Agenda 10/08/2013 Item #16D10 10/8/2013 16.D.10.
EXECUTIVE SUMMARY
Recommendation to approve a Home Investment Partnership (HOME) Program Subrecipient
Agreement between Collier County and Community Assisted and Supported Living, Inc. (CASL)
for acquisition of Multi-Family Rental Housing Property(Fiscal Impact S405,564).
OBJECTIVE: To provide HOME funds to be used for acquisition of Multi-family Rental Housing for
persons with special needs.
CONSIDERATIONS: The Board of County Commissioners approved the Collier County Consolidated
Plan One-Year Action Plan on August 13, 2013 (Agenda Item 11A).
Each year, the County completes an annual Action Plan that is meant to further the Consolidated Plan's
goals and objectives. Each Action Plan identifies a list of community based projects that is acquired
through an application submittal process. Among other criteria, during the review process, grant
applications are evaluated specifically against the goals and objectives of the Consolidated Plan and the
Annual Action Plan. In addition to the evaluation criteria, each proposed project is evaluated as to
whether the project meets the HUD national objectives. HUD's National Objectives are: elimination of
slum and blight, direct benefit to low and moderate income persons and/or has been designated to meet
community development needs having a particular urgency.
Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipients grant
application and amendments, the FY's 2003-2004,2004-2005,2005-2006,2006-2007,2007-2008,2008-
2009 Action Plans, Priority Needs Category (Housing Program-Rehabilitation-Single Family) and the
Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the FY's 2003
through 2009Action Plans. Board approval of the sub recipient agreement confirms a basis upon which
payment is to be made; only change thereafter by Board approved substantial amendment and/or contract
amendment, if needed.
This project is incorporated in the FY 2013-2014 One Year Action Plan. Approval of the Subrecipient
agreement will allow Housing. Human and Veteran Services (HHVS) to administer, implement and
monitor the project outlined in the Annual Action Plan.
Funding for this project in the total amount of$405,564 is from prior year's unspent HOME funds which
have been properly advertised and approved under a substantial amendment per item 16D.10. 10/8/13.
As approved in the Action Plan,the project is to fund multi-family rental housing acquisition for persons
with disabilities. The project will target eight(8) low and very low income adult individuals with
disabilities. The units consist of four(4)two bedroom units.
The Subrecipient is encouraged to provide match funds when identified as an eligible source. Pursuant to
Florida administrative Code 67-37.007 the State Housing Initiatives Partnership Program funds may be
used as match for HOME eligible activities. The County will apply those funds as a source of match to
meet the federally required match commitment of 25%.
FISCAL IMPACT: There will be no effect on ad-valorem or general fund dollars. Funds are available
within the Housing Grant Fund (705) FY2003-2004, 2004-2005.2005-2006,2006-2007,2007-2008,2008-
2009 HOME Projects (34550 $19,729.02), (34555 $47,664.29), (34560 $26,690.81), (34565 $80,842.52),
(34570 $51,994.34), & (44550 $178,643.02). The match of$101,391 will be met thru the use of SHIP
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funds; however, the subrecipient is encouraged to provide match funds for the HOME eligible activities.
Should the subrecipient provide eligible match it will reduce the amount of SHIP match required.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval.-JAB
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further the Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairwoman to execute the subrecipient agreement between Collier County and Community Assisted and
Supported Living, Inc. (CASL)for the acquisition of a Multi-Family Rental Housing property.
Prepared By: Rosa Munoz, Grants Coordinator; Housing, Human&Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.10.
Item Summary: Recommendation to approve a Home Investment Partnership (HOME)
Program Subrecipient Agreement between Collier County and Community Assisted and
Supported Living, Inc. (CASL) for acquisition of Multi-Family Rental Housing Property(Fiscal
Impact$405,564)
Meeting Date: 10/8/2013
Prepared By
Name: MunozRosa
Title: Grants Coordinator,Housing, Human&Veteran Services
9/27/2013 5:16:22 PM
Submitted by
Title: Grants Coordinator,Housing,Human&Veteran Services
Name: MunozRosa
9/27/2013 5:16:23 PM
Approved By
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 9/28/2013 7:08:08 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 9/30/2013 9:12:15 AM
Name: MagonGeoffrey
Title: Grants Coordinator
Date: 9/30/2013 10:19:48 AM
Name: SonntagKristi
Date: 9/30/2013 10:35:16 AM
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Name: SonntagKristi
Date: 9/30/2013 10:35:28 AM
Name: Bendisa Marku
Title: Operations Analyst,Wastewater
Date: 9/30/2013 4:16:45 PM
Name: MesaNancy
Title: Accountant,Housing,Human&Veteran Services
Date: 10/1/2013 8:15:08 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 10/1/2013 8:45:15 AM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 10/1/2013 10:38:09 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 10/1/2013 12:17:22 PM
Name: BelpedioJennifer
Title: Assistant County Attorney.County Attorney
Date: 10/1/2013 3:44:46 PM
Name: StanleyTherese
Title: Management/Budget Analyst. Senior,Office of Manage
Date: 10/1/2013 4:17:49 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/2/2013 8:13:21 AM
Name: OchsLeo
Title: County Manager
Date: 10/2/2013 4:15:31 PM
omsk
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Grant#-M-11-M-13-UC-12-0017
CFDAJCSFA#- 14.239
Subrecipient—CASL
DUNS#- 940621519
FETI#-65-0869993
FY End 12/31
Monitoring Deadline 9-30-2018
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTIVE LIVING, INC.
(CASL)
THIS AGREEMENT is made and entered into this 8th day of October, 2013, by and between
Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its
principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "RENAISSANCE Manor, Inc. d/b/a
Community Assisted and Supportive Living, Inc." a private not-for-profit corporation existing under
the laws of the State of Florida, having its principal office at 1401 16th Street, Sarasota,Florida 34236
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program
funds from the United States Department of Housing and Urban Development (HUD) as provided by the
Cranston-Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2013-2014 for the HOME Program on
August 13, 2013-Agenda Item 11A; and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for
Federal Fiscal Year 2013-2014 for the HOME Program and the use of the HOME funds for the activities
identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in
this Agreement, in accord with the approved One-Year Action Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained,
the Parties agree as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing HOME funds, as determined by Collier County Housing, Human and
Veteran Services (HHVS),perform the tasks necessary to conduct the program as follows:
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FY2003 - FY2009 Amended Action Plans and identified and approved the project to Community
Assisted&Supportive Living(CASL) for the following:
Project Component One: Acquisition of Multi-Family Rental Housing properties located at 3028
Santa Barbara Boulevard, Naples, FL in Section 28, township 49 South, Range 26 East, Collier
County; the project will target eight (8) low and very low income adult individuals with
disabilities. The units consist of four (4) 1,145 square foot-two bedroom market rate units with
rents at the 2013 High Rent Limits for Collier County($1,038).
Items identified for funding are outlined in the budget in Section III.
Maximum Per-Unit Subsidy
The maximum HOME per-unit subsidy may not be increased above 240 percent of the base limits
authorized by §221(d)(3)(ii) of the National Housing Act [12 U.S.C. 17151(d)(3)(iii)]. In no case
will the County's funding of the Project be less than $1,000 per HOME-assisted unit or more than
the maximum per unit subsidy allowed under 24CFR 92.250(a). The maximum subsidy for 2
bedroom units is $168,185.
As an acquisition rental project, the Affordability Period during which SUBRECIPIENT must
maintain compliance with all a pp licable HOME rules shall be twent y (2
0) years. The
Affordability Period will not commence until the Project has met the requirements for Project
Completion outlined in 24 CFR 92.2, which will require that rehabilitation/construction be
complete, all HOME funds have been disbursed by the COUNTY. The COUNTY will notify the
SUBRECIPIENT of the actual date of completion and the exact date of the expiration of the
affordability period, which shall be calculated based on the date of completion. The COUNTY
will record a covenant running with the land, in form satisfactory to the COUNTY,that provides a
means for enforcement of the affordability restrictions of 24 CFR 92.252. The covenant will be
recorded senior to all other financing liens, including the first-position mortgage referenced above,
and be enforceable against all successors in interest to VOASE. If necessary, the COUNTY may
execute an amendment to the Covenant Running with the Land that extends the affordability
restrictions of 24 CFR 92.252 to the exact date of expiration of the affordability period. Failure of
the project to meet all applicable HOME requirements for the entire Affordability Period will
result in a requirement that all HOME funds be repaid by the SUBRECIPIENT to the COUNTY.
Additional Rent Limitations: A rental project with five or more HOME assisted rental units, shall
have twenty (20) percent of the HOME assisted units occupied by very low-income families and
meet one of the following rent requirements: 1) does not exceed 30 percent of the annual income
of a family whose income equals 50 percent of the median income for the areas, as determined by
HUD; and 2) The rent does not exceed 30 percent of the families adjusted income. If the unit
receives Federal or State project-based rental subsidy and the very low-income family pays as a
contribution toward rent not more than 30 percent of the family's adjusted income, then the
maximum rent (i.e. tenant contribution plus project-based rental subsidy) is the rent allowable
under the Federal or State project based rental subsidy program; 92.252(b)(I)(2). In accordance
with 24 CFR 92.252(b), it requires that projects with five (5) or more HOME assisted rental units
have at least 20%of their units occupied by Very-Low-Income (VLI) 50% of AMI or less.
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LONG TERM AFFORDABILITY
The HOME-assisted housing must meet the affordability requirements for not less than the
applicable period specified in the following table, beginning after project completion. The per unit
amount of HOME funds and the affordability period that they trigger are described more fully
below under Recapture Provisions.
Rental housing activity Minimum period of affordability in years
Rehabilitation or acquisition of existing housing per unit amount of HOME funds:Under$15,000 5
$15,000 to$40,000
10
Over 540,000 or rehabilitation involving refinancing 15
New construction or acquisition of newly constructed housing 20
Items identified for funding are outlined in the budget in Section III of this document.
II. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 8th day of October, 2013 and end on the 7th
day of October, 2014. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional time period during which the SUBRECIPIENT remains in control of
HOME funds or other HOME assets, including program income
III. AGREEMENT AMOUNT
The COUNTY agrees to make available FOUR HUNDRED AND FIVE THOUSAND, FIVE
HUNDRED AND SIXTY FOUR AND 00/100 DOLLARS (U.S. $405,564) HOME Grant for the use by
the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to
the Agreement, shall be referred to as the"Funds").
The budget identified for the Property Acquisition Project shall be as follows:
Line Item Description HOME
Funds
Project Component One: Acquisition of Multi-Family Rental $405,564.00
Housing Property and associated costs
TOTAL $ 405,564.00
Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY.
Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not
signify a change in scope. Fund shifts that exceed 10%of a cost category and activity shall only be made
with board approval.
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All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
Match Pursuant 24 CFR 92.218
Match is required for HOME funds. This project requires HOME match. Collier County will provide the
match for the project however the SUBRECIPIENT has committed to provide a match contribution. The
SUBRECIPIENT shall provide evidence of match on a quarterly basis as evidenced by recipient, canceled
checks and bank statements. Contributions to the housing project that qualifies as affordable housing
under the HOME program throughout a fiscal year shall be provided and will be considered match.
Contributions that have been or will be counted as satisfying a matching requirement of another Federal
grant or award may not count as satisfying the matching contribution requirement for the HOME
program.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of quarterly progress reports. SUBRECIPIENT may not request disbursement of HOME funds
until funds are needed for the payment of eligible costs, and all disbursement requests must be limited to
the amount needed at the time of the request. However, invoices for work performed are required every
month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared
to send the required backup, a $0 invoice will be required. Explanations will be required if two
consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but, not more frequently than once per month. Final invoices are due no
later than 90 days after the end of the agreement. Work performed during the term of the program but not
invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No
payment will be made until approved by HHVS for grant compliance and adherence to any and all
applicable local, state or Federal requirements. Payment will be made upon receipt of a properly
completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
The following table details the project deliverables and payment schedule:
Deliverable Payment-Deliverable Submission Schedule
Supporting Documents
Project Component One: Exhibit B with documentation including but At acquisition
Acquisition of Multi-Family not limited to HUD Settlement Statement(s),
Rental Housing Property and appraisal(s),closing documents, deed
associated costs restriction,note, mortgage and any additional
supporting documentation as needed.
HOME Match Requirement Documentation of rehabilitation expenditures Quarterly
and supportive services paid for from non-
federal sources
Amok
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Income eligibility Client files Maintained by
SUBRECIPIENT and
eligibility documentation
submitted 60 days prior to
tenant occupancy
Eight(s)persons with Exhibit D Quarterly
special needs will benefit
from this funding and will be
low-and moderate-income
(LMI)presumed clientele
Progress Report Exhibit D Quarterly
Insurance Certificate N/A Annually
Affirmative Plan Documents Within 30 days of contract
Action/Marketing Plan execution and/or as
modified
HQS Inspections Inspection Forms Annually
Tenant Leases Signed Leases 30 days prior to occupancy
Tenant Participation Plan Plan Document 60 days prior to leasing and
annually thereafter
Annual Audit Audit Report with Management Letter and 180 days after end of fiscal
Exhibit E year
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other
written communications under this Agreement shall be addressed to the individuals in the capacities
indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:RosaMunoz(a Colliergov.net
239-252-5713
SUBRECIPIENT ATTENTION: Mr. J. Scott Eller, CEO
Community Assisted& Supported Living, Inc.
(CASL)
1401 16th Street
Sarasota, FL 34236
scott.ellerna renaissancemanor.org
941-365-8645
V. ADDITIONAL CONDITIONS AND COMPENSATION
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The parties acknowledge that the Funds originate from HOME grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between
COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of curtailment or
non-production of said federal funds, the financial sources necessary to continue to pay the
SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may
terminate this Agreement, which termination shall be effective as of the date that it is determined by the
County Manager or designee, in his-her sole discretion and judgment, that the Funds are no longer
available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to,nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and /or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall be
released from any further liability to SUBRECIPIENT under the terms of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 92 of HOME
Investment Partnerships Program Grants including subpart H of these regulations, except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR
93.352 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Parts 50 and 58. The SUBRECIPIENT also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies governing the
funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available.
HOME FINAL RULE PROVISION: Due to the implementation of the HOME Rules Published on
7-24-13, all new applicable regulations apply and are hereby incorporated by reference.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall at all times remain an "independent contractor" with respect to the services to be performed under
this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT
is an independent contractor.
D. AMENDMENTS
The COUNTY and/or SUBRECIPIENT may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the Grantee's governing body. Such
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amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT
from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90)
days prior to end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written amendment
signed by both Grantee and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period, the COUNTY Manager or designee may subject to HOME program requirements, grant a
cumulative time extension of no more than 180 days and modify any subsequent project work plans to
reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the
Agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages,
losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees,
contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control,
or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this paragraph. The
SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and
shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and
judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration
of this Agreement. This section does not pertain to any incident arising from the sole negligence of
Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity
beyond the limits set forth in Section 768.28,Florida Statutes. This section shall survive the expiration or
termination of this Agreement.
F. GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar public
notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall
include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD)AND COLLIER COUNTY HOUSING,HUMAN AND
VETERAN SERVICES DEPARTMENT"
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and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept
is intended to disseminate key information regarding the development team as well as Equal Housing
Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes.
G. DEFAULTS,REMEDIES AND TERMINATION
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by
either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to be terminated.
However, if in the case of a partial termination, the Grantee determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the Grantee may terminate the
award in its entirety:
(A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies or directives
as may become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect.
5. Submission by the SUBRECIPIENT of any false certification;
6. Failure to materially comply with any terms of this Agreement; and
7. Failure to materially comply with the terms of any other agreement between the
County and the SUBRECIPIENT relating to the project.
(B)In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any
combination of one or more of the following remedies:
1. Require specific performance of the Agreement, in whole or in part;
2. Require the use of or change in professional property management;
3. Require immediate repayment by SUBRECIPIENT to the County of all HOME funds
SUBRECIPIENT has received under this Agreement;
4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable;
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5. Stop all payments until identified deficiencies are corrected;
6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such
termination and specifying the effective date of such termination. If the Agreement is
terminated by the County as provided herein, SUBRECIPIENT shall have no claim of
payment or claim of benefit for any incomplete project activities undertaken under this
Agreement.
VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in
addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law
or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the
time of termination(or expiration)and any accounts receivable attributable to the use of HOME funds per
24 CFR 92.504(2)(vii).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's
right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the
COUNTY may deem necessary.
Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to
the conditions outlined in 24 CFR 84.34.
Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon
acquisition subject to the conditions outlined in 24 CFR 84.35.
The County will enforce affordability for the property through deed restrictions upon completion of the
project. In the event that the SUBRECIPIENT fails to comply with the terms set forth in this agreement
all real property acquired shall comply with the following:
Recapture Provisions
The COUNTY may choose to recapture the entire amount of HOME assistance or a reduced amount on a
pro-rata basis for the time the SUBRECIPIENT has owned the housing measured against the required
affordability period. The net proceeds may be divided proportionally as set forth in the following
mathematical formulas:
Direct HOME Subsidy X Net proceeds =HOME recapture Direct HOME Subsidy
+ Subrecipient investment
Subrecipient Investment X Net proceeds=amount to Subrecipient
HOME Subsidy+ Subrecipient investment
The COUNTY may permit the SUBRECIPIENT to recover the SUBRECIPIENT's entire investment
(down payment and capital improvements made by the SUBRECIPIENT since purchase) before
recapturing the HOME investment. Any HOME investment recaptured by the COUNTY shall be
deposited to the Jurisdiction's HOME account for future use towards eligible activities.
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VIII. INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required under this Section and outlined in Exhibit"A"has been obtained, and carried, at all
times during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to
determine compliance with the requirements of this Agreement, the HOME Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to,the following:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by HOME.
2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
3. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the
SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials
identified in the previous sentence shall be in accordance with generally accepted
accounting principles, procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income. These records shall be maintained to the
extent of such detail as will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies and services, and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this Agreement.
4. Upon completion of all work contemplated under this Agreement copies of all documents
and records relating to this Agreement shall be surrendered to HHVS if requested. In any
event the SUBRECIPIENT shall retain all documents and records in an readily accessible,
permanent location for four (4) years after project completion; provided, however, that
records of individual tenant income verifications, project rents and project inspections
must be retained for the most recent five year period, until five years after the affordability
period terminates. Notwithstanding the above, if there are litigation, claims, audits,
negotiations or other actions that involve any of the records cited and that have
commenced before the expiration of the five (5) year period, such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five (5)
year period, whichever occurs later. The COUNTY shall be informed in writing if an
agency ceases to exist after closeout of this Agreement of the address where the records are
to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records
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and transfer, at no cost, to COUNTY all public records in possession of the
SUBRECIPIENT upon termination of the contract and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the COUNTY in a
format that is compatible with the information technology systems of the public agency.
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon
Law, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
6. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines. The SUBRECIPIENT shall ensure all tenant files comply with
income determination as specified in 24 CFR 92.203 and 92.253. The SUBRECIPIENT
agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance.
7. Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law. Ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as
deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
15th day of January, April, July and October respectively for the prior quarter period end. As part of the
report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report
covering the agreed-upon Program objectives, activities and expenditures and including, but not limited
to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D".
Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other
reporting requirements may be required by the County Manager or their designee in the event of Program
changes; the need for additional information or documentation arises; and/or legislative amendments are
enacted. Reports and/or requested documentation not received by the due date shall be considered
delinquent and may be cause for default and termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will
conduct an annual financial and programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site
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monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, they
may impose a reasonable monitoring charge. Fees are based on average staff time and costs of materials.
Ongoing monitoring fees may be included in the project underwriting. In addition, the COUNTY shall at
a minimum, conduct inspections every two years in accordance with 24 CFR 92.504(d)(i) and HQS
inspections shall be completed in accordance with 24 CFR 92.209(i). Also, at the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of
HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate
said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or
HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as
determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND
HUD REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy.
Purchasing Threshold Policy
Dollar Range (5) Quotes
Under$3K 1 Written Quote
$3K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above$50K Invitation for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review, inspection
or audit and in compliance with 24 CFR 92.504.
G. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment, program
income balances, and receivable accounts to the COUNTY), and determining the custodianship of
records. Any balance of unobligated funds which have been advanced or paid must be returned to the
County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the
terms and conditions of this Agreement must be refunded to the COUNTY. In addition to the records
retention outlined in Section IX.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida
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Statutes regarding records maintenance, preservation and retention. SUBRECIPIENT shall also produce
records and information that complies with Section 215.97, Florida Single Audit Act.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement on the basis of
race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination,the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business concerns
located in or owned in substantial part by persons residing in the project areas shall be awarded contracts
in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and
Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to participate in the
performance of this contract. As used in this contract, the terms "small business" means a business that
meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and
"minority and women's business enterprise" means a business at least fifty-one (51) percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority group
members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,
Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an independent
investigation.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by
HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly
assisted under this Agreement must reside in unincorporated Collier County or in municipalities
participating in the County's Urban County Qualification Program. The project shall assist beneficiaries
as defined above for the time period designated in Exhibit"D"of this Agreement.
In accordance with 24 CFR 92.252(b), requires that projects with five (5) or more HOME assisted rental
units have at least 20% of their units occupied by Very-Low-Income(VLI) 50% of AMI or less.
D. AFFIRMATIVE ACTION/MARKETING PLAN
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The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action A".'"*-
guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT
shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The
Affirmative Action/Marketing Plan will need to be updated throughout the affordability period and
submitted to County within 30 days of update/modification.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree with the
performance of this Agreement and that no person having any conflict of interest shall be employed by or
subcontracted by the SUBRECIPIENT. The SUBRECIPIENT will notify the COUNTY in writing and
seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a
covered person or an entity owned or controlled in whole or in part by the SUBRECIPEINT. The
COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs
are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit SUBRECIPEINT's ability to self-manage the project using its own
employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a
manner so as not to unreasonably impede the statutory requirement that maximum opportunity be
provided for employment of and participation of low and moderate-income residents of the project target
area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section and 24 CFR 92.257. The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion
c. It will retain its independence from Federal, State and local governments and may continue to
carry out its mission, including the definition, practice and expression of its religious beliefs,
provided that it does not use direct HOME funds to support any inherently religious activities,
such as worship, religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to
the extent that those structures are used for inherently religious activities. Where a structure is
used for both eligible and inherently religious activities, HOME funds may not exceed the cost
of those portions of the acquisition, construction or rehabilitation that are attributable to
eligible activities in accordance with the cost accounting requirements applicable to HOME
funds in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious
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congregation uses as its principal place of worship, however, are ineligible for HOME funded
improvements.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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IN WITNESS WHEREOF,the SUBRECIPIENT and the County,have each,respectively, by an
authorized person or agent, hereunder set their hands and seals on this day of
2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk GEORGIA, A. ESQ., CHAIRWOMAN
Dated:
(SEAL)
Community Assisted& Supported Living, Inc.
(CASL)
By:
Subrecipient Signature
J. Scott Eller, CEO
Subrecipient Name and Title
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney �j
p�
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EXHIBIT"A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, do Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Bldg H Suite 211,Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County shall be named as an
additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT
and/or the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SUBRECIPIENT or any person employed by
the SUBRECIPIENT in connection with this contract. This insurance shall be maintained
for a period of two (2) years after the certificate of Occupancy is issued. Collier County
shall be named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause
its Subcontractors to provide original certificates indicating the following types of insurance coverage
prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified
by the Federal Emergency Management Agency (FEMA) as having special flood hazards,
flood insurance under the National Flood Insurance Program is obtained and maintained as
a condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
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OPERATION/MANAGEMENT PHASE(IF APPLICABLE) ogiolk
After the Construction Phase is completed and occupancy begins,the following insurance must be
kept in force throughout the duration of the loan and/or contract:
8. Workers' Compensation as required by Chapter 440,Florida Statutes.
9. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
10. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County as an additional
insured.
11. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A.
12. Flood Insurance coverage for those properties found to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
Atmak
oak
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Community Assisted and Supported Living, Inc. (CASL)
Sub recipient Address: 1693 Main Street, Suite A, Sarasota, FL 34236
Project Name: Acquisition of Multi-Family Housing
Project No: HM13-02 Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and conditions
of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant
requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (approval required$15,000 and above)
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EXHIBIT"C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor,materials,
supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a
demand against any payment bond might be filed, have been satisfied and paid. This document is in
compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final)
Request for Payment.
Community Assisted and Supporting Living, Inc.
(CASL)
Witness: BY:
BY: ITS: CEO
DATE:
Print name and title
STATE OF otemok
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_,
by , as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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EXHIBIT "D"
.. °° QUARTERLY PROGRESS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
Agency Name: 7' r r _i._ Date:
Project Title: . ' ..l d
I
, 3:, Alternate 1 ti °F
Program Contact: i t�„ Contact r
Telephone Number: � , , �, '1, 4
ors
`REPORT FOR QUARTER ENDING:(check one that applies to the �: ,-
corresponding grant period): ❑01/31/14 ❑4/30114 07/31114 '' ❑10/31/14 .i ;
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of October 8.2013.
t a r. Y �c,� '°^3r w-. dr "I• '"' 4,', ''fix' s :;22 «� �` ml >a=..
yy1t��� +1 � � Y a.
. - , , 7 F to e �ti' ,, - ,=kl7,1,_ am, .k4 6 h a r` i y�IFryti' 3 w
Icome Goals: list the outcome.oal(s)from our a•.roved a.•li tion&sub-reci.lent a:-reement.
A Out
i 7',- :xs
�s „A;',',4 -�t� kc�^ I1 � IK i I..- '',"j':
:1",''''''''''' - I
t s �P
<( I� 11 ; ' r ui ' :',111”'''*: ;7: I ' lr ' _ ,
I f
r�._� ^- Al"� ` a : � �'w l ��ti to 5si ,, ,e--,:r,ter � 1>t Flk it I m � , ti,a t4:4: A a '''7 i + nih, '',,,,'''L d _ �, t -4,i1:-..;_ ' � � ---,_ ,._, _,___-,. 1.,, ,, 1 r ;.,,4,,, fi'- aF¢'4'x rl l �p f . r €^G w�� i ,i y � 5 9E ¢ i � y °� f � a°w 7v a -�' x` : :-- e -'* = rRl kw-,1 ,I�� trn+�'Y ��I.tj'd r�
dax te in m eeting each outcome oal.
r` d 4 s Indicate the progress to -,47,t,B.Goal Pro res _ z £' P ,
e, ,,,,,,_,,,,, =
l..:_:r4.- W- - 7"Ott" , x ,z,"e3 r� y 4+ rt �i M i , 'tl L% -'"',1111',4- ' '1 n 1 �fir 5 �r¢ t r - —,„1,",. „ d � r a 5 a f r f b c .,,, - 2 � h t i y,,, ,„ iwd }f t 4 a ,r du w ,�d�r I' .” Ih � Y . r' 'l �l N et > .. — , , , -CASL
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' a Po 1
2.
Yes No
If no,ex.lain:
" f• cr 5� 'r" � - VN6i
w
Since October 1,3012 0f the.per sons asiliteChow many �� rr
3. ,? Y �
Sk..g � a a=
M
a. ...now have new access(continuing)to this service or benefit? "s.
b. ...now has improved access to this service or benefit?
c. ...now receive a service or benefit that is no longer substandard?
TOTAL: 0
t' °, ' ^ 7 p t� '�R i'R 1'
4. �� ,b 'yrrfi €� k
Section 108 Loan Guarantee HOPWA
Other Consolidated Plan Funds CDBG
Other Federal Funds ESG
State/Local Funds HOME S
su LT-
Total
S Entitlement $
Total Other Funds - Funds -
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EXHIBIT "D"
UARTERLY PROGRESS REPORT
757 't4Ii:N.7.7T7'1-rriOW7,r"
5. E' rIB- 9"."sE , nt t ". a.�a _ .. ,
a. Total No.of adult females served: •Total No.of females served under 18:
b. Total No.of adult males served: ;!,r` Total No.of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No of families served: -, Total No of female head of household
^3+` . 4 j"'�'y� '' v r _• }` 'tilt �°Imo. '! 7rr"T2I'9+d S '
a. Total number of adult females served:— �� kj Total number of females served under 18:
b. Total number of adult males served: �r; Total number of males served under 18:
TOTAL: 0 TOTAL: 0
I r
c. Total No.of families served: Total No.of female head of household:
Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question#8 If any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. IL3MIEQt10 ���°r. > _ fm., 74.31,2174111
Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons
persons served since October 1 who fall Into served since October 1 who fall Into each income
each presumed benefit category (the total category(the total should equal the total in question#6):
should equal the total in question#6): j
Report as: Report as:
Abused Children Extremely low Income(0-30%)
Homeless Person Low Income(31-50%)
3 Battered Spouses Moderate Income(51-80%)
1* „
Persons w/HN/AIDS Above Moderate Income(>80%)
q Elderly Persons
Sl
I �a u'.
Veterans
144+,-'14- s (Chronically/Mentally Ill
-.W.-,Physically Disabled Adults
Other-Youth
TOTAL: 0 TOTAL: 0
9. Is�`8fitii'tici@9'ig y'i y4Y _tif iielajief r m 4 *Atr % a . .t,r At e �� 4
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
White ;of whom,how many are Hispanic?
Black/African American 1j-=` of whom,how many are Hispanic?
z
Asian ,�cl'"F '��€ �;of whom,how many are Hispanic?
American Indian/Alaska Native="'" - of whom,how many are Hispanic?
Native Hawaiian/Other Pacific Islander,A r M :',,;of whom,how many are Hispanic?
American Indian/Alaskan Native&White ';of whom,how many are Hispanic?
Black/African American&White'% r;of whom,how many are Hispanic?
�
Am.Indian/Alaska Native&Black/African Am �``dk a'`��i?, ,� ��'a;:;of whom,how many are Hispanic? •
Other Multi-racial _ '; •of whom,how many are Hispanic?
r;q
Other 01,< of whom,how many are Hispanic?
TOTAL: 0 0 TOTAL.HISPANIC
Name: Signature:
Your typed name here represents your electronic
Title: signature
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"E"
ANNUAL AUDIT MONITORING REPORT
OII71B Circular 3 Audits of`Staten, .veal Governments, at +i anizationsrrequires the`Collier
County lousing, Human and terans Services De a me ft o nor rot r b recipients of federal awards r
and +determine whether they have met tie a ud regti er��f k circular and whether they are in
compliance with federal flaws end
e atlons ccor ig) requiring - comp yp ,cheer one of the
following, provide:all appropria , i� en Cation reg� � `` an tl 's Hance with the` audit
requirements, n and.date this 1. ,:i ` . a
Sub re 1e - 'T,ai. R+-1 � 9 a ; f.�^; f'�
crp nt Community Assiste & p iverv{ a `I'Year-
::Na1> et Inc. (CA * "- sx l� F
Total State Financial Assistance Expended dorm A H
mast recently completed Fiscal ' r Bpi �r;# h } a ,i4" ' 4
Tot�fi y� p ��I
,.�,�,.�deral F,�natlClFl Assistance mea4a` .,:,,: � kJ�N'S yr � ��''`` � li . "*
;`'recently completed Fiscal Year �a :g Y % 1" M Mes
Check Appropriate Boxes
We have exceeded the$500,000 federal/state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $540,000 federal/state expenditure threshold for our fiscal year ending as
❑ indicated above and expect to complete our Circular A-133 audit by Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
We are not ubject to
the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial,statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby=certify that the abiave lrrftsrl�°iiatu n Is tru+ arid�accurate = '4 `
��a ° - arts!mras '- a• F r s -
Signature •
Date
Print Name and Title
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EXHIBIT "F"
LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS
1. The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1958 B1963 Comp., P. 652
and 3 CFR 1980 Comp., P. 307) (Equal Opportunity in Housing) and implementing regulations at 24
CFR Part 107; and of the Civil Right Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally
Assisted Programs) and implementing regulations issued at 24 CFR Part 1.
2. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended, Title VI of the 1984 Civil Rights Act,42 USC § 2000d, et. Seq
• 1. 3. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
2. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375
and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal
funds and as supplemented in Department of Labor regulations.
5. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,
42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPEINT, state that it is an Equal Opportunity or
Affirmative Action employer.
6. 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and
orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal
financial assistance provided under this contract and binding upon the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPEINT's Sub-recipients and subcontractors. Failure to
fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPEINT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists that would prevent compliance with
these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very low-
income residents of the project area, and that contracts for work in connection with
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the project be awarded to business concerns that provide economic opportunities
for low- and very low-income persons residing in the metropolitan area in which
the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the HOME-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low-income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the HOME-funded project is located; where feasible,
priority should be given to business concerns that provide economic opportunities to low- and
very low-income residents within the service area or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
7. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
8. Contract Work Hours and Safety Standards Act,40 USC 327-332.
9. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
10. The Americans with Disabilities Act of 1990
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD
Form 4010 must be included in all construction contracts funded by CDBG and HOME. (See 42 USC
276a and 24 CFR 135.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-
45 - which prescribes goal percentages for participation of minority businesses in CDBG and HOME
Contracts.
15. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by
Amok
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Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA
pp p
are still applicable.
16. Public Law 100-430 -the Fair Housing Amendments Act of 1988.
17. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following
subsections:
• Subpart A—General;
• Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal
Assistance;
• Subpart C—Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTS;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG and HOME
SUBRECIPIENTs shall follow 570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property—In lieu of 84.32, CDBG and HOME SUBRECIPEINT'S
shall follow 570.505;
o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the
following applies:
• In all cases in which equipment is sold, the proceeds shall be program income
(pro-rated to reflect the extent to which CDBG or HOME funds were used to
acquire the equipment); and
• Equipment not needed by the SUBRECIPIENT for CDBG or HOME activities
shall be transferred to the recipient for the HOME program or shall be retained
after compensating the recipient;
o Section 84.35, Supplies and other Expendable Property
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b)
applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG or
HOME activities shall be four years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in which
the specific activity is reported on for the final time rather than from the date of
submission of the final expenditure report for the award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG and HOME
SUBRECIPIENTs shall comply with 570.503(b)(7); and
• Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures
18. 24 CFR 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
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19. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations
relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall
constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate
this agreement immediately.
20. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee,
as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as
amended, and County Administrative Procedure 5311.
21. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by
application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by
imposing the more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
22. Venue - Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
23. Dispute Resolution- Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be
attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required hereunder,
the other party may obtain a court order requiring mediation under § 44.102,Florida Statutes.
24. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401,et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
25. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and
24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area
identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
26. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning
Prevention Act found at 24 CFR 92.355.
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Property standards: The agreement must require the housing to meet the property standards in § 92.251
and the lead-based paint requirements in part 35, subparts A, B, J, K, M and R of this title, upon project
completion. The agreement must also require owners of rental housing assisted with HOME funds to
maintain the housing in compliance with § 92.251 for the duration of the affordability period.
27. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth
in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a federal,
state or local historic property list.
28. The SUBRECIPIENT must certi fy that it will provide dru -
free workplaces in accordance with the
Drug-Free Workplace Act of 1988 (41 USC 701).
29. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred
or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
30. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable,
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred.
States, local governments, and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Educational Institutions(even if part of a State or local government) follow:
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
31. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180)
days after the end of the SUBRECIPEINT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY
reserves the right to recover any disallowed costs identified in an audit after such closeout.
Clarification of Eligible Audit Costs
The amendment to §92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an eligible cost;
the amendment clarifies and codifies this.
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32. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions
of HOME including, but not limited to, the provisions on use and disposition of property. Any real
property within the SUBRECIPIENT control, which is acquired or improved in whole or part with
CDBG or HOME funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR
570.505, HOME Regulations 24 CFR 92.353 • Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) • 49 CFR Part 24 • 24 CFR Part 42
(subpart B) • Section 104(d)`Barney Frank Amendment.
33. As provided in § 287.133,Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained
by the State of Florida Department of Management Services within the 36 months immediately
preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes.
34. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants,
loans, and cooperative agreements) and that all SUBRECIPEINTS shall certify and disclose
accordingly.
35. Travel reimbursement will be based on the U.S. General Services Administration (GSA)per diem
rates in effect at the time of travel.
36. Any rule or regulation determined to be applicable by HUD.
37. Florida Statutes 713.20, Part 1, Construction Liens.
38. Florida Statutes 119.021 Records Retention.
39. Florida Statutes, 119.071, Contracts and Public Records.
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