PROGRAK BLDG B Calker Count)Housing&Haman San rocs T HAWN 252 2995 3301 E Tannami Trail Building H Rctom 211 Naples.FL. 34112 LIEN ("DCAIDRI"ASSISTANCE PROGRAM) As provided by the September 25, 2008 DRI Single Family Rehabilitation Assistance Agreement ("Agreement"), a copy of which is attached hereto as Exhibit A, we Daysi Companione, as Grantee(s), do hereby acknowledge that (4484 31°t Ave SW Naples. Florida), more particularly described as (Golden Gate Unit 3 BLK 109 Lot 7)(the"Property"),is subject to this lien("Lien")in favor of Collier County,Florida. We further acknowledge the terms and conditions of this Lien,including the following: 1. The Lien secures the sum of$16,562.00; 2. The basis of the Lien is the Agreement attached hereto as Exhibit A; 3. The Lien shall have a zero percent interest rate and the Lien shall be non-amortizing; 4. The Lien shall be released after five-(5)years-if the owner(s)has continued to occupy the home located on the Property as their pincipalresitterice> 5. If the Property is transferred/, sold, refinanced, or no longer houses the owner(s) before five(5)years elapses,the full amount stated in section 1.above, shall immediately become due, without interest.. IN WITNESS WHEREOF. the said-Grantees hat signed.and sealed these presents this as day of >2008 WI A-SSES: 1 137:,„411,......,-a* Print Name: `4,. [GRA, TEE'S NAME] By: Print Name: (GRANTEE'S NAME) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this . . day of Se /' 20 t?E, by_ L >o,7 s, and , who 1 1 are personally known to me or 1 xi produced z)L.. as roof of identity. (affix notarial seal) -. (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission TM: I :�. . e°'iIWI DOOretes7 • My Commission Expires: I Packet Page-2104- s 9/10/2013 16.F.1 . COLLIER COUNTY HOUSING& HUMAN SERVICES SINGLE FAMILY REHABILITATION ASSISTANCE AGREEMENT CDBG COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM I/We Daysi Comnanione,the undersigned and real property owner of a single-family home located at: 4484 314 Ave SW Naples Fl 34116 has been awarded Single Family Rehabilitation Assistance in the amount of Thirty Thousand Dollars and no/100(530,000.00)from the Department of Community Affairs and The Disaster Recovery Initiative Program. By signing this document,I/we,to the fullest extent permitted by laws and regulations,hold harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to, fees and changes of attorneys and other professionals and court and arbitration costs)arising out of or resulting;from the performance of the work. I/We agree to execute a "DCA"DRJ"Assistance Program Lien. I/We realize that the amount named previ ly will s flied Alien-against the named single-family home/property.vi The lien(mortgage)will be a Deferred ' ytnent Loan and shall'have a zero percent interest rate and shall be non- amortizing. It is forgiven after five (5) years if the°owners has continued to occupy the home as the principal residence.lithe property is transferred, old,refinanced or no to rgerfhouses the owner(s)before five(5)years elapses, O the full amount of the lien is due without interest, F Signatures: "" 410/ "1! _ w4111, CC. H •, of Household Print or Type Full Name Date �t- Spouse Print or Type Full Name Date G tCDB02006J2007PROJ ECTSIS[NGLE-FAMILY REHAFLdoc Packet Page-2105- 4215442 t. 4396 *9/10/2013 16.F.1 . RECORDED in OFFICIAL RECORDS of COLLI 09/26/2055 at 08:27AN DRIGR7 E, BROCI, CLERK Itop..aM mod wee dto. REC FEE :8.i0 Retn;IRiER OFFICE NODSING fi 6UMAlt SYCS C lIiiCuuatyHcmj,5&Homo Smokes EUILDIRG y Z103ON•rrmae.6ueDrive TANNAR EARNER 252-2905 r4.pie,.FL 34104 LIEN ("DCAIDRF ASSISTANCE PROGRAM) As provided by the September 1, 2008 DRI Single Family Rehabilitation Assistance Agreement ("Agreement"), a copy of which is attached hereto as Exhibit. A, well Patricia Couture, as Grantee(s),do hereby acknowledge that(2059 17th st SW Naples,Florida 34117), more particularly described as(Golden Gates Est Unit 1955)(the"Property"), is subject to this lien("Lien")in favor of Collier County,Florida. We further acknowledge the terms and conditions of this Lien,including the following: 1. The Lien secures the sum of$27,624.00; 2. The basis of the Lien is the Agreement attached hereto as Exhibit A; 3. The Lien shall have a zero percent interest rate and the Lien shall be non-amortizing; 4. The Lien shall be released after five(5)years if the owner(s)has continued to occupy the home located on the Property as their principal residence; S. If the Property is transferred ;sold refinanced; or no,'longer houses the owners)before five(5) O years elapses,the full amount stated in section 1,atiove;,ahall immediately become due, without interest. IN WITNESS WHEREOF the said Grantees have signed and sealed these presents this / day of 5e - ,2008 WITNESSES: 44rapoit.4., JIM AeAritArs Py- (274....74,6, ' . ., Natter`2 ''F _zr % ..,,(GRANTEE'S NAME] By: Print Name: [GRANTEE'S NAME) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this / day of 'T//- 20.2E,by P7lircr (o and ,who( _] are personally known to me or(1 produced .roof of identity. (affix notarial seal) ,r - t". (Signature of l:•". Public) US'ot£N (Print Name of Notary Public) Ctxi 4 o00T81837 E es 4/L3I2012 Serial Commission#: now M.c ' My Commission Expires: Packet Page -2106- • 9/10/2013 16.F.1 . COLLIER COUNTY HOUSING&HUMAN SERVICES SINGLE FAMILY REHABILITATION ASSISTANCE AGREEMENT CDBG COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM I/We Patricia Couture,the undersigned and real property owner of a single-family home located at: 205917th St SW. Naples Fl 34117 has been awarded Single Family Rehabilitation Assistance in the amount of Thrity Thousand Dollars and no/100($30,000.00) from the Department of Community Affairs and The Disaster Recovery Initiative Program. By signing this document,Uwe,to the fullest extent permitted by laws and regulations,hold harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including,but not limited to, fees and changes of attorneys and other professionals and court and arbitration costs)arising out of or resulting from the performance of the work. I/We agree to execute a"DCA"DRI"AssistanceProgram Lien. I/We realize that the amount named previously llb�led a en, inst,the named single-family home/property. per" ""� ` ;) y The lien(mortgage)will be a Deferred Payment Loan and�h have a'zero percent interest rate and shall be non- amortizing, It is forgiven after five (5).-years"it theeowner(s)has continu�4o occupy the home as the principal Lam,} � residence.If the property is transferred, ld,refinanced or no longer houses,the owner(s)before five(S)years elapses, O the full amount of the lien is due without interest. W LC} („arduziat Signatures: " Head of Household Print or Type Full Name Date z. Spouse Print or Type Full Name Date G;CDDGt2006r2OO7PROJECTSSLNGLFFAMILY REHAB.doe Packet Page -2107- INSTR 4370219 OR 4516 PG 334 RECORDED 12/7/2009 11:29 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 9/10/2013 16.F.1 . REC $18.50 Ptepared by and to be returned to Cater County Noosing.&Human Semites 2800 N.Horseshoe Drove Naples.FL.34104 LIEN ("DCA/DRI"ASSISTANCE PROGRAM) As provided by the (Marc!, 20, 20091 DRI Single Family Rehabilitation Assistance Agreement ("Agreement"), a copy of which is attached hereto as Exhibit A, Uwe Ben and Amanda Davison, as Grantee(s), do hereby acknowledge that (1749 45m Terr SW Naples, Florida 34116), more particularly described as (Golden Gate Unit 2 BLK 53 Lot 5) (the "Property"),is subject to this lien("Lien")in favor of Collier County,Florida. We further acknowledge the terms and conditions of this Lien,including the following: 1. The Lien secures the sum of1S28,804,00]; 2. The basis of the Lien is the Agreement attached hereto as Exhibit A; 3. The Lien shall have a zero percent interest rate. 4. The Lien shall be released after fotiri(4)years if the owner(s)has continued to occupy the home located on the Property as their principal residence;y 5. If the Property is transferred,sold,refinanced,or no Ionger houses the owner(s)before Four(4) years elapses, the pnncipa#;as;fctrgtvetr'-or subtracted from the principal balance in equal monthly amounts,so that at the end of the Fourth yearn('owner occupancy(by at least one of the recipients if owned jointly)_the loan`is full amortized.:There is no interest charged during the four years. IN WITH SS WHEREOF,the said Grantees have signed and sealed these presents this 11 day offr� ,2009 1/ WITNESSES: By: �"‘, x rint Name:- : 314,,. [Ben Davison] By:1140] ,.._.___ 14 ,;(2,, Print Name: !Amanda Davison] STATE OF FLORIDA COUNTY OF COLLIER �y The foregoing instrument was acknowledged before me this 14 day of t.(0c// 2(l q, by Betz u;`Zir) and/4/_2_04 who C 1 are personally known tome or[ ]produced 4/4 as proof of identity. (affix notarial seal) uribi ( rgnature of Notary Public.). (Print Name of Notary Public) ANA t DIAZ ° Serial/Commission 11: bht dO 4s ,q s' Comm,00069085{v Expires 7/1/2011 c My Commission Expires: -t l X2-01 t „ 'a`.47," Florida NotaerAasn..irK'f Packet Page-2108- *** OR 4516 PG 335 *** 9/10/2013 16.F.1 . COLLIER COUNTY HOUSING&HUMAN SERVICES SINGLE FAMILY REHABILITATION ASSISTANCE AGREEMENT CDBG COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM Me Ben and Amanda Davison,the undersigned and real property,owner of a single-family home located at: 1749 45th Terr SW.Naples Fl 34116 has been awarded Single Family Rehabilitation Assistance in the amount of Thirty Thousand Dollars and no/100(530,000.00)from the Department of Community Affairs and The Disaster Recovery Initiative Program. By signing this document,I/we,to the fullest extent permitted by laws and regulations,hold harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to, fees and changes of attorneys and other professionals and court and arbitration costs)arising out of or resulting from the perfoOtiance of the work. I/We agree to execute a"DCA"DRI"Assistance Program Promissory Note and a"DCA/DRI"Assistance.Program Mortgage. I/We realize that the amount named p eviously'w ll..b; e -ashen against-it'gainstlbe named single-family home/property. The lien(mortgage)shalt have a zero percent interest rate and shall be non.amortizing.It is forgiven after five(5)years if the owner(s) has continued to occupy tie'home as the principal residence. if the property is transferred,sold, refinanced or no longer houses the owner(s)before ,-(5)ll years elapses,,he full amount of the mortgage is due without interest. Signatures: Head of Household Print or Type Full Name Date l . illA..0.411&&.: L r 4..to.. frQ. a(a. C ` tit on 7-/- OF Spouse Print or Type Full Name Date ICDB 20O6l2007PROJECI"SSINOLE-FAXILY REE A G :BJACKSON,L3ekih-J a.son.doe • 1 i Packet Page-2109- I 4216912 OR: 4397 6/10/201316.F.1 . RECORDED in OFFICIAL RECORDS of COi,i,ann t.uuart, r O9/3OI2OO8 at 02:34P1f DMIORT B. BROCK, CLERK RIC FBI 18.50 Prepared by and to be returned to RetE:IRTBR OFFICE ROHM i DOME SVCS CDBG DRI PROGRAM BLDG 0 cattier County housing&Human Services I` HAMMER 252 2995 2800 N.Horseshoe Otis Naples,FL. 34104 LIEN ("DCA/DRI"ASSISTANCE PROGRAM) As provided by the September 12, 2008 DRI Single Family Rehabilitation Assistance Agreement ("Agreement"), a copy of which is attached hereto as Exhibit A, we Jose and Yolanda Hernandez, as Cxrantee(s), do hereby acknowledge that (903 New Market Street Immokalee. Florida). more particularly described as(New Market Subd BIk/2 Lots 5 and 6)(the "Property"),is subject to this lien("Lien")in favor of Collier County.Florida. We further acknowledge the terms and conditions of this Lien,including the following: 1, The Lien secures the sum of 511,960.00; 2. The basis of the Lien is the Agreement attached hereto as Exhibit A; 3. The Lien shall have a zero percent interest rate and the Lien shall be non-amortizing; 4. The Lien shall he released after five(5)years if the owner(s)has continued to occupy the home located on the Property as theirprtncipal residence; ' 5. If the Property is transferred,sold. refinanced. orno'longer houses the owners) before five(5)years elapses,the full amottntstated in section I,above,shall immediately become due, without interest. tom, IN WITNESS WHEREOF,the said Counties have signed and sealed these presents this WITNESSES: Print Name:/,a, �i 7//4r.+rr ' :', ,".I s N MEN} Print Name: j 'RANTEE'S NAME] STATE OF FLORIDA COUNTY OF COLLIER The foregoin g instrument was acknowledged before me this., '3rd day o" c 20©j by e L PeY� {eg. and rr!ne -, who are p s known nown to me or[ )produced as proof f identity. (affix notarial seal) (Signature of Notary Public) l'"Nt., Martha D.Williams /T�, �YiI;Fi d�i11 -rn • .Commission*pD523151 (Print Name of Notary Public) '' i Expires February 27,2010 Serial Commission it: OF P. IWAMIiq Pan.aannea.at.a9476S7aW -....-.1/.t ..._....�,.,.. My Commission Expires: pf 2 7fc/o Packet Page -2110- 9/10/2013 16.F.1 . COLLIER COUNTY HOUSING&HUMAN SERVICES SINGLE FAMILY REHABILITATION ASSISTANCE AGREEMENT CDBG COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM I/We Jose and Yolanda Hernandez,the undersigned and real property owner of a single-family home located at: 903 W New Market Rd Immokalee.Florida 34142 has been awarded Single Family Rehabilitation Assistance in the amount of Thirty Thousand Dollars and no/I00($30,000.00)from the Department of Community Affairs and The Disaster Recovery Initiative Program. By signing this document,I/we,to the fullest extent permitted by laws and regulations,hold harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to, fees and changes of attorneys and other professionals and court and arbitration costs)arising out of or resulting from the performance of the work. I/We agree to execute a"DCA"DRI"Assistance-nProgram I/We realize that the amount named previously will e.filed as a lien against the named single-family home/property. The lien(mortgage)will be a Deferred Paymnent'Loa and shall have zero percent interest rate and shall be non- e .,'"' ➢ s r t amortizing. It is forgiven after five (5)years%lithe has rcontinued to occupy the home as the principal residence.If the property is transferred,sold,refinanced or no longer houses the owner(s)before five(5)years elapses, the full amount of the lien is due without interest. 1 Signatures: —a ciao% tf_qtrA„._Dlio ......scov Ue....irtuNie ..f/0/0P7 Head of Household Print or Type Full Name Date tv 67 t_D[1ot ›. Spouse Print or Type Full Name Date 0 CDBG12006/2007PR03ECTS1SINGLE-FAMILY REHAB,doc Packet Page -2111- 4215443 OR: 4396 P . RECORDED in OFFICIAL RECORDS of COLLI 9/10/2013 16.F.1. 09/26/2008 at 0E:27AM DVIGE7 E. FROCK, CLERK RIC FBI 1B.51 Prepared by and to be returned to Retu.IITIR DFFICB ROUSING 5 EDMAE SVCS I BEILDIRD Collier County Housing&Human Services TAMMAR RAKXRR 252-2995 2000 N.Horseshoe Drive Naples.FL 34104 LIEN ("DCAJDRI"ASSISTANCE PROGRAM) As provided by the September 19,2008 DRI Single Family Rehabilitation Assistance Agreement ("Agreement"), a copy of which is attached hereto as Exhibit A, we Justino and Sanjuana Martinez, as Grantee(s), do hereby acknowledge that (5117 Perch PL Imnakalee, Florida 34142), more particularly described as (Lake Trafford Shores Unit / BLK D Lot 9 or 1747 PG 1900) (the "Property"), is subject to this lien ("Lien") in favor of Collier County, Florida. We further acknowledge the terms and conditions of this Lien,including the following: I. The Lien secures the sum of$8,138.92; 2. The basis of the Lien is the Agreement attached hereto as Exhibit A; 3. The Lien shall have a zero percent interest rate and the Lien shall be non-amortizing, 4. The Lien shall be released after five{S)years if the owner(s)has continued to occupy the home located on the Property as their:.pnncIpal`residence; 5. If the Property is transferred,sold,refinanced, or no longer houses the owner(s) before five(5)years elapses,the full amount_sta ed in Section 1.above,shall immediately become due, without interest. '„- • sew IN WITNESS WHEREOF,the said-Grantees ha•e-signed and sealed these presents this /{0 day of S ; 2008 WITNE ES: U-yst. $iY J Print Name: LSD Or;Ai [GRAN EE'S A ' .1 By: Print Name: 1G STATE OF FLORIDA COUNTY OF COLLIER The foregoing instnunent was acknowledged before me this ti' day of S.,fr 20 f"', by .Nf v4/1/4 and T�,fi0 c' . who [ I are personally known to me or r< prottuced y as proof of identity. (affix notarial seal) % ` - (Signature of Notary Public) um C (Print Name of Notary Public) taolsx+Mt000781837 Serial t Commission#: 44: EvMmt2012 My Commission Expires: Flioad.narrAgem,.inc Packet Page -2112- COLLIER COUNTY HOUSING & HUMAN SERVICES 9/10/2013 16.F.1 . SINGLE FAMILY REHABILITATION ASSISTANCE AGREEMENT CDBG COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM I/We Justin and Sanivana Martinez,the undersigned and real property owner of a single-family home located at: 5117 Perch PL Immakalee Florida 34142 has been awarded Single Family Rehabilitation Assistance in the amount of Thirty Thousand Dollars and no/100 ($30.000.00) from the Department of Community Affairs and The Disaster Recovery Initiative Program. By signing this document,Uwe,to the fullest extent permitted by laws and regulations,hold harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to,fees and changes of attorneys and other professionals and court and arbitration costs)arising out of or resulting from the performance of the work. I/We agree to execute a"DCA"DRI"Assistance gram Lien. I/We realize that the amount named previously belled as-alien against the named single-family home/property. The lien (mortgage)will be a Deferred Payniept rOwau'anifiV4114141V Payment a zero percent interest rate and shall be non- amortizing. It is forgiven after five (5)•years if the owner(s)h Tontinued to occupy the home as the principal NE- residence.If the property is transferred`,sold,refinanced or nolonger housesthe owner(s)before five(S)years elapses, 4. the full amount of the lien is due without interest. - o Signatures: ,y /4404 r._) Head of Household Print or Type Full Name Date 00 c11-47-44' Spouse Print or Type Full Name Date G:tCDBO 2006/2007PROJECTMINGL,E-FA1t4fl y REHAB.doc Packet Page -2113- 4215440 OR: 4396 PG' 9/10/2013 16.F.1 . RECORDED in OFFICIAL RECORDS of COLLIE 09{2612008 at 3f:27AK 'WHET I. BROCK, CLERK RIC FEE I$.5$ Prepared dy and to be returned to Retr:IRTER C!FI CE EMIRS R EDKAK SYCS R BUILDING Ardelkt Confer Coun yttousing&Human Semmes TAKKAR HARKER 252-2995 2800 N.Horseshoe Drive Naples FL. 34104 LIEN ("DCA/DRI"ASSISTANCE PROGRAM) As provided by the September 8, 2008 DRI Single Family Rehabilitation Assistance Agreement ("Agreement").a copy of which is attached hereto as Exhibit A,we Abraham and Laquita Prudent, as Grantee(s), do hereby acknowledge that (716 N 9th ST Immokalee, Florida), more particularly described as (Mission Village unit One Lot 12)(the"Property"), is subject to this lien("Lien")in favor of Collier County,Florida. We further acknowledge the terms and conditions of this Lien,including the following: 1. The Lien secures the sum of$9,107.84; 2. The basis of the Lien is the Agreement attached hereto as Exhibit A: 3. The Lien shall have a zero percent interest rate and the Lien shall be non-amortizing; 4. The Lien shall be released after five(5)years if the owner(s)has continued to occupy the home located on the Property as their principal residence; 5. If the Property is transferred 'sold, refinanced, or no longer houses the owner(s) before five(5)years elapses,the full,nmOunt.stated in section 1.above.shall immediately become due, without interest. IN WITNESS WHEREOF the said Grantees have signed,and sealed these presents this 1a day of Sizet 2008_ WITNESSES: ` / a .t/ ! i ii _ I3ur Print Name: " t GRANTEE'S NAME! 1 B d Print Name: ( NTEE'S NAME( STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 12 day of S if 20 cf , by A bi h ,r and '1`-`- ,who ( J are personally known to me or( -}produced as proof of identity. (affix notarial seal) ! u� (Signature of Notary P blic) Ls 0' N iN6rt►t7� (Print Name of Notary Public) 1Serial`Commission : yyMy Commission I xpires:.� Packet Page-2114- 9/10/2013 16.F.1 . COLLIER COUNTY HOUSING& HUMAN SERVICES SINGLE FAMILY REHABILITATION ASSISTANCE AGREEMENT CDBG COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM I/We Abraham and Laauita Prudent,the undersigned and real property owner of a single-family home located at: 716 N 9""St Immokalee Florida 34142 has been awarded Single Family Rehabilitation Assistance in the amount of Thirty Thousand Dollars and no/100 (530,000.001 from the Department of Community Affairs and The Disaster Recovery Initiative Program. 4c By signing this document,Ifwe,to the fullest extent permitted by laws and regulations,hold harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or cv consequential (including, but not limited to, fees and changes of attorneys and other professionals and court and �w arbitration costs)arising out of or resulting from the performance of the work. rfl UWe agree to execute a "DCA"DRI"Assist nceProgram Y ieti y .... O I/We realize that the amount named previous wiltbe-fib as a lien against the named single-family home/property. The lien (mortgage)will be a Deferred Payment Loan and shall have it zero p ercent interest rate and shall be non- amortizing It is forgiven after five 5)yeah if the owner. j has continued;to occupy the home as the principal residence.If the property is transferred,sold,refinanced or no)on er honkesithe houses owner(s) before five (S)years elapses, the full amount of the lien is due without-interest. rest. r • Signatures: A . PkUd/67--- 46i-0 han 6(6/51. Head of Household Print or Type Full Name y� Date/6/07 Xlati /LA . 44-)„,:4,,,tte,,,o(,,,Spouse Print or Type Full Name D GICDB02006/2007PROJECTSNSINGLE-FAMILY tEHAR.doc Packet Page -2115- 4215441 OR: 4396 Pi MORBID In MIMI, WORDS of COLL.,,..A.., .. 9/10/2013 16 F 1 09/26/2008 at 08:27AN MGR? I. 11001, MARI REC 981 11.50 Named b)and to be returned to Retn:INTIR MICE HOUSING 4 MAN SVCS .• I MUIR Collier Count)I{mama&Human Serstms 2800 N,Horseshoe Dm e TAMAR HAMMER 252-2995 Narks,f I, 34104 LIEN ("DCA/DRI"ASSISTANCE PROGRAM) As provided by the September 8, 2008 DR1 Single Family Rehabilitation Assistance Agreement("Agreement"),a copy of which is attached hereto as Exhibit A.weli Lori Sidbury. as Grantee(s), do hereby acknowledge that (840 Briarwood Blvd Naples, Florida), more particularly described as (Briarwood Unit Two Blk A Lot 2)(the-Property"), is subject to this lien("Lien')in favor of Collier County,Florida. We further acknowledge the terms and conditions of this Lien,including the following: 1. The Lien secures the sum of S16,258.00: 2. The basis of the Lien is the Agreement attached hereto as Exhibit A: 3. The Lien shall have a zero percent interest rate and the Lien shall be non-amortizing: 4. The Lien shall be released after five(5)years lithe owner(s)has continued to occupy the home located on the Property as their principaresidence; 5. If the Property is transferr&L sold. refinanced, or no:kinger houses the owner(s) before five(5)years elapses,the full amount stated in section I.above shall immediately become due, without interest. . 1 c IN WITEfirEREOF,the said Granteeihave signecLand sealed these presents this o day of . ;008 ..., , Wf"'InEr.S.SEES: I tic — . — - -4" 0 ,,--- --BY: Print Name: ' ' • ' f 1.' i ' -'''-'I 'AlS EE'S, AMEI By: Print Name: [GRANTEE'S NAME1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 0_day of ....C ./.7A " . 20 .. by Z.z-,z,' S.‹I k iey and , who 1 j are personally known to me or L,..:d produced ‘?...4- - as proof of identity, (affix notarial seal) _ .1 ',.. (Signature of Notary Public) .Z.,..r/4 0f,- ,t- _ Ex 4/23(2012 = USA OtEN ' ;:. ; Oammil 000/01437 ::: pires i (Print Name of Notary Public) Serial/Commission#: My Commission Expires: ti ,..r--t,/ mom Wary Aim-ist : AO% Packet Page-2116- 9/10/2013 16.F.1 . COLLIER COUNTY HOUSING&HUMAN SERVICES SINGLE FAMILY REHABILITATION ASSISTANCE AGREEMENT CDBG COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM UWe Lori Sidburv,the undersigned and real property owner of a single-family home located at: 840 Briarwood Naples Fl 34104 has been awarded Single Family Rehabilitation Assistance in the amount of Thirty Thousand Dollars and no/100 ($30,000.00)from the Department of Community Affairs and The Disaster Recovery Initiative Program. By signing this document,I/we,to the fullest extent permitted by laws and regulations,hold harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to, fees and changes of attorneys and other professionals and court and arbitration costs)arising out of or resulting from the performance of the work. I/We agree to execute a "DCA"DRI"Assistance Program Lien. ° s2 IJWe realize that the amount named previously will be filed as a. ea a nst the named single-family home/property. The lien(mortgage)will be a Deferred Payment Loan and shat have a'zero percent interest rate and shall be non- amortizing. It is forgiven after five ( ),.,years---if the i;vvner(s)has continued pto occupy the home as the principal residence.If the property is transferred,sold,refinanced or no longer houses`"the owner(s)before five(5)years elapses, o the full amount of the lien is due without inter Signatures: 0T1 j la CJ • _ , Head of Household Print or Type Full Name Date a4^ Spouse Print or Type Full Name Date G:sCDBGi20 04120O7PROJEC't'S'4SINGLE FAMILY R.EHAB.doc Packet Page-2117- 4215439 OR. 4396 F(". "" RICORDID in OFFICIAL RECORDS of COLL1 9/10/2013 16.F.1 . 09/26/2018 at 88:2TAN DNIGNT 1. BROCL, CLIRU RIC III IBM Retn:INTBR DfFICE Prepared by and to be retuned to. HOUSING i ROMAN SYCS N BUILDING Collier County Housing&Human Semites TAMMAR HAMMER 252-2995 2800 N.Horseshoe More Napless,Ft.. 34104 LIEN ("DCA/DRI"ASSISTANCE PROGRAM) As provided by the September 30,2008 DRI Single Family Rehabilitation Assistance Agreement ("Agreement"), a copy of which is attached hereto as Exhibit A, we Geraldine Prather, as Grantee(s), do hereby acknowledge that (300 Delaware Ave Immokalee. Florida), more particularly described as(Mainline TR A W 55ft ofS 94.58 fi of E 64011 OR 1154 PG 1185) (the"Property"),is subject to this lien("Lien")in favor of Collier County,Florida. We further acknowledge the terms and conditions of this Lien,including the following: 1. The Lien secures the sum of$19,164.15; 2, The basis of the Lien is the Agreement attached hereto as Exhibit A; 3. The Lien shall have a zero percent interest rate and the Lien shall be non-amortizing; 4. The Lien shall be released after five(5)years if the owner(s)has continued to occupy the home located on the Property as their principal,residence; 5. If the Property is transferred, sold, refinanced, or nti longer houses the owner(s) before five(5)years elapses,the full amount stated in section I.above,shall immediately become due, without interest. r j y .• , IN WITNESS WHEREOF'„the'said G ntees have signed..and sealed these presents this 5c day of .'y 2/ .2008._:_. WITNESSES: (1, Print Name: ' ,(nw.L., E T�r�s ' M [GRANTE 'S NA [ 13v: Print Name: [GRANTEE'S NAME[ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument.was acknowledged before me this 3c) day of ,Sip 20 CX, by 5 E. A i„,,,' and . who [ J are personally known to me or[_I produced "t . of of identity. (affix notarial seal) /e.c_ (S" ature of Not A Public) /,.sew �1 (Print Name of Notary Public) '. LISA cog Serial/Commission#: PIN t:onurrattat7a78tM37 My Commission Expires: • E4/2:il2Ai2 ARMS Packet Page -2118- 9/10/2013 16.F.1 . COLLIER COUNTY HOUSING& HUMAN SERVICES SINGLE FAMILY REHABILITATION ASSISTANCE AGREEMENT CDBG COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM I We Geraldine Prather,the undersigned and real property owner of a single-family home located at: 304 E Delaware Ave Inzmokalee Fl 34142 has been awarded Single Family Rehabilitation Assistance in the amount of Twenty Thousand Dollars and no/100(520,000.00)from the Department of Community Affairs and The Disaster Recovery Initiative Program. By signing this document,I/we,to the fullest extent permitted by laws and regulations,hold harmless Collier County cyr and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or cv consequential(including, but not limited to,fees and changes of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the work. Cre acs Cr, ,O .� I/We agree to execute a "DCA"DRI" Assistane3e Program Lien rc I/We realize that the amount named previously wijitte'filedasAlieaagainst the named single-family home/property. The lien (mortgage)will be a Deferred Payment Loan anti alt h kexa zero percent interest rate and shall be non- x J amortizing. It is forgiven after five (5)=years`if f14 wrrer(s' has n Init i to occupy the home as the principal residence. If the property is transferre 1 sold, refinanced or n4 longer finnses the owner(s) before five (5) years elapses, the full amount of the ben is ddeve haut interest. ' .✓$fi t` �/ _ Signatures: ,. rrrt . 1, Head of Household Print or Type Full Name Date Spouse Print or Type Full Name Date G:tCD&C12O062O07PROJECCS*SINGLE-FAMILY REHAB doe Packet Page -2119- 4215444 OR: 4396 P!"9/10/2013 16.F.1 . RECORDED in OFFICIAL RECORDS of COLE___ --.-,,, ._ 09/2l/2E0E at 08:27AX BRIGHT I. BROCI, CLERK REC FEE 18.50 Prepared by and to be retooled to REft1:1ESER OFFICE HOUSING b HUNAN SVCS comer County Housutg&Human Sers ces A BUILDING MO N.tiorseshoe Dave 7ANMAR EMIR 252-2395 Napks,FL. 14104 LIEN ("DCA/DRI"ASSISTANCE PROGRAM) As provided by the September 8, 2008 DRI Single Family Rehabilitation Assistance Agreement ("Agreement"), a copy of which is attached hereto as Exhibit A, we/I Novella Williams, as Grantee(s),do hereby acknowledge that(4132 20th Ave SW Naples, Florida), more particularly described as (Golden Gate Unit 2 Part 2 Blk 63Lot 27 OR 677 PG 1999) (the "Property'),is subject to this lien("Lien")in favor of Collier County,Florida. We further acknowledge the terms and conditions of this Lien,including the following: 1. The Lien secures the sum of 548,958.00; 2. The basis of the Lien is the Agreement attached hereto as Exhibit A; 3. The Lien shall have a zero percent interest rate and the Lien shall be non-amortizing; 4. The Lien shall be released after five(5)years if the owner(s)has continued to occupy the home located on the Property as their princpaI residence; 5. if the Property is transferred,;mid, refinanced, or n,cr, longer houses the aazter(s) before five(5)years elapses,the full amount stated in section 1.above,shall immediately become due, without interest. - IN WITNESS WHEREOF,REO.F the,said Grantees have signet and sealed these presents this iday of 544 ,.200$. `.`' _ I H.-1111. WI ESSES: ay. . • t .1111. .... _— 13 y } _ _1111. 'riot Name: .t ' ' I, a. ' 'I,s' ( 11,'''''[GRANTEE'S NAME) By: Print Name: {GRANTEE'S NAME) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 1 day of _CV"' 2048`, by Arcs/4 //ra,4 and , who [ ) are personally known to me or[ ]produced r?c 1,<. 7 4 v a roof of identity. (affix notarial seal) .11.1.1.2.111.10.0.1...•.k. (Si nature of No W y-Public) • txmn Doorstasr (Print Name of Notary Public) aphis 4/23/2012 Serial/Commission 4: 4-' mum tsar/Awn,lee My Commission Expires: 11.......It11.... 1111.1111... Packet Page-2120- 9/10/2013 16.F.1 . COLLIER COUNTY HOUSING& HUMAN SERVICES DRI SINGLE FAMILY REHABILITATION ASSISTANCE AGREEMENT CDBG COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM I/We Novella Williams,the undersigned and real property owner of a single-family home located at: 4132 20th Ave SW Naples. Florida 34116 has been awarded DRI Single Family Rehabilitation Assistance not to exceed the amount of$50,000.00 from the Department of Community Affairs and The Disaster Recovery Initiative Program. By signing this document,Uwe,to the fullest extent permitted by laws and regulations,hold harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to,fees and changes of attorneys and other professionals and court and arbitration costs)arising out of or resulting from the performance of the work. UWe agree to execute a "DCA"DRI"Assistance Program PromissoryNote and a"DCAIDRI"Assistance Program Lien. UWe realize that the amount named Previously will filed as alien against the named single-family home/property. The lien(mortgage)will be a Deferred Payment Loan and dial have zeroppercent interest rate and shall be non- 1 amortizing. It is forgiven after five (5)tears if the owner(s) has continuedtto occupy the home as the principal v residence.lithe property is transferred,sold,,refinanced or no longer houses`the owner(s)before five(S)years elapses, `h;° .sue• the full amount of the mortgage is due without interest' '' C:71 Signatu r s: 4-2• c > h1 d Q.! 0. Ot 1[An1s / Ioo ? � �S Head of Household Print or Type Full Name Dat e ac Spouse Print or Type Full Name Date Packet Page -2121- 9/10/2013 16.F.1 . Amok EXECUTIVE SUMMARY Recommendation to approve submittal of the Older Americans Act application for grant renewal to the Area Agency on Aging for Southwest Florida, Inc., dba Senior Choices of Southwest Florida (Senior Choices), and if awarded, will provide grant funds in the estimated amount of $1,081,025.35 annually, for a period of six years. (Fiscal Impact $784,503.35) OBJECTIVE: To receive the lead agency designation, once again, in order to continue the Older Americans Act Program for Seniors, and if awarded, will continue to provide in-home support and nutrition services to Collier County's frail and elderly community. CONSIDERATIONS: Collier County Services for Seniors has been providing support services to Collier County's frail elderly for over 30 years through the Older Americans Act program (OAA). Staff was notified that the OAA grant application notice of funds will be released on August 1, 2013, and is due on August 30, 2013. There are no regularly scheduled BCC meetings during that period in order to receive approval to apply for these grants. The Collier County Housing, Human and Veteran's Services Department has prepared grant renewal applications for the Services for Seniors and Nutrition programs to submit to Senior Choices for Older Americans Act funding. There are three components to these programs, commonly known as III-B, III-C, and III-E. The upcoming program runs on a six year bid cycle from January 1, 2014 - December 31, 2019. Should it be awarded, acceptance of awarded grant funds will be brought before the Board of County Commissioners for approval. The upcoming funding has been estimated based on the 2013 Older Americans Act allocations provided by Senior Choices within the 2014 grant application. The grant award amount of $1,081,025.35 is for the period January 1, 2014 through December 31, 2014. Of the total grant award, $706,053 will be recognized as the direct funding portion of the County for case management, transportation, nutrition, client support, and administration costs. An additional $78,450.35 will be recognized for the required match. The remaining $296,567 will be retained by the grantor agency to pay for in-home support services provided by local home health agencies. Program Component Anticipated Award Local Match Requirement Title III-B Lead Agency/Services $76,500.00 $8,500.00 Title C-1 Congregate Meals $281,850.00 $31,316.67 Title C-2 Home Delivered Meals $251,120.00 $27,902.23 Title III-E Caregiver Support Program $96,583.00 $10,731.45 Net OAA Funding $706,053.00* $78,450.35 *$296,567.00 in additional grant funding for III-B is retained by grantor agency for in-home support services Approval of the grant application submittal by the County Manager is subject to formal Amok ratification by the Board of County Commissioners. If the decision by the County Manager is Packet Page -2122- 9/10/2013 16.F.1 . not ratified by that Board, the application shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. If awarded, an agreement between the Area Agency on Aging for Southwest Florida, Inc., dba Senior Choices of Southwest Florida, and the Board will be brought before the Board of County Commissioners for consideration and acceptance of the grant award and appropriation of the grant budgets in the Grants Management System via budget amendment. FISCAL IMPACT: The estimated grant award is $1,081,025.35, of which $706,053 will be managed directly by Collier County and reside within Human Services Grant Fund 707; A local match requirement of 10%, estimated at $78,450.35, will reside in Human Services Match Fund 708, funded through prior year excess revenues transferred from Senior Services Fund 123. Any unfunded or underfunded mandates to carry out the OAA federal grant programs will be funded by excess revenues collected in prior years and reinvested into the programs. Pursuant to the FY14 proposed budget, this reinvestment revenue has been appropriated separately within Senior Services Fund 123 for such purposes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The Board will have the opportunity to accept or reject the funds if the grant is approved. Accordingly, this Office has no issue with respect to the legality of this request, which is appropriate for Board action. —JAB RECOMMENDATION: Recommendation to approve submittal of the Older Americans Act application for funds to the Area Agency on Aging of Southwest Florida, Inc., d/b/a Senior Choices of Southwest Florida and authorize the Chairwoman to sign after approval by the County Attorney's Office. PREPARED BY: Lisa N. Carr, Grants Coordinator, Housing, Human and Veteran Services Packet Page -2123- 9/10/2013 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve submittal of the Older Americans Act application for grant renewal to the Area Agency on Aging for Southwest Florida, Inc., dba Senior Choices of Southwest Florida (Senior Choices), and if awarded,will provide grant funds in the estimated amount of$1,081,025.35 annually,for a period of six years.(Fiscal Impact $784,503.35) Meeting Date: 8/27/2013 Prepared By Name: CarrLisa Title: SHIP Program Coordinator 7/22/2013 2:05:48 PM Submitted by Title: SHIP Program Coordinator Name: CarrLisa 7/22/2013 2:05:49 PM Approved By Name: DeSearJacquelyn Title: Accountant,Housing,Human&Veteran Services Date: 7/22/2013 2:31:16 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 2:31:54 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 2:33:26 PM Name: AlonsoHailey Awok Title: Operations Analyst,Public Service Division Packet Page -2124- 9/10/2013 16.F.1 . Date: 7/22/2013 2:33:52 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/22/2013 2:45:51 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 7/22/2013 4:58:02 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/22/2013 7:33:12 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/25/2013 9:21:23 AM Name: KlatzkowJeff Title: County Attorney Date: 8/26/2013 9:38:11 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/27/2013 9:55:42 AM Name: KlatzkowJeff Title: County Attorney Date: 8/27/2013 11:05:08 AM Name: OchsLeo Title: County Manager Date: 8/27/2013 1:47:46 PM Packet Page-2125- 9/10/2013 16.F.1 . PROPOSAL THE OLDER AMERICANS ACT Title Ill C Nutrition Services 1/1/2014 to 12/31/2019 Collier County Housing, Human and Veteran Services Packet Page-2126- 9/10/2013 16.F.1 . Nutrition Application Index Page lalurnbr Lour F�age, r, 1 # ufr�t3tn trade , J ,,a r k 2 3 1 Service Provider Summary Information 4 2 Form PUR State Form 7033 5-6 3 Administrative Synopsis 7-8 4 Staffing Plan 8-9 Appendix IV 5 Targeting/Outreach Plan 9-10 6 Confidentiality assurance/HIPAA 11-12 Appendix I 7 Grievance process 12 Appendix II 8 Coordination Plan 12 9 Quality Assurance/Improvement 13 Appendix III 10 Site List 13-14 11 Service Standards 15-21 12 Nutrition Assurances 22 13 Statement of Compliance with Service Standards and Requirements 23 14 HIPAA Compliance Assurance 24 15 Certification of 60 operating funds 25 16 Statement of No Involvement and Contract Terms and Conditions 26 17 Contract Terms and Conditions 27 18 Certification of Debarment/suspension 28 19 Administrative Assessment 29-30 20 Match Commitment 31-36 21 Rate Acceptance 37 22 Rate Quote 38-39 23 Unit Cost Methodology work sheets 65 Appendix V 2 Packet Page -2127- €__%i 9/10/2013 16.F.1 . Appendices Index Access Services Appendices I Page Number HIPPA Regulations 40-43 I I Services for Seniors Grievance Procedure 44-48 III Samples of Satisfaction Surveys 49.52 IV Job Descriptions 53-64 V Unit Cost Methodology 65 Asok 3 Packet Page-2128- 9/10/2013 16.F.1 . SERVICE PROVIDER SUMMARY INFORMATION PAGE PSA: 8 ORIGINAL SUBMISSION [X ] REVISION [ ] 1. PROVIDER INFORMATION: 2. GOVERNING BOARD CHAIR: Executive Director: Georgia A.Hiller,Esq.Chairwoman Kimberley Grant 3299 Tamiami Trail E.,Ste.303 3339 Tamiami Trail E,Ste.211 Naples,FL 34112 Naples,FL 34112 (239)252-8602 (239)252-2273 Name of Grantee Agency: Legal Name of Agency: Collier County Board of County Commissioners 3. ADVISORY COUNCIL CHAIR: (if applicable) Housing,Human and Veteran Services {Name/Address/Phone} Mailing Address 3339 Tamiami Trail E.,Suite 212 Naples,FL 34112 Telephone Number: l 2391 252-2273 4. TYPE OF AGENCY/ORGANIZATION: 5. PROPOSED FUNDING PERIOD:January 1,2014— NOT FOR PROFIT: _PRIVATE December 31, 2019 x PUBLIC A. NEW APPLICANT PRIVATE FOR PROFIT B. CURRENT CONTRACTOR x 6. FUNDS REQUESTED: [x]OAA Title IIIC-1 [x]OAA Title IIIC-2 7. SERVICE AREA: [x]Single County Collier []Multiple Counties(please list 8. ADDRESS FOR PAYMENT OF CHECKS ITEM#: [x]#1 []#2 9. CERTIFICATION BY AUTHORIZED AGENCY OFFICER: I hereby certify that the contents of this document are true, accurate and complete statements. I acknowledge that intentional misrepresentation or falsification may result in the termination of financial assistance. Name: Leo E.Ochs,Jr. Signature: Title: County Manager Date: Approved as to form and legality Assistant County Attoney 4 Packet Page-2129- I. rurc state ruin'ruox SUBMIT PROPOSAL TO: AREA AGENCY ON AGING f Area Agency on Aging for Southwest Florida REQUEST FOR PROPOSAL 9/10/2013 16.F.1 . 15201 N.Cleveland North Fort Myers,FL 33903 CONTRACTUAL SERVICES Telephone Number:239 t 652-6900 Acknowledgment Page 1 of PROPOSALS WILL BE OPENED: September3,2013 PROPOSAL NO. _106 Pages and may not be withdrawn within 30 days after such date and time AGENCY MAILING DATE: HAND DELIVERED 812812013 PROPOSAL TITLE: Collier County Senior Nutrition Program e FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.S. NUMBER 59-6000558 VENDOR NAME Collier County Housing,Human and Veteran Services REASON FOR NO PROPOSAL VENDOR MAILING ADDRESS 3339 Tamiami Trail E.,Suite 211 POSTING OF PROPOSAL TABULATIONS CITY-STATE-ZIP Naples,FL 34112 Proposal tabulations with recommended awards will be posted for review by interested parties AREA CODE TELEPHONE NUMBER 239-252-2273 at the location where proposals were opened and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 10.53(5).Florida statutes shall TOLL-FREE NUMBER Na constitute a waiver of proceedings under chapter 120.Florida Statutes.Posting will be on or about December 15,2006. I certify that this proposal is made without prior understanding,agreement,or connection with any corporation,firm,or person submitting a proposal for the same contractual services,and is in all respects fair and without collusion or fraud.I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the proposer and that the AUTHORIZED SIGNATURE(MANUAL) proposer is in compliance with all requirements of the request for Proposal, including but not limited to, certification requirements,in submitting a proposal to an agency for the State of Florida,the proposer offers and agrees that if the proposal is accepted,the proposer will convey,sell,assign or transfer to the State of Florida all rights,title and interest in and to all Leo E.Ochs,Jr..County Manager causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price AUTHORIZED SIGNATURE(TYPED)TITLE fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the discretion,such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the proposer. GENERAL CONDITIONS SEALED PROPOSALS: All proposal sheets and this original acknowledgment form (c) MISTAKES: Proposers are expected to examine the conditions, scope of work, must be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE proposal prices,extensions,and all instructions pertaining to the services involved. THAN ONE PROPOSAL PER ENVELOPE.) The face of the envelope shall contain, Failure to do so will be at the proposer's risk. in addition to the above address,the date and time of the proposal number,Proposal prices not submitted on attached proposal price sheets when required shall be (d) INVOICING AND PAYMENT: The contractor shall be paid upon submission of rejected. All proposals are subject to the conditions specified herein. Those not property certified invoices to the purchaser at the prices stipulated on the contract at complying with these conditions are subject to rejection. the time the order is placed,after delivery and acceptance of goods,less deductions if any as provided. Invoices shall contain the contract number, purchase order 1. EXECUTION OF PROPOSAL:Proposal must contain a manual signature of number and the contractors'Federal Employer Identification Number. An original authorized representative in the space provided above. Proposal must be and three(3)copies of the invoice shall be submitted. The final payment shall not typed or printed in ink. Use of erasable ink is not permitted. All corrections to be made until after the contract is complete unless the Agency has agreed prices made by proposer must be initialed.The company name and F.E.LD.or otherwise. Invoices for fees or other compensation for services or expenses social security number must appear on each pricing page of the proposal as submitted for contractual services shall be submitted in detail sufficient for a proper required. pre-audit and post-audit thereof and invoices for any travel expenses shall be submitted in accordance with the rates at or below those specified in Sections 2. NO PROPOSAL SUBMITTED: It not submitting a proposal, respond by 112.061 and 287.058, F.S. Interest Penalties: Payment shall be made in returning only this acknowledgment form, marking it NO PROPOSAL",and accordance with section 215.422,F.S.,which states the contractors'rights and the explain the reason in the space provided above. Failure to respond to a procurement solicitation without giving justifiable reasons for such failure, Agency's s. responsibilities NDOOMBUDSMAN:interest vendors seprovidi and time limits for services to n invoices. VENDOR OMBUDSMAN:vendors providing goods and services to an nonconformance to contract conditions, or other pertinent factors deemed agency should be aware of the following time frames. Upon receipt,an agency has reasonable and valid shall be cause for removal of the proposer's name from five(5)working days to inspect and approve the goods and services,unless the bid the proposal mailing list. NOTE:To qualify as a respondent, proposer must specifications, purchase order or contract specifies otherwise.An agency has 20 submit a"NO PROPOSAL",and it must be received no later than the stated days to deliver a request for payment(voucher).The 20 days are measured from proposal opening date and hour. the latter of the date the invoice is received or the goods or services are received, 3. PROPOSAL OPENING: Shall be public, on the date, location and the time inspected and approved. If a payment is not available within 40 days,a separate specified on the acknowledgment form. It is the proposer's responsibility to interest penalty of.03333 percent per day will be due and payable,in addition to the assure that his proposal is delivered at the proper time and place of the invoice amount,to the vendor.The interest penalty provision applies after a 35 day proposal opening. Proposals,which for any reason are not so delivered,will time period to health care providers,as defined by rule. Interest penalties of less not be considered. Offers by telegram or telephone are not acceptable. A than one (1) dollar will not be enforced unless the vendor requests payment. proposal may not be altered after opening of the price proposals. NOTE: Invoices, which have to be returned to a vendor, because of vendor preparation Proposal tabulations will be furnished upon written request with an enclosed, errors,will result in a delay in the payment. The invoice payment requirements do self addressed, stamped envelope and payment of a predetermined fee. not start until properly completed invoice is provided to the agency. A Vendor Proposal tabulations will not be provided by telephone. Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be 4. PRICES,TERMS AND PAYMENT:Firm prices shall be proposed and include experiencing problems in obtaining timely payment(s)from the agency. The Vendor all services rendered to the purchaser. Ombudsman may be contracted at (904) 488-2924) or by calling the State (a)TAXES: The Area Agency on Aging does not pay Federal Excise and Sales Comptrollers Hotline, 1-800-848-3792. The Area Agency On Aging review the taxes on direct purchases of services. See tax exemption number on face conditions and circumstances surrounding non-payment and unless there is a bona of purchase order or agreement form. This exemption does not apply to fide dispute, the Area Agency on Aging may in writing authorize the contract purchases of services in the performance of contracts for the improvement supplier to reject and return purchase orders from said agency until such time as the of state-owned real property as defined in Chapter 192,Florida Statutes. agency complies with the provisions of Section 215,422,F.S. (b)DISCOUNTS:Cash discount for prompt payment shall not be considered in (e) ANNUAL APPROPRIATIONS: The Area Agency on Aging performance and determining the lowest net cost for proposal evaluation purposes. obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Approved as to form and legality ;, ,. -_ 5 Assistant Court Attorney Packet Page -2130- f 1 w 9/10/2013 16.F.1 . 5. CONFLICT OF INTEREST:The award hereunder is subject to the provisions of 10. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, Chapter 112,Florida Statutes. Proposers must disclose with their proposal the name county and local laws, and of all ordinances, rules, and regulations shall of any officer,director, or agent who is also an employee of the Area Agency On development,submittal and evaluation of all proposals received in response Aging or any of its agencies. Further,all proposers must disclose the name of any hereto and shall govern any and all claims and disputes which may arise Area Agency On Aging employee who owns,directly or indirectly,an interest of five between person(s) submitting a proposal response hereto and the Area (5%) or more in the proposer's firm or any of its branches. In accordance with Agency of Aging, by and through its officers, employees and authorized Chapter 287, Florida Statutes, no person or firm receiving a contract that has not representatives, or any other person, natural; or otherwise, and lack of been procured pursuant to Section 287.057)20 or(3)to perform a feasibility study of knowledge by any proposer shall not constitute a cognizable defense the potential implementation of a subsequent contract participating in the drafting of against the legal effect thereof. a request for proposals,or developing a program for future Implementation shall be 11. ADVERTISING: In submitting a proposal, proposer agrees not to use the eligible to contract with the agency for any contacts dealing with that specific subject matter,and proposers must disclose with their proposal any such conflict of interest results there-from as a part of any commercial advertising. 6. AWARDS:As the best interest of the Agency may require,the right is reserved to 12. ASSIGNMENT: Any Contract or Purchase Order issued pursuant to this reject any and all proposals or waive any minor irregularity or technicality in proposals request for proposal and the monies which may become due hereunder are received. Proposers are cautioned to make no assumptions unless their proposal not assignable,except with the prior written approval of the purchaser. has been evaluated as being responsive. 7. INTERPRETATIONS/DISPUTES: Any questions concerning conditions and 13. LIABILITY:On any contract resulting from this proposal the proposer shall specifications shall be directed in writing to this office for receipt no later than ten(10) hold and save the Area Agency on Aging, its officers, agents and days prior to the proposal opening. Inquiries must reference the date of proposal employees harmless against claims by third parties resulting from the opening and proposal number. No interpretation shall be considered binding unless contractors breach of this contract or the contract's negligence. This provided in writing by the Area Agency of Aging in response to requests in full requirement does not apply to contracts between governmental agencies. compliance with this provision. Any person who is adversely affected by the agency's 14. FACILITIES:The Agency reserves the right to inspect the proposers decision or intended decision concerning a procurement solicitation or contract award and who wants to protest such decision or intended decision shall file a protest in facilities at a time with prior notice. compliance with Rule 13A-1.006(3). Florida Administrative Code. Failure to file a 15. CANCELLATION:The Agency shall have the right to unilateral cancellation protest within the time prescribed in Section 120.53(5),Florida Statutes, shall constitute a waiver of proceedings under Chapter 120,Florida Statutes. for refusal by the contractor to allow public access to all documents,papers, letters,or other material subject to the provisions of Chapter 119, Florida 8. GOVERNMENTAL RESTRICTIONS:In the event any governmental restrictions may Statutes, and made or received by the contractor in conjunction with be imposed which would necessitate alteration of the material quality of the services contract. offered on this proposal prior to their completion,it shall be the responsibility of the successful proposer to notify the purchaser at once,indicating in his letter the specific 16. PUBLIC RECORDS:Any material submitted in response to this Request for regulation which required an alteration.The Agency reserves the right to accept any Proposal will become a public document pursuant to Section 119,07,F.S. such alteration,including any price adjustments occasioned thereby,or to cancel the This includes material,which the responding proposer might consider to be contract at no further expense to the Agency. confidential of a trade secret. Any claim of confidentiality is waived upon 9. DEFAULT: Failure to perform according to this proposal and/or resulting contract submission,effective after opening pursuant to Section 119.07,F.S. shall be cause for your firm to be found in default which event any and all re- procurement costs may be charged against your firm. Any violations of these stipulations may also result in: a) Contractor's name being removed from the Division of Purchasing vendor mailing list. b)All Agencies being advised not to do business with the contractors without written approval of the Division of Purchasing. NOTE: ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. 6 Packet Page -2131- 9/10/2013 16.F.1 . RESPONSE TO RFP SPECIFICATIONS Q1. Administrative Information: a. Brief synopsis of your business / agency's background and qualifications to provide Nutrition Services: The Collier County Department of Housing, Human and Veteran Services has demonstrated a record of managerial and technical experience to effectively administer this grant program. The Department is the arm of County government that serves Collier County's very low, low and moderate income residents, including the senior population by providing access to health care, developing volunteer services with retirees, assisting with affordable homeownership and other housing opportunities, maintaining safe and decent housing and independent living for seniors, utilizing federal and state grants to build safe, livable and healthy communities and to meet the government mandates of human services in Collier County. Housing, Human and Veteran Services (HHVS) successfully administers a number of federal and state grants including, Community Development Block Grant, HOME, Department of Elder Affairs, Safe Havens Visitation and Safe Exchange Program, State Housing Initiative Partnership and Disaster Recovery Initiative programs. Under the direction of Kimberley Grant and Kristi Sonntag, the department holds years of experience in grant administration. In addition, the Nutrition Services program manager has successfully operated the program for 5 years. The Department has been the Lead Agency for DOEA programs for over 30 years and provides excellent case management and assistance to Collier County's frail elderly. In addition to providing case management, personal care and homemaking services, HHVS has administered the Collier County Nutrition Program (Nutrition Program) for five years. During this time, the department doubled the clientele receiving home delivered meals and operates at capacity. Opening two additional congregate sites in recent years, our expanded congregate meal sites serve even more seniors. In a previous monitoring, Senior Choices noted our Golden Gate congregate meal site as the "flagship" site in the entire PSA. By providing hot nutritious meals to needy, isolated, low-income and often times non-English speaking seniors; clients are receiving one-third to two thirds of their daily nutritional needs. Also, the Nutrition Program provides meals to over 120 of Collier County's most frail home bound seniors in the community through the home delivered meals program. We select the most at-risk clients from the Senior Choices waitlist ensuring that we are helping those most in need. If we are unable to provide meals due to funding we refer clients to Meals on Wheels. If they can't accept the client we make every effort to add them to our service. All Nutrition Program clients also receive monthly nutrition education as well as have the opportunity to complete an annual satisfaction survey. Meals are provided on a weekly basis at a time that is convenient to the client. Accommodations are made for doctor appointments or other situations that may interfere with their delivery. We encourage clients to call us for any assistance needed and are often able to direct them to other resources for Alik 7 (c Packet Page -2132- 9/10/2013 16.F.1 . utility assistance, food pantries, transportation, and medical services coordinated by our case management staff. Any clients who are in need of services beyond home delivered meals are referred to Senior Choices or to another community resource. Clients are assessed annually for program compliance and updating records. The Nutrition Program now operates four (4) congregate meal sites that are in areas of the most economic need. Serving over 135 clients weekly, the sites are accessible via public transit or para-transit. In addition to hot meals, each meal site provides activities which strive to engage participants, reduce loneliness and isolation and stimulate their minds. This program encourages seniors to stay active physically and mentally by getting out into the community and meeting new friends, playing games like bingo, and being educated on health topics as well as other senior related information. We hope to reduce hunger, isolation, depression and inactivity to one of the most at-risk populations through the increase in available services and activities, thus reducing the need for other community services such as in-home health care or nursing home services. Activities include bingo, mah jongg, dominoes, jazz bands, quilting, health and nutrition talks and more. HHVS maintains partnerships with senior minded groups and agencies to provide these activities. Although Collier County is known as an affluent community, seniors, ages 60 and older, are often in danger of poor nutrition and loneliness and isolation. The Nutrition Program also serves as a resource for information to many seniors in need of other services such as one on one nutrition counseling, registering for food stamps, finding a food pantry, housing assistance, bus or emergency transportation, and referrals to the Elder Helpline for additional in-house services like home-care or water and electric bill assistance. Many of our seniors don't have family or neighbors looking in after them and our site coordinators may be the only person keeping tabs on their welfare. b. Staffing Plan for Nutrition Program: Collier County Housing, Human and Veteran Services seeks to provide services for functionally impaired elderly persons in a community care, continuum of care service system, which is designed to allow for Collier County seniors to age in place, with purpose, security, and with dignity. Staff is respectful and allow for seniors to also age in an elder friendly environment. Currently, the nutrition program employs 4.50 full time employees (See Job description in Appendix IV). The staffing pattern is described below: The Director of the Department has a Master's Degree in Business Administration and has the authority over all administrative operations of the department. This individual is responsible for the administration of the Services for Senior's programming and lead agency functions and ensures that it is managed in accordance with DOEA requirements. The Director has over 8 years experience working in Collier County Government. The Supervisor of Food Programs oversees the day-to-day operations and scheduling of the four congregate meal sites as well as the home delivered meals. The Supervisor of Food Programs supervises four (4) part time meal site coordinators who are charged with daily meal site operations and one (1) case manager assistant. Both have a working knowledge of the nutrition program administered by this agency and thus are able to access and s Packet Page -2133- �; J 9/10/2013 16.F.1 . authorize other resources/services available to eligible clients while working under ServSafe guidelines. The nutrition services program also employs Experience Works individuals, and R.S.V.P. volunteers to staff the meal sites. Each site has a trained supervisor on location at all times. The Supervisor of Food Programs maintains current ServSafe certification and attends bi- annual nutrition education training, conducts NPCR's, provides bi annual food safety training to all staff, new employee food safety training, and ensures all staff is current on fire safety training and conducts annual safety reviews of sites. The Supervisor of Food Programs also orders congregate and home delivered meals, ensures all sites are in compliance at all times and conducts annual satisfaction surveys from all clients. To support the Supervisor of Food Programs HHVS also employs a Grant Coordinator, who performs professional and financial duties for the Services for Seniors program. The employee works closely with the fiscal component of the Services for Seniors program and provides data entry into the Client Information Resource Tracking System (CIRTS). Additional responsibilities include receiving invoices for vendor's services and provide billing data to Senior Choices for payment to the respective vendors. In addition, the Grant Coordinator provides oversight for the services and contribution reports that report the number of units and the amount of funds expended to date and variance from current spending patterns. This information is reviewed by program and fiscal staff on a regular/weekly basis to ensure appropriate spending patterns associated with client needs are being established for both the current individuals and new clients associated with the service. Fiscal staff communicates information to the Grants Coordinator in order to maintain the requirements of grants associated with the lead agency responsibilities. The Grant coordinator is supported by a Manager/Federal and State Grants with extensive experience in grant and contract management as well as a social services background. The Nutrition Program directly provides nutrition education, outreach services and meals. The lead agency contracts with a Registered Dietician for nutritional counseling services and authorizing use of nutritional education, menus and meal data cycle analysis. The Services for Seniors program utilizes the Limited English Proficiency program as well as nutrition staff members for translation with the clients that don't speak English. There is a case manager assistant available for home bound client assessments and speaking to clients on the telephone. The case manager assistant aide has over one year of experience working with clients in Collier County and assists clients weekly. 02. Client Targeting and Outreach: Targeting Goals: For the 2014 OAA contract year, this agency expects to provide service to 250 total (unduplicated) clients annually. • Of these clients, we anticipate that 200 (80%) clients will be 60+ below poverty level minority clients. .•_ 9 Packet Page-2134- 9/10/2013 16.F.1 . • 80 clients will be 60+ below poverty level non-minority clients. • Additionally, we expect to provide service to 3 clients living in the rural area of our county. Our plan to meet the above targeting goals is as follows: HHVS continues to expend funding for the congregate meal program by cultivating relationships with other senior oriented groups, churches, food pantries and stores. We have opened two additional sites since we began in 2007 adding an additional 200 episodic clients to our base. We attend expos whenever the opportunity exists. We have flyers at all Collier County parks and community centers. Through community networking, we can continue to serve the needy senior population of Collier County. We will distribute flyers, menus and activity calendars to appropriate senior-frequented establishments. The home delivery program serves approximately 120 clients daily and is at capacity. We also partner with the following agencies: Senior Choices Guadalupe Social Services Marion Fether Clinic/ Immokalee Horizons Clinic/Naples Salvation Army The Society of St. Vincent de Paul Naples Community Hospital and its satellite facilities Physician's Regional Medical Center Collier County Social Services Cancer Alliance of Naples The Alzheimer's Support Network Sheriffs Senior Services Division Collier County Sheriffs Office Senior Services Unit The Parkinsons' Association The Shelter for Abused Women and Children Cypress Run and Bromelia House in Immokalee Experience Works Collier County University of Florida Extension Lee County University of Florida Extension These and many other agencies and entities figure into the department's outreach plan, along with maintaining a continuous presence at senior centers, public events, presentations, speaking engagements, interagency councils, and community centers, and by utilizing our public information staff. Case managers are also active in various community organizations which create even more opportunity for outreach. Collier has a slightly older population than the state average and many more retirees arriving each year. The county is also seeing a huge growth in the number of immigrants from Mexico, Latin America, and Haiti. The growing Hispanic community makes up 25.6 percent of the population with many of those first-generation immigrants speaking only their native language. As a result, there is significant linguistic isolation (English not spoken in the home), particularly in the areas of Golden Gate City and Immokalee. The io (.1( Packet Page -2135- 9/10/2013 16.F.1 . department has outreach for this population and access to a network of translators for multiple languages. Both the informational website and informational brochures are available in Spanish. HHVS addresses the needs of the BPL (below poverty level) elder population by providing for nutritional needs and nutritional counseling, facilitating access to transportation services, assistance with prescription and medical care costs, in-home personal and housekeeping care, emergency alert systems, caregiver support, day care for dementia patients, and more, with outreach with and through networks it has created and fostered for many years. HHVS continues to strive to meet the needs of Collier's most frail and vulnerable populations, thus meeting the target goals for Collier County. Q3. Client Confidentiality Safeguards: (Specify procedures and training efforts. Include copy of privacy notice) HHVS is committed to providing confidentiality for all clients receiving, or waiting to receive, services from OAA and other programs that we administer. Our networks have restricted access to further ensure confidentiality of our clients. CCHHVS has and follows a Health Insurance Portability and Accountability Act (HIPAA) Standard Operating Procedure which has been attached to the Master Documents (Appendix I). All employees are cognizant of the Health Insurance Portability and Accountability Act of 1996 and have signed a Confidentiality Agreement. Employees are trained in HIPAA regulations and are knowledgeable of how to contact the Privacy Officer in the Department should a client request information regarding the privacy practices. HHVS staff is careful with client information when dealing with other agencies. Only that information which needs to be shared in order to provide the best service and ensure the clients safety is given out on a need to know basis. All Services for Seniors staff is considered in the circle of need to know. Client files are kept in lockable file cabinets. The intake information for the waiting list and other files relating to clients, are in lockable file cabinets as well. Closed files are maintained for the mandated five years in locked filing cabinets or off-site storage. After the time is up, they are shredded. Files can only be accessed by authorized nutrition staff. Access to CIRTS is safeguarded by individual passwords that are initiated and changed periodically by the Senior Choices of Southwest Florida. When services are available to meet the client's needs, staff members of HHVS explains the process of authorizing services to the client and obtains a signed Release of Information form. This release gives the staff permission from the client to give pertinent data to the service provider agency so that services can be arranged and provided. This release also allows the staff to access other services and resources on behalf of the client. All HHVS clients are notified of their right to privacy of protected health information. Services for Seniors clients, upon receipt of the Notice of Privacy Practices, signs a 11 Packet Page -2136- t '�1' 9/10/2013 16.F.1 . statement confirming receipt of this notice. This confirmation is maintained in the client's file. Q4. Grievance Procedures / Process for Reducing or Terminating Services: (Include copy of material given to clients, procedures and method of determining which clients will receive reductions or termination of services.) At the time of enrollment through completing the required assessment, staff will explain the Grievance Procedure to the client. A copy of the Grievance Procedure, as well as the "Minimum Guidelines for Recipient Grievance Procedures Applicable to All Adverse Actions Deemed Terminations, Suspensions, or Reductions in Service" is given to the client. The client signs the Grievance Procedure confirming this procedure has been explained and is maintained in the client's file. When a client files a grievance and requests to implement the appeal process, the supervisor references this document and includes a copy of the signed form in the correspondence to the client. CCHHVS has a Standard Operating Procedure for the Seniors Program related to the Grievance Procedure. A copy of the Standard Operating Procedure, Grievance Procedure and the Minimum Guidelines are included in the Master Documents (Appendix II). If a client is being considered for reduction of service, the supervisor will consider the impact of the reduction. If the client will be put "at risk" and no non-DOEA service is available to offset the risk, then no reduction will be made. If the client is able to absorb the change and/or the services is available through another source, the client will be given ten (10) days notice in order to "grieve" the decision. This same process will also be applied to the termination of service. If the client requests a reduction or termination of service on their own, the ten (10) day rule and the right to grieve will not apply. Notification of any adverse actions (such has reducing or terminating services) is completed by sending a letter to the client at least 10 days in advance of any action with information related to the Grievance Procedure. If the client chooses to implement the Grievance Procedure, services cannot be reduced or terminated during this process. All actions taken are to be documented clearly by the coordinator or Supervisor in the client's case narratives and all correspondence maintained in their files. Q5. Plan For Coordination Between aging network providers: (Include plan for sending/receiving referrals, sharing clients, coordination of services Eligible home bound clients are acquired through the wait list established by Senior Choices. Any clients who contact nutrition staff directly are referred to Senior Choices. They are then contacted by a nutrition staff member to schedule an appointment. After an assessment has been completed, Meal vendor is contacted and instructed to add the client to the home delivery meal route list. Congregate clients can initiate enrollment by calling the nutrition program directly or walking in at their local meal site if funding is available; otherwise they would be referred to Senior Choices. Meal vendor is then instructed to send a meal on behalf of the client. Any clients that appear to need additional services are referred to a local resource. Case managed clients who qualify for meals can be referred to the nutrition program by their case manager. Case managers and the supervisor work together in enrolling, discontinuing, placing on hold, resuming, adding and reducing meals for clients. 12 t_ S i Packet Page-2137- .__: 9/10/2013 16.F.1 . Q6. Plan to Maintain Quality Control and Monitor Client Satisfaction: (Describe both internal and external methods to assure quality services and process for determining consumer satisfaction. Include sample satisfaction surveys. Include procedures for handling client complaints grievances and unusual incidents.) Housing, Human and Veteran Services has developed both internal and external methods to assure quality services and to determine client satisfaction. All meal sites are monitored on a quarterly basis for program compliance. For new clients, a two week follow up is given. Annual satisfaction surveys are distributed to all participants and results are reviewed carefully. When presenting new menu items, meal site coordinators verbally query participants for their satisfaction and randomly on meals that are served on every menu cycle. Clients are encouraged to attend semi-annual Advisory Council meetings to express areas of concern, likes and dislikes, questions and comments. Home delivered routes are monitored quarterly for cleanliness, use of appropriate holding equipment; verification that clients are actually receiving meals and to ensure meals are at proper temperatures. External effectiveness is also evaluated through both programmatic and contractual grantor monitoring. Through this process we are notified of any deficiencies and suggestions for corrective actions. As a proactive measure, this agency initiates an annual satisfaction survey to each client we serve. The feedback is invaluable in providing what we do well and areas needing improvement. The survey also allows clients to voice areas of need and what other community resources might better fulfill their needs. All clients are surveyed annually and receive contact information through the monthly nutrition education they receive. All complaints are noted, addressed and followed up on, as applicable. Meals complaints are addressed with the vendor at Airok time of occurrence and during the annual monitoring. Program complaints are addressed by either assessing and correcting said issue or asking client if they have a suggestion. Grievances are guided by the grievance procedure (attached). Unusual incidents, dealt with on an individual basis, are documented and followed up with if necessary. If changes need to be made or situations need to be addressed polices will be followed Every effort is made to accommodate clients' needs and preferences. As a result of the above, the Collier County Nutrition Program maintains a high level of accountability. We are committed to using these various tools to provide an effective program servicing the nutritional needs of Collier County's elderly. Sample of satisfaction surveys (Appendix Ill). Q7. Please provide a list of Meal Site locations: Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL 34116 239-252-4195 East Naples Community Park 3500 Thomasson Dr. Naples, FL 34112 239-774-2956 13 Packet Page -2138- i c_aC7 9/10/2013 16.F.1 . Roberts Center 905 West Roberts Ave. Immokalee, FL 34142 239-657-2823 Goodlette Arms 950 Goodlette Road N. Naples, FL 34102 239-252-2233 Service Delivery (SD) a. Description of Service Delivery and Coordination Plan: (Provide one sheet for each of the services that you propose to provide) Nutrition Services: Congregate Meals Congregate Meals Screening Home Delivered Meals Outreach Nutrition Education Nutrition Counseling Home Delivered Meal Screening and Assessment 14 Packet Page -2139- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION SERVICE: Congregate Meals SITE LOCATION/s: (If different from Summary Page; provider may attach a list of sites.) FUNDING: X III-C-1, ❑ III-C-2, PROVIDED: Directly X To Be Subcontracted DAYS AVAILABLE: Goodlette Arms Monday, Wednesday, Friday except Holidays.All other sites Monday-Friday except for Holidays HOURS AVAILABLE: 8:30 am-1:00 pm at Roberts Center; 11:00 am-1:00 pm East Naples, Golden Gate Community and 11:00 a.m.- 12:00 p.m. at Goodlette Arms. ACTIVITIES INCLUDED: Provide a noontime meal (Roberts Center includes breakfast)to eligible clients at 4 sites following all regulations regarding safe food handling, temperatures, and minimum RDA compliance. The meal site coordinator completes the 701C. Educational, nutritional and physical activities and programs are coordinated by the Housing, Human and Veteran Services Dept. M-F from 11-1 in Naples(Goodlette Arms provides their own activities)and 9-12 in Immokalee. COORDINATION Clients who walk in will be provided a guest meal and then information will be METHODS USED TO obtained by the Meal Site Coordinator to complete the assessment. Clients will be ASSURE CLIENT required to sign in and pre-register for meals to avoid over and under-ordering. CIMS CHOICE, SERVICE and CIRTS are checked to verify clients are not already receiving home delivered AUTHORIZATION meals. AND AVOIDANCE OF DUPLICATION OF SERVICE. COMMUNICATION Clients interested in meals can call or stop by a meal site. If there is availability, client PROCESS BETWEEN can enroll; otherwise client is referred to the Elder Helpline to get on the wait list. AGENCY,PROVIDER Client waitlist is checked monthly when funds are available to add clients. Once an &CLIENT opening becomes available, client can be enrolled. USE OF PROGRAM INCOME-HOW WILL IT BE USED TO Meals are provided free, however clients have the option of making a donation and INCREASE these monies will be used to provide more meals. AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative SDI Approved as to form and legality is . Wisi.stant Co ty Attorney Packet Page -2140- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION SERVICE: Congregate Meals Screening SITE LOCATION'S: (If different from Summary Page; provider may attach a list of sites.) FUNDING: Ill-C-1, ❑ III-C-2 PROVIDED: x Directly To Be Subcontracted DAYS AVAILABLE: Monday - Friday HOURS AVAILABLE: 8:30 am — 1:00 pm at Roberts Center; 11:00 am—1:00 pm East Naples, Golden Gate Community and 11:00 a.m. —12:00 p.m. at Goodlette Arms. ACTIVITIES Interviewing clients and potential clients through the use of standard screening INCLUDED: assessment instruments(701C)and processing necessary paperwork to determine need/eligibility for meals. Service will be performed by meal site coordinator, supervisor or case manager assistant. COORDINATION METHODS USED TO All clients will be given choice when available. Potential clients and existing clients ASSURE CLIENT receive screening annually to confirm their needs and eligibility. Any indication from CHOICE, SERVICE client or staff that client's needs have changed may result in referral to case AUTHORIZATION management staff. Client files include all required paperwork and signed documentations. CIMS and CIRTS are checked to see if client is already receiving AND AVOIDANCE OF services in another program/territory. DUPLICATION OF SERVICE. COMMUNICATION PROCESS BETWEEN All paperwork will be kept up to date and communicated to all staff and providers AGENCY,PROVIDER including service authorizations, terminations and updated assessment information. &CLIENT USE OF PROGRAM INCOME—HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative SDI Approved as to form and legality 16 'Assistant unty Attorney Packet Page -2141- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION Agok SERVICE: Home Delivered Meals SITE LOCATION/S: (If different from Summary Page; provider may attach a list of sites.) FUNDING: ❑ III-C-1, III-C-2 PROVIDED: Directly x To Be Subcontracted DAYS AVAILABLE: Monday—Friday HOURS AVAILABLE: 8:00 am—5:00 pm (frozen) ACTIVITIES Delivery of frozen home delivered meals to frail and homebound clients throughout INCLUDED: Collier County. All regulations regarding meal delivery times, temperatures and RDA compliance and quarterly monitoring will be strictly adhered to. COORDINATION METHODS USED TO Home delivered meals clients are assessed and referred to Senior Choices, case ASSURE CLIENT managers, case management supervisor, nutrition staff, or the supervisor and a CHOICE,SERVICE service authorization completed. Clients will receive home delivered meals the AUTHORIZATION following week; however same day meal service will be possible if necessary. Frozen meals are offered to clients who receive this service. Most clients will receive AND AVOIDANCE OF either 5 or 7 meals a week but clients with an extreme need can be considered for 14 Atowitx- DUPLICATION OF meals. The Supervisor of Food Programs coordinates and oversees meal routes SERVICE. which are all positioned county wide. The assessor will complete the Client Evaluation Form for Frozen Meals to determine their ability to safely utilize the frozen choice. A Service Order/Change Order for case managed clients will be completed and forwarded to the supervisor when a change is needed. CIMS and CIRTS are checked to see if client is already receiving services in another program/territory COMMUNICATION The nutrition staff or dietician will inform the case manager or supervisor immediately PROCESS BETWEEN of problems, changes or health issues noticed in clients.Client waitlist is checked AGENCY, PROVIDER monthly when funds are available to add clients. Once an opening becomes &CLIENT available, client can be enrolled. USE OF PROGRAM INCOME—HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative SD1 Amok Approved as to form and legality j 17 Assistant County Attorney Packet Page -2142- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION SERVICE: Home Delivered Meals Screening and Assessment SITE LOCATION/S: (If different from Summary Page; provider may attach a list of sites.) FUNDING: ❑ III-C-1, XI III-C-2 PROVIDED: x Directly To Be Subcontracted DAYS AVAILABLE: Monday—Friday HOURS AVAILABLE: 8 am—5 pin ACTIVITIES Upon the noting on the wait list that the client is next to be seen based on the priority INCLUDED: score, a nutrition staff member will arrange for and complete a home visit. The client is assessed with the OAA portion of the 701A. IIIC clients must be screened and assessed annually. Case managed clients who also receive home delivered meals are assessed annually by their case manager. COORDINATION At the time of the home visit the staff member will apprise the client of available METHODS USED TO resources and screen for eligibility for other programs not part of the nutrition program. If the client chooses to receive services through the Services for Seniors ASSURE CLIENT program, the client and staff member will determine needed services and resources CHOICE,SERVICE available. AUTHORIZATION The provider for the meal service is discussed with the client and the assessor will AND AVOIDANCE OF explain the procedure while reasonably accommodating all the clients' requests. DUPLICATION OF Authorization is sent to the agency to provide said service. CIMS and CIRTS data SERVICE. base will be checked to ensure client is not already receiving any meals services through HHVS. COMMUNICATION Communication is open between the sites/providers and CCHHVS to ensure that the PROCESS BETWEEN appropriate service is being provided to each person. Communication between the client and CCHHVS is always open to address any service provision issues, to AGENCY, PROVIDER assure satisfaction with service and to assure the clients' needs are being met. The &CLIENT nutrition program has a dedicated phone line for all meal clients to call for information. USE OF PROGRAM INCOME—HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative SDI Approved as to form and legality ssictant Cmirky' Attorney Packet Page-2143- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION iost SERVICE: Nutrition Counseling SITE LOCATION'S: (If different from Summary Page; provider may attach a list of sites.) FUNDING: ❑ M III-C-1, X III-C-2 PROVIDED: Directly x To Be Subcontracted DAYS AVAILABLE: Monday-Friday by appointment or published presentation HOURS AVAILABLE: 8 am—5 pm or by appointment ACTIVITIES Individualized advice and guidance to elders at nutritional risk due to history, dietary intake, medication use or illness. INCLUDED: Counseling will be provided at congregate meals sites either by group or individually and by phone or home visit for homebound clients. Counseling will be conducted by our nutrition consultant, who is a Registered Dietician. COORDINATION METHODS USED TO Although nutritional counseling will be primarily utilized by nutrition services clients, ASSURE CLIENT case management staff may refer high risk clients not receiving meals who could CHOICE, SERVICE benefit. A nutrition counseling referral will be filled out by the case management staff AUTHORIZATION and forwarded to the nutrition consultant to initiate the service. AND AVOIDANCE OF DUPLICATION OF SERVICE. COMMUNICATION The nutrition consultant notifies the supervisor immediately of problems, health PROCESS BETWEEN issues or decline of the client. Clients who qualify for NUCO will receive service if AGENCY,PROVIDER they would like to receive it. Clients not eligible but still interested in NUCO will &CLIENT receive service if funds are available. USE OF PROGRAM INCOME—HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative SDI Approved as to form and legality Assistant Coftnty Attorney 19 Packet Page -2144- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION SERVICE: Nutrition Education SITE LOCATION/S: (If different from Summary Page; provider may attach a list of sites.) FUNDING: XI III-C-1, X III-C-2 PROVIDED: X Directly X To Be Subcontracted DAYS AVAILABLE: Monday-Friday or by appointment HOURS AVAILABLE: 8 am—5 pm or by appointment or published presentation ACTIVITIES A program of regularly scheduled presentations is provided in a group setting at the INCLUDED: meal sites done by or overseen by our nutrition consultant. Activities include preparation of visual aids and printed handouts. Talks at meal sites and guide materials are also used to train staff in the nutrition program. Nutrition material such as brochures, newsletters or pamphlets will be delivered to home meals clients through mail delivery. Clients and caregivers may call the nutrition staff to discuss. COORDINATION METHODS USED TO Although nutrition education is primarily utilized by nutrition services clients our sites METHODS are open to and can accommodate clients from all programs. Services for Seniors ASSURE CLIENT staff members can encourage all clients to participate. Any senior interested in only CHOICE,SERVICE nutrition education is welcome to come to any of our sites as a guest. All meal clients AUTHORIZATION receive nutrition education on a monthly basis. Signature sheets and meal route lists AND AVOIDANCE OF are checked to ensure clients are not double billed. DUPLICATION OF SERVICE, COMMUNICATION Nutrition consultant notifies case manager or supervisor immediately with any PROCESS BETWEEN concerns, health issues or client decline.All clients added for meals receive this AGENCY, PROVIDER service. Once service has been provided documentation is sent to Senior Choices &CLIENT verifying who received Nutrition Education for the month and what the topic was. USE OF PROGRAM INCOME—HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative Approved as to form and legality SDI 20 'Assistant Co my Attorney Packet Page-2145- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION SERVICE: Nutrition Outreach SITE LOCATION/S: (If different from Summary Page; provider may attach a list of sites.) FUNDING: X III-C-1, X III-C-2 PROVIDED: x Directly To Be Subcontracted DAYS AVAILABLE: Outreach is scheduled whenever there is an opportunity to present information for the elderly to appropriate individuals HOURS AVAILABLE: See above ACTIVITIES Outreach efforts are targeted to all elders in the community with special efforts to INCLUDED: reach those in low income, minority or less accessible areas. This includes participation in health fairs, senior expos, exhibits and other activities where seniors would be present. It also includes speaking engagements, distribution of brochures, news articles, web site information and participation in local interagency organizations and groups that includes professionals or service providers who have regular contact with seniors. COORDINATION Efforts are made to reach areas of greatest social and economic needs, METHODS USED TO neighborhoods with large numbers of low income, minority elderly and also rural Aftik ASSURE CLIENT areas. The goal is to identify service needs and link potential participants to CHOICE,SERVICE appropriate and available resources. Coordinated publicity via various media outlets, AUTHORIZATION local community papers and speaking opportunities at neighborhood events or AND AVOIDANCE OF churches will be coordinated among key staff in the nutrition program area, services DUPLICATION OF for seniors and the public services division. SERVICE. COMMUNICATION Constant communication through staff meetings, memos, calendars and flyers will PROCESS BETWEEN keep agency, provider and client informed of outreach efforts and potential program AGENCY,PROVIDER participation. &CLIENT USE OF PROGRAM INCOME—HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative Approved as to form and legality l t 21 Assistant C my Attorney Packet Page-2146- 9/10/2013 16.F.1 . Nutrition Assurances: In accordance with the nutrition requirements of Title III-C of the Older Americans Act Janet Calderwood R.D., L.D./N (Name of Nutrition Consultant) will provide Nutrition Consultation for the congregate/home delivered meals program of Collier County Housing, Human and Veteran Services (Name of Provider) Janet Calderwood R.D., L.D./N (Name of Nutrition Consultant) is a registered/licensed dietitian whose current registration number from the Commission on Dietetic Registration is: 926084 and/or whose license number from the Florida Department of Professional Regulation is: , or whose qualifications the Area Agency's nutrition consultant or the Department of Elder Affairs has approved. The Nutrition Consultant Agreement for Services and a current resume of the Nutrition Consultant will be included in the proposal at the beginning of each bid cycle and updated when there is a staff change. Collier County Housing, Human and Veteran Services. (Name of Provider) also agrees that all menus will be submitted to Senior Choices prior to their use and after the Provider's RD / LDN has reviewed, approved and signed the menus. This approval will assure that each meal complies with the current Dietary Reference Intake/Adequate Intake (DRI/AI) and Dietary Guidelines For Americans, published by the Secretary of Health and Human Services and the Secretary of Agriculture, based on the documentation of a computerized assisted nutrient analysis. Project Director Signature Date Menus: Address special menus for both congregate and home delivered meals, choice of meals and/or provider for home delivered meals. Al 22 Packet Page -2147- 9/10/2013 16.F.1 . Awsk Statement of Compliance with Service Standards and Requirements: 1, Leo E. Ochs, Jr. have read and understand the requirements and standards for the services included in this Request for Proposal for which my agency/company, Collier County Housing, Human and Veteran Services, is bidding. I hereby issue this statement of assurance that this agency/company is in compliance with and is able to meet all of the requirements and standards noted in both the Department of Elder Affairs July 2013 Client Services Manual and the Home and Community Based Services Handbook for services included in this proposal. 8/27/2013 Authorized Representative Date Avaitit Approved as to form and legality - . ----Assistant County Attorney A2 73 Packet Page-2148- 9/10/2013 16.F.1 . HIPAA Compliance Assurance: I, Leo E. Ochs, Jr. , as an authorized representative of Collier County Housing, Human and Veteran Services , hereby issue this statement of assurance that this agency/company has determined that: [X] it is considered a "covered entity" and is in compliance with and is able to meet all of the requirements of the Health Insurance Portability and Accountability Act of 1996. [ ] it is not considered a "covered entity," but will comply with the intent of the Act in the areas of privacy, security and bitting. Authorized Representative 8/27/2013 Date Approved as to form and legality Assistant County Attorney A3 24 Packet Page-2149- 9/10/2013 16.F.1 . Certification (signed statement) of availability of 60 days operating funds: I, Leo E. Ochs, Jr. , as an authorized representative of Collier County Housing, Human and Veteran Services, certify that this firm has and maintains sufficient funds to continue operating at current levels for a minimum of 60 days. Authorized Representative 8/27/2013 Date Approved as to form and legality Assistant County Attorney A4 25 Packet Page -2150- 9/10/2013 16.F.1 . Statement of No Involvement and Contract Terms and Conditions: STATEMENT OF NO INVOLVEMENT I, Leo E. Ochs, Jr., as an authorized representative of Collier County Housing, Human and Veteran Services, certify that no member of firm nor any person having interest in this firm has been awarded a contract by the Department of Elder Affairs on a noncompetitive basis to: (1) develop this Request for Proposal; (2) perform a feasibility study concerning the scope of work contained in this RFP; or (3) develop a program similar to what is contained in this RFP. Authorized Representative 8/27/2013 Date Approved as to form and legality 'Assistant Coup +Attorney 5 26 Packet Page -2151- 9/10/2013 16.F.1 . CONTRACT TERMS AND CONDITIONS I, Leo E. Ochs, Jr., as an authorized representative of Cower County Housing, Human and Veteran Services , certify that this firm agrees to all the terms and conditions of the contract as set forth in this Request For Proposal. Authorized Representative 8/27/2013 Date Approved as to form and legality sistant Countyttorney A6 2'7 Packet Page -2152- 9/10/2013 16.F.1 . CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Federal Register, pages 20360-20369). (1) The prospective recipient certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs by any federal department or agency. (2) Where the prospective recipient is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification. Signature Date Leo E. Ochs, Jr., County Manager Name and Title of Authorized Individual Approved as to form and legality (Print or type) Assistant County' ,ttomey Collier County Housing, Human and Veteran Services Name of Organization A7 28 Packet Page -2153- 9/10/2013 16.F.1 . ADMINISTRATIVE ASSESSMENT OF POTENTIAL PROVIDERS Agency: Collier County Housing, Human and Veteran Services Date: 8/23/2013 Address: 3339 Tamiami Trail E. Suite 211 No. of employees: 40 Naples, FL 34112 No. of locations of business: 1 Director/Owner' s Name: Kimberley Grant Administrative Assessment: An assessment of your organizations managerial, financial, and administrative capabilities will be made on the basis of your response. If any response is other than "yes" or"no", please reference the appropriate question and give your response on a separate page. This information must be completed and returned with the response to our Request for Proposal. Fl Amok 29 Packet Page -2154- 9/10/2013 16.F.1 . o _ ADMINISTRATIVE ASSESSMENT CHECKLIST YES NO . OTHER 1 Procurement Are written purchasing policies for procurement of supplies, equipment, x construction, and other services on file? 2 Accounting a. Are financial reports prepared monthly for internal management purposes? x b. Does an independent auditor perform a certified audit annually? x c. Are basic books of accounting maintained? x (1) General ledgers x (2) Project ledgers x (3) Accounts receivable/cash x (4) Accounts payable/cash Disbursement journal x d. Is there adequate segregation of duties among personnel in the accounting x functions listed below? (1) Is payroll prepared by someone other than the timekeepers and persons who x deliver paychecks to employees? (2) Are duties of the bookkeeper separate from cash-related functions? x (3) Is the signing of checks limited to those authorized to make disbursements x and whose duties exclude posting and recording of cash received? (4) Are personnel performing disbursement functions excluded from the x purchasing, receiving, inventory, and general ledger services? (5) Are accounting records retained for a period of 5 years? x (6) Does Provider maintain adequate liability insurance coverage? x 3 Personnel a. Are personnel policies in writing and approved by appropriate authority? x b. Are job descriptions provided to all employees at time of initial employment? x c. Are job descriptions on file for all positions? x d. Is each staff member appraised on performance, at least annually? x e. Are staff members asked to review and comment on their evaluations? x Fl 30 Packet Page -2155- 9/10/2013 16.F.1 . MATCH COMMITMENT OF CASH DONATION [X ] Original, dated 8/23/2013 SFY: FEY: 14 Contract Amendment# Agency Name: Collier County HHVS Program: X III-C-1, X III-C-2, Donor Identification: Name: Collier County Housing Human and Veteran Services Street: 3339 Tamiami Trail E, Suite, 211 City: Naples State: FL Zip: 34112 Phone: 239-252-2273 Authorized Representative: Leo E. Ochs Jr., Count Manager Total Amount # Payments Amount/Payment Contribution Period $30,693.39 12 $2,557.78 Jan. 1- Dec. 31, 2014 Special Conditions: Third Party Donors: (Please identify all sources of this cash donation below) ❑ County Government: ❑ City Government: ❑ City Government: ❑ Other: Donor Certification: I hereby certify intent to make the cash donation set forth above for use in the specified program during the program's upcoming funding period. This cash is not included as contribution for any other State or Federally assisted program or any Federal contract and is not borne by the Federal government directly or indirectly under any federal grant or contract. X Date: Signature of Donor or Representative F2 Approved as to form and legality Assistant County Attorney Packet Page-2156- 9/10/2013 16.F.1 . MATCH COMMITMENT FOR DONATION OF BUILDING SPACE [] Original, dated SFY: FFY: Contract Amendment# Agency Name: N/A Program: ❑ ill-C-1, ❑III-C-2, Donor Identification: N/A Name: Street: City: State: Zip: Phone: Authorized Representative: Description of Space: [] Office [ ] Site [] Other Provider Owned Space: 1. Number of square feet used by project sq.ft. 2. Appraised rental value per square foot $ /sq.ft. 3. Total value of space used by project (1x2) $ Donor Owned Space: 1. Established monthly rental value $ 2. Number of months rent to be paid by donor months 3. Value of donated space (1x2) $ Special Conditions: Donor Certification: The space being donated is owned and 'donated' by: I hereby certify intent to donate use of the space set forth above for the program specified above during the program's upcoming funding period. This space is not being used as match for any other State or Federal program or contract. X Date: Signature of Donor or Representative F3 32 Packet Page -2157- 9/10/2013 16.F.1 . MATCH COMMITMENT OF SUPPLIES [j Original, dated SFY: FFY: Contract Amendment# Agency Name: N/A Program: D III-C-1,0 III-C-2, Donor Identification: N/A Name: Street: City: State: Zip: Phone: Authorized Representative: Description of Supplies: The below described supplies are committed for use by the project for the period of: (From) (To) Computation of Value: Value to be claimed by project: $ Special Conditions: Donor Certification: I hereby certify intent to donate these supplies for the program specified above during the program's upcoming funding period. These supplies are not being used as match for any other State or Federally assisted program or contract. X Date: Signature of Donor or Representative F4 33 Packet Page -2158- 9/10/2013 16.F.1 . MATCH COMMITMENT OF EQUIPMENT [] Original, dated SFY: FFY: Contract Amendment# Agency Name: NIA Program: ❑ Ill-C-1, ❑ III-C-2, Donor Identification: N/A Name: Street: City: State: Zip: Phone: Authorized Representative: Description of Equipment: The below described equipment is committed for use by the project for the period of: (From) (To) Acquisition Description of Item Number Cost Value to Project* 1. 2. 3. 4. 5. Total Value Claimed: *Items that are currently owned by the Grantee or are loaned or donated to the project are valued at an annual rate of 6-2/3 percent of the acquisition value. Donor Certification: This equipment is not included as a contribution for any other State or Federally Assisted program or contract and costs are not borne by the Federal Government directly or indirectly under any Federal grant or contract except as provided for under: (cite the authorizing Federal regulation or law if applicable). X Date: Signature of Donor or Representative F5 34 Packet Page-2159- 9/10/2013 16.F.1 . MATCH COMMITMENT OF IN-KIND CONTRIBUTION OF SERVICES BY STAFF OF SERVICE PROVIDER OR STAFF OF OTHER ORGANIZATIONS [1 Original, dated SFY: FFY: Contract Amendment# Agency Name: N/A Program: ❑ III-C-1, ❑ III-C-2, Donor Identification: N/A Name: Street: City: State: Zip: Phone: Authorized Representative: Descriptions of Positions: Position Hourly Rate or # Hours Value to Title Service Annual Salary Worked Project* 1. $ $ 2. $ $ 3. $ $ Total - $ *Value to project = (#of hours worked) x (Hourly rate) or (Annual Salary_ 2080 hrs) x (#of hours worked) Donor Certification: These services are not included as match for any other State or Federally Assisted program or contract and costs are not borne by the Federal Government directly or indirectly under any Federal grant or contract except as provided for under: (cite the authorizing Federal regulation or law if applicable). It is certified that the time devoted to the project will be performed during normal working hours. X Date: Signature of Donor or Representative F5 ometk 35 Packet Page -2160- 9/10/2013 16.F.1 . MATCH COMMITMENT OF IN-KIND VOLUNTEER PERSONNEL AND TRAVEL [] Original, dated SFY: FFY: Contract Amendment# Agency Name: N/A Program: ❑ III-C-1, D III-C-2, Donor Identification: N/A Name: Street: City: State: Zip: Phone: Authorized Representative: The volunteer staff positions identified below will be filled by local volunteers who will be recruited, trained and supervised as an ongoing activity of our agency. We will maintain volunteer records to document individual volunteer activity. Describe Volunteer Effort: Equivalent #of Value Position Title Hourly Rate Hours to Project 1 $ $ 2 $ $ 3 $ $ TOTAL VALUE TO AGENCY $ Equivalent Hourly Rates were determined by: [] Rates for comparable positions within own agency. [] State Employment Service estimate of rates for type of work. [ ] Rates for comparable positions within other local agencies. ESTIMATED X RATE PER MILE = VALUE MILEAGE Donor Certification: I hereby certify that commitments have been received from individual volunteers or groups sufficient to provide the volunteer hours and travel identified above. X Date: Signature of Agency Official Name: F7 36 Packet Page-2161- 9/10/2013 16.F.1 . Acceptance of Service Rates Ask In accordance with the contract requirements of Title IIIB and Title IIIE and Title IIIC of the Older Americans Act and this bid document Collier County Housing, Human and Veteran Services Agrees to provide the service proposed in this proposal for the approved contracted rates. 8/27/2013 Signature of Authorized Agency Representative Date Approved as to form and legality "Assistant C ►ty Attorney F8 oak 37 Packet Page-2162- 9/10/2013 16.F.1 . SERVICE UNIT RATE QUOTE Proposed Service Proposed Rate/s* Congregate Meals Total Unit cost $ 9.84 90% Reimbursement Rate $ 8.86 Home Delivered Meals Total Unit cost $ 9.77 90% Reimbursement Rate $ 8.79 Outreach Total Unit cost $ 4.80/per person 90% Reimbursement Rate $ 4.32/per person Nutrition Education Total Unit cost $ 1.80 90% Reimbursement Rate $ 1.62 Nutrition Counseling Total Unit cost $ 58.89 90% Reimbursement Rate $ 53.00 38 Packet Page -2163- 9/10/2013 16.F.1 . SERVICE UNIT RATE QUOTE Aft Proposed Service Proposed Rate/s Congregate Meal Screening Total Unit cost $ 31 .11 90% Reimbursement Rate $ 28.00 Home Delivered Meals Screening and Assessment Total Unit cost $ 50.00 90% Reimbursement Rate $ 45.00 *Based upon current PSA 8 rates. oak 39 Packet Page -2164- 9/10/2013 16.F.1 . Appendix I HIPPA (Notice of Privacy Practices) 40 Packet Page -2165- 9/10/2013 16.F.1 . Collier County Housing,Human &Veteran Services Department Standard Operating Procedures Health Insurance Portability and Accountability Act (Updated July 12,2013) Purpose: The purpose of this policy is to ensure that all clients will be notified of their rights to privacy of protected health information, as required by the Health Insurance Portability and Accountability Act of 1996(HIPAA)Privacy Rule. Description: All clients will be given a copy of the Notice of Privacy Practices,which will explain how their health information may be used. Procedures: Staff: 1. All staff will read and become familiar with CMA 5207, SANCTIONS FOR FAILURE TO COMPLY WITH HIPAA POLICIES sign a Confidentiality form annually. New employees shall review CMA 5207 and complete the Confidentiality form with 10 business days of the commencement of employment. 2. Staff are not to share any Personal Health Information (PHI)of a client unless on a need to know basis. 3. Faxes are to be sent with cover sheets containing the confidentiality statement. 4. Emails with specific client information should be encrypted. ISPs in general are not encrypted. CIRTS is an encrypted system. ' 5. New employees shall complete training on HIPAA and the Standard Operating Procedures within 30 days of the commencement of employment. All other employees will receive this training annually. Training shall be conducted by the Department HIPAA Privacy Officer. 6. 7. The Department Privacy Officer shall be responsible for obtaining executed Business Associate Agreements from Business Associates. A standard. Business Associate Agreement, approved as to legal sufficiently by the County Attorney's Office, shall be made available by the HIPAA Privacy Officer for use by affected County entities. The HIPAA Privacy Officer shall have the authority to execute the document on behalf of the County. The Department Privacy Officer shall obtain Business Associate Agreements at the commencement of new vendor Agreements or in accordance with the requirements set forth under Federal Law. Offices: 1. A copy of the Notice of Privacy Practices is displayed in the lobby. 2. Client related information and files are in lockable cabinets in secured offices after hours and on weekends. 3. A second key is kept in a case in the over-head cabinet at the Administrative Secretary's desk. 4. Schedules open to public view should not show client identifiable information. 41 Packet Page-2166- 9/10/2013 16.F.1 . 5. Documents put in the file holders on the doors should have identifiable information turned in toward the door. 6. Place items face down on the Case Manager's chair or desk if that Case Manager is not in the room. If a Case Manager is conducting a home-visit,care should be given to PHI that is transported in a vehicle placing items face down so as not to be seen or revealed. 7. All records containing client information must be kept for seven years. 8. Computer monitors shall be placed in a manner that shall prevent intentional or inadvertent viewing by non essential parties.Verbal discussions of client PHI shall be avoided in public areas and shall be confined to private areas whenever possible. Social Services Program: 1. Clients are given an Intake form upon arrival to the office. 2. New clients will be given a copy of the Notice of Privacy Practices(NPP). 3. The Case Manager will explain the NPP and obtain the client's signature of receipt. 4. The client will sign the Authorization/Consent form indicating their receipt of the NPP. 5. The clients will be provided a copy of their signed Authorization/Consent form. 6. The original of the signed Consent is kept in the client's file. 7. Files should be re-filed immediately after the notes are completed. 8. Specific authorization does not have to be given by the client if the transaction is related to treatment or payment(see the NPP under Treatment). 9. Information can be shared with the family of a client provided the client has signed a release of information for the specific family member. Services for Seniors: I. New clients will be given a copy of Notice of Privacy Practices.A signed receipt of the notice is maintained in the client's record. 2. The original signed consent form will be kept in the file.The client signs this form annually. 3. A copy of the Consent will be given to the client. 4. All faxes to any Vendor or the Senior Choices of Southwest Florida(AAA)will have a cover sheet with the confidentiality statement. 5. All emails will have the confidentiality statement(now available on Desktop). 6. CIRTS transactions are encrypted and are HIPAA compliant. 7. Care Plans do not need to be sent to Vendors for Chore only clients. 42 Packet Page-2167- 9/10/2013 16.F.1 . 8. We are considered a Treatment entity and do not need specific authorization to access resources in the course of providing for the client's best interest over and beyond the Authorization. 9. Do not share information with anyone except on a need to know basis. All staff in the HHVS office are considered in the circle of need to know and need to comply by annually signing the HHVS Policy on Confidentiality; staff agree to protect all clients' HIPAA and confidential information. Miscellaneous: 1. If the client has a complaint or concern then they are to be referred to the Privacy Officer Assistant. 2. The clients have the right to request: ❑ Access to their records C1 Amendments to their records Restriction to access of their records 3. The client has the right to file a complaint about the privacy policies. 4. The client's legal representative has the right to access the client's information in lieu of the client. A olaw 43 Packet Page -2168- 9/10/2013 16.F.1 . Appendix II Service for Seniors Grievance Procedure 44 Packet Page-2169- 9/10/2013 16.F.1 . rye Pubic Services Divisi n Housii ,Human&Veteran Services SERVICES FOR SENIORS GRIEVANCE PROCEDURE Collier County Services for Seniors staff endeavors to provide quality service to each of our clients.In the event of client disagreement with this agency's client care decisions; the following grievance procedure is available to all clients: Step 1: Discuss with your Case Manager the problematic issue. If resolution at this level does not meet your expectations: Step 2: A formal meeting*between the client,Case Manager,and Case Management Supervisor will be arranged.If resolution following this meeting is not acceptable: (*Phone conferences may be substituted) Step 3: A formal meeting between client,Case Management Supervisor, and Department Director will take place. If resolution following this meeting is not acceptable: Step 4: A written request by the client for a formal hearing with the Case Management Supervisor, Department Director,and Public Services Administrator will take place at the office of the Public Services Administrator. A written response detailing the date and time of this hearing will be sent to the client within 2 weeks of receipt of the client's request. Final determination of appropriate action on this level will be determined at this hearing. Address requests for this meeting to: Public Services Administrator 3339 Tamiami Trail East,Rm 217 Naples,FL 34112 Step 5: This decision may be appealed to the Area Agency on Aging by written request to: Senior Choices of Southwest Florida—Executive Director 15201 N.Cleveland Ave.,Suite#1100 North Fort Myers,FL 33903 Please be aware the case notes and any pertinent correspondence with the clients will be referenced throughout this process. If any part of this procedure requires further clarification,please call the Case Management Supervisor at 239-2.52-2696 Signature below confirms receipt of the`Minimum Guidelines for Recipient Grievance Procedures". Client Signature Date Cm Initials Client Signature Date Cm Initials Housing, fa Human and Veteran,Services maw Tama Ira(•HrtA)rlllaatig• 1731117 21)252z ARE(2m •239 2s24i (om)•239292 17233)•239.432Jt9YP(ITBT#. VETStmar}•*ara hasp u,nataystagnerecas 45 Packet Page -2170- 9/10/2013 16.F.1 . MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS OR REDUCTIONS IN SERVICE Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families(DCAF)Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE RECIPIENT OF ADVERSE ACTION TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION • The recipient must be informed by the decision maker of the action,in writing,no less than 10 calendar*days prior to the date of the adverse action wilt be taken. (Prior notice is not applicable where the health and safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable.) • Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. • The Notice must contain: • A statement of what action is intended to be taken; • The reason for the intended action; • An explanation of: 1. The individual's right to a grievance review if requested in writing and delivered within 10 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual); 2. In Medicaid Waiver actions,the individual's right to request a fair hearing from DCAF; 3. The individual's right,after a grievance review,for further appeal; 4. The right to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue until a final decision is made regarding the adverse action; and a statement that the individual may represent himself/herself or use legal counsel,a relative,a friend,or other qualified representative in the requested review proceedings. • All records of the above activities must be preserved in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW • Within 7 calendar*days of the receipt of a request for review,the provider must acknowledge receipt of the request by a written statement delivered to the requester.This statement must also provide notice of: o the time and place scheduled for the review; 1 46 Packet Page -2171- 9/10/2013 16.F.1 . o the designation of one or more impartial reviewers who have not been involved in the decision at issue; o the opportunity to examine,at a reasonable time before the review,the individual's own case record,and to a copy of such case record at no cost to the individual; o the opportunity to informally present argument,evidence,or witnesses without undue interference at a reasonable time before or during the review; o a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted. • • All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination of the action in question. • The reviewer(s)must provide written notification to the requester,within 7 calendar*days after the grievance review,stating: o the decision,the reasons therefore in detail; o the effect of the decision has on current benefits, if favorable; or the circumstances regarding continuation of current benefits until all appeals are exhausted; o the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7 calendar* days,except in decisions involving the professional judgment of a legal assistance provider; o the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; o the opportunity to be represented by himself/herself or by legal counsel,a relative, a friend or other qualified representative; o for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE AREA AGENCY ON AGING • Within 7 calendar*days of the receipt of a notice of appeal of a grievance review decision,the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: o the time and place scheduled for the appeal; o the designation of one or more impartial AAA officials who have not been involved in the decision at issue; o the opportunity to examine at a reasonable time before the appeal the individual's own case record to date,and to a copy of such case record at no cost to the individual; o the opportunity to informally present argument,evidence,or witnesses without undue interference during the appeal; 2 47 Packet Page-2172- 9/10/2013 16.F.1 . o assistance,If needed,in order to attend the appeal; o and the stopping of the intended action until all appeals are exhausted. • All appeals of grievance reviews must be conducted at a reasonable time,date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. • The designated AAA official(s) must provide written notification to the requested within 7 calendar*days after considering the grievance review appeal,stating: o the decision,and the reasons therefore In detail; o the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; o the individual's right to appeal,if applicable. • Except for Medicaid Waiver actions,the decision of the AAA shall be the final decision;and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. • All records of the above activities must be preserved and remain confidential.A copy of the final decision must be placed in the client's file. *In computing any period of time prescribed or allowed by these guidelines,the last days of the period so computed shall be included unless it is a Saturday,Sunday or legal holiday,in which event the period shall run until the end of the next day which is neither a Saturday,Sunday or legal holiday. 3 48 Packet Page -2173- 9/10/2013 16.F.1 . Alow Appendix III Sample of Satisfaction Surveys 49 Packet Page-2174- 9/10/2013 16.F.1 . Housing, n Collier County Nutrition Services Human and Participant Satisfaction Survey - October 2012 Veteran ervices GGCC - Golden Gate Nownwannsummismamimi of Collier County 1. Has your participation in the Collier Nutrition Program helped you feel less isolated? YES NO If Yes, How: 2. If you were depressed before coming, has your participation helped you feel less depressed? YES NO N/A If Yes, How: 3. In the time since you have been participating would you say that your emotional well being has improved? YES NO N/A If Yes, How: 4. In the time since you have been participating, have you learned more about good nutrition and healthy eating? YES NO 5. How long have you been eating at the Golden Gate site? 6. Is the staff friendly and helpful? YES NO 7. Are you happy with the selection of food? YES NO 8. Do the meals you receive taste good? YES NO 9. Are you happy with the activity programs?YES NO 10. What other activities would you like to see? Please list: 11. Are you happy with the amount of time you spend here? YES NO Additional comments,suggestions, ideas: Client Name: (OPTIONAL) Thank you for responding! Collier County Riblic services Division Housing,Human&Veteran Services 50 Packet Page-2175- 9/10/2013 16.F.1 . Atook Housing Collier County Nutrition Services Human and Participant Satisfaction Survey - October 2012 Veteran Services IMMK - Immokalee of Collier County 1. Su participacion en el Programa de Nutricion Collier le ha ayudado a sentirse menos aislado? SI NO En caso afirmativo, cComo?: 2. 45u participacion le ha ayudado a sentirse menos solo? SI NO En caso afirmativo, 4,COmo?: 3. Si estabas deprimido antes de venir, su participacion le ha ayudado a sentirse menos deprimido? SI NO N / En caso afirmativo, c.Como?: 4. En el tiempo transcurrido desde que ha estado participando usted diria que su bienestar emocional ha mejorado? 51 NO N / En caso afirmativo, e.C6mo?: 5. En el tiempo transcurrido desde que han participado, ha aprendido mas sabre la buena nutricion y la alimentacion saludable? SI NO 6. cCucznto tiempo ha estado comiendo en el sitio Goodlette Arms? 7. Es el personal amable y servicial? SI NO 8. 4Esta satisfecho con la seleccion de los alimentos? 51 NO 9. e.Las comidas que recibe tienen buen sabor? SI NO 10. i.Esta satisfecho con la cantidad de tiempo que pasa aqui? SI NO Otros comentarios, sugerencias, ideas: Nombre del Cliente: (OPCIONAL) Gracias par responder) Amok 51 Packet Page-2176- 9/10/2013 16.F.1 . Housing, Human and Veteran ervices of Collier County Collier County Housing, Human and Veteran Services Home Delivered Meals 2012 Satisfaction Survey We continue to make efforts to provide our clients with healthy meals and educational materials. To help us better understand your needs and satisfaction with current services, please complete the following questions and return in the stamped envelope provided by October 26th. We appreciate your participation in the annual survey! 1. The person who delivers my meals is friendly. Yes No 2. My meals arrive at an appropriate time. Yes No What time do the meals arrive? Is this too early? Yes No 3. I am happy with the number of meals I get each week. Yes No 4. I have better knowledge of good nutrition and healthy eating habits since I began receiving meals. Yes No 5. I am happy with the selection of meals I receive. Yes No 6. My meals taste good to me. Yes No 7. I would like to receive Nutrition Counseling/ speak to a dietician to give advice on diet (if eligible). Yes No COMMENTS Name (optional) Phone Cofer County Hmis y.liumsm&Vet«as srrrices 52 Packet Page -2177- 9/10/2013 16.F.1. Appendix IV Job Descriptions 53 Packet Page-2178- 9/10/2013 16.F.1 . Class Code: 15598 Pay Grade: 17 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: SUPERVISOR -FOOD PROGRAMS PURPOSE OF CLASSIFICATION The purpose of this classification is to supervise the congregate meal site program or home delivery meal program. This includes monitoring health and safety regulation per USDA, Older American's Act Guidelines, Community Development Block Grant Guidelines,supervising all meal personnel,and ensuring program compliance with federal,state and local rules and regulations_ ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; conducts interviews and makes hiring recommendations. Coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status of work in progress and inspects completed work; confers with assigned staff, assists with complex/problem situations, and provides technical expertise. Ensures adherence to meal service rules and regulations by following federal, state and county guidelines; maintains and remains current on all local sanitation and health laws, client confidentiality, and HIPAA rules and regulation; maintains and confirms proper cleaning and maintenance schedules are prepared and carried out. Ensures meals are delivered on time; oversees the delivery of food, maintenance of temperature logs for submission to grantor agency. Ensures the quality and the quantity of meals delivered meets federal, state, local standards, and meal program guidelines while understanding and maintaining compliance for meal reimbursement and menu planner documentation. Ensures all sites meet current state, local licensure, certification and safety requirements for the provision of services and proper facilities/equipments are available onsite for storage and readily available for serving. Prepares and submits reports/logs to grantor agencies monthly, quarterly, semi annually, annual and as on as needed basis. 54 Packet Page-2179- 9/10/2013 16.F.1 . Maintains all certifications for food safety (Sery Safe), client assessments (Department of Elder Affair, 701B training). Ensures each site is fire and safety inspected annually. Aft Ensures meals served meet meal pattern requirements and time restrictions for the meal service; meals must be served in the quantity and portion of each required component to ensure senior's nutrient and energy needs are met. Ensures service eligibility for Older Americans Act Programs. Reassures the program income, via donations, are accomplished per the grantor and County compliance guidelines. Organizes and conducts monitoring of vendors to ensure compliance with the program. Coordinates monitoring by grantor agency and provides input on programs and modification of existing programs. Provides information and assistance to the community by responding to request from the public regarding available services. Answers inquiries from the public. Assess community service gaps by identifying and reporting unmet needs, analyzes service delivery and offers constructive comments or suggestions to Senior Choices. Develops a delivery strategy based on the most effective use of available resources, analyzes how service delivery can be provided most successfully and provides leadership and advocacy in the community on aging issues. Ensures service preference and assessment of individual needs by providing services to eligible clients with the greatest economic and/or social needs. Gathers and provides information in the current areas of service available in the community from both public and private agencies and organizations to refer services including food stamps and emergency transportation. Manages service provider activities by having clearly written operating procedures, ensures retention of records per the record's retention guidelines. Checks onsite operations to ensure that site personnel maintain all program required records. Coordinates and works with other County Departments such as Purchasing, Risk Management, Facilities, HR Fleet, IT Parks and Recreation and Office Management Budget to ensure all program requirements are met. Works directly with accounting/fiscal staff to ensure that all meals and the number of clients served are reported timely and accurately to the grantor agency. Assists fiscal staff with review, approval, and clarification of vendor invoices as needed. Reviews the financial reports monthly with fiscal staff and projects the meal quantity based on funding availability. Assists in staying within budget and projected meal participation. 55 Packet Page -2180- 9/10/2013 16.F.1 . Provides information and assists Purchasing Department with solicitations for new vendor contracts and existing vendor contracts. Plans and implements procedures for providing meal services during a natural disaster. Checks on clients for safety. Inspects and reassures the sites are safe for normal operations and meals are delivered to clients after the emergency event. Assist in preparation of Board of Collier County Executive Summaries and Request for Proposal to Senior Choices, agreements, leases, Memorandums of Understanding. Prepares and reports operational data to the grantor agency and department and adheres to all reporting and recordkeeping procedures. Provides information and assists in agreements, leases, Memorandums of Understanding, etc. Assists in preparation of the grant applications for funding sources. Creates and enforces that the established procedures for meal accountability/service are followed. Establishes measures and performance reports. Plans for nutrition services by establishing measurable objectives in relation to the targeted individuals to be served, services to be provided and plans for monitoring progress, and volunteer resources. Documents and reports of unusual incidents. Has written procedures to investigate, report, and record. Responds to unusual incidents in accordance with all federal, state and local laws and regulations. Ensures all clients have the opportunity to voluntarily and confidentially contribute to the cost of the service. Ensures all eligible clients are offered nutrition counseling by a Registered Dietitian and all home delivered clients are evaluated for frozen meals. Collects data, compiles reports and utilizes the information to perform efficiently, effectively and to prevent future issues. Prepares and submits memos and documentations for updates, changes, or requests to Senior Choices. Ensures sites take corrective action on any issues and creates procedures to prevent reoccurrences. Ensures new meal services are in place by conducting client follow ups. Coordinates and ensures completion of needed repairs. Assist in the cleaning of kitchen, equipment,tables and storeroom to ensure safe working procedures when short staffed and to keep site and equipment in good working condition. Assists in meal preparation, serving of high quality,nutritious, cost effective meals following standardized procedures and in accordance to the established menu when short staffed. Works directly with Park Supervisors, Goodwill Industries, and other facilities to schedule the use of the amenities for senior meal sites. Assists in marketing meal programs through creation/distribution of brochures, handouts and signage. Also develops displays for outreach events and marketing materials/giveaways. 56 Packet Page -2181- 9/10/2013 16.F.1 . Participates in short term and long range planning for the meal program and assists in goal setting by preparing target plan and customer surveys annually for meal programs. Ensures all staff is training in food safety, programs compliance and office procedures. Performs neighborhood outreach in specific senior areas. Coordinates with Registered Dietitian to provide required trainings and approvals. Reviews departmental publications and meets with public organizations to educate and inform the citizens. Represents meal program at events. Prepares and distributes monthly nutrition education for all meal participants. Conducts public meetings and individual meetings in order to determine the nutrition needs of seniors in the community; plans and organizes events at the facilities. Directs and organizes outreach for the program at EXPOs at the meal sites and different locations. Ensures that socialization opportunities are available to the meal clients. Orders and maintains supplies for sites. Manages the maintenance of department files and records. Ensures automated and manual records are kept up to date. Prepares records for storage, microfilming and/or destruction as appropriate. Operates a personal computer,telephones,copiers and other general office equipment as necessary to complete essential functions, to include the use of word processing,spreadsheet,database,or other system software. ADDITIONAL FUNCTIONS Organizes and maintains office workspace and ensures adequate inventory of office supplies. Performs other related duties as required. In the event of a declared state of emergency,employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS High school diploma or GED; supplemented by three years of responsible clerical and customer service experience; or any equivalent combination of education,training, and experience which provides the requisite knowledge,skills, and abilities for this job; may be required to obtain a Serve Safe Certification. Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s)to drive a County vehicle as provided in CMA 5805.Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Working with others to coordinate the programs and/or resolve typical problems associated with the Asok, responsibilities of the job. 57 Packet Page-2182- 9/10/2013 16.F.1 . Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate,maneuver and/or control the actions of equipment,machinery,tools,and/or materials used in performing essential functions. Verbal Aptitude: Requires a level of comprehension and expression to read, understand, write, and speak involved with advisory data and information associated with financial statements, eligibility guidelines, product specifications, marketing surveys,consumer reports and laws. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages;the ability to utilize principles of fractions;and the ability to interpret graphs. Functional Reasoning: Requires applying an understanding of specific learned, rational system(s) and interpreting a variety of instructions furnished in oral,written,diagrammatic and/or schedule form.. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. involving Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Requires mildly heavy physical effort involving regular and, at times, sustained lifting,carrying,pushing, or pulling 12 to 20 pounds of weight and occasionally 20 to 50 pounds of weight. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors:Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. 58 Packet Page-2183- 9/10/2013 16.F.1 . Class Code: 15655 Pay Grade: 7 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: PARKS AND RECREATION ASSISTANT PURPOSE OF CLASSIFICATION The purpose of this classification is to provide assistance in the execution of Parks and Recreation programs in one or more of the following areas:community center aide,babysitting/childcare,park attendant,after-school counseling,gymnasium,or fitness. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Ask Greets patrons; meets and assists the public at front desk;provides customer service. rw Answers the telephone and provides information as requested. May assists with office functions: gives out beach stickers,boat ramp stickers, and registration forms; hands out equipment; reserves meeting rooms and playing fields;registers participants for programs. Takes rental payments or program fees;verifies cash deposits; operates cash register. Sells tickets to and/or registers patrons for special events. Explains Parks and Recreation programs. Delivers equipment and supplies. Inspects equipment for safety; makes minor repairs to equipment. Orders and/or procures supplies for job tasks. Assists with County-wide and departmental special events; distributes flyers for special events; decorates for special events. Ensure the cleanliness of offices and community center facilities:cleans,vacuums,and/or waxes floors;dusts fixtures and furniture; cleans counters;empties trash;freshens bathrooms;stocks supplies;maintains grounds;sweeps and blows debris;cleans windows. 59 Packet Page-2184- 9/10/2013 16.F.1 . Sets up tables and chairs. Changes letters on marquee. Watches children whose parents are participating in programs at community centers;plays with children; entertains children with music,movies,reading,and activities;feeds infants bottles;provides snacks;contacts parents if children are disruptive. Disinfects toys; cleans furniture and bathroom in daycare area; organizes arts and crafts, toys on shelves, games, and activities; ensures safety of daycare area. Reviews reservation book and calendar of events. Prepares programs for afterschool,preschool,and summer camp. Provides first aid assistance to patrons as needed. Develops,plans,and implements afterschool program:monitors children at school sites prior to bus arrival;provides fair,consistent discipline; monitors children to ensure safety; mentors children; communicates with parents; takes and records attendance; maintains sanitary conditions;organizes program supplies. Participates in sports activities with children at the gymnasium,including basketball, football,volleyball, and soccer;plays games; supervises children in drop-in program;supervises park activities;sets up gymnasium for athletic events. Instructs fitness classes;monitors the use of equipment;provides personal training;assists patrons with exercises and stretching. May operate one or more of the following pieces of equipment:computer,blood pressure machine,exercise equipment,copier,golf cart,gas powered blower,floor scrubber,buffer,hand tools,cleaning equipment,cash register,adding machine,or other equipment as necessary to complete essential functions. ADDITIONAL FUNCTIONS Runs errands as requested. Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS High school diploma or GED; six months of experience in customer service; or any equivalent combination of education,training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain First Aid and CPR certifications. May be required to obtain instructor certifications for teaching fitness classes. Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to compile, assemble, copy, record and/or transcribe data according to a prescribed schema or plan. Includes judging whether readily observable functional, structural or compositional characteristics are similar to or divergent from prescribed standards,procedures or routines. Human Interaction: Requires the ability to exchange information for the purpose of clarifying details within well-established policies,procedures and standards. 60 Packet Page-2185- 9/10/2013 16.F.1 . Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to start, stop, operate and monitor the txttit functioning of equipment,machinery,tools,and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference and descriptive data and information. Mathematical Aptitude: Requires the ability to perform addition,subtraction,multiplication,and division.May include counting, recording of counts,and basic measuring. Functional Reasoning: Requires the ability to carry out instructions furnished in written,oral,or diagrammatic form. Involves semi-routine standardized work with some latitude for independent judgment concerning choices of action. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving a variety of generally pre-defined duties which are often characterized by frequent change. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert very moderate physical effort in light work, typically involving some combination of stooping, kneeling, crouching and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight(12-20 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors,sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, temperature and noise extremes, machinery, electric currents, or rude/irate customers. Collier County is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Amok 6l Packet Page -2186- 9/10/2013 16.F.1 . Code: 1 5593 Pay Grade: 12 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: CASE MANAGER ASSISTANT PURPOSE OF CLASSIFICATION The purpose of this classification is to provide assistance to case managers who conduct a client centered series of activities which includes planning, arranging for, and coordinating appropriate medical assistance services for an eligible client. Employees in this classification assist case managers in assessing the needs of clients, and arranging and coordinating services/resources through county, state, and federal programs. These programs include ones offered through the area agency on aging and/or provided by the Collier County Board of County Commissioners. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Completes eligibility assessment of clients; assists case managers in developing a care plan to meet the service needs of the client;arranges and coordinates needed services for clients;provides follow-up with clients' as needed. Maintains federal,state,and County mandated client records;prepares reports;writes letters and correspondence. Contacts and advocates with other community agencies on clients'behalf. Assists in crisis interventions. Provides information and referral for the general public and agencies;receives,processes,and tracks referrals. Completes telephone intakes; develops and maintains CIRTS client tracking systems for active clients;develops and maintains information and referral database. Represents departmental interests at community meetings;attends seminars and in-service training. Tracks all client contacts of contact on behalf of client. Provides interviews to walk-in clients. Reviews and implements new and changing program requirements. Arranges for access to medical care. 62 Packet Page-2187- 9/10/2013 16.F.1 . Operates a computer, printer, calculator, facsimile machine, copier, telephone, cellular telephone, automobile, pager, or other equipment as necessary to complete essential functions,to include the use of word processing, spreadsheet,CIRTS database,or Amok other system software. ADDITIONAL FUNCTIONS Enters data into CIRTS network;answers the telephone;mails requested information;makes copies. Maintains client files. Obtains holiday gifts and food for clients. Performs other related duties as required. MINIMUM QUALIFICATIONS The position requires the ability to observe clients,record information,conduct client interviews,assist case managers in implementing treatment plans,employ problem-solving techniques,handle crisis intervention matters,and use proper referral procedures. Applicants must have effective communication skills,a strong sense of responsibility,and the ability to manage time effectively.Must demonstrate experience with direct contact with elders and individuals who are vulnerable to exploitation or mistreatment; and the ability to display patience,understanding,and a strong desire to help others. A high school education with proven leadership ability,either from previous experience or as a volunteer as an assistant to Human Services,Social Work,Gerontology,Psychology,Nursing,or closely related field;one year of experience in social services related work; or any equivalent combination of education,training,and experience which provides the requisite knowledge,skills,and abilities for this jobMust possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s)to drive a County vehicle as provided in CMA 5805. Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project,program,or designated area of responsibility. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment,machinery,tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference,descriptive,and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages;the ability to utilize principles of fractions;and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. 63 Packet Page -2188- 9/10/2013 16.F.1 . Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory,judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work,but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds, odor, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as odors,temperature extremes,traffic hazards,bright/dim lights,or disease. Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. 64 Packet Page -2189- 9/10/2013 16.F.1 . Appendix V ➢ Unit Cost Methodology: Personnel Allocations (pages 1-11 ) Supporting Budget Schedule (pages 1-4) ➢ Service Costs Report Personnel Allocations (pages 1 -12 Supporting Budget Schedule (pages 1 -6) Vendor Cost (pages 1-8) Amok 65 Packet Page-2190- 9/10/2013 16.F.1 . 0 a o V. 0 0 c, ro M a o,.. 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MARIAICNT Or Monthly and YTD Service Units with Unduplicated Client Counts °.>..„ PSA: 08 Provider: 81302 Location: ALL LOCATIONS Program: ALL PROGRAMS Service: ALL SERVICES ELDER Start Date: 01101/2013 End Date: 06/30/2013 Fiscal Begin Date: 07/01/2012 AFFAIRS Include Zero Unit? Y Include Aggregate?OF FLORIDA ggregate? Y Group by: Location, Program, Service MTH(Monthly) Unduplicated Location Program Service YTD(Year to Date) Units Provided Client Count HMK MTH 3,202.00 Jd 39 YTD 6,207.50 45 PECA MTH 1,115.75/ 15 YTD 2,251.25 19 RESP MTH 484.25' 4 -- 9/10/2013 16.F.1 . n,F,,Fmanar Monthly and YTD Service Units with Unduplicated Client Counts , PSA: 08 Provider: 81302 Location: ALL LOCATIONS Program: ALL PROGRAMS Service: ALL SERVICES ELDER Start Date: 01/01/2013 End Date: 06/3012013 Fiscal Begin Date: 07/01/2012 AFFAIRS O ,0,„ Include Zero Unit? Y Include A ggregate? Y Grou p by: Location,Program,Service MTH(Monthly) Unduplicated Location Program Service YTD(Year to Date) Units Provided Client Count RESP MTH 221.50 7 3 YTD 691.00 5 40C !l te-,e1;1,0, ...w. ADC YTD 31.00- ui,.�-3SU`?u .� 1 42 CCE HMK YTD 142.2 1 ?lc_F�,F(!s I PECA YTD 49.00 1 RESP YTD 108.00 ouF�d��tIF,I 1 0A36 HMK YTD 0.00 3 PECA YTD 0.00 1 RESP YTD 0.00 3 47----- 0A38 EAR MTH 96.00 1 l,.tn,DA. ',_V y LLUj' _._ YTD 96.00 1 51 CCE HMK MTH 272,00/ 4 � r' YTD 332.00 4 )�� n�Fn`�c PECA MTH 438.00� 3 • YTD 575.00 3 RESP MTH 1,009.00,� 6 YTD 1,653.00 6 CA38 HMK MTH 278.00 ✓ 5 YTD 486.00 5 PECA MTH 274,50, 6 YTD 417.00 6 RESP MTH 77.00.' 1 YT0 89.00 1 OA3E RESP MTH 0.00.- 1 YTD 0.00 1 52 CCE HMK YTD 49.00 1 r. -t- \ �%4 "�^� �G. PECA YTD 212.00 ' c"�s�� 1 __ J RESP YTD 204.25 �cr`G ' 1 54 0A38 SCSM MTH 7.00 2 • c `�.«` YTD 9.00 2 57 c)0%.1.c g 5 OA38 EAR MTH 263.00 2 'N YTD 447.00 2 58 -- ADI RESP MTH 124.00/ 1 w& a I L,- YTD 124.00 1 l- (. CCE HMK MTH 223.25% 5 I YTD 300.25 5 PECA MTH 434.501 6 YTD 471.50 6 RESP MTH 1,017.50✓ 7 YTD 1,205.50 7 0A36 F-IMK MTH 417.75✓ 6 YTD 521.75 7 PECA MTH 327.75✓ 5 YTD 327.75 5 RESP MTH 743.25 f 6 Report run an: 08/12/2013 10:36 AM Page 4 of 5 mon_ytd_services.rdf Report run by: CARRILLb -" )f this report so that it can not be read or reconstructed Packet Page-2231- 9/10/2013 16.F.1 . Asok REQUEST FOR PROPOSAL DOCUMENTS This packet contains formats for documents considered essential, "Proposal Documents" required from all applicants for: OLDER AMERICANS FUNDS, Title 111 B Title Ill E Amok Access Services For the Period of: 1/1/2014 — 12/31/2019 Packet Page -2232- 9/10/2013 16.F.1 . Access Application Index Page Number 1 Form PUR State Form 7033 3-4 2 Service Provider Summary Information 5 3 Administrative Synopsis 6-7 4 Staffing Plan/Organizational Chart 7-9 Appendix A 2 5 Confidentiality assurance/HIPAA 9-10 Appendix A 3 &A 4 6 Grievance process 10 Appendix A 5 &A 6 7 Quality Assurance/Improvement 10-12 Appendix a 7 8 Coordination Plan 12 9 Targeting/Outreach Plan 13-15 Appendix A 8 10 Training Plan 15 Appendix A 9 11 Licenses NA 12 IRS Letter See Appendix Index 13 Audited Financials See Appendix Index 14 Insurance Documents See Appendix Index 15 Service Standards 17-22 16 Administrative Assessment 23-24 17 Certification of 60 operating funds 25 18 HIPAA Compliance Assurance 26 19 Statement of No Involvement and Contract Terms and Conditions 27 20 Contract Terms and Conditions 28 21 Statement of Compliance with Service Standards and 29 Requirements 22 Certification of Debarment/suspension 30 23 Availability of Documents 31 24 Match Commitment 32-37 25 Rate Quote 38-39 26 Rate Acceptance 40 27 Unit Cost Methodology work sheets See Appendices Index Access Services Packet Page -2233- 9/10/2013 16.F.1 . Appendices Index Access Services Appendices Page Number Al Organization Chart 41-42 . A2 Job Description 43-53 A3 HIPPA Regulations 54-58 A4 Release of Information 59-60 A5 Services for Seniors Grievance Procedure 61-64 A6 Notice of Adverse Actions 65-66 A7 Sample of Satisfaction Surveys 67-68 A8 Collier County Target Plan 69-70 A9 Staff Development &Training Log 71-73 Al0 Senior Choices 2012 Program Monitoring Report 74-104 All IRS Letter 105-106 Al 2 Audit Financials 107 On enclosed Disk Al 3 Insurance Documents 108-109 Al 4 Unit Cost Methodology 110 C-: ;.7-,..) Packet Page-2234- Access Services 9/10/2013 16.F.1 . 1. PUR State Form 7033: SUBMIT PROPOSAL TO: AREA AGENCY ON AGING Area Agency on Aging for Southwest Florida REQUEST FOR PROPOSAL 15201 N.Cleveland Ave. CONTRACTUAL SERVICES Fort Myers,FL 33903 Acknowledgment Telephone Number.239 J 652.6900 Page 1 of PROPOSALS WILL BE OPENED: September 3,2013 PROPOSAL NO. 151_Pages and may not be withdrawn within 30 days after such date and time AGENCY MAILING DATE: Hand Delivered on 8/2812013 PROPOSAL TITLE: Collier County Services for Seniors FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.S. NUMBER 59-6000558 VENDOR NAME Collier County Housing,Human and Veteran Services REASON FOR PROPOSAL VENDOR MAILING ADDRESS 3339 Tamiami Trail E.Suite 211 POSTING OF PROPOSAL TABULATIONS CITY-STATE-ZIP Naples FL 34112 Proposal tabulations with recommended awards will be posted for review by interested parties at the AREA CODE TELEPHONE NUMBER 239-252-2273 location where proposals were opened and will remain posted for a period of 72 hours.Failure to file a TOLL-FREE NUMBER protest within the time prescribed In Section 10.53(5).Florida statutes shall constitute a waiver of proceedings under chapter 120.Florida Statutes.Posting will be on or about December 15,2006. I certify that this proposal is made without prior understanding,agreement,or connection with any corporation,firm,or person submitting a proposal for the same contractual services,and is in all respects fair and without collusion or fraud.I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the proposer and that the proposer is in compliance with all requirements AUTHORIZED SIGNATURE(MANUAL) of the request for Proposal,including but not limited to certification requirements,in submitting a proposal to an agency for the Stale of Florida,the proposer offers and agrees that if the proposal is accepted,the proposer will convey,sell,assign or transfer to the State of Florida all rights,title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At Leo E. Ochs,Jr.,County Manager the discretion,such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the AUTHORIZED SIGNATURE(TYPED)TITLE proposer. GENERAL CONDITIONS SEALED PROPOSALS: All proposal sheets and this original acknowledgment form must (c) MISTAKES:Proposers are expected to examine the conditions,scope of work,proposal be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE prices,extensions,and all instructions pertaining to the services involved. Failure to do PROPOSAL PER ENVELOPE.) The face of the envelope shall contain,in addition to the so will be at the proposer's risk. above address,the date and time of the proposal number.Proposal prices not submitted on attached proposal price sheets when required shall be rejected. All proposals are (d) INVOICING AND PAYMENT:The contractor shall be paid upon submission of property subject to the conditions specified herein. Those not complying with these conditions are certified invoices to the purchaser at the prices stipulated on the contract at the time the subject to rejection. order is placed, after delivery and acceptance of goods, less deductions if any as provided. Invoices shall contain the contract number,purchase order number and the 1. EXECUTION OF PROPOSAL: Proposal must contain a manual signature of contractors'Federal Employer Identification Number. An original and three(3)copies authorized representative in the space provided above. Proposal must be typed or of the invoice shall be submitted. The final payment shall not be made until after the printed in ink. Use of erasable ink is not permitted. All corrections to prices made by contract is complete unless the Agency has agreed otherwise. Invoices for fees or proposer must be initialed.The company name and F.E.I.D.or social security number other compensation for services or expenses submitted for contractual services shall must appear on each pricing page of the proposal as required. be submitted in detail sufficient for a proper pre-audit and post-audit thereof and invoices for any travel expenses shall be submitted in accordance with the rates at or 2. NO PROPOSAL SUBMITTED:If not submitting a proposal,respond by retuming only below those specified in Sections 112.061 and 287.058, F.S. Interest Penalties: this acknowledgment form,marking it"NO PROPOSAL",and explain the reason in the Payment shall be made in accordance with section 215.422, F.S.,which states the space provided above. Failure to respond to a procurement solicitation without giving contractors'rights and the Agency's responsibilities concerning interest penalties and justifiable reasons for such failure, nonconformance to contract conditions,or other time limits for payment of invoices. VENDOR OMBUDSMAN.vendors providing goods pertinent factors deemed reasonable and valid shall be cause for removal of the and services to an agency should be aware of the following time frames. Upon receipt, proposer's name from the proposal mailing list. NOTE:To qualify as a respondent, an agency has five(5)working days to inspect and approve the goods and services, proposer must submit a"NO PROPOSAL",and it must be received no later than the unless the bid specifications, purchase order or contract specifies otherwise. An stated proposal opening date and hour. agency has 20 days to deliver a request for payment(voucher).The 20 days are 3. PROPOSAL OPENING:Shall be public,on the date,location and the time specified measured from the latter of the date the invoice is received or the goods or services are on the acknowledgment form. It is the proposer's responsibility to assure that his received, inspected and approved. If a payment is not available within 40 days, a proposal is delivered at the proper time and place of the proposal opening. Proposals, separate interest penalty of.03333 percent per day will be due and payable,in addition which for any reason are not so delivered,will not be considered. Offers by telegram to the invoice amount,to the vendor.The interest penalty provision applies after a 35 or telephone are not acceptable. A proposal may not be altered after opening of the day time period to health care providers,as defined by rule.Interest penalties of less price proposals. NOTE:Proposal tabulations will be furnished upon written request than one(1)dollar will not be enforced unless the vendor requests payment. Invoices, with an enclosed,self addressed,stamped envelope and payment of a predetermined which have to be returned to a vendor,because of vendor preparation errors,will result fee. Proposal tabulations will not be provided by telephone. in a delay in the payment. The invoice payment requirements do not start until properly completed invoice is provided to the agency. A Vendor Ombudsman has been 4. PRICES, TERMS AND PAYMENT: Firm prices shall be proposed and include all established within the Department of Banking and Finance. The duties of this services rendered to the purchaser. individual include acting as an advocate for vendors who may be experiencing (a) TAXES: The Area Agency on Aging does not pay Federal Excise and Sales taxes on problems in obtaining timely payment(s)from the agency. The Vendor Ombudsman direct purchases of services. See tax exemption number on face of purchase order or may be contracted at(904)488-2924)or by calling the State Comptrollers Hotline,1- agreement form. This exemption does not apply to purchases of services in the 800-848-3792.The Area Agency On Aging review the conditions and circumstances performance of contracts for the improvement of state-owned real property as defined surrounding non-payment and unless there is a bona fide dispute,the Area Agency on in Chapter 192,Florida Statutes. Aging may in writing authorize the contract supplier to reject and return purchase (b) DISCOUNTS: Cash discount for prompt payment shall not be considered in orders from said agency until such time as the agency complies with the provisions of determining the lowest net cost for proposal evaluation purposes. Section 215,422,F.S. (e) ANNUAL APPROPRIATIONS:The Area Agency on Aging performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Approved as to form and legality 3 Assistant Couittty Attorney Packet Page-2235- -�:==-� 9/10/2013 16.F.1 . 5. CONFLICT OF INTEREST:The award hereunder Is subject to the provisions of 10. LEGAL REQUIREMENTS:Applicable provision of all Federal,State,county and Chapter 112, Florida Statutes. Proposers must disclose with their proposal the local laws,and of all ordinances,rules,and regulations shall development,submittal name of any officer,director,or agent who is also an employee of the Area Agency and evaluation of all proposals received in response hereto and shall govern any On Aging or any of its agencies. Further,all proposers must disclose the name of and all claims and disputes which may arise between person(s) submitting a any Area Agency On Aging employee who owns directly or indirectly,an interest of proposal response hereto and the Area Agency of Aging,by and through its officers, five(5%)or more in the proposer's firm or any of its branches, In accordance with employees and authorized representatives, or any other person, natural; or Chapter 287,Florida Statutes, no person or firm receiving a contract that has not otherwise,and lack of knowledge by any proposer shall not constitute a cognizable been procured pursuant to Section 287.057)20 or(3)to perform a feasibility study defense against the legal effect thereof. of the potential implementation of a subsequent contract participating in the drafting of a request for proposals,or developing a program for future implementation shalt 11, ADVERTISING: In submitting a proposal, proposer agrees not to use the results be eligible to contract with the agency for any contacts dealing with that specific there-from as a part of any commercial advertising. subject matter,and proposers must disclose with their proposal any such conflict of interest. 12. ASSIGNMENT:Any Contract or Purchase Order issued pursuant to this request for proposal and the monies which may become due hereunder are not assignable, 6. AWARDS:As the best interest of the Agency may require,the right is reserved to except with the prior written approval of the purchaser. reject any and all proposals or waive any minor irregularity or technicality In proposals received. Proposers are cautioned to make no assumptions unless their 13. LIABILITY:On any contract resulting from this proposal the proposer shall hold and proposal has been evaluated as being responsive. save the Area Agency on Aging, its officers, agents and employees harmless 7. INTERPRETATIONS/DISPUTES: Any against claims by third parties resulting from the contractor's breach of this contract y questions concerning conditions and specifications shall be directed in writing to this office for receipt no later than ten or the contracts negligence. This requirement does not apply to contracts between 10 da s rior to the ro osal o enin In uiries must reference the date of governmental agencies. ( } Y R P P P 9 Inquiries opening and proposal number. No interpretation shall be considered binding unless provided in writing by the Area Agency of Aging in response to 14, FACILITIES:The Agency reserves the right to inspect the proposers facilities at a requests in full compliance with this provision. Any person who is adversely affected time with prior notice, by the agency's decision or intended decision concerning a procurement solicitation or contract award and who wants to protest such decision or intended decision shall 15. CANCELLATION: The Agency shall have the right to unilateral cancellation for file a protest in compliance with Rule 13A-1.00$(3). Florida Administrative Code. refusal by the contractor to allow public access to all documents,papers,letters,or Failure to file a protest within the time prescribed in Section 120.53(5).Florida other material subject to the provisions of Chapter 119,Florida Statutes,and made '- Statutes shall constitute a waiver of proceedings under Chapter 120, Florida or received by the contractor in conjunction with contract. Statutes. 16.PUBLIC RECORDS:Any material submitted in response to this Request for Proposal 8. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions will become a public document pursuant to Section 119.07, F.S. This includes may be imposed which would necessitate alteration of the material quality of the material,which the responding proposer might consider to be confidential of a trade services offered on this proposal prior to their completion, it shall be the secret Any claim of confidentiality is waived upon submission, effective after responsibility of the successful proposer to notify the purchaser at once,indicating in opening pursuant to Section 119.07,F.S. his letter the specific regulation which required an alteration.The Agency reserves the right to accept any such alteration,including any price adjustments occasioned thereby,or to cancel the contract at no further expense to the Agency. 9. DEFAULT: Failure to perform according to this proposal and/or resulting contract shall be cause for your firm to be found in default which event any and all re- procurement costs may be charged against your firm. Any violations of these stipulations may also result in: a) Contractor's name being removed from the Division of Purchasing vendor mailing list. b) All Agencies being advised not to do business with the contractors without written approval of the Division of Purchasing. NOTE: ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. 4 C A Q Packet Page -2236- .J ................................................................ 9/10/2013 16.F.1 . 2. SERVICE PROVIDER SUMMARY INFORMATION PAGE PSA: 8 ORIGINAL SUBMISSION [X ] REVISION[ ] 1. PROVIDER INFORMATION: 2, GOVERNING BOARD CHAIR: Executive Director: {Name/Address/Phone} {Name/Address/Phone} Georgia Hiller,Chairperson Kim Grant,Director 3299 Tamiami Trail,East 3339 Tamiami Trail,East Harmon Turner Building F Suite 211 3rd Floor Naples,FL 34112 Naples FL 34112 Legal Name of Agency: Collier County Board of County Commissioners Housing,Human and Veteran Services Name of Grantee Agency: Mailing Address 3339 Tamiami Trail,East 3. ADVISORY COUNCIL CHAIR:(if applicable) Suite 211 {Name/Address/Phone} Naples,FL 34112 Telephone Number:[239]252-2273 4. TYPE OF AGENCY/ORGANIZATION: 5. PROPOSED FUNDING PERIOD: 01/01/2014-12/31/2019 A. New Applicant NOT FOR PROFIT: PRIVATE X PUBLIC B. Continuation X PRIVATE FOR PROFIT 6. FUNDS REQUESTED: [X]OAA Title IIIB [X]OAA Title IIIE 7. SERVICE AREA; [X]Single County Collier County [ ]Multi-county: List: 8. ADDRESS FOR PAYMENT OF CHECKS ITEM#: [X ]#1 [ ]#2 9. CERTIFICATION BY AUTHORIZED AGENCY OFFICER: I hereby certify that the contents of this document are true,accurate and complete statements, I acknowledge that intentional misrepresentation or falsification may result in the termination of financial assistance. Name: Leo E.Ochs,Jr. Signature: Title: Collier County Manager Date: , ;t,rvvc�as to form and lega]ity 5 Assistant Count* -ttorney Packet Page-2237- 9/10/2013 16.F.1 . Proposal Requirements Aombc Q1. Synopsis of your business/agency's background and qualifications: (Provide a description of qualifications and prior experience performing tasks similar or relevant to those required in this RFP. The discussion should include a description of the applicant's background and relevant experience that qualifies it to provide the services required by this RFP.) For more than thirty-nine (39) years, the Collier County Housing, Human and Veteran Services Department, Services for Seniors program (CCSS), has been the lead agency in Collier County in providing elder services. The Services for Seniors program has an excellent reputation in providing service delivery to our vulnerable elderly population. The funding that is received from the Federal Older American Act grant enables the Services for Seniors program to continue to provide quality services to the elderly who want to remain living independently in their homes. The high quality of service to this county's elderly is attested by the 2012 programmatic and contractual monitoring results earned by this program. Additional programs in the Housing, Human and Veteran Services Department also include Social Services, RSVP (Retired and Senior Volunteer Program), Affordable Housing and a variety of Federal/State Grants. As part of Collier County Government, the department is one of several within the Public Services Division. These departments include the University Extension Services, Domestic Animal Services, Library Department, Museum Department, and Parks and Recreation Department. The Housing, Human and Veteran Services Department partners with these other sister departments Amok to provide high quality senior services in a variety of community settings. In addition, an enhancement of this agency's effective coordination of service is demonstrated by the high visibility and recognition within Collier County. Our reputation as a quality community resource for elder care is demonstrated by the active role the program serves in Collier County's community social service network. To address the social needs of seniors in the community, the department provides and participates in senior activities throughout the year, as well as special events such as Senior Expos held throughout the County. This year's County Senior Expo event was held at the Golden Gate Community Center, which is also where one of our four congregate meal sites is located. The department is also a participating member in the Alzheimer's Support Group, Collier County Council on Aging,the Sheriff's Council, and the Naples and Immokalee Interagency Councils. This year the Services for Seniors program staff were instrumental in participating in the planning of the future Collier County Senior Resource Center. CCSS is an active member of the Leadership Coalition on Aging-Collier County (LCA). The LCA has taken the lead with achieving the goal of securing a senior center site. CCSS was instrumental in the planning of Collier County's first Annual Conference on Aging held in Naples, FL. In conjunction with LCA, CCSS participated in the Florida Gulf Coast University's senior needs assessment and participated in local Focus Groups to meet with seniors to determine the specific needs of Collier County seniors. CCSS is active in state-wide elder support organizations such as the Florida Council on Aging, the Florida Association of Service Providers, the Community Care for the Elderly Coalition, and the Florida Association of County Human Service Administrators. 6 CA Packet Page -2238- .............................. .__._........_................._........................... 9/10/2013 16.F.1 . The Collier County Board of County Commissioners consistently provides strong support in this agency's operations and believes in our mission of improving the lives of Collier County's elderly residents. Strong board support allows this agency access to financial resources as well as support resources. The County's legal department assists with approval of contractual documents and policies. The Finance division of the Clerk of Courts acts as the agency's bookkeeper and auditor, allowing our fiscal office the necessary time to monitor and track performance standards. The Purchasing Department acts as this agency's agent for cost savings in acquiring vendor services and products. The Human Resources Department ensures our ability to meet high personnel standards, which translates to premium client care. Because of the availability of these valuable operational resources,the grantor agency can be assured that quality and accountability will always be maintained. The Services for Seniors program staff has over 70 years of combined experience in providing case management as well as over 20 years experience with fiscal delivery of case management services. The philosophy of the program has been to employ individuals who have the skills, dedication, education, and experience to link individuals to the most beneficial service that is also the least restrictive. Assisting individuals to live independently has been the stalwart of the program throughout its operation. Our services assess an individual's situation in order to determine what is necessary to either maintain or improve his or her health, family, social, or medical status to remain in the least restrictive setting possible. As services are delivered, the quality and quantity of the services are carefully measured to ensure outcome measures are consistent with and on target with the Department of Elder Affairs statewide outcome and output measures. Case managers also provide advocacy ensuring that their best interests are upheld both by the service delivery system and the community at large. Our services assist the client in meeting or exceeding self-sufficiency and functioning, and helping protect individuals from abuse, neglect, and exploitation. Our case managers interact frequently with the client's caregiver or family member ensuring quality communication is provided to coordinate care with these most important individuals in the client's life. Finally, program integrity is maintained through balanced caseloads of no more than 70 clients per case manager. It is important to note that the entire staff of Collier County Services for Senior's exceeds training and certification requirements of the grantor agency and the Florida Department of Elder Affairs. In Collier County, the focus is on providing elders with support that enhances their quality of life and utilizes resources to maintain independence and maximum capacity. Q2. Organizational Chart/s: (Please provide a copy of the organizational chart that directly relates to the division that will provide services under OAA programs) (See Appendix A1) Q3. Job Descriptions & Position Qualifications: (See Appendix A2) The staff of Collier County Government Services for Seniors program provide services for functionally, impaired elderly persons in a community care, continuum of care service system, which is designed to allow for Collier County seniors to age in place, with purpose, security, and with dignity. Staff is respectful and allow for seniors to also age in an elder friendly environment. With this in mind, the staffing pattern is described below: The Director of the Department has a Master's degree in Business Administration and has the authority of the overall administrative operations of the department. This individual is responsible for the 7 C-A) Packet Page-2239- _........ 9/10/2013 16.F.1 . administration of the Services for Seniors program and Lead Agency functions and ensures that it is managed in accordance with DOEA requirements. The Director has over 25 years experience combined in the private and government sectors of administration. The organization is supported by an Operations Coordinator, who provides clerical and administrative support involving preparing operational and administrative forms, reports, records and summaries; entering data and retrieving information from department databases and assisting callers and/or visitors. Collier County Services for Seniors is also supported by an Accounting Supervisor with a Master's degree in Business Administration who supervises the accounting staff performing the professional and technical accounting and financial duties for the Services for Seniors Program which includes a Grant Accountant with a Bachelors of Science degree and an Accounting Technician with over 11 years of fiscal experience in these programs. The Fiscal section provides accounting services and oversight, as well as data entry into the Client Information Resource Tracking System (CIRTS). Additional services are provided by the Grant Coordinator, who is responsible for review and approval of invoices, preparation of service agreements, assurance of vendor compliance with established policies and procedures, and provision of various program and fiscal data sets to Senior Choices of Southwest Florida. In addition, the Grant Accountant provides oversight for the services and contribution reports that report the number of units and funds expended to date, and variance information detailing current spending patterns. This information is reviewed by program and fiscal staff on a regular basis to ensure appropriate spending patterns associated with care plans are being established for both the current individuals and new clients associated with the service. Fiscal staff and program staff work together on a daily basis in order to maintain the requirements of the grants' expenditures and service delivery associated with the lead agency responsibilities. The Case Management Supervisor has a Master's degree in community mental health services and 35 years experience in assisting adults and families accessing community resources. The Case Management Supervisor is responsible for assigning new cases, managing the wait list, and ensuring maximum productivity levels are met for the three (3) Case Managers. The Case Management Supervisor reviews and monitors client assessments and client care plans to ensure that policies regarding the prioritization, determination of the type of services, and the level of service of each client are met through arranging and coordinating services/resources through county, state, and federal programs. The case managers currently maintain an average client case load of 65. These caseload sizes fluctuate due to attrition and funding limitations; however, to date the program staff has been able to manage the service delivery associated with the lead agency functions. In addition, the Case Management Supervisor manages referrals associated with the Senior Choices Elder Helpline, Adult Protective Services referrals and Community Comprehensive Assessment and Review for Long Term Care Services (CARES) referrals. The Services for Seniors program provides case management services and no other direct services. The Lead Agency contracts for in home services with area home health agencies, emergency alert response vendors, medical supply vendors and adult day care providers. The Case Managers have a working knowledge of all programs administered by this agency and thus are able to access and authorize other resources/services available to eligible clients. The case 8 Packet Page -2240- ................. 9/10/2013 16.F.1 . management staff has been resourceful and innovative in providing services above and beyond what the grant provides with donations from local churches, and the private and public sector. Of the three (3) full time case managers, one (1) case manager is bilingual in Spanish and English. In addition, HHVS has a total of thirty-five (35) employees and 35% of the staff is bilingual in English/Spanish and 52% of the staff is bilingual in English and another language. The staff is always willing to assist clients with translation and conveying their requested needs and questions. HHVS has initiated a Limited English Program (LEP) policy and has the ability to utilize web based verbal/written translation assistance for many languages. All HHVS Services for Seniors' forms have been translated to Spanish and will complete the process of the forms being translated into Creole by December 2013. Spanish and Creole are the two most prevalent primary languages that the County's seniors utilize fluently. Q4. Synopsis of your business/agency's Client Confidentiality Safeguards (Specify procedures and training efforts. Include copy of privacy notice) Collier County Housing, Human and Veteran Services Department (CCHHVS) is committed to providing confidentiality for all clients receiving, or waiting to receive, services from OAA and other programs that we administer. CCHHVS has and follows a Health Insurance Portability and Accountability Act (HIPAA) Standard Operating Procedure. Clients are also required to sign a release of information form in order for staff to share client health information with service providers. (See Appendix A3,A4) All employees are cognizant of the Health Insurance Portability and Accountability Act of 1996 and have signed a Confidentiality Agreement. Employees are trained in HIPAA regulations and are knowledgeable of how to contact the Privacy Officer in the Department should a client request information regarding the privacy practices. The Services for Seniors staff are careful with client information when dealing with other agencies. Only that information which needs to be shared in order to provide the best service and ensure the clients safety is given out on a need to know basis and with the proper release of information from the client. All Services for Seniors staff are considered in the circle of need to know. Client files are kept in locked file cabinets. The intake information for the waiting list and other files relating to clients, are in locked file cabinets as well. Closed files are maintained for the mandated six years in locked filing cabinets. After the time is up, files are securely shredded. Access to CIRTS is safeguarded by individual passwords that are initiated and changed periodically by Senior Choices of Southwest Florida and registered with the Florida's Department of Elder Affairs. In addition, Collier County Information Technology Department installs firewalls for each staff computer that is password protected. When services are available to meet the client's needs, a Case Manager explains the process of authorizing services to the client and obtains a signed Release of Information form. This release gives the Case Manager permission from the client to give pertinent data to the service provider agency so that services can be arranged and provided. This release also allows the Case Manager to access other services and resources on behalf of the client. 9 ■ Packet Page-2241- ... .............. .................................... 9/10/2013 16.F.1 . All CCHHVS clients are notified of their right to privacy of protected health information.Services for Seniors clients, upon receipt of the Notice of Privacy Practices, sign a statement confirming receipt of this notice.This confirmation is maintained in client files. (See Appendix A3,A4) Q5. Grievance Procedures/Process for Reducing or Terminating Services (Include copy of material given to clients, procedures and method of determining which clients will receive reductions or termination of services). Case managers set up an appointment to complete the Client Home Visit and Assessment and during the assessment, the case manager will explain the Grievance Procedure to the client. A copy of the Grievance Procedure, as well as the "Minimum Guidelines for Recipient Grievance Procedures Applicable to All Adverse Actions Deemed Terminations, Suspensions, or Reductions in Service" is given to the client. The client signs the Grievance Procedure confirming this procedure has been explained and is maintained in the client's file. When a client files a grievance and requests to implement the appeal process, the Case Manager references to this document and includes a copy of the signed form in the correspondence to the client. Collier County Housing, Human and Veteran Services Department have a Standard Operating Procedure for the Seniors Program related to the Grievance Procedure. A copy of the Standard Operating Procedure, Grievance Procedure and the Minimum Guidelines are contained in the Appendix (See Appendix A5). If a client is being considered for reduction of service, the case manager will consider the impact of the reduction. If the client will be put "at risk" and no non DOEA service is available to offset the risk, then no reduction will be made. if the client is able to absorb the change and/or the service is available through another source, the client will be given ten (10) days notice in order to "grieve" the decision. This same process will also be applied to termination of service. If the client requests a reduction or termination of service on their own,the ten (10) day rule and the right to grieve will not apply. Notification of any adverse actions (such as reducing or terminating services) is completed by sending a letter to the client at least 10 days in advance of any action with information related to the Grievance Procedure. If the client chooses to implement the Grievance Procedure, services cannot be reduced or terminated during this process. All actions taken are to be documented clearly by the case manager or case management supervisor in the client's case narratives and all correspondence maintained in their files. A Standard Operating Procedure for the Notification of Adverse Actions has been included in the Appendix. (See Appendix A6). Through the policies and procedures that are in place, every effort is made by Services for Seniors' staff to work with the client to resolve any concerns or issues without any additional intervention and to minimize the impact on the client as a result of any necessary adverse actions. Q6. Plan to Maintain Quality Control and Monitor Client Satisfaction (Describe both internal methods to assure quality services and process for determining consumer satisfaction. Also include procedures for handling client complaints, grievances and unusual incidents.) The Services for Seniors program through the County's Office of Management and Budget/Grant Allow Management Office, has the ability to monitor monthly budget activity and monthly and quarterly 10 Packet Page-2242- 9/10/2013 16.F.1 . performance measures and compares it to prior year's activities. The internal reports generated compare client cost and suggest cost saving strategies. The program also prepares monthly unit cost worksheets that not only isolate unit cost variances but also identifies areas where cost savings may be necessary to ensure the grant spending will provide client services through the budget year allocation. The fiscal staff maintain spreadsheets that are reviewed daily to keep apprised of the fluctuations in spending. The contracted agencies are given an orientation by the grant coordinator upon the award of the contract with directions on due dates, timely submittal of invoices and the means to tally the costs. Fiscal staff reviews the costs regularly with case management staff. Program effectiveness is determined in several ways. Internally, outcome measures are an excellent tool in determining how effective we are doing our job. The outcome measures report is completed quarterly through the report section of DOEA's CIRTS web based data information system. The quarterly reports are submitted to Senior Choices for analysis and review with the case management supervisor for program changes if necessary to better serve the client. Quantitative outcomes provide a level of expectations that, at a minimum, are our measure of successful achievement of our program's goals. This agency uses the CIRTS web based data system through monthly review of "turnaround" reports. Internally, case managers routinely check with clients to assess service needs and monitor their progress. The case management supervisor makes random checks regarding file documentation and care plans to assure fulfillment of appropriate client care and grantor program requirements. Formal county procedures are in place, which evaluate this agency's performance through legal reviews, internal audits, and annual independent audits. In addition, Services for Seniors staff complete CCE, ADI, HCE, and OAA service delivery statistics, ADA and ALE HCBS Waiver statistics and other data and report to Area Agency on.Aging of Southwest Florida and the Department of Elder Affairs in accordance with reporting requirements established by the Department. A report/invoice system is developed that track and enter data related to unit's service provided into CIRTS. Services are reported on a weekly basis to permit staff to verify correctness of information before data entry. External effectiveness is also evaluated through both programmatic and contractual grantor monitoring. Through this process we are notified of any deficiencies and suggestions for corrective actions. As a proactive measure, this agency initiates an annual satisfaction survey (Appendix A7) to each client we serve. The feedback is invaluable in providing what we do well and areas needing improvement. The survey also allows clients to voice areas of need and what other community resources might better fulfill their needs. The case management supervisor contacts all clients that have written on the annual survey that they would like to speak to a supervisor directly. The case management supervisor contacts the client directly to review the complaint and works diligently to resolve any reasonable issues the client is experiencing. This may include unusual circumstances that a client needing emergency services because their caregiver has been hospitalized, or an in home health agency terminating their services because of the client's behavior. CCSS maintains good relations with all the OAA Senior Choices contracted vendors and communicates the client complaints to the contracted vendor to ensure that client satisfaction is achieved with their services. CCSS maintains a Complaint Log and every client complaint are logged in by the case manager. The case management supervisor reviews each complaint and resolves any problems that occur with the senior, the vendor and the service. The case 11 Packet Page -2243- 9/10/2013 16.F.1 . management supervisor submits the complaint log to Senior Choices quarterly. Accordingly, Services for Seniors case managers prepare a plan of care for each eligible client in a coordinated effort with the Alik client, and/or caregiver using the approved DOEA format. The plan addresses all client needs and A" considers both formal and informal resources to provide the needed services. Clients are given the option to accept or decline the care plan and in the cases of denial are provided the opportunity to follow the grievance procedure outlined elsewhere in this application. Clients are also provided the opportunity to choose amongst multiple vendors of service when such opportunities are available and the client's choice of vendor is documented within the case file. In addition, case managers monitor the quality of services delivered to the client and outlined in the plan. Q7. Plan For Coordination Between aging network providers include plan for sending/receiving referrals,sharing clients,coordination of services) Collier County Services for Seniors Program (CCSS) coordinates with the Senior Choices 'Elder Helpline for the receipt of client referrals. The Elder Helpline updates their information on an annual basis to confirm availability of certain resources. When the caller presents as an appropriate referral for the services administered by the Services for Seniors program, a referral is taken and emailed to the case management supervisor. Both the case manager and the case management supervisor receive the referral via email. The case management supervisor documents the referrals and assigns the referral to one of the three case managers and assignments are directed to geographic location and/or cultural/language preference in Collier County. The specific case manager assigned to the referral enables the process to be efficient as possible in meeting perspective clients as by DOEA required time line. The case manager will make contact to the potential client and/or care giver and set up a home visit so the case manager can explain the services available, the possible wait list for services and possible co payment schedule depending on which grant contract under which the client will receive services. After completing the home visit and 701B assessment, the case manager submits the information to the CIRTS data entry staff and completes a Triage Request for Services form which includes a score which is generated by the CIRTS assessment and is submitted to the case manager supervisor. The Triage form will be emailed to Senior Choices' designated Program Specialist who presents the case to the Triage Committee for review. Approval for services will be determined by the Risk and Priority scores from the 7018 assessment tool. If a client is not approved for services, client will be placed on a wait list which the case manager will update every 6 months unless the case manager is notified from the client and/ or family member of any significant client changes. When a client is approved for services, the case manager will verify with the client the vendor choice form that was completed during the initial assessment. If client is unable to choose a vendor, the case manager will choose the contracted vendor from the provider rotation list. Services for Seniors staff maintain wait list referrals in locked filing cabinets. Staff meetings are held every two weeks, both case managers and fiscal staff are in attendance. Staff discuss individual client cases, the client services delivered and the current status of surplus/deficits. Specific client care plans are reviewed and new referrals are assigned for home visit assessments. CCHHVS utilizes a centralized system for inputting assessment information and billing data which assures accurate overview of the total grant budget spending. 12 Packet Page-2244- ........................... 9/10/2013 16.F.1 . Q8. Client Targeting and Outreach: (include a synopsis of how you intend to address the OAA targeting requirements: Low income, rural, minority, non English speaking. Actual Target plans and reports will be required annually) (See Appendix AS) GOAL: The2012-2013 Services for Seniors Target Plan is to increase services to Collier County's Hispanic and African American population. Currently, we have provided services to 24% of the Hispanic population and will increase services to 26% by December 31, 2013. We have provided services to 16% of the African American senior population and the goal is to increase service by 3% serving a total of19% of African American seniors. Services are needed in these two groups of seniors due to their isolation and the increasing cultural and socio-economic changes of living in Southwest Florida. PLAN: CCSS provided OAA Ill B services to approximately 961 seniors in 2012 which was a 2% increase from 2011. Our 2013 goal is to assist 977 Seniors and we will continue to target the following populations: 1. Individuals who are 60+ in age 2. Persons living below Poverty Level 3. Minority persons living below Poverty Level 4. Persons living alone 5. Minority persons with limited English Characteristic 2013 60+served 977 BPL 402 Living Alone 478 Minority 359 Minority BPL 258 Low income Minority with Limited English 91 Target Areas AREA POPULATION Golden Gate City,Naples Hispanic population The Estates, Naples Hispanic population • Immoka lee&N.Naples Hispanic,African American& Low-income housing Haitian populations Goodlette Arms Apartments Naples FL Mixed population Haitian Baptist Church Immokalee FL Haitian population 13 • 'r Packet Page -2245- 9/10/2013 16.F.1 . During 2012, CCSS met with Goodlette Arms Apartment residents and staff located in Naples FL and with the residents at both Garden Lakes and Summer Glen Apartments in Immokalee FL. All three apartment complexes have elderly, low-income senior populations that we provide services to once referred and approved by Senior Choices. In 2013, CCSS participated in the Collier County Senior Expo Fair and provided information and eligibility requirements to the public in the community of Golden Gate City. We attended both the Immokalee and Naples Interagency program spotlights. We participated in the staff and caregiver meetings at the Alzheimer's Support Network, presented at the League of Women's Voters monthly meeting and were the spotlight speaker at the Leadership Coalition on Aging monthly meeting. During 2013 to help assist CCSS in achieving their goals for target areas, we will continue to participate in the following community agencies' meetings and develop new partnerships with the following agencies: Immokalee Naples Immokalee Interagency Meeting Naples Interagency Meeting Guadalupe Soup Kitchen Golden Gate Senior Expo I HOPE Community Foundation Alzheimer's Support Network Marion Fether Health Clinic Staff Meeting Neighborhood Health Plan Haitian Baptist Church Leadership Coalition on Aging Roberts Center for Seniors Senior Congregate Meal Sites Catholic Charities Goodlette Arms Apartments Alow CCSS participated in the Hunger and Homeless Coalition's Annual Get Help Clinic, 01/24/13 in Naples FL. Program information was distributed to 60 individuals who reside in Collier County. We will continue to partner with the Collier County RSVP (Retired Seniors Volunteer Program) with annual service days, and volunteer appreciation luncheon to present the CCSS programs. We continue to participate in the Collier County' Homeless Coalition and Migrant Farm Worker's Staff Information Meetings to share the message of our services and target those in most need. Collier County Services for Seniors' staff continue to face unique challenges in serving our Seniors in the Naples Golden Gate Estates and Immokalee, although rural, but not designated as rural areas, are geographically spread out where services are not easy to access and there is limited medical transportation. Target Plan: OA3EG For the 2012 OAA contract year, CCSS provided OAA IIIEG services to approximately 10 seniors which is a 2%increase from 2011. CCSS was able to expend 100%of their grant in assisting seniors who are grandparents and the main caregiver to their grandchild or grandchildren. For 2012, CCSS assisted over 13 grandchildren with the expenses of after school program and summer camp. Presently, for 2013,we have been successful in expending our IIIEG funding by assisting 8 grandparents and 15 grandchildren with summer camp expenses. Target Plan: OA3E For the 2012 OAA contract year, CCSS provided service to 38 clients. In 2011, CCSS served a total of 17 seniors;this was an increase of 50%. In 2012, CCSS was able to assist Seniors and their caregivers with facility respite stays, which included day care that provided much needed rest for clients' 14 Packet Page -2246- ter- 9/10/2013 16.F.1 . caregivers. OAA3E assisted with seniors' medical supplies and gas cards for family to take clients to their specialized medical appointments where there were no other available means of transport to date, CCSS has served 16 seniors to date with facility respite stays, in home services and medical supplies; CCSS has exceeded our 2013 goal of serving 15 seniors. CCSS will continue to target, minority, low-income and low-income minority that speak limited English. Q9. Training: Include plan for Pre, In-service and Annual training of Agency staff including DOEA required trainings CCSS provides an in depth in-service training program and participates in all Senior Choices/DOEA required program trainings. During the CCSS 2012 Annual Program Monitoring completed on site, CCSS was in full compliance of the DOEA and PSA 8 required training for Services for Seniors case managers. In 2012, CCSS staff received over 40 hours of training. In 2013 to date,CCSS staff has received 25 hours of training which includes DOEA required training topics including the overview of community care services, the detailed training of the completion of client assessment forms for determining client eligibility, writing care plans completely with cost allocations, CIRTS data entry, case management- interviewing skills/techniques and file record keeping procedures. CCSS received training on the overview of state and county community agencies and how to interface and partner when providing services to Seniors. The CCSS Training Plan will also encompass the Aging Network Overview, Alzheimer's disease, and Caregiver Training. CCSS is an active member on the Leadership Coalition on Aging- Collier (LCA) and was instrumental in planning and organization of the first Annual Collier County Aging conference in Naples, April 2013. The conference included workshops: Issues on Aging community panel, Dementia/Depression, Care giving Concerns and Geriatric Pharmacology. The CCSS attends the Florida Council on Aging Conference annually, which encompasses three full days of Workshops on specialized elder topics and DOEA information. In addition, CCSS participated in the Department of Elderly Affairs (DOEA) pilot program of the new 701E assessment tool review in the final version of the assessment that was instituted this July 2013. CCSS also participates in monthly staff safety trainings per the County's safety requirements through the Risk Management Department. (See Appendix A9) Q10. Documentation of satisfactory prior performance: [X] Continuation Bidder Documentation of Effective Management/Service Quality. (Provide copies of reports from funding agencies other then the AAASWFL for prior 12 months. If Monitoring Reports indicate program management and /or service delivery problems, please provide response to the report, plan of correction and explain in detail the steps taken to avoid recurrence.) or [ ]New Bidder Documentation of Effective Management/Service Quality. (Provide documentation in form of official reports and / or service evaluations indicating ability 15 Packet Page-2247- 9/10/2013 16.F.1 . to effectively manage agency operations, provide quality services and staff requests promptly. Include: a description of the services delivered; the contract period; and the name, address, and telephone number of the contact person for each of the contracting agencies as well as copies of any monitoring reports, corrective actions and/or other relevant information, including monitoring report response and/or plan of correction.) For more than thirty-nine (39) years, the Collier County Housing, Human and Veteran Services Department, Services for Seniors program has been the lead agency in Collier County for providing case management of elder services. CCSS has received the grant allocations based on prior experience and excellent customer service. Funding from the Federal Older American's Act has established a reputation of excellence in service delivery system provided by this agency for that entire period of time. The high quality of service to this county's elderly is attested to by the excellent programmatic and contractual monitoring results earned by this program. (See Appendix A10) CCSS was commended in the 2012 Program Monitoring for the internal restructuring with the hiring of a grant coordinator and for implementing an internal quality control of client file reviews. CCSS file review error rate was 1.6% and to date it is .08%, both below the <2.0% DOEA/Senior Choices' error rate. In 2012, with 46 files reviewed,there were only three (3) priority errors and zero (0) risk scores noted. CCSS was commended for the service and documentation of the Adult Protective Services (APS) referrals being completed and recorded within the mandated time frames. CCSS is the lead case management agency in Collier and receives grant funding from the Community Care for the Elderly, Home Care for the Elderly and the Alzheimer's Disease Initiative. CCSS Nutrition provides home delivered meals and manages four (4) congregate meal sites in Collier County. Collier County Human Services program partners with both the Homeless Coalition and Direct Assist Collier non-profit agencies so that additional services can be secured for seniors when grant funding is not available. During 2012-2013, CCSS case managers were able to assist two clients by securing donated labor and supplies to completely remodel a senior's bathroom and another senior's home to have central air conditioning installation. Also, this past year, CCSS case managers were able to secure $26,400 in donations of supplies and medical equipment to give to seniors in Collier County. CCSS is a member of the Naples Interagency Council and respected by other providers. CCSS is the authority on securing services and assistance for seniors when services have not been available or when seniors were ineligible for grant funded services. CCSS participates at several ongoing annual speaking venues to assist seniors in securing services and to understand the referral process, available services and eligibility requirements. These presentations were completed at the Alzheimer Support Network and Avow and Vitas Hospices. Q11. Copies of state/local licenses to provide services: 1 Copy of Current License (State and/or County), if applicable,to provide service in each county covered by Proposal should be included. Q12. IRS determination letter granting tax-exempt status(if applicable): On file with Senior Choices of Southwest Florida. 16 =' Packet Page-2248- . 9/10/2013 16.F.1 . Q13. Bound audited financial statement with management letter or current financial statement: If the AAA has the most current (within 12 months) Audited Financial statement on file it does not need to be submitted. (Where management letter cites concerns or problems, provide copy of response as well.) On file with Senior Choices of Southwest Florida. Q14. Assurance of Sufficient Insurance Coverage: (Indication of type and amount will suffice for purpose of this RFP. Chosen Providers must submit verification from Insurance Company following notification of selection): HHVS will submit insurance verification following notification of award. Service Delivery 1. Description of Service Delivery and Coordination Plan: (Provide one sheet for each of the services that you propose to provide. If a service is provided under more than one funding source, only one description is needed.) Access Services: • Case Management • Case Aide • Intake • Screening and Assessment • Transportation 17 Packet Page -2249- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION AMW SERVICE: Case Management SITE LOCATION/S: (If different from Summary Page; provider may attach a list of sites.) FUNDING: X III-B, ❑ III-E PROVIDED: X Directly To Be Subcontracted DAYS AVAILABLE: Monday-Friday;On call on weekends via HHVS cell phone. HOURS AVAILABLE: 8am-5pm,on call after hours via cell phone ACTIVITIES A Case Manager will assess applicants for OAA programs,who are 60 years old and INCLUDED: older and who are frail and possibly eligible for Florida Medicaid. CCSS will provide case management and coordinate all service delivery including linking them with an array of community based services and resources. The Case Manager is responsible for arranging services,developing the care plan,and monitoring the quality of the service provided. The Comprehensive Assessment Tool (701B)will be completed with a well-developed care plan. The Case Manager assesses the client face to face annually and bi-annually with additional visits/contacts to assess the client's status,satisfaction with services and to monitor services semi-annually. Clients will be apprised of their right for grievance if services are reduced or terminated. The Case Manager will serve as a link between the client's noted needs and the client remaining independent as long as possible. COORDINATION After completing an intake on the individual and a service is determined to be Oft METHODS USED TO available,a Case Manager will conduct a home visit to determine the needs and choices ASSURE CLIENT of the client. Providers for the particular services are reviewed with the client and the CHOICE,SERVICE Case Manager will explain that the choice of the client is respected. If the client does AUTHORIZATION not wish to make a choice then the Case Manager will assign the vendor based on a AND AVOIDANCE OF rotation system accessible on the computer and available to all Case Managers. An DUPLICATION OF authorization is sent to the agency to provide the needed service authorizing said SERVICE. service. COMMUNICATION The aide and the client both sign the vendor printed daily service form,which PROCESS BETWEEN documents the provided service and time. The daily,authorization,and the summary AGENCY,PROVIDER of service provision are reviewed weekly to reconcile service provision and services &CLIENT authorized. Although HIPAA restricts the exchange of information,the Case Manager can monitor services the client is receiving to avoid the client's duplicating service. USE OF PROGRAM INCOME-HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative Approved as to form and legality ` � 18 Assistant CountykA..,ttornCY Packet Page-2250- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION SERVICE: Case Aide SITE LOCATION/S: (If different from Summary Page; provider may attach a list of sites.) PROVIDED: x Directly To Be Subcontracted DAYS AVAILABLE: Monday-Friday HOURS AVAILABLE: 8am -5pm FUNDING: (X) Ill-B, (X) III-E ACTIVITIES The Case Aide provides assistance to the Case Manager and to the client by INCLUDED: arranging and coordinating client services. The services are an adjunct to the Case Management and enhance the timeliness of the Lead Agency response to the needs of the client. Case Aide is trained and can enter CIRTS program and billing data. COORDINATION The Case Aide and Case Manager will confer about the needs of a client. The METHODS USED TO Case Aide can access specific program and community resources to facilitate the ASSURE CLIENT needed assistance and allow the Case Manager the time to provide more in-depth CHOICE,SERVICE attention to clients. The Case Management Supervisor will monitor Case Aide AUTHORIZATION assignments to ensure the most appropriate use of time is employed. Case AND AVOIDANCE OF Managers and Case Aide staff will confer with the Case Management Supervisor to DUPLICATION OF assure that the appropriate staff is assigned in completing the duties of these two SERVICE. roles. COMMUNICATION The Case Aide works under the direction of a Case Manager and the Case PROCESS BETWEEN Management Supervisor and follows the HHVS-Services for Seniors program's AGENCY,PROVIDER established policies for case management to ensure communication between &CLIENT agency, provider and client. USE OF PROGRAM INCOME-HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative Approved as to form and legality Assistant Cain+Attorney 19 Packet Page -2251- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION SERVICE: Intake SITE LOCATION/S: (If different from Summary Page; provider may attach a list of sites.) PROVIDED: X Directly To Be Subcontracted DAYS AVAILABLE: Monday-Friday FUNDING: (X) Ill-B, ❑ III-E HOURS 8am-5 pm AVAILABLE: ACTIVITIES The intake function is provided to prioritize clients for services and to evaluate their needs for services.The 701-B form is completed which allows the Case Manager to obtain essential INCLUDED: information in order to assist in screening for eligibility and appropriate service referrals.The client information is then prioritized through CIRTS to be placed on the waiting list.This system of prioritization through the Intake allows staff to provide service to the neediest clients first. COORDINATION Because the grantor agency has centralized the initial contact through the Elder Helpline, METHODS USED TO most initial contacts are through that resource.With the creation if this centralized referral ASSURE CLIENT and information services, CCSS receives referrals for individuals who need a more thorough CHOICE,SERVICE assessment than the intake. Once the case manager contacts the elderly person, completes AUTHORIZATION the 701 B,and determines that s/he may be eligible for OAA or other program services based AND AVOIDANCE OF on the information received,the individual prioritizes the person for a home visit and DUPLICATION OF screening and assessment(SCAB),based on the"priority score"obtained from the CIRTS Turnaround report. SERVICE. COMMUNICATION If the individual does not appear to meet eligibility requirements for any funded program,the individual completing the intake will explain the eligibility criteria and reason for PROCESS BETWEEN determination. Other community resources are explained to the individual seeking services AGENCY, PROVIDER and the staff member completing the initial screening will provide this referral information. &CLIENT Records of this referral are kept and the individuals are provided with an opportunity to file a grievance to appeal the decision of ineligibility. USE OF PROGRAM INCOME-HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative Amok Approved as to form and legality Assistant County Attorney 20 Packet Page -2252- 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION SERVICE: Screening and Assessment SITE LOCATION'S: (If different from Summary Page; provider may attach a list of sites.) FUNDING: (X) Ill-B,(X) III-E PROVIDED: X Directly To Be Subcontracted DAYS AVAILABLE: Monday-Friday HOURS gam-5 pm AVAILABLE: ACTIVITIES Upon the noting on the wait list that the client is next to be seen based on the priority score,the Case INCLUDED: Manager will arrange for and complete a home visit. The client is assessed with the OAA portion of the 701B(plus the caregiver section for 3E)and a care plan is developed detailing the services to be provided.111B clients must be screened and assessed annually. Clients who receive congregate meals are screened and assessed annually.If the client receives only the meals,the SCAS is completed through the meal site. Otherwise the Case Manager completes the 701 B/OAA sections. COORDINATION At the time of the home visit the Case Manager will apprise the client of available resources and screen METHODS USED TO for eligibility for other programs not part of the CCSS programs. If the client chooses to receive services ASSURE CLIENT through CCSS,the client and Case Manager will determine needed services and the client is told of the SERVICE available vendors and told of their right to"choice". CHOICE, Providers for the particular services are reviewed with the client and the Case Manager will explain that AUTHORIZATION the choice of the client is respected. If the Client does not wish to make a choice then the Case AND AVOIDANCE OF Manager will assign the vendor based on a rotation system accessible on the computer and available to DUPLICATION OF all Case Managers. An authorization is sent to the agency to provide the needed service authorizing said service.If the SERVICE. client/caregiver needs respite then the Case Manager coordinates the system of service delivery and coordinates the payment to the vendor.Several Assisted Living Facilities(ALF's)in Collier County cooperate with CCSS through the 3E program. COMMUNICATION Communication is open between the sites/providers and CCSS to ensure that the appropriate service is PROCESS BETWEEN being provided to each person. Communication between the client and CCSS is always open to address any service provision issues,to assure satisfaction with service and to assure the client's needs AGENCY,PROVIDER are being met.Case Managers have voice mail services to take messages from clients or providers &CLIENT when they are out of the office. USE OF PROGRAM INCOME-HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative Approved as to form and legality Assistant County Attorney 21 Packet Page-2253- f 9/10/2013 16.F.1 . SERVICE DELIVERY AND COORDINATION SERVICE: Transportation SITE LOCATION/s: (If different from Summary Page; provider may attach a list of sites.) PROVIDED: Directly X To Be Subcontracted DAYS AVAILABLE: FUNDING: (X) III-B, (X) III-E HOURS AVAILABLE: ACTIVITIES Collier County Services for Senior's staff will work through the Local Coordinating INCLUDED: Board (LCB)for contract transportation services. Clients will be able to access the meal sites by using the available transportation provided through Collier County ATC/Para transit. Access to medical care and necessary shopping for those who are unable to drive is facilitated by the transportation available. COORDINATION METHODS USED TO Collier County Services for Senior's subcontracts with ATC/Para transit, the Collier ASSURE CLIENT County designated LCB transportation provider, to provide transportation to and CHOICE,SERVICE from meal site visits under OAA. Applications are provided by Case Managers or AUTHORIZATION referred to Collier Area Transit for assistance in completing the application. AND AVOIDANCE OF An OAA/meal site client has their transportation arranged through the meal site. DUPLICATION OF SERVICE. COMMUNICATION Each month the transportation records are sent to the Housing, Human and PROCESS BETWEEN Veteran Services Accountant who will then reconcile the transportation records with AGENCY,PROVIDER the meal site records of who received meals and who accessed the transportation. &CLIENT USE OF PROGRAM INCOME-HOW WILL IT BE USED TO N/A INCREASE AVAILABILITY OF SERVICE? APPLICANT, PLEASE COMPLETE: We will provide the above service in all areas of the county or counties we propose to serve. Signature of authorized agency representative Approved as to form and legality AMIN Assistant County Attorney Packet Page-2254- 9/10/2013 16.F.1 . Administrative Assessment Checklist: ADMINISTRATIVE ASSESSMENT OF POTENTIAL PROVIDERS Agency: Collier County Housing Human & Veteran Services Date: August 30, 2013 Address: 3339 Tamiami Trail East, Suite 211, Naples FL 34112 No. of employees: 40 No. of locations of business: 1 Director/Owner'sName: Kim Grant Administrative Assessment: An assessment of your organizations managerial, financial, and administrative capabilities will be made on the basis of your response. If any response is other than "yes" or"no", please reference the appropriate question and give your response on a separate page. This information must be completed and returned with the response to our Request for Proposal. 23 Packet Page -2255- . 9/10/2013 16.F.1 . ADMINISTRATIVE ASSESSMENT CHECKLIST YES NO I OTHER 1 Procurement Are written purchasing policies for procurement of supplies, equipment, X construction, and other services on file? 2 Accounting a. Are financial reports prepared monthly for internal management purposes? X b. Does an independent auditor perform a certified audit annually? X c. Are basic books of accounting maintained? X (1) General ledgers X (2) Project ledgers X (3) Accounts receivable/cash X (4) Accounts payable/cash Disbursement journal X d. Is there adequate segregation of duties among personnel in the accounting X functions listed below? (1) Is payroll prepared by someone other than the timekeepers and persons X who deliver paychecks to employees? (2) Are duties of the bookkeeper separate from cash-related functions? X slow (3) Is the signing of checks limited to those authorized to make X disbursements and whose duties exclude posting and recording of cash received? (4) Are personnel performing disbursement functions excluded from the X purchasing, receiving, inventory, and general ledger services? (5) Are accounting records retained for a period of 5 years? X (6) Does Provider maintain adequate liability insurance coverage? X 3 Personnel a. Are personnel policies in writing and approved by appropriate authority? X b. Are job descriptions provided to all employees at time of initial employment? X c. Are job descriptions on file for all positions? X d. Is each staff member appraised on performance, at least annually? X e. Are staff members asked to review and comment on their evaluations? X Al 24 Packet Page-2256- 9/10/2013 16.F.1 . Certification (signed statement) of availability of 60 days operating funds: I, Leo J Ochs, Jr. , as an authorized representative of Collier County Housing, Human & Veteran Services certify that this firm has and maintains sufficient funds to continue operating at current levels for a minimum of 60 days. Authorized Representative 8/27/2013 Date Approved as to form and legality Assistant County Attorney A2 25 Packet Page-2257- 9/10/2013 16.F.1 . HIPAA Compliance Assurance: I, Leo E. Ochs, Jr. , as an authorized representative of Collier County Housing, Human & Veteran Services, hereby issue this statement of assurance that this agency/company has determined that: [ X ] it is considered a "covered entity" and is in compliance with and is able to meet all of the requirements of the Health Insurance Portability and Accountability Act of 1996. [ ] it is not considered a "covered entity," but will comply with the intent of the Act in the areas of privacy, security and billing. Authorized Representative 8/27/2013 Date Approved as to form and legality Assistant CountyAttorney A3 Amok 26 Packet Page -2258- 9/10/2013 16.F.1 . Statement of No Involvement and Contract Terms and Conditions: STATEMENT OF NO INVOLVEMENT I, Leo E. Ochs, Jr. , as an authorized representative of Collier County Housing, Human &Veteran Services, certify that neither any member of this firm nor any person having interest in this firm has been awarded a contract by the Department of Elder Affairs or the Area Agency on Aging for Southwest Florida on a noncompetitive basis to: (1) Develop this Request for Proposal; (2) Perform a feasibility study concerning the scope of work contained in this RFP; or (3) Develop a program similar to what is contained in this RFP. Authorized Representative 8/27/2013 Date Approved as to form and legality Assistant County Attorney A4 27 Packet Page-2259- 9/10/2013 16.F.1 . CONTRACT TERMS AND CONDITIONS I, Leo E. Ochs, Jr. , as an authorized representative of Collier County Housing, Human &Veteran Services , certify that this firm agrees to all the terms and conditions of the contract as set forth in this Request For Proposal. Authorized Representative 8/27/2013 Date Approved as to form and legality Assistant Count Attorney A5 Amok 28 Packet Page -2260- 9/10/2013 16.F.1 . Statement of Compliance with Service Standards: I, Leo E. Ochs, Jr., have read and understand the requirements and standards for all services to be coordinated or provided directly for which my agency/ company, Collier County Housing, Human & Veteran Services is applying and would be held responsible. I hereby issue this statement of assurance that this agency/ company is in compliance with and is able to meet all of the requirements and standards noted in Department of Elder Affairs Home and Community Based Services Handbook (2009) for services included in this proposal. 8/27/2013 Authorized Representative Date Approved as to form and legality Assistant Count jttoeney A6 29 Packet Page -2261- 9/10/2013 16.F.1 . Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Amok Contracts/Subcontracts: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) The prospective recipient certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs by any federal department or agency. (2) Where the prospective recipient is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification. Signature Date 8/27/2013 Name and Title of Authorized Individual Approved as to form and legality (Print or type) Assistant County Attorney Leo E. Ochs, Jr., County Manager Collier County Housing, Human & Veteran Services Name of Organization A7 30 Packet Page-2262- 9/10/2013 16.F.1 . AVAILABILITY OF DOCUMENTS The undersigned hereby gives full assurance that the following documents are maintained in the administrative office of the provider and will be filed in such a manner as to ensure ready access for inspection by the AAA or its designee(s) at any time. The Provider will furnish copies of these documents to the AAA upon request. 1. Current Board Roster 2. Articles of Incorporation 3. Copy of most recent IRS Form 990 (if not-for-profit): 4. Corporate By-Laws 5. Advisory Council By-Laws and Membership 6. Current Equipment Inventory 7. Bonding/Insurance Coverage Verification 8. Staffing Plan a. Position Descriptions b. Pay Plan c. Organizational Chart 9. Personnel Policies Manual 10. Financial Procedures Manual 11. Operational Procedures Manual 12. Interagency Agreements 13. Affirmative Action Plan 14. Outreach Plan 15. Americans With Disabilities Act Assurance and supporting documentation 16. Unusual Incident File 17. Co-Pay Contribution System 18. Civil Rights Compliance Documentation CERTIFICATION BY AUTHORIZED AGENCY OFFICIAL: I hereby certify that the documents identified above currently exist and are properly maintained in the administrative office of the Provider. Assurance is given that the AAA or its designee(s) will be given immediate access to these documents, upon request. 8/27/2013 Signature Date Leo E. Ochs, Jr., County Manager Approved as to form and legality 31 Assistant County Att pey Packet Page-2263- 9/10/2013 16.F.1 . Auk Match COMMITMENT OF CASH DONATION [J Original, dated SFY: FFY: Contract Amendment# Agency Name: Collier County Housing, Human Program: OAA 3B &Veteran Services Donor Identification: Name: Collier County Housing, Human &Veteran Services Street:3339 Tamiami Trail E, Suite 211 City: Naples State: FL Zip: 34112 Phone: 239-252-2273 Authorized Representative: Total Amount # Payments Amount/Payment Contribution Period $8,500.00 12 $708.33 Monthly osolk Special Conditions: Third Party Donors: (Please identify all sources of this cash donation below) X County Government: ❑ City Government: ❑ City Government: ❑ Other: Fl 32 Packet Page-2264- -\ 9/10/2013 16.F.1 . MATCH COMMITMENT FOR DONATION OF BUILDING SPACE [] Original, dated SFY: FFY: Contract Amendment# Agency Name: Program: Donor Identification:Name: Collier County Housing, Human &Veteran Services Street:3339 Tamiami Trail E, Suite 211 City: Naples State: FL Zip: 34112 Phone: 239-252-2273 Authorized Representative: Description of Space: [X ] Office [] Site [] Other Provider Owned Space: 1. Number of square feet used by project 1600 sq.ft. 2. Appraised rental value per square foot$ /sq.ft. 3. Total value of space used by project (1x2) $ Donor Owned Space: 1. Established monthly rental value $ 2. Number of months rent to be paid by donor months 3. Value of donated space (1x2) $ Special Conditions: Donor Certification: The space being donated is owned and `donated' by: I hereby certify intent to donate use of the space set forth above for the program specified above during the program's upcoming funding period. This space is not being used as match for any other State or Federal program or contract. X Date: 8/27/2013 Signature of Donor or Representative F2 Approved as to form and legality Assistant County Attorney 33 Packet Page-2265- 9/10/2013 16.F.1 . MATCH COMMITMENT OF SUPPLIES Aosik [] Original, dated SFY: FFY: Contract Amendment# Agency Name: Program: Donor Identification: N/A Name: Street: City: State: Zip: Phone: Authorized Representative: Description of Supplies: The below described supplies are committed for use by the project for the period of: (From) (To) Computation of Value: Value to be claimed by project: $ Special Conditions: Donor Certification: I hereby certify intent to donate these supplies for the program specified above during the program's upcoming funding period. These supplies are not being used as match for any other State or Federally assisted program or contract. X Date: Signature of Donor or Representative F3 Amok 34 Packet Page-2266- 9/10/2013 16.F.1 . MATCH COMMITMENT OF EQUIPMENT [] Original, dated SFY: FEY: Contract Amendment# Agency Name: Program: Donor Identification: N/A Name: Street: City: State: Zip: Phone: Authorized Representative: Description of Equipment: The below described equipment is committed for use by the project for the period of: (From) (To) Acquisition Description of Item Number Cost Value to Project* 1. 2. 3. 4. 5. Total Value Claimed: *Items that are currently owned by the Grantee or are loaned or donated to the project are valued at an annual rate of 6-2/3 percent of the acquisition value. Donor Certification: This equipment is not included as a contribution for any other State or Federally Assisted program or contract and costs are not borne by the Federal Government directly or indirectly under any Federal grant or contract except as provided for under: (cite the authorizing Federal regulation or law if applicable). X Date: Signature of Donor or Representative F4 35 Packet Page -2267- 9/10/2013 16.F.1 . MATCH COMMITMENT OF IN-KIND CONTRIBUTION OF SERVICES BY STAFF OF SERVICE PROVIDER OR STAFF OF OTHER ORGANIZATIONS .: [] Original, dated SFY: FFY: Contract Amendment# Agency Name: Program: Donor Identification: N/A Name: Street: City: State: Zip: Phone: Authorized Representative: Descriptions of Positions: Position Hourly Rate or # Hours Value to Title Service Annual Salary Worked Project* 1. $ $ 2. $ $ 3. $ $ AnooN Total - $ *Value to project= (# of hours worked) x (Hourly rate) or(Annual Salary _2080 hrs) x (#of hours worked) Donor Certification: These services are not included as match for any other State or Federally Assisted program or contract and costs are not borne by the Federal Government directly or indirectly under any Federal grant or contract except as provided for under: (cite the authorizing Federal regulation or law if applicable). It is certified that the time devoted to the project will be performed during normal working hours. X Date: Signature of Donor or Representative F5 36 �. Packet Page-2268- 9/10/2013 16.F.1 . MATCH COMMITMENT OF IN-KIND VOLUNTEER PERSONNEL AND TRAVEL [] Original, dated SFY: FFY: Contract Amendment# Agency Name: Program: Donor Identification: N/A Name: Street: City: State: Zip: Phone: Authorized Representative: The volunteer staff positions identified below will be filled by local volunteers who will be recruited, trained and supervised as an ongoing activity of our agency. We will maintain volunteer records to document individual volunteer activity. Describe Volunteer Effort: Equivalent #of Value Position Title Hourly Rate Hours to Project 1 $ $ 2 $ $ 3 $ $ TOTAL VALUE TO AGENCY $ Equivalent Hourly Rates were determined by: [] Rates for comparable positions within own agency. [] State Employment Service estimate of rates for type of work. [ ] Rates for comparable positions within other local agencies. ESTIMATED X RATE = VALUE MILEAGE PER MILE Donor Certification: I hereby certify that commitments have been received from individual volunteers or groups sufficient to provide the volunteer hours and travel identified above. X Date: Signature of Agency Official Name: F6 37 Packet Page-2269- 9/10/2013 16.F.1 . SERVICE UNIT RATE QUOTE Proposed Service Proposed Rate/s Case Management Total Unit cost $ 50.00 90% Reimbursement Rate $ 45.00 Case Aide Total Unit cost $ 27.78 90% Reimbursement Rate $ 25.00 Intake (EHEAP ONLY) Total Unit cost $ 27.78 90% Reimbursement Rate $ 25.00 Screening and Assessment Total Unit cost $ 50.00 90% Reimbursement Rate $ 45.00 Transportation Total Unit cost $ 100% Cost 90% Reimbursement Rate $ 90% Cost 38 Packet Page -2270- -.% 9/10/2013 16.F.1 . III-E Respite — Day Care Total Unit cost $ 11.12 90% Reimbursement Rate $ 10.00 Day Care Sitter Total Unit cost $ 13.34 90% Reimbursement Rate $ 12.00 Ill EG — Child Day Care Total Unit cost $ 16.67 90% Reimbursement Rate $ 15.00 Screening and Assessment Total Unit cost $ 50.00 90% Reimbursement Rate $ 45.00 Specialized Medical Equipment, Service & Supplies Total Unit cost $ 100% Cost 90% Reimbursement Rate $ 90% Cost *Based upon current PSA 8 Rates 39 Packet Page-2271- �` 9/10/2013 16.F.1 . Acceptance of Service Rates In accordance with the contract requirements of Title IIIB and Title IIIE of the Older Americans Act and this bid document Collier County Housing, Human and Veteran Services Agrees to provide the service proposed in this proposal for the approved rates. 8/27/2013 Leo E. Ochs, Jr., Signature of Authorized Agency Representative Date Approved as to form and legality t Assistant County Attorney 40 Packet Page -2272- 9/10/2013 16.F.1 . Al Organization Chart 41 Packet Page -2273- ................................... 9/10/2013 16.F.1 . 01 ! \ 0 3 c to S g o`o. mca wg 1:1-e7 5.: aa,' a� Nw wN a z - 3 = '°r 0 Li �' '^ IL r \ N / R r u,02 C)to n'm ni3 C)'N c) n m 0 c m c g Ito 3 t) v 2 c 3 2• ,o "a dN wE coa 2R• 2° n tap it °' .1D. � 2 3 n m = Uri -t 1 m 2 - t =1 m a s = — j m< o j w 3 ry, ...= l 22�j(0 " C tQ c _ (, Z U lD 7c w n f) mo E a cL ' I rn m C co o C � >R. 8 2 g w § ,o g >. >> Cl) ?'a O f a § 33c Z s-a � 0 g v § v 2 . w c 0. a.0 a Cr._ w d o 7 o K C Cl N w O - N - C 0 b -I 0 td 7 y I T m O 10 R. = Co ^� _. g ^2 c w = 0 0 O O O 3 0 0 m ar m- » > ya,_ ai P s C Tc w m 0 0 G �w m u, w c _ o a o O 8 d o 8 O.a° -6 ,a- �to - g ' a= a c a 7 O to a•w 0 co y w El o 3 d Ea yo ' W Dom p =w 0 n a �� a • 8rnw -0 , 4 - -+D 30 to _ 3 O R / {q o <-c r �/ Oo G7o m cI mu yn w ,„ w g ^w 3m a"'� F 0 3 0 3 0 g i o 'o o a El 3 m O 0 _ g. vRn _ 1° m # •e , S o = N Z F) Aoll 42 Packet Page -2274- 9/10/2013 16.F.1 . A2 Job Descriptions 43 Packet Page -2275- 9/10/2013 16.F.1 . Code: 15593 odlk Pay Grade: 12 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: CASE MANAGER ASSISTANT PURPOSE OF CLASSIFICATION The purpose of this classification is to provide assistance to case managers who conduct a client centered series of activities which includes planning, arranging for, and coordinating appropriate medical assistance services for an eligible client. Employees in this classification assist case managers in assessing the needs of clients, and arranging and coordinating services/resources through county, state, and federal programs. These programs include ones offered through the area agency on aging and/or provided by the Collier County Board of County Commissioners. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Completes eligibility assessment of clients;assists case managers in developing a care plan to meet the service needs of the client; arranges and coordinates needed services for clients;provides follow-up with clients' as needed. Maintains federal,state,and County mandated client records;prepares reports;writes letters and correspondence. Contacts and advocates with other community agencies on clients' behalf. Assists in crisis interventions. Provides information and referral for the general public and agencies;receives,processes,and tracks referrals. Completes telephone intakes; develops and maintains CIRTS client tracking systems for active clients; develops and maintains information and referral database. Represents departmental interests at community meetings;attends seminars and in-service training. Tracks all client contacts of contact on behalf of client. Provides interviews to walk-in clients. Reviews and implements new and changing program requirements. Arranges for access to medical care. Operates a computer, printer, calculator, facsimile machine, copier, telephone, cellular telephone, automobile, pager, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, CIRTS database,or other system software, 44 Packet Page -2276- 9/10/2013 16.F.1 . ADDITIONAL FUNCTIONS Enters data into CIRTS network;answers the telephone;mails requested information;makes copies. Maintains client files. Obtains holiday gifts and food for clients. Performs other related duties as required. MINIMUM QUALIFICATIONS The position requires the ability to observe clients,record information,conduct client interviews,assist case managers in implementing treatment plans,employ problem-solving techniques,handle crisis intervention matters,and use proper referral procedures. Applicants must have effective communication skills,a strong sense of responsibility,and the ability to manage time effectively.Must demonstrate experience with direct contact with elders and individuals who are vulnerable to exploitation or mistreatment;and the ability to display patience,understanding, and a strong desire to help others. A high school education with proven leadership ability,either from previous experience or as a volunteer as an assistant to Human Services,Social Work,Gerontology,Psychology,Nursing,or closely related field;one year of experience in social services related work;or any equivalent combination of education,training,and experience which provides the requisite knowledge,skills,and abilities for this job.Must possess and maintain a valid Florida driver's license.Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project,program,or designated area of responsibility. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate,maneuver and/or control the actions of equipment,machinery,tools,and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages;the ability to utilize principles of fractions;and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory,judgmental,or subjective criteria,as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: 45 Packet Page -2277- 9/10/2013 16.F.1 . ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work,but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds, odor, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as odors,temperature extremes,traffic hazards,bright/dim lights,or disease. Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. 46 Packet Page-2278- 9/10/2013 16.F.1 . Code: 15595 Pay grade: 18 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: CASE MANAGER PURPOSE OF CLASSIFICATION The purpose of this classification is to provide case management, which is a client centered series of activities including planning, arranging for, and coordinating appropriate community- based services for an eligible client. Employees in this classification assess the needs of clients and arrange and coordinate services/resources through County, State, and Federal programs. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Completes eligibility assessment of clients; develops a care plan to meet the service needs of the client; arranges and coordinates needed services for clients;provides follow-up with clients as needed. Maintains federal, state, and county mandated client records; prepares reports; writes letters and correspondence. Contacts and advocates with other community agencies on client's behalf. Assists in crisis interventions; provides clients and families with short term counseling. Provides information and referral for the general public and community agencies;receives,processes, and tracks referrals. Develops and maintains client tracking system for active clients; develops and maintains information and referral database. Complies with each program's requirements. Reviews and implements new and changing program requirements. Represents departmental interests at community meetings; attends seminars and in-service training classes. Provides interviews for clients and schedules home visits. Tracks all client contacts on behalf of client. 47 Packet Page -2279- 9/10/2013 16.F.1 . Amok Provides interviews to walk-in clients to assess their needs. Arranges access to medical care for clients. Operates a computer, printer, calculator, facsimile machine, copier, telephone, cellular telephone, automobile, pager, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, or other system software. ADDITIONAL FUNCTIONS Enters date into computer; answers the telephone; mails requested information; makes copies. Maintains client files. Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS Bachelor's degree in Human Services, Social Work, Gerontology, Psychology, Nursing, or closely related field; three years of experience in social services related work; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida driver's license. Must possess and maintain certifications that may be required for a particular program. Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project,program, or designated area of responsibility. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or material used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; 48 Packet Page -2280- ............_..._.._.......... _............................. 9/10/2013 16.F.1 . and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule dorm; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory,judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: 49 Packet Page -2281- 9/10/2013 16.F.1 . COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: SUPERVISOR-CASE MANAGEMENT PURPOSE OF CLASSIFICATION The purpose of this classification is to provide supervision, evaluation, training, and delegation of work to Case Managers, and intake staff. This position is responsible for the review and monitoring of client assessments and client care plans to ensure that policies regarding the prioritization, determination of the type of services, and the level of service of each client are met through arranging and coordinating services/resources through county, state, and federal programs. These programs include ones offered through the area agency on aging and/or provided by the Collier County Board of County Commissioners. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Aow Supervises case management staff, and case manager assistant(s). Reviews client care plans and client case records to assure completeness, accuracy and timeliness. Authorizes service delivery for clients, tracks service level expenditures, and recommends service level increases and decreases to ensure that client goals and target service levels are met. Coordinates and monitors service delivery with subcontracted community service providers and resolves problems as identified. Resolves problems between the case manager and client or caregivers. Assists caregivers and family members in obtaining training and counseling as appropriate. Develops and coordinates information and referral relationships with other community agencies. Assures that all service provisions are followed as prescribed by federal, state, and county policies. Assures that all data entry and reporting requirements are met as specified by program funding sources. 50 Packet Page-2282- 9/10/2013 16.F.1 . Develops and implements training plan for staff. Maintains client caseload and assigns client caseloads to case management staff. Develops client caseload coverage plan for staff vacancies. Recommends employee selections and implements employee disciplinary actions as appropriate. Develops and implements Seniors Program policies, procedures, goals, and objectives which establish contract compliance; establishes methods for the provision of all services; monitors programmatic achievement of established goals. Represents Seniors Program and/or the Department of Human Services on task forces as necessary; serves as primary Seniors Program programmatic liaison with state designated Area Agency on Aging in conjunction with Human Services Director and Human Services Grant Manager. Performs other duties as may be required. Reviews and implements new and changing program requirements. Arranges for access to medical care. Operates a computer, printer, calculator, facsimile machine, copier, telephone, cellular telephone, automobile, pager, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, CIRTS database, or other system software. ADDITIONAL FUNCTIONS Enters data into CIRTS network; answers the telephone;mails requested information; makes copies. Maintains client files. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS The position requires the ability to supervise case managers. Applicants must have effective communication skills, a strong sense of responsibility,and the ability to manage time effectively.Must demonstrate experience with direct contact with elders and individuals who are vulnerable to exploitation or mistreatment;and the ability to display patience,understanding,and a strong desire to help others. 51 Packet Page-2283- ............................................................ ... 9/10/2013 16.F.1 . A bachelor's degree in Human Services,Social Work,Gerontology,Psychology,Nursing,or closely related field with itatk proven leadership ability,and three years of experience in human services. Must possess and maintain a valid Florida driver's license.Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project,program, or designated area of responsibility. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning,: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory,judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds, odor, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as odors, temperature extremes, traffic hazards, bright/dim lights, or disease. 52 Packet Page -2284- 9/10/2013 16.F.1 . • Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. 53 Packet Page-2285- 9/10/2013 16.F.1 . .Anow, A3 HIPPA Regulations 54 Packet Page -2286- 9/10/2013 16.F.1 . Collier County Housing,Human &Veteran Services Department Standard Operating Procedures Health Insurance Portability and Accountability Act Updated July 12,2013 Purpose: The purpose of this policy is to ensure that all clients will be notified of their rights to privacy of protected health information, as required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. Description: All clients will be given a copy of the Notice of Privacy Practices,which will explain how their health information may be used. Procedures: Staff: 1. All staff will read and become familiar with CMA 5207, SANCTIONS FOR FAILURE TO COMPLY WITH HIPAA POLICIES sign a Confidentiality form annually. New employees shall review CMA 5207 and complete the Confidentiality form with 10 business days of the commencement of employment. 2. Staff are not to share any Personal Health Information (PHI) of a client unless on a need to know basis. 3. Faxes are to be sent with cover sheets containing the confidentiality statement. 4. Emails with specific client information should be encrypted. ISPs in general are not encrypted. CIRTS is an encrypted system. 5. New employees shall complete training on HIPAA and the Standard Operating Procedures within 30 days of the commencement of employment. All other employees will receive this training annually. Training shall be conducted by the Department HIPAA Privacy Officer. 6. The Department Privacy Officer shall be responsible for obtaining executed Business Associate Agreements from Business Associates. A standard Business Associate Agreement, approved as to legal sufficiently by the County Attorney's Office, shall be made available by the HIPAA Privacy Officer for use by affected County entities. The HIPAA Privacy Officer shall have the authority to execute the document on behalf of the County. The Department Privacy Officer shall obtain Business Associate Agreements at the commencement of new vendor Agreements or in accordance with the requirements set forth under Federal Law. Offices: 55 Packet Page -2287- ..............._......_..._......... 9/10/2013 16.F.1 . 1. A copy of the Notice of Privacy Practices is displayed in the lobby. Atosk 2. Client related information and files are in lockable cabinets in secured offices after hours and on weekends. 3. A second key is kept in a case in the over-head cabinet at the Administrative Secretary's desk. 4. Schedules open to public view should not show client identifiable information. 5. Documents put in the file holders on the doors should have identifiable information turned in toward the door. 6. Place items face down on the Case Manager's chair or desk if that Case Manager is not in the room. If a Case Manager is conducting a home- visit, care should be given to PHI that is transported in a vehicle placing items face down so as not to be seen or revealed. 7. All records containing client information must be kept for seven years. 8. Computer monitors shall be placed in a manner that shall prevent intentional or inadvertent viewing by non essential parties.Verbal discussions of client PHI shall be avoided in public areas and shall be confined to private areas whenever possible. Social Services Program: 1. Clients are given an Intake form upon arrival to the office. 2. New clients will be given a copy of the Notice of Privacy Practices (NPP). 3. The Case Manager will explain the NPP and obtain the client's signature of receipt. 4. The client will sign the Authorization/Consent form indicating their receipt of the NPP. 5. The clients will be provided a copy of their signed Authorization/Consent form. 6. The original of the signed Consent is kept in the client's file. 7. Files should be re-filed immediately after the notes are completed. 56 Packet Page -2288- ............................................................ 9/10/2013 16.F.1 . 8. Specific authorization does not have to be given by the client if the transaction is related to treatment or payment (see the NPP under Treatment). 9. Information can be shared with the family of a client provided the client has signed a release of information for the specific family member. Services for Seniors: I. New clients will be given a copy of Notice of Privacy Practices. A signed receipt of the notice is maintained in the client's record. 2. The original signed consent form will be kept in the file. The client signs this form annually. 3. A copy of the Consent will be given to the client. 4. All faxes to any Vendor or the Senior Choices of Southwest Florida (AAA)will have a cover sheet with the confidentiality statement. 5. All emails will have the confidentiality statement (now available on Desktop). 6. CIRTS transactions are encrypted and are HIPAA compliant. 7. Care Plans do not need to be sent to Vendors for Chore only clients. 8. We are considered a Treatment entity and do not need specific authorization to access resources in the course of providing for the client's best interest over and beyond the Authorization. 9. Do not share information with anyone except on a need to know basis. All staff in the HHVS office are considered in the circle of need to know and need to comply by annually signing the HHVS Policy on Confidentiality; staff agree to protect all clients' HIPAA and confidential information. Miscellaneous: 1. If the client has a complaint or concern then they are to be referred to the Privacy Officer Assistant. 2. The clients have the right to request: ❑ Access to their records ❑ Amendments to their records ❑ Restriction to access of their records 57 Packet Page-2289- 9/10/2013 16.F.1 . 3. The client has the right to file a complaint about the privacy policies. 4. The client's legal representative has the right to access the client's information in lieu of the client. 58 Packet Page-2290- 9/10/2013 16.F.1 . A4 Release of Information 59 Packet Page -2291- 9/10/2013 16.F.1 . Co ler County Public Services Division Housing, Human&Veteran Services SERVICES FOR SENIORS RELEASE OF INFORMATION I, , hereby give my consent to release to the Collier County representative the following types of information pertinent to decisions concerning the furnishing of home care and related services: • Information about my physical condition, treatment rendered, medical and hospital records, or any other material or information related to my medical history. • Such social and economic information as may be needed to assist me satisfactorily. I also authorize the release of information to agencies and persons as deemed necessary by the Housing, Human and Veteran Services Department. Such information may be used by Collier County Housing, Human and Veteran Services to obtain assistance for me or my family from other agencies or organizations within the community. I also understand that while I will not necessarily be refused service by failure to sign this form, refusal to provide needed information may make it difficult to arrange services to help me. If I believe I have been unfairly denied program services, or if information is wrongfully used, I will be entitled to a fair hearing. A photocopy of the original of this Authorization for Release of Information shall be as valid as the original signed authorization. Client signature: Date: Cm Intl's: I hereby acknowledge that I have reviewed a copy of the Collier County Housing, Human and Veteran Services Department Notice of Privacy Practices and have been provided an opportunity to receive a copy. Client signature: Date: Cm Intl's: I hereby confirm I am not a relative of an employee nor am I a current or former employee of Collier County Housing, Human and Veteran Services Department or former county department serving social, senior or housing programs. Client signature: Date: CM Intl's: Iiousing. Human 60 Vel:ri-:1E7 Service, .._ 2U.CrAR r2r:�, •ttiy ;,iVAX-1464, 7z�z - Packet Page -2292 4`F 2 t L k� N_ .t _ -- _ _. e. .'1T_i 5uj•o�w��.c ,�.Crvy tiha.?.:<*5. r;_Cn 9/10/2013 16.F.1 . A5 Grievance Procedure 61 Packet Page -2293- 9/10/2013 16.F.1 . oak MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPUCABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS OR REDUCTIONS IN SERVICE Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families(DCAF)Office of Appeal Hearings in addition to or as an alternative to these procedures, NOTICE TO THE RECIPIENT OF ADVERSE ACTION TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION • The recipient must be informed by the decision maker of the action, in writing,no less than 10 calendar*days prior to the date of the adverse action will be taken. (Prior notice is not applicable where the health and safety of the Individual is endangered If action is not taken immediately; however, notice must be made as soon thereafter as practicable.) • Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. • The Notice must contain: • A statement of what action is intended to be taken; • The reason for the intended action; • An explanation of: 1. The individual's right to a grievance review if requested in writing and delivered within 10 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual); 2. In Medicaid Waiver actions,the individual's right to request a fair hearing from DCAF; 3. The individual's right,after a grievance review,for further appeal; 4. The right to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue until a final decision is made regarding the adverse action; and a statement that the individual may represent himself/herself or use legal counsel, a relative, a friend,or other qualified representative in the requested review proceedings. • All records of the above activities must be preserved in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW • Within 7 calendar*days of the receipt of a request for review,the provider must acknowledge receipt of the request by a written statement delivered to the requester.This statement must also provide notice of: o the time and place scheduled for the review; 1 62 Packet Page-2294- 9/10/2013 16.F.1 . o the designation of one or more impartial reviewers who have not been involved in the decision at issue; o the opportunity to examine, at a reasonable time before the review, the individual's own case record,and to a copy of such case record at no cost to the individual; o the opportunity to informally present argument,evidence,or witnesses without undue interference at a reasonable time before or during the review; o a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted. • All grievance reviews must be conducted at a reasonable time,date and place by one or more impartial reviewers who have not been directly involved in the initial determination of the action in question. • The reviewer(s)must provide written notification to the requester,within 7 calendar*days after the grievance review,stating: o the decision,the reasons therefore in detail; o the effect of the decision has on current benefits, if favorable; or the circumstances regarding continuation of current benefits until all appeals are exhausted; o the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7 calendar* days,except in decisions involving the professional judgment of a legal assistance provider; o the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; o the opportunity to be represented by himself/herself or by legal counsel, a relative,a friend or other qualified representative; o for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE AREA AGENCY ON AGING • Within 7 calendar*days of the receipt of a notice of appeal of a grievance review decision,the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: o the time and place scheduled for the appeal; o the designation of one or more impartial AAA officials who have not been involved in the decision at issue; o the opportunity to examine at a reasonable time before the appeal the individual's own case record to date,and to a copy of such case record at no cost to the individual; o the opportunity to informally present argument,evidence,or witnesses without undue interference during the appeal; 2 63 Packet Page -2295- 9/10/2013 16.F.1 . o assistance,if needed,in order to attend the appeal; o and the stopping of the intended action until all appeals are exhausted. • All appeals of grievance reviews must be conducted at a reasonable time,date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. • The designated AAA official(s) must provide written notification to the requested within 7 calendar'days after considering the grievance review appeal,stating: o the decision,and the reasons therefore in detail; o the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; o the individual's right to appeal,if applicable. • Except for Medicaid Waiver actions,the decision of the AAA shall be the final decision;and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. • All records of the above activities must be preserved and remain confidential.A copy of the final decision must be placed in the client's file. *In computing any period of time prescribed or allowed by these guidelines,the last days of the period so computed shall be included unless it is a Saturday,Sunday or legal holiday,in which event the period AotkotA shall run until the end of the next day which is neither a Saturday,Sunday or legal holiday. 3 wok 64 Packet Page -2296- .......................... ............................................ 9/10/2013 16.F.1 . • A6 Notice of Adverse Actions 65 Packet Page -2297- ................ 9/10/2013 16.F.1 . Collier County Housing,Human and Veteran Services Department Standard Operating Procedures Notification of Adverse Actions; Reductions, Suspensions,Terminations of Benefits/Services Effective September 1, 2007 Purpose: To describe the process of reducing,suspending or terminating client benefits or services. Description: Proper notification is required when an adverse action affecting a client's benefits or services is intended to be taken by the agency. Procedures: 1. The client must be informed by the decision maker of the action, in writing, no less than 10 calendar days (not including a Saturday, Sunday or legal holiday) prior to the date the adverse action will be taken. 2. Services cannot be suspended,reduced, or terminated,nor any adverse action taken during the 10 day period. ALl000 3. The notice must contain a statement of what action is intended to be taken,the reasons for the intended action and an explanation of the following: A. the clients' right to a grievance review within the 10 day notification period. B. in Medicaid Waiver actions, the clients' right to request a fair hearing from the Department of Children and Families. C. The clients' right, after a grievance review, for further appeal. D. a statement that the current services/benefits will continue if a grievance review is requested and will continue until a final decision is made regarding the adverse action. E. a statement that the client may represent himself/herself or use legal counsel, a relative or friend, or other qualified representative in the requested review proceedings. 4. Client provided a copy of the "Collier County Services for Seniors Grievance Procedure" and "Minimum Guidelines for Recipient Grievance Procedures Applicable to all Adverse Actions Deemed Terminations, Suspensions or Reductions in Services". 66 Packet Page-2298- 9/10/2013 16.F.1 . A7 Sample Client Satisfaction Survey 67 Packet Page -2299- .............. 9/10/2013 16.F.1 . CoMed' County Public Services Division Housing, Human &Veteran Services 2013 Services for Seniors Satisfaction Survey Date: June 2013 Please take a few minutes to answer the following questions. You may provide us with your name at the end if you choose. PLEASE RETURN THIS FORM IN THE ENVELOPE PROVIDED BY JUNE 3`d, THANK YOU. 1. Are you satisfied with the help you receive from Services for Seniors and your Case Manager? Very Satisfied Satisfied Not Satisfied Please circle the name of your case manager: Debbi Maxon Carlton Bronson Polly Currie Sara Gutierrez Louise Pelletier 2. Do you feel that he/she returns your calls and responds to your requests in a timely manner? YES NO Comments about your case management services: 3. If you are receiving in home services, which Agency is providing the services? Agency: 4. What is your level of satisfaction with the agency's work? Very Satisfied Satisfied Not Satisfied Comments: 5. If you or your family member attends Adult Day Care, such as Care Club,please circle your level of satisfaction with the program. Very Satisfied Satisfied Not Satisfied Comments: 6. What services, if any, could be improved or added? Comments: 8. Would you like a supervisor to call you about your comments? Yes No Name: Phone: Thank you for responding! I lousing, i-I innn and Vetenin Seri 71;is1 Hc:3,1h R,J,11,1•Na;_+5 E l 73!f 7 ;,t;,!CAKE wt:, •.j.ib...t :i I L 1_:1,1•.?c Zw. . a.:r i_.11?.?:i 2n r.`:l RSV( I‘'r[.Il•tJ?•r! t'- E'-`e •4wV✓i fG:YrJCP,i 1g_^grey Packet Page-2300- 9/10/2013 16.F.1 . A8 Collier County Target Plan 69 Packet Page-2301- 9/10/2013 16.F.1 . PSA 8 - COLLIER TARGET PLAN 2013 Characteristic 2013 2014 2015 2016 2017 2018 60+ served 977 997 1017 Minority 359 366 373 402 410 418 BPL 258 268 272 Minority BPL 488 498 508 Living Alone Rural N/A Low income 91 93 95 Minority with Limited English 70 Packet Page -2302- 9/10/2013 16.F.1 . A9 Staff Development & Training Log 71 Packet Page -2303- 9/10/2013 16.F.1 . Aokk STAFF DEVELOPMENT AND TRAINING PROGRAM DEPARTMENT: Collier County Housing, Human & Veteran Services Date EMPLOYEE TOPIC In service Length of Anticipated Training Training 01/19/12 Bronson,C APS—ARTT Yes 2 hours Annually Maxon, D. Currie,P. Pelletier, L. 02/16/12 Bronson,C Interviewing: Skills Yes 1 hour Annually Maxon, D. &Techniques Currie, P. Pelletier, L. 04/19/12 Bronson,C Alzheimer's Disease Alzheimer's 1 hour Annually Maxon, D. Initiative Training Support Currie, P. Network AlookA Pelletier, L. 05/17/12 Bronson,C Aging Network Yes 1.5 hours Annually Maxon, D. System and Currie, P. Community Resources Pelletier, L. Gutierrez, S. 2012 Bronson, C. Community Yes 1 hour Annually Maxon D. Resources Trainings each Currie,P 1/19/12 Disaster session Pelletier, L. Preparedness- 8 hours Assisting Seniors total 2/16/12 Coping Skills at Work 3/22/12 ADT Emergency Alert System 4/1/12 Ethical Issues 06/21/12 Bronson, B. Universal Precautions Yes 1 hour Annually Maxon, D. Pelletier, L. Currie, P. 72 Packet Page -2304- ......................... 9/10/2013 16.F.1 . 7/18/12 Pelletier, L. EHEAP/Fuel Assistance No/AAA 2 hours As Bronson, B Needed Gutierrez, S. Maxon, D. Currie, P. 7/20/12 Gutierrez, S. EHEAP/Fue1 Assistance Yes 2 hours As Maxon, D. Needed Currie, P. 7/20/12 Maxon, D. Hurricane Preparedness/ Yes 1 hour As Currie, P. CM Assist to Seniors Needed Pelletier, L. Bronson, C. Gutierrez, S 8/02/12 Maxon, D. Collier 3 hours Annually Currie, P American Red Cross County/ Pelletier, L. First Aid/CPR/AED Risk Mgmt Bronson, B. Gutierrez, S. 8/24/12 Maxon, D. Yes 1 hour As Currie, P Collier County First Aid needed Pelletier, L. Precautions Bronson, B. Gutierrez, S. 9/21/12 Maxon, D. Yes 1 hour Annually Currie, P Substance Abuse Issues in the Pelletier, L. Elderly Population Bronson, B. Gutierrez, S. 10/19/12 Maxon, D. Client Incidents, Complaints, & Yes 2 hours Annually Currie, P Grievances Pelletier, L. Bronson, B. Differentiation& Documentation 73 Packet Page-2305- __..._..._....._.... 9/10/2013 16.F.1 . inot A 1 0 Senior Choices 2012 Program Monitoring Report Off* 74 Packet Page -2306- 9/10/2013 16.F.1 . • 7St7nft_ .choices of So>uttivvest Florida November 14, 2012 IV1r_ Fred Coyle, Chairman Board of County Cornrnissioners 3299 Tamiami Trail East Naples. Florida 34112 Dear Commissioner Coyle: Senior Choices of Southwest Florida contracts with Collier County Services for Seniors as its Lead Agency in Collier County. Collier County Services for Seniors provides access, in-home, and nutrition services. Funding utilized includes the State of Florida's Community Care for the Elderly, The Alzheimer's Disease Initiative, Home Care for the Elderly, the Federal Older Americans Act and Emergency Home Energy Assistance Programs. Senior Choices recently conducted an on-sight programmatic monitoring of your Lead Agency. The purpose of our visit was to determine program compliance with state and federal regulations and to review quality of services provided. I have attached a copy of our most recent review of your agency. I would encourage you to note the comments reported and contact our office should you have any difficulties with the report. Thank you for your efforts in helping us better serve the older adults of our area. Sincerely, Leigh E.Wade Executive Director Enclosures CC: Kimberley Grant, Social Services Director Louise Pelletier, Case Management Supervisor Th.,:o „re-: rv,%,e rtisce,n:a for;_nl o,S �,� ,r. 1-866-413-5337 I.+�:<: \ :.:-cl,:ii \.c. ':. .. ill':.. .,.. ...:' 1.�,-...�. i",II�:-' �.._=• (..'7"IlV t. _.'lo M1:),. .. .i'. .... . 75 Packet Page -2307- 9/10/2013 16.F.1 . ANNUAL MONITORING ASSISTANCE REPORT PROVIDER: Housing, Human Si Veteran Services-Collier County Government PRIVATE NONPROFIT OI-2GANIZATION PUBLIC AGENCY X COUNTY GOVERNMEN1 CONTACT PERSONS; Kim Grant, Interim Director Louise Pelletier, Case Mariac)c-:rnen(Supervisor Heidi Fahnestock, Nutrition Program Administrative Supervisor TELEPHONE: (239) 202-5443 Fax: (239)252-2635 ADMINISTERING AGENCY: Senior Choices- Area Agency on Aging for Southwest Florida (AAA) CONTRACT NUMBER: OAA 203.11 CCC 304.203.11 ADI 306.203.11 HCE 316/317,203.11 FUNDING PERIOD: July 1, 2011 —June 31,2012 General Revenue Programs January 1, 2011 — December 31,2011 OAA FUNDING SOURC:P• C.)I[Yer Americans Act Title III Community Care for the Elderly (CCE) Home Care for the Elderly(HCP) Medicaid Waiver ADA/ALE Alzheimer's Disease Initiative=. (A01) TYPE OF MC)N1 T(:)7-tiN(4. _X Annual. Special DATES) OF VISIT: October 25, 2012 PARTICIPAN1 S: Senior Choices of SWFL Staff: Ivonne Garcia Mesa. Medicaid Wavier Specialist Suzanne Clarke, Program Specialist Angela Wood, Program Specialist Senior Choices of SW Florida Collier County Monitoring Report 2012 Page 1 76 Packet Page -2308- 9/10/2013 16.F.1 . • Collier County Staff: King Grant, Interim Director Louise Pelletier, Case Management Supervisor Heidi Far nastccp, Nutrition Program Administrative Supervisor Dcbbi Moxon; Case Manger SITES\/ISITRD: The Goodwill-Roberts Center Congregate-meal site in Immokelee was visited on October 16, 2012. Satisfaction survey:were completed during two Horne visits on October 25e and on October 30e six clients were visited at their homes during a monitoring of the Home Delivered Meal route to complete surveys. Executive Surnrrtary The annual on-site lead agency monitoring of Collier County Services for Seniors (CCSS)was conducted on October 25th, 2012 at 3339 East T:amiami Trail, Building H, Naples, Florida 34112. Collier County Services for Seniors is a division of the county government agency. There are currently 496 seniors enrolled in their programs which include nutrition (congregate meal sites and home delivered meals)and case management. They operate four congregate meal sites throughout Collier County. Fhn entrance meeting was held on October 25, 2012.A general outline of the monitoring Schodulo,follow up from the previous monitoring, client visits and assignments were reviewed at this meeting The monitoring roam reviewed 51 client files;there was significant improvement for this monitoring period with nonconlormanoe file, issues. Two Horne visits were made to conduct client satisfaction interviews. The Goodwill Roberts Center Congregate meal site in Immokelee was visited on October Ira, 2012 and the LEA 1-nods driver was accompanied by a Senior Choices team member on October 30th to monitor the Horne Delivered Meal (MOM) route. Senior Choices completed its programmatic monitoring on October 25. 2012 and an exit conference was held via teleconference on October 31, 2012. Collier County Services for Seniors continues to be an advocate for seniors in Collier County by utilizing various community resources when funding is not available. POSITIVE/NOTEWORTHY ACTIVITIES Collier County Services for Seniors implemented some internal changes over the past year to improve their proorarns. A new grant coordinator has been hired and is focused on compliance issues, additional staff is now trained in CIRTS and outreach efforts have increased. In addition.the case management supervisor has conducted internal audits of the files which have proven to be effective as evidenced by the low nonconformance rate for file reviews over the past year. Senior Choices of SW Florida Collier County Monitoring Report 2012 Page e 2 77 Packet Page-2309- ............................................................_................... 9/10/2013 16.F.1 . FOLLOW-UP FROM PREVIOUS MONITORING VISIT There were recurring Findings in both Program and Medicaid Waiver files for incorrect completion of the 701 B assessment. Nutrition documentation, outreach billing, CIRTS Care Plans for nutrition clients and overdue nutrition assessments was also an issue. Nutrition documentation, outreach billing, CIRTS Care Plans for nutrition clients and overdue nutrition assessments are now in compliance and no longer a concern for this monitoring period. However, even though non conformance issues have improved in bath Program and Medicaid Waiver files,there are still some concerns regarding the completion of the ADL/IADL sections on the 701B assessment. PROGRAM COMPLIANCE Administrative: All administrative program documentation is found to be in order and in compliance with the monitoring requirements. • File Documentation: Throughout the year, Senior Choices of Southwest Florida conducts a quarterly review of a random sampling of client files to monitor data accuracy, program compliance, file requirements, care plan and case management activities. The files reviewed from January 2012 tb October 2012 had a total of 40 nonconformances from the 46 files reviewed_ There were only three priority errors and no risk score errors noted. in July of 2012,they were removed from corrective action for program files Clue to a consistent low nonconformance rate. Although the overall file review during this monitoring period was good, there are still some concerns about ongoing nonconformance issues on the 7016 Assessment. There are inconsistencies between the ADL/IADL sections on the 70116 assessment and what is written in the narratives or on the summary. Additional internal training is recommended. Prioritization and ARC outsourced functions: Collier County Senior Services is responsible for the outsourced ARC functions of: OAA Title Ill C —Nutrition Programs, OAA Title Ili E— National Family Caregiver Program, and Adult Protective Services High Risk referral response. Collier County Senior Services has received 123 General Revenue and Older Americans referrals for 7018 assessments from the ARC between January 1, 2012 and December 31, 2012. The Average processing time for the non-Medicaid referrals from date of notice to receipt of completed request for services has been 11.18 calendar days. Senior Choices of SW Florida Collier County Monitoring Report 2012 Page 3 78 Packet Page-2310- ....................... 9/10/2013 16.F.1 . Non Waiver Client 2011 Tracking #af Average Days 2011 Requests January 13 I 25 February 12.38 19 March 14.33 { 28 av 1_.13.....33 ! 15 June '_.,. 13..._.. ......--...._-'------ April M 11 10 66 4 July 12.75 8 August 10.6 7 September 16 2 October S 2 November 8 1 December 6 2 Quality Assurance: Collier County Services for Seniors mailed satisfaction surveys to 239 clients in May 2011 There were 113, (47%) surveys completed and returned. The overall results indicated that their clients are satisfied with the services they are receiving through CCSS. There were two clients visited at their homes during this monitoring period. Both were satisfied with the services they were receiving from CCSS and their vendors. All CCE (Community Care for the Elderly)vendor monitoring was completed by CCSS as agreed upon through the shared monitoring agreement. • Senior Choices of SW Florida Collier County Monitoring Report 2012 Page 4. 79 Packet Page -2311- 9/10/2013 16.F.1 . Nutrition Compliance: Since the last monitoring period, all issues for follow up have been corrected. However, there is a compliance issue regarding volunteer training. All staff and volunteers must be trained yearly in food safety and nutrition if they are serving food. Currently, the volunteers that serve food do not all receive training by the RD. This is a requirement(page 4-113 in manual). There were 29 Congregate and HUM client files reviewed. All files were compliant with required documents. A meal site visit was conducted at the Goodwill-Roberts Center in Immokalee on October 16, 2012. Seven meal site participants were surveyed and all expressed satisfaction with the meal program, however, three participants reported that they were not always satisfied with the quality and taste of the meals. A Senior Choices team member also participated in a HDM route on October 30th, 2012 by accompanying a GA Foods driver during a frozen meal delivery route. The driver was compliant with all guidelines and all participants reported satisfaction with the home delivered meals program. However, a few did have concerns about the lack of constantly with food quality and taste. These concerns were discussed during the exit meeting. Outcome Measures: For the period of January 1, 2012-Sept 30, 2012, CCSS performance results of outcome measures achieved or exceeded standards in seven of nine measures. One of the outcome categories had no measureable outcomes to compare. The standard for improvement or maintenance of Activities of Daily Living(ADL) was 58.97% compared to the standard of 65%. It is understood that this client base is comprised of individuals whose ability to improve performance of ADL's is affected by age. APS: Collier County Sen./ices for Seniors had two high, 19 moderate, and one low risk Adult Protective Service (APS) referrals from October 1, 2011 through October 1, 2012. All APS cases were served within mandated time frames. CCSS does a good job with documentation for the High Risk referrals in ARTT and the client files. Medicaid Waiver: Aged and Disabled Adult Medicaid Waiver Program (ADA): Since the October 2011 annual monitoring, CCSS has had three file reviews. These were completed in February, June and October 2012. The agency was not placed on corrective action during this monitoring period. The Medicaid Waiver specific areas of concern are that the quarterly reviews are being inaccurately documented on the Care Plan, various forms are out dated (provider choice, hospice agreement, and eligibility) and narratives did not convert the minutes to units. The Medicaid Waiver handbook stipulates that both the Senior Choices of SW Florida Collier County Monitoring Report 2012 Page 5 Amok 80 Packet Page -2312- 9/10/2013 16.F.1 . number of units and the number of converted unites must be documented in the narrative. Medicaid Assisted Living Waiver(ALW) Seven files were reviewed for CCSS during this monitoring period for the Assisted Living Waiver Program. The files all met the Med Waiver requirements. No Corrective Action is necessary, however the following were the overall issues: Assessment Summary completed incorrectly, assessment inconsistencies, Care Plan inconsistencies with annualized Care Plan costs form, and documentation of receipt of services. CIRTS Data integrity: No issues noted with CIRTS dace integrity. ISSUES FOR FUTURE FOLLOW-UP There are assessment inconsistencies between ADL/IADL sections(total help/sometimes), narratives, and Assessment Summary with Medicaid Waiver and Program files. All staff and volunteers must be trained yearly in food safety and nutrition if they are serving food. In the ADA Medicaid Waiver client files, both the number of units and the number of converted unites must be documented in the narrative. CORRECTIVE ACTION There is no corrective action for this monitoring. EXIT INTERVIEW An exit interview was held via teleconference on October 31, 2012 with Louise Pelletier, Heidi Fshnestock, Debbie Maxon, Sarah Gutuerre and Carlton Bronson from CCSS. In attendance from Senior Choices of Southwest Florida were Sue Clarke, Angela Wood, Ivonne Garcia-Mesa, and Nicole St. Amand. The results of the monitoring were reviewed and findings discussed. A report will be issued within 30 business days. Senior Choices of Southwest Florida wishes to thank Collier County Services for Seniors for its cooperation and assistance during the monitoring visit. Senior Choices of SW Florida Collier County Monitoring Report 2012 Page 6 81 Packet Page-2313- 9/10/2013 16.F.1 . 41.6. Signatures: • ?cL ./; R L — Sue Clarke, Program Specialist Date j 7 Lt / iLi / An V\gela od, Program Specialist Date /— lvonne'Garcia Mesa, Medicaid Wavier Specialist Date ootok Senior Choices of SW Florida Collier County Monitoring Report 2012 Page 7 82 Packet Page-2314- . .. 9/10/2013 16.F.1 . PROVIDER ADMINISTRATIVE REVIEW Collier County 2012 Yes No N/A Corrective Action Needed GENERAL PROVIDER ADMINSTRATION Does the Provider operate at an optimum level to meet the needs of X — older persons within available resources? Are Computer operators able to access, input data and retrieve X information and reports from the computer system and there is at least one additional trained computer operator? Is there a procedure for responding to emergencies, accidents or X unusual incidents? Is a listing of services and activities posted in a conspicuous location, X where applicable -- Has the Provider developed cooperative mechanisms to refer X consumers to alternate programs where supportive services are available, prior to accessing DOEA funded services? Have satisfactory procedures been established and implemented to X assure the protection of the Civil Rights of all participants in the providers programs in compliance with the Civil Rights Act of 1964? Have satisfactory procedures been established to enable the X participation of handicapped persons in compliance with the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990? Does the Provider have adequate tools, supplies, materials and X equipment to perform the required tasks? H IPPAA/CONFIDENTIALITY Have satisfactory procedures been established to protect the confidentiality of records that include an older person's name and personal information and X to obtain and record the individual's informed consent prior to the release of personal information? The minimum requirement for safeguarding files and records is a locked fife or cabinet. HIPAA training is completed with all new staff/volunteers X ++ January 2012 83 Packet Page-2315- 9/10/2013 16.F.1 . PROVIDER ADMINISTRATIVE REVIEW Collier County 2012 Yes No NIA Corrective Action Needed HIPPA Update training is completed annually with all staff/volunteers X PUBLICITY Has the Provider developed innovative methods of increasing public X awareness of programs?CCSS is a government agency Does the Provider maintain a publicity file? X Are AAA and DOEA acknowledged in documents that originate with X the provider?(Government Agencies are exempt) Are there regular publicity efforts in the community regarding the X Provider's services and activities?CCSS is a government agency DONATIONS/CO-PAYMENTS Are efforts being made to collect donations? X Have satisfactory procedures been established to mobilize public and x private sector support,to the extent feasible, in order to obtain donations of goods, services, or funds; and to obtain and utilize voluntary contributions for services from recipients? Are all persons eligible offered an opportunity p pportuni#y to contribute regardless X of age, handicap or volunteer status? Do the consumer files and financial documentation indicate correct X calculation for Copayments? APS/ABUSE Is the Provider providing prompt and appropriate services to Adult X Protective Services high-risk referrals in a timely manner? Are persons who are referred to the Provider by Adult Protective X Services given priority services? Are suspicions of abuse, neglect or exploitation reported to the protective service abuse registry? —...._-- January 2012 84 Packet Page -2316- 9/10/2013 16.F.1 . PROVIDER ADMINISTRATIVE REVIEW Collier County 2012 Yes No N/A Corrective Action Needed DISASTER PLANNING Has the Provider Director submitted an updated Disaster Plan to the X Area Agency on Aging? Do emergency plans covering various events exist, (severe weather. X fire,domestic events etc) Has the provider staff been trained as to their responsibilities during X art emergency? Does the Provider have a realistic, coordinated evacuation plan to X assure the safety of older persons in the event of an emergency? STAFF TRAINING Does the provider offer appropriate training opportunities to staff and X volunteers? Are there lines of supervision,job qualifications and assignment of all functional tasks have been established and clearly communicated to X all staff, both paid and volunteer, and written job descriptions are available to all staff? Is training provided for all staff(paid and volunteer) in all aspects of service provision, including: Pre-Service and In-service? X Annual in-Service (6 hours required) Required Topics: • Overview of Home and Community based care services X • Relationship of case management to the community care X services system • Use and completion of assessment instruments and care plans X • Interviewing skills and techniques X January 2012 85 Packet Page-2317- ...... __.. _. __.._.... _........ -.._ _.._.... -...._. _.__ - - ~ _ - _~- - 9/10/2013 16.F.1 . "ow PROVIDER ADMINISTRATIVE REVIEW Collier County 2012 Yes No N/A Corrective Action Needed X • Record keeping procedures _______ • CIRTS procedures X -__-___- • Overview of the aging network,AAA, DCF,AHCA, DOEA and ){ there|etionuhipbnthennmmunbycwneo�miuemyotenm -__ -_ ___ • Case manager training re ndi sponsibilities and resource devo|npm�n development X • Interagency coordination and informal network development X training Do records reflect training received? X FACILITY --- ------------- '-- ----------' Aft, Have all applicable safety health and operating licenseslinspections X been obtained and are current? X Are facilities safe,comfortable, do not impede walking, and are designed to meet the special needs of the elderly? Is furniture comfortable and suitable to the needs of the elderly? X Is the Center easy accessibil �apnedvia ramps special X �» "' the handicapped parkmgupaueo. water fountains, neatnoomn. vehicle,etc? SUB CONTRACTS ------------ X -� Provider has monitored all vendor sub contracts per manual requirements and has provided reports to the AAA '____-___--___-| _ Provider has addressed/resolved sub-contractors services issues. X X Provider ensures sub contracted vendors are providing services per Program and Services Manual standards. _____ January 2012 Amok 86 Packet Page-3310- 9/10/2013 16.F.1 . OUTREACH/TARGETING REVIEW Collier County 2012 Yes No N/A Corrective Action Needed X The agency has established a plan to interact with Information and Referral services and available community service agencies? The agency not potential clients initiate outreach activities. X Outreach activities conducted to reach target group individuals, are one to one contact, used to identify their service needs and X encourage their use of available resources? (Groups only) Current funded clients are not counted as Outreach recipients. X Are satisfactory procedures established to assist older persons X located during outreach activities to link them with the appropriate service agency, either directly or through I &R services? X Is there access to a comprehensive community resource file? Are targeting plans completed,analyzed and updated annually? X Are Outreach Plans completed and provided to the AAA semi- X annually? January.2012 87 Packet Page-2319- 9/10/2013 16.F.1 . OUTCOME MEASURE REVIEW—Actual achievement Collier County 2012 # Outcome Measure Standard Performance Result Percentage of Customers who are at imminent risk I of nursing home placement who are served with 90% 100% community based services. Percent of Adult Protective Services(APS)who are 2 in need of immediate services to prevent further 97% 100% harm who are served within 72 hours. Percentage of elders assessed with high or 3 moderate risk environments who improved their 79.3% NA environment score. Percentage of new service recipients with high risk 66% 83.33% 4 nutrition scores whose nutritional status improved. Percentage of new service recipients whose 5 Activities of Daily Living (ADL)assessment scores 65% 58.97% maintained or improved. Percentage of new services recipients whose 6 Instrumental Activities of Daily Living(IADL) 62.3% 74.36% assessment scores has been maintained or improved. Percentage of family and family-assessed 7 caregivers who self report they are very likely to 89% 97.94% provide care. Percent of caregivers whose ability to continue to 8 provide care is maintained or improved after on 90% 99% year of service intervention (as determined by the caregiver and the assessor). Average time in Community Care for the Elderly 9 (CCE) Program for Medicaid Waiver Probable 2.8 months 1.87 months customers decreases January 2.012 2SZS Packet Page-2320- 9/10/2013 16.F.1 . CLIENT SATISFACTION REVIEW/QUALITY IMPROVEMENT PROGRAM Collier County 2012 Yes No NIA Corrective Action Needed Is an annual client satisfaction survey completed? X Are the results of the annual client satisfactions survey analyzed? X Is the analysis used to improve services? X Do satisfactory procedures exist to objectively resolve service X complaints and evaluate the quality of services, including services provided to handicapped older persons Does the Provider attempt self-evaluation and improvement, including X Quality Improvement initiatives related to services and client interactions? January 2012 89 Packet Page-2321- 9/10/2013 16.F.1 . Agetk FILE REVIEW PROGRAM Collier County 2012 Yes No N/A Corrective Action Needed Is pertinent information documented in the case record and updated x when conditions change or following periodic contacts with the client Do case review and home visits take place according to program X �� standards,or more frequently,depending upon the individual client? Is the client reassessed at least once every year, using 701 B? X—� —r Does the case manager appropriately complete a functional X assessment of clients, utilizing 701 B? Does the case manager obtain an authorized release of information X form? Do case managers make appropriate referrals to the Medicaid X Waiver programs? (MW Eligible report) Is a single care plan and confidential file developed for each client? X Avow Is the care plan,developed with the client and important others, contains a description of the client's needs, goals to be achieved, X ' possible barriers to attaining the goal, anticipated service outcomes and the agencies and people involved and responsible for service provision. Does the case narratives record and evaluate unmet service requests/needs, in order to advocate for clients and to plan for future X service provision? Are the case managers and program coordinators developing care X Iplans and/or activity plans,which address physical problems? Are the case managers and program coordinators developing care plans and/or activity plans which focus on assisting consumers X maintain or improve their abilities to perform ADL's and IADL's? Do the case managers recognize environmental deficits when completing the environmental section of the comprehensive X assessment? Do they subsequently make appropriate referrals to modify correctable hazards? Are any changes in the care plan discussed with the client or X caregiver and are signed and accepted by the client or caregiver? January 2012 90 Packet Page-2322- 9/10/2013 16.F.1 . AVAILABILITY OF DOCUMENTS/DOCUMENT REVIEW Collier County 2012 Yes No N/A Corrective Action Needed The following documents were available to and verified by the = Program Specialist during Monitoring: Publicity Examples—press releases and publications(copies for file) X CCSS is a •overnment agency Master Training Documentation File(on site review) X Incidents Report File(copies for file)viewed on site X Complaint tracking logs (copies for file) viewed on site X � 1 ADA Assurance and Supporting Documentation &ADA Policies(on X site review) Client Grievance Procedures (copies for file)None since 2010 X Client Satisfaction Surveys(completed and blank form); analysis, X co•ies for file)_ Active Client List Sorted by City for Disaster(on site review) X Current listing of case managers with current case load numbers X copy for file) Quality Improvement Program (on site review) X Emergency Procedures/Disaster Manual (on site reveiw X Staffing Plan/Organizational Chart X Personnel Policies Manual X Functional Procedures Manual/Standard Operation Procedures X Copies of any license held by agency (Day Care, Companion etc) X Affirmative Action Plan X Consumer outreach/targeting plan X January 2012 91 Packet Page-2323- ..................... ......................................... . 9/10/2013 16.F.1 . NUTRITION PROGRAM REVIEW Collier County Yes No N/A Corrective Action Needed Meal provided meets 1/3 RDA for individual's 51/over. When two meals are served/day,they provide 2/3 RDA. X Potentially hazardous foods are held and transported in a method that ensures hot food temperatures are 140 degrees F or higher and cold food temperatures are 41 degrees F or lower. (Chapter 64E-11, X FAC) Menus developed use the computer assisted nutrient analysis - method and are approved by licensed Dietitian/RD. X Dietitian/Nutritionist adheres to Chapter 468.509, FS, and Chapter 64B-842, FAC. Dietitian is licensed RD. X Provider's RD monitors for compliance with Chapter 84E FAC requirements X RD trains staff and volunteers in areas of nutrition,food service X management and sanitation. Partial:volunteers aren't being trained by RD. RID assists in determining participants'satisfaction and coordinates nutrition education. X RD develops food and menu standards for food service contract; and reviews/approves menus and menu substitutions X Provider maintains daily food temperature logs and menu substitution logs. X Menus are approved by a Florida RD at least 4 weeks prior to use, are dated and posted in a conspicuous location in each meal site X and are ke.t on file for one year. Provider solicits voluntary and confidential contributions, which may include food stamps. Project is authorized to accept food stamps. X Not authorized to accept food stamps. Contributions are used either to increase the number of meals served, facilitate access to such meals or to provide supportive X services related to nutrition services There are standard procedures established to safeguard and account for all contributions. X Priority for service is given to those identified as being in greatest X economic/social need, especially low-income minority individuals.___ Documentation assures provision is made for special menus as X needed for health, religious, or ethnic reasons. L .....__ 92 Packet Page-2324- 9/10/2013 16.F.1 . NUTRITION PROGRAM REVIEW Collier County Yes No N/A Corrective Action Needed Have satisfactory procedures been established to locate and inform X individuals with the greatest economic or social needs and low income minority individuals regarding supportive and nutrition programs? Congregate Meals: Meals are provided 5 or more days a week. One site is open just X three daysper week. Meal sites are established strategically, in as close proximity to eligible individuals'residences as feasible, utilizing multipurpose X senior centers, or other appropriate community facilities- ----- --------- Meal sites: 1) are accessible;2)meet applicable fire, health, safety and sanitation requirements(annual sanitation inspections X documented); and 3) have adequate equipment. Provider maintains quarterly site inspection documentation using the X Meal Site Checklist and follows up on areas of concern. Documentation indicates congregate meal clients are eligible to receive meals. Eligible: [Age 60+years, or spouse of a participant X aged 60+, or handicapped/disabled living in housing facility for the elderly where meals are provided, or a volunteer during meal hours.] Transportation to meal sites is arranged or provided, when needed. X I Congregate meals provided are hot or other appropriate meals. X Project has provided/planned for provision of shelf stable meals in X emer encyand weather related emergency situation. Home Delivered Meals: f There is written documentation that the participants have been assessed as eligible for HDM. Observation supports eligibility X determination_ Eligible: aged 60+, or under 60 if person is spouse of home-bound recipient, disabled, living at home with participant, or elder at risk X with physical, emotional or behavioral condition making congregate dining inappropriate. --- All hot home delivered meals for the noon meal are delivered no X earlier than 10:30 AM and no later than 2:30 PM. Frozen weekly Food is individually packaged, packed in insulated carriers and transported under conditions that ensure temperature control during X delivery; hot and cold food is packaged/.packed separately. Frozen meals are delivered at a maximum of 20 degrees F, or frozen solid Frozen Solid X 93 Packet Page -2325- ............................... 9/10/2013 16.F.1 . Aimik AVAILABILITY OF DOCUMENTS/DOCUMENT REVIEW NUTRITION PROGRAM Yes No N/A Corrective Action Needed Copy of RD signed menus and cycle analysis and documentation X that they were received by the first week of use Copy of RD license and RD liability insurance X Facility checklist signed by RD or documentation of RD monitoring Chapter 64E requirements X Copies of training logs ___..._ X Copies of menu substitution items with RD signature X Copy of temperature logs for one month X Copy of client satisfaction survey and analysis X Amok Copy of targeting plan X List of sites and locations for Congregate Meals X Copy of HDM temp logs for one month Frozen X Copy of annual Nutrition Education Plan Copies of Nutrition Education materials-with RD signature , X Copies of forms used X Documentation that RD has provided Nutritional Counseling X .+era, 7-F Packet Page-2326- 9/10/2013 16.F.1 . MEDICAID WAIVER ADMINISTRATIVE REVIEW ADA MED WAIVER Collier County October 2012 Yes No NIA Corrective Action Needed Agency is following Medicaid Waiver standards X Is the Provider a Medicaid Waiver Provider-or have they applied to X be a MW Provider This section summarizes results from Medicaid Wavier file reviews: #Reviewed: 33 ADA Files contained required Forms/Forms are current X No Note: Some of the eligibility,fair hearing,and provider choice forms were out of date. Client contact was completed following required standards X No Note: A few quarterly contacts were too early. CIRTS Data was correct X Documentation supports need for Medicaid Services X Billing and Claims information is correct X No Note: Numerous claims were billed at different units that the narratives show. MEDICAID WAIVER ADMINISTRATIVE REVIEW ADA Yes No NIA Corrective Action Needed l Is pertinent information documented in the case record and updated a or following x when conditions change g periodic contacts with the client? Do case review and home visits take place at following program X standards, or more frequently,depending upon the individual client? January 2012 95 Packet Page -2327- 9/10/2013 16.F.1 . MEDICAID WAIVER ADMINISTRATIVE REVIEW ADA MED WAIVER Collier County October 2012 Yes No N/A Corrective Action Needed Is the client is reassessed at least once every year, using 701B? X Does the case manager complete a functional assessment of X clients, utilizing 701B? The assessment determines the client's level of functioning, existing resources and service needs. Does the case manager obtain an authorized release of information X form? Do case managers make appropriate referrals to the Medicaid Waiver programs? X Is a single care plan and confidential file developed for each client? The plan, developed with the client and important others, contains a X description of the client's needs, goals to be achieved, possible barriers to attaining the goal, anticipated service outcomes and the agencies and people involved and responsible for service provision. Are adequate records maintained to record and evaluate unmet service requests/needs, in order to advocate for clients and to plan X for future service provision? Are the case managers and program coordinators developing care plans and I or activity plans that address physical problems,such as X dental, vision and swallowing, which impede proper nutrition? Are the case managers and program coordinators developing care plans and/or activity plans which focus on assisting consumers X maintain or improve their abilities to perform ADL's and IADL's? Do the case managers recognize environmental deficits when X completing the environmental section of the comprehensive assessment? Do they subsequently make appropriate referrals to modify correctable hazards? Are any changes in the care plan discussed with the client or caregiver and are signed and accepted by the client or caregiver? X Does the case record reflect adequate documentation on reasons X for reduction or termination? Was the decision to discontinue service made with the client and X caregiver's involvement? January 2012 96 Packet Page-2328- 9/10/2013 16.F.1 . MEDICAID WAIVER ADMINISTRATIVE REVIEW ADA MED WAIVER Collier County October 2012 Yes No N/A Corrective Action Needed Is the client notified in writing of the termination? I� X Is the provider using turnaround reports for data review and X correction to maintain CIRTS data integrity? Were there any concerns relating to the comprehensive No assessment? X If yes, explain. Note: The assessment shows gaps when the assessment summary shows"no gaps." if a client is"Total Help"and is not receiving services,then there should be a gap in the assessment summary. Were there any concerns relating to the Care Plan? X If yes, explain. Were there any concerns relating to the Case Narratives? X No If yes, explain Narratives do not state the number of units being billed. Were there any concerns relating to the Grievance/Fair Hearing X Procedures? If yes, explain. Were there any concerns relating to the Level of Care? X No Note: There was one LOC that was completed late, however the notes were very well documented to justify the reason. Were there any concerns relating to Medicaid Eligibility? X No Note:There was an eligibility that was out of date in the October 2012 monitoring. Were there any concerns that related to the program specifics? No Medicaid Waiver handbook requires that units as well as X minutes/hours be listed in the case narratives.Collier was unaware of this requirement but will implement it from this point forward. January 2012 97 Packet Page-2329- 9/10/2013 16.F.1 . MEDICAID WAIVER ADMINISTRATIVE REVIEW ALW MED WAIVER Collier County 2012 Yes No NIA Corrective Action Needed Agency is following Medicaid Waiver standards X Assisted Living Case Managers meet case load standards X E � Assisted Living Case Managers have Assisted Living Core Training X Is the Provider a Medicaid Waiver Provider-or have they applied to X be a MW Provider This section summarizes results from Medicaid Wavier file reviews:# X Reviewed: 7 ALE Files contained required Forms/Forms are current X X Client contact was completed following required standards CIRTS Data was correct X Documentation supports need for Medicaid Services X Billing and Claims information is correct X FILE REVIEW MEDICAID WAIVER ;.1 Yes No N/A Corrective Action Needed Is pertinent information documented in the case record and updated x when conditions change or following periodic contacts with the client? Do case review and home visits take place at following program X standards, or more frequently, depending upon the individual client? Is the client is reassessed at least once every year, using 701B? X January 2012 98 Packet Page -2330- 9/10/2013 16.F.1 . MEDICAID WAIVER ADMINISTRATIVE REVIEW ALW MED WAIVER Collier County 2012 Yes No N/A Corrective Action Needed Agency is following Medicaid Waiver standards X Assisted Living Case Managers meet case load standards X Assisted Living Case Managers have Assisted Living Core Training X Is the Provider a Medicaid Waiver Provider-or have they applied to X be a MW Provider This section summarizes results from Medicaid Wavier file reviews: # X Reviewed: 7 ALE Files contained required Forms/Forms are current X Client contact was completed following required standards X X CIRTS Data was correct Documentation supports need for Medicaid Services X Billing and Claims information is correct X FILE REVIEW MEDICAID WAIVER Yes No NIA Corrective Action Needed is pertinent information documented in the case record and updated x I when conditions change or following periodic contacts with the client? Do case review and home visits take place at following program X standards, or more frequently, depending upon the individual client? IIs the client is reassessed at least once every year, using 701 B? X - January 2012 99 Packet Page-2331- 9/10/2013 16.F.1 . MEDICAID WAIVER ADMINISTRATIVE REVIEW ALW MED WAIVER Collier County 2012 Yes No N/A Corrective Action Needed Does the case manager complete a functional assessment of clients, x utilizing 701B? The assessment determines the client's level of functioning,existing resources and service needs. Does the case manager obtain an authorized release of information x form? Do case managers make appropriate referrals to the Medicaid Waiver programs? Is a single care plan and confidential file developed for each client? The plan,developed with the client and important others,contains a X description of the client's needs, goals to be achieved, possible barriers to attaining the goal, anticipated service outcomes and the agencies and people involved and responsible for service provision. Are adequate records are maintained to record and evaluate unmet service requests/needs, in order to advocate for clients and to plan X for future service provision? Are the case managers and program coordinators developing care plans and/or activity plans that address physical problems, such as X dental, vision and swallowing, which impede proper nutrition? Are the case managers and program coordinators developing care i -plans and/or activity plans which focus on assisting consumers X maintain or improve their abilities to perform ADL's and IADL's? Do the case managers recognize environmental deficits when X completing the environmental section of the comprehensive assessment? Do they subsequently make appropriate referrals to modify correctable hazards? _-......----._......_-...........__-_.._ _-.. __-_ ------....----- Are any changes in the care plan discussed with the client or X caregiver and are signed and accepted by the client or caregiver? Does the case record reflect adequate documentation on reasons for X� reduction or termination? Was the decision to discontinue service made with the client and X caregiver's involvement? Is the client notified in writing of the termination? X j�" 150,8 "'^4 l' r y,� �g`y {�y y' _ a_.,CA�...a -i�E1� ��.K .,ezC. .,,!M- A !:C3.�if 1�.x+ �'L"�2 "�2" January 2012 100 Packet Page-2332- 9/10/2013 16.F.1 . MEDICAID WAIVER ADMINISTRATIVE REVIEW ALW MED WAIVER Collier County 2012 Yes No N/A Corrective Action Needed Is the provider using turnaround reports for data review and X correction to maintain CIRTS data integrity? Were there any concerns relating to the comprehensive assessment? X If yes, explain, Assessment summary completed incorrectly Were there any concerns relating to the Care Plan? If yes, explain. Care plans need to be updated with correct X annualized total Were there any concerns relating to the Case Narratives? If yes, explain Missing documentation for receipt of services X Were there any concerns relating to the Grievance/Fair Hearing Procedures? X If yes, explain. Were there any concerns relating to the Level of Care? X Were there any concerns relating to Medicaid Eligibility? X Were there any concerns that related to the program specifics? X January 2012 101 Packet Page-2333- 9/10/2013 16.F.1 . CASE MANAGEMENT Collier County 2012 Yes No N/A Corrective Action Needed Does the Case Manager understand Medicaid Waiver financial and X functional eligibility criteria? Does the Case Manager refer all potentially eligible consumers for further X evaluation of eligibility for community programs? Case Management staff have been trained/certified on assessment and care X plan forms with at least an 80%passing score(Sarah scheduled 11/2012) Case Managers meets the requirements to provide case management per X DOEA standards Are Case Managers referring caregivers to supportive services, such as X caregiver training and support groups and promoting caregiver attendance? Is the Case Manager knowledgeable of all formal and informal community X resources in order to coordinate services for clients,including other providers rovlders of Case Management and community programs? Do the Case Managers know program eligibility guidelines and ensure that X clients are added to programs following ARC requirements. Aoki Case Managers Case Loads average 60-70 clients(if more then 100 a x waiver from AAA is required) Does the Case Manager make use of other agency intervention to assist X clients not eligible for provider services,e.g.,volunteers? Are needed services arranged for the clients in a timely manner? X Is a standard procedure for referral and communication with service providers used,including:an overview of the client's needs;a discussion of the probability of the provider accepting the client;and an arrangement for X amounts,duration, and frequency of services? Does the Case Manager conduct follow-up contacts on service X arrangements and referrals within two weeks following such arrangements to assure that services have begun? Does the Case Manager assure that all agencies serving the client know X when services from any agency are planned to change, or are terminated, due to changes in the client's condition? i Are Case managers knowledge of activities that may be considered X "billable"as part of Case Management Does Case Manager Supervisor ensure Program and Services Manual X requirements are completed? January 2012 102 Packet Page-2334- 9/10/2013 16.F.1 . CASE AIDE Collier County 2012 Yes No N/A Corrective Action Needed Is there documentation that all Case Aides have completed Training x and are Certified on DOEA assessment tools? Service is used to gather information conduct follow-ups on X individuals waiting for services and/or application assistance for EHEAP. Staff providing this service have graduated from high school (or GED X &job experience approved by MA.) Case Aide Records are kept. Documents are signed and kept in the X case record. i --- INTAKE Yes No N/A Corrective Action Does the Intake worker direct clients to other sources of help as X needed? --- Is there documentation that all Intake workers have completed X Training and are Certified on DOEA assessment tools? Staff providing this service have graduated from high school(or X GED &job experience approved by AAA.) - January 2011 103 Packet Page -2335- 9/10/2013 16.F.1 . Amok INTAKE (EHEAP APPLICATIONS) ALL CASE MANAGERS Collier County 2012 Yes No N/A Corrective Action Is there documentation that all EHEAP Intake workers have X completed Training and are Certified on DOEA assessment tools? Is there documentation that all EHEAP intake workers have X completed EHEAP training? — SCREENING/ASSESSMENT Yes No N/A Corrective Action Staff performing this service have bachelor's degree. New staff hired x has degree&two years experience in social service programs (or year for year related job experience or combination education/experience substitution approved by AAA-) This service is used to gather information to reassess currently active x clients to determine the need and eligibility for OAA services. Is there documentation that all Intake workers have completed X Training and are Certified on DOEA assessment tools? January 2012 104 Packet Page-2336- 9/10/2013 16.F.1 . A11 IRS Letter 105 Packet Page-2337- 9/10/2013 16.F.1 . Amok 09/05/12 • c■ mun •j1 onsumer's Certificate of Exemption If DR-14 R.04/1, Issued Pursuant to Chapter 212,Florida Statutes DEPARTMENT Rt m 85 8015966531 G1 10/31/2012 10/31/2017 t\"re e'.^ °�j t Certificate r` .;+' --:.ZI Number Effective Date Expiration Date ����i.�. ��'�4`a`',,�h�n This certifies that L.0, 1°^: _ " -• 'vat COLLIER COUNTY sOCC '�r.�i �R> , - ,, P't 3299 TAMIAMI TRL E STE 403 Y ', , `, x Y,t r.FMIj NAPLES FL 34112-6743 k �� (a, At ,,,,,,,.:*9.4E,41. x, ,m ,y <1"ys Is exempt from the payment of Florida sales and use tax on real property rented,transient rentapt rtylFanted,tangible personal property purchased or rented,or services purc fiased. I CORM n DR-f4 Important Information for Exempt Organizations 8.04111 pF vgej 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038,Florida Administrative Code(PAC.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an Individual on behalf of the organization are taxable,even if the Individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property,sleeping accommodations,or other real property Is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property(Rule 12A-1.070,F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200%of the tax,and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions regarding your exemption certificate,please contact the Exemption Unit of Account Management at 800-352-3871. From the available options,select"Registration of Taxes,"then"Reglstratlon Information,"and finally"Exemption Certificates and Nonprofit Entities.' The mailing address is PO Box 6480, Tallahassee,FL 32314-8480. • ate. 106 Packet Page -2338- 9/10/2013 16.F.1 . Al2 Audit Financials This is a 426 page document on the enclosed disk. 107 Packet Page -2339- 9/10/2013 16.F.1 . A13 Insurance Documents 108 Packet Page-2340- 9/10/2013 16.F.1 . �.....,11 COLLI-1 OP ID:DO ACC)Rn' CERTIFICATE OF LIABILITY INSURANCE DATE(MM!DDIYYYY) 08/26/13 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER 239-649-1444 NAME: Insurance and Risk Management 239-649-7933 PHONE FAX Services,Inc. INC.No.Extl: (A/C,No): 8950 Fontana Del Sol Way#200 ADDRESS: Naples,William FL Kuhlman, 4 INSURER(S)AFFORDING COVERAGE NAIC IR William H.Kuhlman,CPCU,ARM INSURER A:Princeton Excess&Surplus 10786 INSURED Collier County Government INSURER B:Underwriters at Lloyds Risk Management Department INSURER C:Midwest Employers Casualty Co 23612 3311 Tamiami Trail East,#D Naples,FL 34112 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBRR POLICY EFF POLICY EXP LIMITS LIE INSR WVD /Y POLICY NUMBER IMM/DDIYYYY) (MMIODYYY) GENERAL LIABILITY j EACH OCCURRENCE i$ 5,000,000 A X COMMERCIAL GENERAL LIABILITY 64A3EX000001509 10/01/12 10/01/13 1 DAMAGE-10 REMSES Ea occurrence} s Included CLAIMS-MACE J OCCUR j MED EXP(Any one person) 5 1,000 A X Professional Liab SIR$200,000 PER OCC 10/01/12 10/01/13 1 PERSONAL&ADV INJURY $ Included I GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I I PRODUCTS-COMP/OPAGG $ 5,000,000 7 POLICY l A 1!N LOC jProf. 15 5,000,000 AUTOMOBILE LIABILITY ( I COMBINED SINGLE LIMIT 5,000,000 (Ea accident) S A X ANY AUTO 64A3EX000001509 10/01/12 10/01/13 BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident}I$ AUTOS _ AUTOS X HIRED AUTOS X NUNINNED I PROPERTY DAMAGE '$ AUTOS i (Per accident) X SIR PER OC 200,000 S UMBRELLA LAB 1 OCCUR EACH OCCURRENCE 5 EXCESS UAB I CLAIMS-MADE I AGGREGATE S CEO 1 RETENTIONS 5 WORKERS COMPENSATION X TV(V)RUU- 6R I AND EMPLOYERS'LIABILITY Y I N C i ANY PROPRIETOR/PARTNER/EXECUTIVE I EWC00855S 10/01/12 j 10/01/13 E.L.EACH ACCIDENT $ 3,000,000 I OFFICER/MEMBER EXCLUDED? i N I A I(Mandatory in NH) SIR$600,000 E.L.DISEASE-EA EMPLOYEE$ 3,000,00D I If DESCRIPTION describe IPTIONunder E.L.DISEASE-POLICY LIMIT $ 3,000,000 _ DESCRIPTION OF OPERATIONS below (J B Property N13NA01740 04/01/13 I 04/01(14 Primary 25,000,000 5%wind&Hall Ded REPLACEMENT COST/SPECIAL AOP Ded. 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Self Insured Retention included within limits of liability. Nothing in this certificate shall constitute a waiver of the sovereign immunity provision of the Florida Statute 768.28. CERTIFICATE HOLDER CANCELLATION MASTCEI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Master Certificate THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i _..._ 109 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Packet Page -2341- 9/10/2013 16.F.1 . Amok Appendix 14 ➢ Unit Cost Methodology: Personnel Allocations (pages 1 -11 ) Supporting Budget Schedule (pages 1 -4) ➢ Service Costs Report Personnel Allocations (pages 1-12 Supporting Budget Schedule (pages 1 -6) > Vendor Cost (pages 1 -8) 110 Packet Page -2342- ..............._........................... _ ..............................._..._......................... ................................_..._....._...._....._....... ................................. ................................ .................................... .... . . 'o `D 2 2 N 2 P „ a a a n a E i P a " r d '1'2;2 9/10/2013 16.F.1 .o rt 2. m v e RE s d n ni= z a v 3 E A c A Z $ 3 a V D () C -1 ,Tal n z a Z R n , 3 3 2. _ s m o a a o 3m Iai rn 3 1 m N m n g '" 0 a 'D ? 4 m A m m F, N m N N 0 t rn £. n c m n D. O N 2 w c n •.m c, Z n n c g 2 S Q NeGxi.-E « ` - -1 Q u q gO w o m O,r. 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CD CD N O co 07 co o Cn co Z fin b 0 N O W N N D 7 o a D 0 0 o N m0 gip ? mm ngiw�m� c 0 �apim o 3 m no i -i m ma mT' fD .- no-07 0 z iv m zr zr y0 mo) momv, m " � � ,,,-7 o to g v -1 Z i * 1.1. > � 0cor -,N0t_ o0co -I ° v m' G) -mi CDC)i c mQNI3wmvIFa Q w m c m 7 9 m m > m y = m4m w y m m rD g 0- o: 0) p a— m P. ∎m2 13 • iOF. 0 m m a N S mi- o a_g i I 8 �,._.._6 fir a ow > M�mC)mgc�Dgggc� nYC� apc� 0 CD LAIR-U o 0 73 m m N= 0.0 N d N n m m m 0 O n trail 0 00)) en m 0 m . m 0 0 N to M tD .+ 0 C M a C CD C .. N N b Co 1 I C. C Z C 'I D O top ELK S>:cn K 7 to to to K v'3 g ^ 0 m1 n O Z h 70 m Nvfn00'm0 = mmm0to » 01= $ 0 z - C� m!mr c -1 0 o m mcDt7m o0000 mtm m 73 _1 I co 0 3 c- c $ y o m -co co 00 too o 0 c m to _i nto -i o - 3 w c�Ipc» m o co o 0D a 0 0 o CCD N% no CD - Z co �y O tniO� z 1 �i a N� m n5i not m c o z o A ? �y1p0 1 V f o'_ o _ o n;1�' w_ wA * � <Im f ? �� - R+ 0 ,1rn 1 T ? 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Dr Ad 4rrNi rWr(1r. Monthly and YTD Service Units with Unduplicated Client Counts PSA: 08 Provider: 81302 Location: ALL LOCATIONS Program: ALL PROGRAMS Service: ALL SERVICES ELDER Start Date: 01/01/2013 End Date: 06/30/2013 Fiscal Begin Date: 07/01/2012 AFFAIRS STATE OF FLORIDA Include Zero Unit? Y Include Aggregate? Y Group by: Location, Program, Service ~M MTH(Monthly) Unduplicated _ Location Program Service YTD(Year to Date) Units Provided Client Count 01 ADI CM MTH 13.75 2 L(:)..\: L&� n`u. YTD 26.00 2 CCE' CM MTH 968.50 163 -:mss.JiGcr,r,- k1icA YTD 2,042.00 234 SCSM MTH 0.00 1 YTD 1.00 2 HCE 6ASI MTH 85.00 18 YTD 174.00 22 CMV YTD 83.00 16 RESV YTD 46.00 2 SCSM MTH 6.00 1 YTD 12.00 4 SCSV MTH 48.00 12 YTD 89.00 17 03C1 CNML MTH 16,249.00 196 YTD 33,689.00 231 NTED MTH 551.00 1 YTD 1,083.00 1 NTSC MTH 115.50 89 YTD 202.25 150 OTR MTH 20.00 1 YTD 20.00 1 03C2 HDM MTH 14,261.00 30 YTD 30,492.00 134 HDMF MTH 0.00 103 YTD 0.00 103 NTED MTH 670.00 1 YTD 1,409,00 1 SCAS MTH 244.25 77 YTD 287.50 87 OA3B CM MTH 265.75 49 YTD 455.50 56 INSC MTH 43.00 19 YTD 134.00 51 SCAS MTH 35.00 8 YTD 79.00 17 TRS MTH 1,184.00 1 YTD 2,355.00 1 OA3E ADC MTH 127.00 1 YTD 203.25 1 DPRESP MTH 348.00 11 YTD 718.75 12 RESF MTH 5,136.00 13 YTD 6.600.00 14 SCAS MTH 34.00 9 DO Report run on. 08/12/2013 10:36 AM page,' of 5 mon_ td_services.rdf Report run by: CARRILLO Dispose of this report so that it can not be read or reconstructed Packet Page -2380- 9/10/2013 16.F.1 . DI PAWN ENT Or Monthly and YTD Service Units with Unduplicated Client Counts PSA: 08 Provider: 81302 Location: ALL LOCATIONS Program: ALL PROGRAMS Service: ALL SERVICES ELDER Start Date: 01/01/2013 End Date: 06/30/2013 Fiscal Begin Date: 07/01/2012 AFFAIRS Include Zero Unit? Y Include Aggregate? Y Grou b Location, Program,Service STATE Of FLORIDA Group by: MTH(Monthly) Unduplicated Location Program Service YTD(Yearto Date) Units Provided Client Count YTD 34.00 9 OA3EG DCC MTH 583.14 8 YTD 583.14 8 SCAS MTH 14.00 7 YTD 14.00 7 OA3ES SCSM MTH 29.00 7 YTD 75.00 12 02 CCE HMK MTH 19.00/ 1 YTD 53.00 2 � \_"i {`u_ PECA MTH 138.00 w 1 YTD 210.00 3 RESP MTH 698.00 5 YTD 1,568.00 6 OA3B HMK MTH 674.00✓ 6 YTD 1,346.00 24 PECA MTH 90.00/ 1 YTD 172.00 10 RESP MTH 104.00✓ 1 YTD 184.00 1 05 ADI RESF MTH 3,485.00 ." 9 " +; . YTD 6,169.00 10 ti .e .i_1�.L: CCE ADC MTH 760.00 2 YTD 2,241.00 6 OA3B ADC MTH 640.00' 2 YTD 736.00 3 RESF YTD 72.00– ,,.....1.'o,. ,;,,k c:( 1 07 CCE EAR MTH 419.00x' 11 JkL} YTD 2,285.00 14 OA3B EAR MTH 3,107.00 19 YTD 6,048.00 20 09 '„` 0A3E ''' .- (- GECI YTD 136.50 9 13 ADI RESP MTH 625.50 r 2 YTD 1,021.50 2 1``�,v,n,. CCE CHO MTH 13.00/ 1 U;L YTD 13.00 1 HMK MTH 1,840.50 18 YTD 3,381.00 22 PECA MTH 2,191.50 4. 20 YTD 3,968.00 24 RESP MTH 2,458.25 12 YTD 4,193.50 16 0A38 CHO MTH 12.50- 1 YTD 43.50 3 r COMP MTH 0.00 1 YTD 0.00 1 s "°v —131 — -- r _ ...�_..._.... mon_ytd_services.rdf Report run on: 08/12/2013 10:36 AM Page 2 of _y Report run by: CARRILLD Dispose of this report so that it can not be read or reconstructed Packet Page-2381- 9/10/2013 16.F.1 . Month! and YTD Service Units - --- - - � PSA: 08 Provider: 81302 Location: ALL LOCATIONS Program: ALL PROGRAMS Service: ALL SERVICES Ask ELDER Start Date: 0101/2013 End Date: 0880/2013 Fiscal Begin Date: 07/01/2012 ^m�` AFFAIRS STATE OF FLORIDA Include Zero Unit? Y Include Aggregate? Y Group by: Location, Program,Service _______- _— Location Program Service MTH(Monthly) Unduplicated ___________ _ ______ YTD ____unhsprvid*d___Co=ntcuuut HMK MTH 3.202.00/ 39 YTD 0.207.50 45 PECA MTH 1,115 75, 15 YTD 2,251.25 `g RESP MTH 4842a' 4 `-------- ----- YT� 910.75 5 17 O*3B _ LEG__ --�—MTH 1*3.00 1 y�� YTD 143.00 1 � � 0^3E8 LEG YTD 9.00`r^�� no 1 �� 043ES LEG MTH 8.00 1 YTD 26.00 1 18 AD| SCSM 18.00 s YTD 26.00 7 CCE SCSM MTH 187.00 47 YTD 369.00 56 omua SCSM MTH 79.00 27 YTD 134.no n3 24 CCE RESP YTD 1sOou^�- j^��`°i` 1 \`''��)., a RESP YTD 179.00 1 - ___—_ � "��� zu^ — p*uE CT�� YTD 18.50 1 �°=`���~�� l�u�� |Nsc YTD 15.00 12 --n----- CCEEAR MTH S74oO/ 8 Lj ' � YTD 874.00 8 36' CCE HMK MTH 40.00/ 2 � `yii��` YTD 25z�0O 2 `� PECA MTH oV 00~ 4 YTD 67*.00 5 RESP MTH 123.75, 5 YTD 1.039.25 6 0A3o HMK MTH 32o0 1 YTD 32.00 1 PECA MTH 15o0 1 YTD 17 00 2 RESP MTH 5025 1 YTD 12525 1 38 CCE HMK MTH 350.50' 8 -1 ' -- | YTD 906.50 8 �w``Y `}����A� PECA MTH 3O1.00' 9 YTD 981.50 10 RESP MTH 1.468.00^ 5 YTD 2.780.0u 5 O438 HIVIK MTH 23O.25 ^ 4 YTD 488.00 11 ] �° PECA MTH 0.80/ 2 0,0111% � YTO 144,00 3 ^r� _, ~ 10:36 AM Page yvy5 Report run by: cAR0LLo Dispose of this report so that it can not be read or reconstructed Packet Page-2382- 9/10/2013 16.F.1 . DITARTAl ENT Of Month! . and YTD Service Units with Undu+9icated Client Counts PSA: 08 Provider: 81302 Location: ALL LOCATIONS Program: ALL PROGRAMS Service: ALL SERVICES ELDER Start Date: 01/01/2013 End Date: 06/30/2013 Fiscal Begin Date: 07/01/2012 AFFAIRS Include Zero Unit? Y Include Aggregate? Y Group by: Location, Program,Service STATE OF FLORIDA MTH(Monthly) Unduplicated Location Program Service YTD(Year to Date) Units Provided Client Count _ RESP MTH 221.50 r- 3 YTD 691.00 5•40.:, : • cg _ YTD 31.00'' .:.. - ."''(0,c.1 (� I•IFJ.'}lt:.iR '-'.4p,,a1-t ..,ry'3 ,` 42 CCE HMK YTD 142.2 I PECA YTD 49.00) 1 RESP YTD 108.00i 0urt,a, ^,stud 1 0A36 HMK YTD 0.00r 1 3 PECA YTD 0.001 1 RESP YTD 0.001 3 3 ..AR--_ 96.00 1 47"'--" OA38 EAR MTH -41,k..r1,c t '-_,.',o.v: � ,:_,,o...Ls. ____.- ..YTD 96.00 1 51 CCE HMK MTH 272.00y 4 YTD 332.00 4 11"(or-luy�rc PECA MTH 438.00 3 YTD 575.00 3 RESP MTH 1,009.00. 6 YTD 1,653.00 6 0A3B HMK MTH 278.00 ✓ 5 YTD 486.00 5 PECA MTH 274.50/ 6 YTD 417.00 6 RESP MTH 77.00 v 1 YTD 89.00 1 OA3E RESP MTH 0.00 r 1 YTD 0.00 1 52 CCE HMK YTD 49.00) ( 1 ;; ,, PECA YTD 212.00 1; ou'�5, L 1 RESP YTD 204.25_ \ 1 M54 OA3B, 1- SCSM MTH 7.00 2 ` YTD 9.00 2 57�ti's' e. 'OA3B EAR MTH 263.00 2 p V`` YTD 447.00 2 -58- ..`_ _... ADI RESP MTH 124.00/ 1 ‘-'',L,..•,6,.‘ YTD 124.00 1 - ,.° i wu CCE HMK MTH 223.25,, 5 YTD 300.25 5 PECA MTH 434.50 i. 6 YTD 471.50 6 RESP MTH 1,017.50 V 7 YTD 1,205.50 7 OA3B HMK MTH 417.75✓ 6 YTD 521.75 7 PECA MTH 327.75✓ 5 ..)) YTD 327.75 5 -) RESP MTH 743.25 J 6 fia Goo ----.- _ -- Report run on: 08/1i/.2013 10:36 AM Page 4 of 5 morLytd_services.rdf Report run by: CARRILLD Dispose of this report so that it can not be read or reconstructed Packet Page -2383- 9/10/2013 16.F.1 . EXECUTIVE SUMMARY Recommendation to approve an Underground Facilities Conversion Agreement (UFCA) necessary to issue a Purchase Order (PO) to Florida Power & Light Company (FPL) in the amount of $42,446 required for conversion of an existing overhead electric pole line to an underground line, located in the same existing easement within the new Naples Zoo Parking Lot, a part of the Gordon River Greenway Park(GRGP) Project#80065. OBJECTIVE: To convert an existing overhead electric distribution line to an underground distribution line located in an existing easement within the new Naples Zoo parking lot as part of the work scope for the Gordon River Greenway Park(GRGP) Project. CONSIDERATIONS: Board approval of the required UFCA between Collier County and FPL is necessary to keep this project moving forward timely. Upon approval, a PO can be issued in the amount of$42,446 so that FPL may proceed with converting the existing, overhead, electric utility line to an underground utility line. This phase of the GRGP project has progressed as outlined below. 1. On February 26, 2013, Agenda Item 11.H, the Board approved construction of the GRGP Project under ITB 13-5986R. Construction began on May 03, 2013. 2. As a part of the GRGP Project Work Scope, the existing Zoo parking area was relocated to what was formally the Zoo's overflow lot within the boundaries of the Project. The existing overhead pole line interferes with the layout of the new Zoo parking lot, and, therefore,must be converted to an underground system. 3. On July 29, 2013, FPL provided the UFCA for the conversion at a cost of$42,446. This amount is within the project budget identified for this work item. Upon execution of this UFCA, the issuance of the associated PO, and the completion of FPL's conversion,the Zoo parking lot phase of the GRGP Project can proceed on schedule. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Funds are available in Project#80065 GRGP in the amount of$42,446. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Packet Page-2384- 9/10/2013 16.F.1 . RECOMMENDATION: That the Board approves and authorizes the execution of the UFCA with FPL in the amount of $42,446 to convert an existing overhead electric line to an underground line within the same existing easement as part of the GRGP Project. Prepared By: Claude Nesbitt, Project Manager, Facilities Management Department Attachment: UFCA for the Zoo overflow parking lot at the GRGP Packet Page -2385- 9/10/2013 16.F.1 . Ask COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve a FPL Underground Facilities Conversion Agreement (UFCA) for the Gordon River Greenway Park, at the Zoo Overflow Parking Meeting Date: 8/27/2013 Prepared By Name: Nesbitt Claude Title: Project Manager, Senior,Facilities Management 8/16/2013 12:55:40 PM Submitted by Title: Project Manager, Senior,Facilities Management Name: Nesbitt Claude 8/16/2013 12:55:41 PM Approved By Name: CampSkip Title: Director-Facilities Management,Facilities Manage Date: 8/16/2013 3:13:05 PM Name: JonesHank Title: Project Manager,Principal,Facilities Management Date: 8/16/2013 5:53:12 PM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 8/20/2013 2:55:18 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 8/20/2013 7:14:39 PM Name: TeachScott Packet Page-2386- 9/10/2013 16.F.1 . Title: Deputy County Attorney,County Attorney Date: 8/21/2013 9:27:01 AM Name: PriceLen Title: Administrator, Administrative Services Date: 8/23/2013 4:19:51 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/26/2013 8:58:37 AM Name: KlatzkowJeff Title: County Attorney Date: 8/26/2013 9:38:33 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/27/2013 9:26:31 AM Name: OchsLeo Title: County Manager Date: 8/27/2013 1:47:37 PM Packet Page-2387- 9/10/2013 16.F.1. Third Revised Sheet No.9.720 FLORIDA POWER&LIGHT COMPANY Cancels Second Revised Sheet No.9.720 UNDERGROUND FACILITIES CONVERSION AGREEMENT(NON-GAF) This Agreement, is made and entered into this day of , 20 by and between Collier County Board of County Commissioners ("Applicant"), with an address of 3299 Tamiami Trail East, Naples, FL 34112 and FLORIDA POWER & LIGHT COMPANY ("FPL"), a Florida corporation with an address of P.O. Box 14000, 700 Universe Boulevard, Juno Reach, FI. 33408-0429. WHEREAS, the Applicant has requested that FPL convert certain overhead electric distribution facilities located within the following boundaries(the"Conversion"): An overhead lateral located in an existing FPL easement (INSTR 4864368 OR 4942 PC 3773 RECORDED 7/11/2013) along and parallel to the north edge of the Naples Zoo overflow parking lot (Lot 3, Parcel "C" and extending south to the Conservancy of SW Florida. (collectively, the "Existing Overhead Facilities") to underground facilities, including transformers, switch cabinets and other appurtenant facilities installed above ground as set forth in Attachment A hereof(collectively,the"Underground Facilities"). NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and other consideration the sufficiency of which is hereby acknowledged,the parties intending to be legally bound,hereby covenant and agree as follows: I. Avoided Storm Restoration Cost ("ASRC") Eligibility Criteria. The Applicant represents and warrants that it meets, and is capable and willing to enforce, the applicable eligibility criteria for the Conversion (select one of the following ASRC Tiers): U ASRC Tier 1: a. in order for the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical continuity,the Conversion must include a minimum of approximately 3 pole line miles or approximately 200 detached dwelling units within contiguous or closely proximate geographic areas (the"Conversion Area"). The Conversion may be completed in mutually agreed upon phases,with the project size minimums applying to the aggregate project—provided that any necessary subsequent phase begins within a 1 year period from completion of the prior phase and the minimums are met within,at most,3 phases;and b. The Applicant must require all customers within the Conversion Area who currently have overhead service directly from the Existing Overhead Facilities to convert their service entrances to underground within 6 months of completion of the Underground Facilities installation or each phase thereof;and c. If the Applicant requests that facilities he placed in the ROW, the Applicant must he willing and able to execute a right of way ("ROW")agreement with FPL or secure a ROW agreement through the appropriate local government(s)with FPL;and d. For any affected laterals,the complete lateral must be converted,including all stages of any multi-stage lateral; and c. There are no state or federal funds available to the Applicant to cover any portion of the cost of the Conversion. Special Circumstances. Conversions which do not meet the Tier I project size minimums described in section 1.a are eligible for the ASRC in the following special circumstances: i. An island or peninsula where 100%of the Existing Overhead Facilities are to be converted;or ii. When the aggregate size of the first 3 phases of a project would satisfy the minimum size criteria but, for mutually-agreed engineering or logistical reasons.those phases arc non-contiguous; provided that (a)the next(4th) phase must be adjacent to one or more of the first 3 phases such that the combined contiguous area meets the minimum size criteria, and (b) this 4th phase begins within I year from completion of the 3rd phase. (Continued on Sheet No.9.721) issued by: S.E.Romig,Director,Rates and Tariffs Effective: November 13,2008 Packet Page-2388- (2) r_ j 9/10/2013 16.F.1 . FLORIDA POWER&LIGHT COMPANY Original Sheet No.9.721 (Continued from Sheet No.9.720) (� ASRC Tier 2. All eligibility criteria remain the same as Tier I with the exception that the Conversion Area must only include between approximately I to 3 pole line miles or a minimum of approximately 85 detached dwelling units within contiguous or closely proximate geographic areas. (� ASRC T ier 3. A Conversion Area that is less than 1 pole line mile within contiguous or closely proximate geographic areas. Additionally,Tier 1 requirements for project completion timing in paragraph l.a.,as well as,paragraphs I.b.and 14.do not apply. 2. Contribution-in-Aid-of-Construction(CIAC). 'ihe Applicant shall pay FPI,a CIAC as required by FPL's Electric Tariff and Section 25-6.115 of the Florida Administrative Code. i. CIAC(excluding ASRC) $44.680 ii. ASRC $ 2,234 rill. CIAC Due $42,446 (On Completion of Work) In the event the actual cost of the Conversion (excluding ASRC)exceeds the estimate,the CIAC(excluding ASRC)shall be adjusted by the lesser of(a)the difference between the actual cost of the Conversion and the estimate,or(b) 10%of the CIAC (excluding ASRC) identified above. The ASRC shall also be adjusted accordingly and the Applicant shall pay FP1. the resulting difference in the amount of the CIAC Due. s 3. Applicant-installed Facilities. The Applicant may,upon entering into an applicant-installed facilities agreement satisfactory to FPL,construct and install all or a portion of the underground Facilities. Such work must meet FPL's construction standards and FI'L will own and maintain the completed facilities, The Applicant agrees to rectify any deficiencies,found by F1'L,prior to the connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities. 4. Compliance with Tariff. The Applicant agrees to comply with and abide by the requirements,terms,and conditions of FPL's Electric T'arif7 5. Timing of Conversion. Upon compliance by the Applicant with the requirements,terms,and conditions of F1'L's Electric Tariff, this Agreement and any other applicable agreements,FPI.will proceed in a timely manner with the Conversion in accordance with the construction drawings and specifications set forth in Attachment A hereof. 6. Relocation. In the event that the Underground Facilities are part of,or are for the purposes of,relocation,then this Agreement shall be an addendum to the relocation agreement between FPI. and the Applicant In the event of any conflict between the relocation agreement and this Agreement or the Electric Tariff,this Agreement and the Electric Tariff shall control. 7. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the Underground Facilities. 8. ASRC Repayment. If the Applicant does not satisfy the relevant eligibility criteria,the Applicant shall repay the ASRC within 30 days of written notice from FPI, of such failure. Additionally, if at any point within 30 years of completion of the Underground Facilities installation, the Applicant elects to have electric service within the Conversion Area supplied by a provider other than FPI.,the Applicant shall repay FPL a pro-rata share of the ASRC. The pro-rata share(which shall reflect partial years)shall be determined as follows: ASRC*1(30—years since the Underground Facilities completion date)/301 Non-governmental Applicants,whose CIAC includes a Tier 1 or Tier 2 ASRC, shall provide,at the time of execution of this Agreement, either a surety bond or irrevocable hank letter of credit (the"Security Instrument") in a form acceptable to FPI. evidencing ability to repay the ASRC. This Security instrument shall remain in effect until such time as all customers within the Conversion Area are converted. The Applicant may provide either an amended or replacement Security instrument in a form acceptable to i'PL at any time to reflect the pro-rata adjustments to the ASRC amount. If upon notice of cancellation or prior to expiration of the Security Instrument, a replacement Security Instrument in a form acceptable to FPL is not provided by the Applicant to FPi.,1.11.will require the third party issuing the Security Instrument to pay the full balance due in accordance with this Agreement in cash. (Continued on Sheet No.9.722) i issued by; S.E.Romig,Director,Rates and Tariffs Effective: November 13,2008 Packet Page-2389- 9/10/2013 16.F.1 . FLORIDA POWER&LIGHT COMPANY Original Sheet No.9.722 (Continued from Sheet No.9.721) 9. Termination Prior to the Conversion Completion. Failure by the Applicant to comply with any of the requirements, terms, or conditions of this Agreement or FPL's Electric Tariff shall result in termination of this Agreement. The Applicant may terminate this Agreement at any time prior to the start of the Conversion and the CIAC paid by the Applicant will be refunded to the Applicant;provided however,that the refund of the CIAC shall be offset by any costs incurred by FPL in performing under the Agreement up to the date of termination. 10. Assignment. The Applicant shall not assign this Agreement without the written consent of FPL. I I. Adoption and Recording. This Agreement shall he adopted by the Applicant and maintained in the official records of the Applicant for the duration of the term of this Agreement. This Agreement also shall be recorded in the Official Records of the County in which the Underground Facilities are located,in the place and in the manner in which deeds are typically recorded. 12. Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this Agreement and any permit or franchise agreement entered into by Applicant and FPL,the terms of this Agreement shall control. IN WITNESS:SS WHEREOF,FPI.and the Applicant have executed this Agreement on the date first set forth above. APPLICANT FPL Signed Signed___ Name Name__Randy Camp 1`itte Title Sr. Technical Specialist Signed Name Title Approved as to Terms and Conditions(it required by Applicant) Signed Name 'title Approved as to Form and Legal Sufficiency(if required by Applicant) Signed Name Title Asnapv { Issued by: S.E.Romig,Director,Rates and'tariffs Effective: November 13,2008 Packet Page -2390-