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Agenda 03/09/2010 Item #16D 8 Agenda Item No. 1608 March 9, 2010 Page 1 of 36 ,,-,'._, EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Declaration of Deed Restriction between Collier County and the Empowerment Alliance of Southwest Florida Community Development Corporation for a project known as Hatcher's Preserve in Immokalee, Florida. OBJECTIVE: To approve and authorize the Chairman to sign a Declaration of Deed Restriction between Collier County and the Empowerment Alliance of Southwest Florida Community Development Corporation ("Empowerment Alliance") for a project known as Hatcher's Preserve in Immokalee, Florida. CONSIDERATIONS: On May 23, 2007, Resolution No. 2007-144, the Board of County Commissioners accepted federally-funded supplemental disaster recovery subgrant agreements with the Florida Department of Community Affairs. Commonly referred to as the Disaster Recovery Initiative, the goal of the program is to rehabilitate hurricane impacted units, harden existing units against future storm damage, provide support for newly constructed hurricane resistant dwelling units and demolish and replace those units damaged beyond repair. - On November 13, 2007, agenda item 16D33, the Board of County Commissioners executed a Disaster Recovery Initiative Subrecipient Agreement with the Empowerment Alliance, a private not-for-profit organization. The a!,'feement provided the organization $374,545.00 in federal grant funds for the construction of infrastructure to benefit fifteen (15) proposed new residential dwelling units for a project known as Hatcher's Preserve in Immokalee, Florida. The Empowerment Alliance has substantially completed the infrastructure project funded by the Disaster Recovery Initiative. However, due to the downward adjustment in the local real estate market, construction of the new residential dwelling units has been temporarily suspended. The Florida Department of Community Affairs, acting as the grantor agency for the Disaster Recovery Initiative, performed an onsite monitoring session in Collier County beginning December 8, 2009 and ending December 10, 2009. During this time it was determined that Collier County was at risk of noncompliance as relates to the Hatcher's Preserve project. Specifically, 24 CFR S 570.208(a)(3) defines an eligible housing activity as one which has the "purpose of providing or improving permanent residential structures which, upon completion, will be occupied by low- and moderate-income households." As noted above, construction of the new residential dwelling units in Hatchcr's Preserve has been temporarily suspended, thereby preventing Collier County from closing the project due to a lack of low- and moderate-income households occupying the proposed units. - Following discussion with the Florida Department of Community Affairs it was determined that Collier County may correct the potential noncompliance by placing a Declaration of Deed Restriction on the assisted project. This document will impose restrictive covenants on the project to ensure that at least fifty-one percent (5]%) of future beneficiaries will be very low- or low- income households. Execution of this document will ensure that the project will comply with the governing rules and regulations, as well as meet a national objective as required by the United States Department of Housing and Urban Development. Once approved and executed, the attached Declaration of Deed Restriction will be recorded in the public records of Collier , -.~~.- -".'''''.,,'.'',- '...e,''',....,.. 0,_" Agenda Item No. 1608 March 9, 2010 Page 2 of 36 County, Florida and a copy will be forwarded to the Florida Department of Community Affairs for review and approval. Recording costs will be paid by the Housing and Human Services Department. FISCAL IMPACT: This Declaration of Deed Restriction will impose restrictive covenants on a project that has been awarded $374,545.00 in Disaster Recovery Initiative grant funding. No general funds are associated with this project. GROWTH MANAGEMENT IMPACT: Implementation of Disaster Recovery Initiative facilitates efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: The Declaration of Deed Restriction has been reviewed and approved by the County Attorney's Office. This item is legally sufficient for Board action. _ CMG RECOMMENDATION: To approve and authorize the Chairman to sign a Declaration of Deed Restriction between Collier County and the Empowerment Alliance for a project known as Hatcher's Preserve in Immokalee, Florida. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services *-, '"'''" 3918850 OR~g~p~tf~~!~ RBCORDBD in omCIAL mORDS of c.1a1P ~~'al FL 10/18/2006 at 03:16P! DWIGHT E. BROCK, CLERK COIS 268000.00 RBC m 18.50 DOC-.70 1876.00 - Retn: GOODLITTI COLIKAI IT AL 1001 TAKIAKI TR I t300 IAPLBS FL 31103 WARRANTY DEED --~, SUBJECT TO: real estate taxes for the year 2006 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority; restrictions, reservations and easements of record common to the subdivision; provided, however, that no one of them shall prevent use of the property for commercial purposes. Grantor represents and warrants that neither she nor her spouse or any minor child thereof reside on the above described property or adjacent thereto and in fact resides at 3090 White Boulevard, Naples, FL 34117 and that the property is vacant land. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. S:\Brandy Closings Phillips sf Empowerment Alliance Warranty Deed :)~S\ .C)(l\ This Instrument Prepared By Richard D. Y ovanovich. Esq. Goodlene, Coleman & Johnson. P .A. 400] Tamiami Trail North, Suite 300 Naples. FL 34103 (Page I of2) xxx OR: AU~fl, 1~~~J4J~ nx March 9, 2010 Page 4 of 36 IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered in the Presence of: Print Nome: , . NETTIE PHILLIPS THE FOREGOING October, 2006 by NETTIE P driver's license as identificati - Print Name: STATE OF FLORIDA COUNTY OF COLLIER Notary Publi Print Name: State of Florida at Large My Commission Expires: (Notary Seal) ..",,"V ""R. .C .....'. IIIlANDYA.1WlCHICE . . . ..'W. . MY COMlIISSION I DO 158976 ,~. EXPIRES: Febnlary 16, 2007 "~~OJ"f~r!"~ BonditdT1lrv8LdoelHotlfyServicef; S:\Brandy Closings Phillips st Empowenncnt Alliance Warranty Deed (Page 2 of2) Agenda Item No. 1608 March 9, 2010 Page 5 of 36 ---.- AGREEMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA HATCHER'S PRESERVE Florida Administrative Code 9BER06-1 CFDA # 14.228 THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "The Empowerment Alliance of SW Florida Community Development Corporation," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 750 South Fifth Street, Immokalee FL 34142 and its Federal Tax Identification number as 59-3682139, hereinafter referred to as "SUBRECIPIENT", effective May 23,2007. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Community Affairs; and - WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit very low and low income persons by addressing hurricane impacted housing public facility and community development needs; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $2,339,882 in Community Development Block Grant Disaster Recovery Initiative funds relating to Hurricane Wilma with Resolution 2007-144 on May 23, 2007, and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved 2005 Disaster Recovery Sub grant Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Disaster Recovery Initiative (DRD Program as a valid and worthwhile County purposes. ,--- NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Empowerment Alliance of Southwest FIonda Hatcher's Preserve Page I of23 ---- --.- ......._,_....". - --"'''-- ". ,~ .. -.-... Agenda Item No. 1608 March 9, 2010 Page 6 of 36 I. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) "SUBRECIPIENT" means The Empowerment Alliance of SW Florida Community Development Corporation (5) "HHS's Approval" means the written approval of the Housing and Human Services Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A". (9) "DR!" means Disaster Recovery Initiative Program (10) "DCA" means Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto an . made a part hereof. IlL TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by DCA under Agreement No. 07DB-3V -09-21-01-Z 01. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to April 30, 2009. _Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY and DCA, in an amount not to exceed Three Hundred Seventy-four Thousand Five Hundred forty-five dollars ($374,545) for the services described in Exhibit" A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal/state requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES 'Empowerment AllIance of Southwest F10nda Hatcher's Preserve Page 2 of 23 Agenda Item No. 1608 March 9, 2010 Page 7 of 36 - All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable: 1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as outlined in Attachment A: Program Guidelines; 2. SUBRECIPIENT acknowledges that it will adhere to all applicable State and Federal laws and regulations; 3. SUBRECIPIENT acknowledges that the Florida Department of Community Affairs and the COUNTY shall be held harmless against all claims of whatever nature arising out of the SUBRECIPIENT'S performance of work. - If needed, SUBRECIPIENT may be called upon to assist COUNTY during a natural disaster or emergency. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS. No payments will be made until approved by the HHS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HHS Department or designee within forty-five (45) days of said official notification. - B. COMPLIANCE WITH LOCAL, STATE AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Empowerment Alliance of Southwest Flonda Hatcher's Preserve Page 3 of23 ....... --.'.-..'._......._-,.-- - -~ Agenda Item No. 1608 March 9, 2010 Page 8 of 36 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 II. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - 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, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Empowerment Alhance of Southwest Flonda Hatcher's Preserve Page 4 of23 Agenda Item No. 1608 March 9, 2010 Page 9 of 36 - 18. Revised Order Number 4 . Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112. which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J. - regulations covering standard Grant Administration Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR 570.502. - 26.0MB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, .' Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 31. Chapter 427, Florida Statutes - which requires the coordination transportation for the disadvantaged. 32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or materials with recycled content. - 33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in Empowerment AllIance of Southwest Flonda Hatcher's Preserve Page 5 of23 -." "'~'-'" - -.".--- --'-. - .,." Agenda Item No. 1608 March 9, 2010 Page 10 of 36 this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (J 800-962-2873). 34. Chapter 415.1034, Florida Statutes - that any person who knows or has reasonable cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the National Center on Elder Abuse Hotline (1-800-962-2873). 35. Chapters 435.03 and 435.04, Florida Statutes - that if any personnel in programs under this contract work directly with children or youths and vulnerable or disabled adults - employment screening is required. 36. Chapter 216.347, Florida Statutes - prohibits the expenditure of contract funds for the purpose oflobbying the legislature, state or county agencies. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set fort" in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS Department or his designee. D. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claim liability, expense, loss, cost, damages or causes of action of every kind or character, includin" attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the Empowerment Alliance of Southwest Flonda Hatcher's Preserve Page 6 of23 Agenda Item No. 1608 March 9, 2010 Page 11 of 36 - performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS, State and Federal support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This signs construction utilizes a minimum conventional 4'X8" plywood back panel and other conventional construction materials and methods. G. TERMINATION - In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. I. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION - In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD or DCA specifies. Empowerment Anlance of Southwest Flonda Hatcher's Preserve Page 7 of23 ....-.....-- -'-- """ --."--. -.-_.- Agenda Item No. 1608 March 9, 2010 Page 12 of 36 H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes S 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners. a Political Subdivision of the State of Florida. its Officers. Employees. and Agents. c/o Housing & Human Services De]:)artIIlent". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate( s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the HHS Department. reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject ap insurer providing coverage because of its poor financial condition or failure to operate legally. Empowerment AllIance of Southwest Plonda Hatcher's Preserve Page 8 of 23 Agenda Item No. 1608 March 9, 2010 Page 13 of 36 -- L INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENT A nON AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. .'- All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for five (5) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation ofHUD Labor Relations, WBEIMBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 2. 4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C". 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. C. PURCHASING .- All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-1I0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. Empowerment Anlance of Southwest FIonda Hatcher's Preserve Page 9of23 -- ---"- -, -- --,.-.---..-.., --~.~-----,._.-.- Agenda Item No. 1608 March 9, 2010 Page 14 of 36 D. REPORTS. AUDITS. AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. . ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, DCA. AND HUD REQUIREMENTS HHS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the COUNTY, DCA or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the HHS Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of$I,OOO or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (t) All rates of pay and pay increases paid out of DR! funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HHS, the COUNTY, DCA, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, the COUNTY, DCA, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-1l0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HHS. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. Tr cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT L exempt from having an audit conducted under A-B3 (Audits of State, Local Govemments, and Empowerment Alliance of Southwest Plonda Hatcher's Preserve Page 10 of23 Agenda Item No. 1608 March 9, 2010 Page 15 of 36 -,~- Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBREClPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBREClPIENT, as deemed necessary by the COUNTY. H. PROGRAM-GENERATED INCOME All income earned by the SUBREClPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall require the prior written approval of the HHS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for DR! funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBREClPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBREClPIENT requests to utilize uncommitted funds. - I. GRANT CLOSEOUT PROCEDURES SUBREClPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CNIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subj ected to, discrimination under any activity carried out by the performance of this Agreement. 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 proj ect areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. empowerment Anlance of Southwest F10nda Hatcher's Preserve Page 11 of 23 J ~._.".___ - .-.-- Agenda Item No. 1608 March 9, 2010 Page 16 of 36 B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBGareas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project ftmded through this Agreement must be very low and low income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of ftmds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project ftmded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request. D. EV ALUATION AND MONITORING The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of thiF Agreement, comparisons of planned versus actual progress relating to project schedulin~ budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HHS or the COUNTY. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in cormection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS 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. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work i furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractor. and consultants who will perform hereunder, have not been placed on the convicted vendor list Empowerment Anlance of Southwest FIonda Hatcher's Preserve Page 12 of23 Agenda Item No. 1608 March 9. 2010 Page 17 of 36 - maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REOUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. ~ 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations 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 funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS - A. AIR AND WATER Empowerment Anlance of Southwest FIonda Hatcher's Preserve Page 13 of23 _ n_. '" _'_"~_'_ '-,..._---_.-- Agenda Item No. 1608 March 9, 2010 Page 18 of 36 The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), 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 as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). 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 . msurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants o' properties constructed prior to 1978 be properly notified that such properties may include lead based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required 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. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Empowerment All1ance of Southwest Flonda Hatcher's Preserve Page 14 of23 Agenda Item No. 1608 March 9, 2010 Page 19 of 36 - XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). . XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. ATTACHMENT A The SUBRECIPlENT shall agree to abide by the program guidelines as excerpted from the federally funded 2005 Disaster Recovery Subgrantee Agreement executed by the State of Florida Department of Community Affairs and Collier County, which are herein incorporated as "Attachment A". -XV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-three (23) enumerated pages, which include the exhibits and attachment referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. - Bmpowerment Alliance of Southwest Flonda Hatcher's Preserve Page 15 of23 - -- --._- _.-._- Agenda Item No. 1608 March 9, 2010 Page 20 of 36 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, wal1'anties, covenants, or undertakings other than those expressly set forth herein. WITNESS THEREOF, the parties hereto have caused this 23 page agreement to be executed by their undersigned officials as duly authorized effective the 23rd day of May, 2007. (SUBRECIPIENT SEAL) THE EMPOWERMENT ALLIANCE OF SW FLORIDA COMMUNITY DEVEL PMENT CO P I I i I I , , , , IRMAN ."'''. , ,.' 0D,jG!J)' " \l~ .. ....-. ,~,<" , ,,', .'- ". . ... " "., -.'}', ATTE$I':> '. :-\ .....-,..', . " .;~ __.J . ,_- , DWIOl'lT.:&..ElR.O,CK, C&ERK - : ',;:~ ':": ',';( ~::='l ; -. : .~ . ,I, .~, , ' - " ~ ........" ~. ~ -' - ~ : /"':',~:..'" he ." --. BOARD OF COUNTY COMMISSIONERS OF COLLI R COU ;ry, FLORIDA BY JA ES COLETTA, CHAIRMAN Appro legal Jeffrey Managin tzkow istant County Attorney Empowerment Al1iance of Southwest Florida Hatcher's Preserve Page 16 of23 Agenda Item No. 1608 March 9, 2010 Page 21 of 36 EXHIBIT "A" - SCOPE OF SERVICES Empowerment Alliance of Southwest Florida Hatcher's Preserve . THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: The Empowerment Alliance of Southwest Florida (EASF) proposes to construct approximately fifteen (15) single family homes on a 5 acre tract of vacant land in Immokalee for legal, low income first time homebuyers to be known as Hatcher's Preserve. B. PROJECT SCOPE: Funding in the amount of Three Hundred Seventy-four Thousand Five Hundred Forty-five dollars ($374,545) has been awarded for the purpose of providing infrastructure to support the construction of housing units. Final completion date for funded activity shall be no later then April 30, 2009. The Subrecipient will be responsible for the following: NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and obtain a letter of approval prior to bidding the construction work. The final number of units to be constructed must be reported to the HHS staff as soon as the determination is made if it differs from the proposed 15 units. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in sealed bid marmer that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. The SUBRECIPIENT shall require a bid bond, 100% payment bond and 100% performance bond for any contract that exceeds $100,000. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall obtain HHS' s approval prior to awarding the construction contract to be funded through this agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not federally debarred. After awarding such contract the SUBRECIPIENT shall submit bid minutes to HHS. HHS's approval is required prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from HHS for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. ADDITIONAL Responsibilities are: ,- The creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. Submission of documentation of Match Funds listed under Budget in Section B prior to submittal of first Request for Payment form. 'Empowerment Alliance of Southwest Flonda Hatcher's Preserve Page 17 of23 . -'.'--.-,--- ,. -- '" 'MO . Agenda Item No. 1608 March 9, 2010 Page 22 of 36 Posting of visible signage at the work site identifying the funding source( s) as mentioned in section VII part F. The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Hatchers Preserve Line Item: Land Acquisition Site Work Infrastructure Landscaping, potable water distribution, Storm drainage, wastewater collection, Paving, earthwork, site prep Administrative/project costs covered under CFR 570 Subpart C and J. Subtotal Infrastructure Construction Architectural design/Engineering Other TOTAL PROJECT COSTS DR! Funds Other $ 272,000 $ 374,000 $ 59,001 $337,545 $37,000 $374,545 $ 59,001 $ 2,145,000 $ 75,000 $ 300,055 $3,599,601 $ $ D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. E. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-I 10 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. F. FORMER PROJECTS: Failure to adequately maintain any former CDBGIHOME/SHIP funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBGIHOME/SHIPIDR! funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Task Work com letion Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with DR! funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "C". The progress reports shall be used as an additional basis for HHS approval of invoices, etc. for payment. After funding is expended, the monthly reporting requirements will be changed. The SUBRECIPIENT shall submit semi-annual reports until the units are constructed and occupied. Empowerment All1ance of Southwest F10nda Hatcher's Preserve Page 18 of23 Agenda Item No. 1608 March 9, 2010 Page 23 of 36 - I. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). J. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. Payments shall be made as work progresses, but not more frequently than once per month. Adherence to the work schedule will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". .-_. Empowerment Alliance of Southwest Florida Hatcher's Preserve Page 19 of23 ,.--. .--..-"".." - -- ..---- ---...- Agenda Item No. 1608 March 9, 2010 Page 24 of 36 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT Disaster Recovery Initiative Subrecipient Name: Empowerment Alliance of Southwest Florida (EASF) Subrecipient Address: 750 South Fifth Street, Immokalee, FL 34142 Project Name: Hatcher's Preserve Project No: DR! 05-02 Payment Request # Dollar Amount Requested: $ STATUS OF FUNDS I. Grant Amount Awarded $ 374,545.00 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 To day's Request $ 6. Current Grant Balance ([nitial Grant Amount Awarded Less Sum of all requests) $ ! certify this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. l also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) Empowerment Aniance of Southwest Florida Hatcher's Preserve Page 20 of 23 Agenda Item No. 1608 March 9, 2010 Page 25 of 36 - EXHIBIT "c" DRI MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 1 rI" of the following month. Status Report for Month of Submittal Date: Project Name Project Number DR! 05-02 Activity Number Subrecipient: Contact Person Telephone: (239) Fax: (239) E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): ~.~. 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. .- 'Empowerment Alliance of Southwest Florida Hatcher's Preserve Page 21 of23 ., ---....- ,_____ . __m_ Agenda Item No. 1608 March 9, 2010 Page 26 of 36 6. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract F ederallD (see definitions on (see definitions on Number Number following page) following page) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOT AL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number o/beneficiaries in the blank space and in box" 1. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in box" 2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFl). Enter this number in box "3." Of these households or persons assisted, Income (MFI). Enter this number in box "4." are low-income (51-80%) of the current Median Family NOTE: The total of boxes 2, 3 and 4 should equal the number if! box t. FEMALE HEAD OF HOUSEHOLD This project assisted in box "5" below. Female Head of Households REGARDLESS of income. Enter this number BOX I BOX2 BOX] BOX4 BOX 5 Total Number of Extremely Very low Income Female Head of Hou~eholds or Persons Low Income Low Income (51.30%) Household Assisted (0-30%) (JI~50%) ; I , , . . , I , i , Empowerment A[liance of Southwest Florida Hatcher's Preserve Page 22 of 23 Agenda Item No. 1608 March 9, 2010 Page 27 of 36 (' Sub recipients must indicate total beneficiaries for Race AND Ethnicitv: Definitions of Race: I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Slack or African-American: A person having origins in any of the black racial groups of Africa: 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. ~ ; Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Slack! African American Other Multi-Racial TOT AL: (-- Empowetment Alliance of Southwest Flonda Hatcher's Preserve Page 23 of 23 A~'m<We J Pa EXHIBIT A-I C_ AtneIJch.".,,, CorSabtecipieot Ago__ FlorIda AdminIs1ntive C0d09BER06-1 Cl'DA 1114.m &lBmlul\..w~ A11i~~..oe ofSoathMst PIorida. ft. This 1lIIIOIldmoat, datod I 2008 to tho rcfcroaocd llpl1lC'lt sha1l be by lIIId botwtlon tho JlII1iea 10 the Aare '_'I.l!mj...~..""""'ADi."",, ofSootltnst f1orida, (to be rc!i,..<>J to as Sub-Reclpilllll) and Co1Iler Couaty. ~ (10 be referred 111 IS "Ownet"). Sta~lnt"'~ RE: CMIrIIctPlorldaAdmDlillNtlv<t Code 9BBRD6-1 CPDA 1114.228 "llmpawermCllllAllillllGo of!loalbwoal Florida. Halcher's Pt.."'-, In order to COIIlInue tho _ ptovtdecllbr In 11IO orlpIaI COIItracl doc..._.t re_ abcwe, the SlIb-Reclpient ....... to ameod the """0 "'~ Conlnlclu folio...: ConIr1lcl Budcet Brd.ID., The A1k>corioo offimds 01\ poco 13 of23 oftb. contract wlIJ be reviled os follows: Ill.!OOEI: Bmpowormont AUion... Hotober'. DRIFUIlds Inftllltructure: Landscaping. polBblo wator distribution, Stonn dniinago, wUleWlller coIlocriOll. PAving. oarthwork. silo prep Administrstivefprojocl costs. $374,545 Total Project COlli $374,545 All oI1ler lcrms and coaditiolls of tho I&l"""'.nt shaU I'III11llin in foroe. IN Wl'lNBSS WHEREOF, tho Sub-Recipient ODd tho Ow... haw escb, n:opecti..ly. by an .uthorized person or sgent, bereuudor set thoir bandJ Olld seals on tbo dato(s) indi.- below. AccepIed: 0,..,( 1'1 OWNER: BOARD OF COUNTY OOMMISSIONBRS COLLIBR COUNTY. FLORIDA .200g Sub-Rceipient F.mpoWomlOllt A Witness ...... " , birm DN~ C'..1c e__. Dl.,. Prin~ and TiJ. By: , , , , I , I i , I I I ; , , , , I I , I I ! I I I , , I , , I I , . , I I ! , i , I I I , . ! Agenda Item No. 1608 March 9. 2010 Page 29 of 36 - EXHIBIT A-I Contract Amendment for Subrecipient Agreement Florida Administrative Code 9BER06-1 CFDA# 14.228 "Empowennent Alliance of Southwest Florida." This amendment, dated "5~ Zq , 2009 to the refCl~llced agreement shall be by and between the panies to llie riginal Agreement, Empowerment Alliance of Southwest Florida (to be referred to as Subrecipient) and Collier County, a political subdivision of the state of Florida, (to be referred to as "County''). . Statement of Understanding RE: Contract Florida Administrative Code 9BER06-1 CFDA #14.228 "Empowennent AJliance of Southwest Florida". In order to continue the services provided for in the original A", ~lent document refeJ ehced above, the Subrecipient agrees to amend the above referenced Agreement as follows: Note: Words ~ have been deleted. Words underl.ined have been added. III. :JlME OF PERFORMANCE: On page 2 of23 amend as follows .-. The effective date of this Agr~"Jent and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by DCA under Agreement No. OIDB-3V-09-21-01-Z01. 'l'lle . . . . The effective date shJ!J1 be Mllv 23. 2007 and the services of the SUBRECIPIENT sha1l be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to ~ October 31.2009. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII f (e), and Part VIII H below. B. PROJECT SCOPE: On page 17 of22 amend as follows final completion date for funded activity shall be no later than October 31. 2009. G. WORK SCHEDULE: On page 18 of23 amend as follows Task Work completion ~ ~ October 31. 2009 PkQBC "tHe thQ/ if lBfY ofHta66 ll8IWiliea 8JtOO&llhe timcli1tes by two "'81'lths i.iI .-wised wem sehedflw P1Ivst be 8,,""'iNed 16 HHS. NOTE: Work schedules are in effect f\!!J1!Qgram IIlQI!itnring reID!irm!enls OI!lv iltld as such are used by HOUSING AND HUMAN SERVICES as..genera1 target g;oll!ul!tIwr th!!l1 strict pgfonnance requirements. , . , -- .- ~"_._-~"~-~~-,--- - "~-; -,.",..","~~--. ~ ,'"..-'" - ",._,. "-."<~._._, .",,_.,- .-,._- _ ___~._~____".u..~...._~"'.. ".-,,_......~ - Agenda Item No. 1608 March 9, 2010 Page 30 of 36 EXIllBIT A-I Contract Amendment for Subrecipient Agreement Florida Administrative Code 9BER06-1 CFDA# 14.228 "Empowerment Alllimce of Southwest Florida" Page 2 of2 IN WITNESS WHEREOF, the Subrecipient and lite Cmmly have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. All other terms and conditions of the agreement shall remain in force. .",.,.~" . V"f"II':.} .~". o ,,, l1.'"" '......., ' . .1','-' ~. ',' ," !i~~!'~i ...':.:~, - .'~'~ """-'..' ':.Oil ; ~..' ,,' 'E;.cl('...clcrk of Courts If_,,-' ,'~ ",';'~.:.". l!t,.-_ ' . OUNTY COMMISSIONERS ~,~ First Witness B -- Lou.e.....~ Ml.I...llu- Type/print witness name D.r.~ C....lc. TypelPrint itness n~me Approved as to form and Legal sufficiency: (l~m~ '"-'. .;T Colleen M.. Greene Assistant County Attorney Agenda Item No. 1608 March 9, 2010 Page 31 of 36 -^'''~- Prepared by and return to: Collier County Housing and Human Services 3301 E. Tamiami Trail Naples, Florida 34112 DECLARATION OF DEED RESTRICTION The Empowerment Alliance of Southwest Florida Community Development Corporation ("GRANTEE"), a private not-far-profit corporation, existing under the laws of the State of Florida, and having its principle office at 750 South Fifth Street, Immokalee, Florida, 34142, hereby files the following Deed Restriction for the following PROPERTY in Collier County, Florida. The PROPERTY is more specifically identified below. Project Name: HATCHER'S PRESERVE Legal Description: See Exhibit "A" -- Location: Immokalee, FL, an unincorporated area within Collier County, FL Folio Number: 00070520002 Specific legal description for PROPERTY is attached hereto as copies of actual deeds confirming the GRANTEE'S ownership, recorded in Official Records Book 4124 Page 1274 of the public records of Collier County, Florida, and depicted as Exhibit "A". In conformance with the GRANTEE'S Community Development Block Grant Disaster Recovery Initiative award for the PROPERTY identified herein to provide infrastructure for fifteen (15) single family dwelling units, the following Deed Restrictions are implemented and shall run with the PROPERTY and be incorporated with any subsequent transfers of said PROPERTY. 1. In consideration of GRANTEE'S Community Development Block Grant Disaster Recovery Initiative award in the amount of Three Hundred Seventy Four Thousand Five Hundred Forty Five and 00/1 00 Dollars ($374.545.00), as provided in the AGREEMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA HATCHER'S PRESERVE effective May 23,2007, executed by the Collier County Board of Page 1 of 5 w "._.~U_ ..___4..__.......... Agenda Item No. 1608 March 9, 2010 Page 32 of 36 County Commissioners on November 13, 2007, agenda item #16D33, GRANTEE covenants and a~,'rees to restrict use of PROPERTY to activities contained in the funding application and said AGREEMENT. 2. The term of said Deed Restrictions is twenty (20) years commencing with the expiration date of AGREEMENT (as may be amended from time to time) and provides that: . a. At least fifty-one percent (51 %) of the beneficiaries of PROJECT funded through said AGREEMENT must be very- low or low- income persons, as defined by United States Department of Housing and Urban Development. If the PROJECT is located in an entitlement city, as defined by the United States Department of Housing and Urban Development, or serves beneficiaries Countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of Community Development Block Grant Disaster Recovery Initiative funding under AGREEMENT must reside in unincorporated Collier County or in municipalities participating in Collier County's Urban County Qualification Program. The PROJECT funded under AGREEMENT shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of said AGREEMENT. The GRANTEE shall provide written verification of compliance to COLLIER COUNTY upon COLLIER COUNTY'S request. b. GRANTEE may not change or alter the use or planned use, or discontinue use, of the PROPERTY (including the beneficiaries of such use) from that which the acquisition or improvements were made, unless the GRANTEE provides affected citizens with reasonable notice of, and opportunity to commcnt on, any such proposed change and either: i. The new use of the PROPERTY, in the opinion of COLLIER COUNTY, qualifies as meeting one of the national objectives, defined in the regulations governing the Community Development Block Grant program, and is not a building for the general conduct of government; or ii. The requirements ofparal,'Taph 2(c) of this section are met. c. If GRANTEE determines, after consultation with affected citizens, that it is appropriate to change the use of the PROPERTY to one which does not qualify under paragraph 2(b )(i) of this section or discontinue use of PROPERTY, it may retain or dispose of the PROPERTY for such use if COLLIER COUNTY is reimbursed the then current fair Page 2 of 5 Agenda Item No. 1608 March 9, 2010 Page 33 of 36 -'. market value of PROPERTY, less any portion thereof attributable to expenditures of non- Community Development Block Grant funds for acquisition of, or improvements to, the PROPERTY. The final determination of amount of such reimbursement under this paragraph will be made by COLLIER COUNTY. d. Following the reimbursement of Community Development Block Grant Disaster Recovery Initiative funds by the GRANTEE to COLLIER COUNTY pursuant to paragraph 2(c), the PROPERTY will no longer be subject to the Deed Restrictions named in this document. COLLIER COUNTY will record a release of lien in the public records of Collier County, Florida. e. In the event of any proposed sale, conveyance or transfer of the PROPERTY, the GRANTEE must obtain prior written approval from COLLIER COUNTY, through the Department of Housing and Human Services. Any approved sale or conveyance of the PROPERTY by the GRANTEE will be contingent upon the receipt of payment as outlined in paragraph 2( c), or the receipt of a commitment, executed by a subsequent owner acceptable to COLLIER COUNTY, acknowledging its acquiescence to this Declaration of Deed Restriction. 3. The GRANTEE agrees to notify COLLIER COUNTY in writing through the Department of Housing and Human Services of any liens, judgments or pending foreclosure on PROPERTY within five (5) working days of receipt of said notice by GRANTEE. 4. GRANTEE shall submit to COLLIER COUNTY HOUSING AND HUMAN SERVICES once each year a report detailing compliance with the terms of the governing AGREEMENT and this Declaration of Deed Restriction. 5. GRANTEE relinquishes all rights to alter, amend, modify or release the covenants set forth in this Declaration of Deed Restriction prior to completion of the twenty (20) year period described herein. -- The Declaration of Deed Restriction may only be terminated if released by COLLIER COUNTY, acting through the Board of County Commissioners. A partial release of lien will be issued upon notification of the site address of each dwelling unit transferred to an income qualified household, as defined under paragraph 2(a) . Page 3 of5 Agenda Item No. 1608 March 9, 2010 Page 34 of 36 IN WITNESS WHEREOF, the Parties have executed this Declaration of Deed Restrictions on the 9th day of March, 20 I O. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, , Deputy Clerk By: 03/09/2010 FRED W. COYLE, CHAIRMAN By: Approved as to form d legal sufficiency: Recommend Approval" ,~ , ,. -R Colleen Greene Assistant County Attorncy cy Krumbin , Director Collier County Housing and Human Services WITNESSES THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORTATION: Witnesscs: Print Name EDWARD R. OLESKY, CHAIRMAN Witnesses: Print Namc ST ATE OF FLORIDA COUNTY OF COLLIER The foregoing Declaration of Deed Restriction was acknowledged before me this day of , 2010, by Edward R. Olesky, who is personally known to me or has produced as proof of identity. [NOTARIAL SEAL] Signature of Person Taking Acknowledgmcnt Page 4 of5 - .... ,,~-, Agenda Item No. 1608 March 9, 2010 Page 35 of 36 EXHIBIT "A" LEGAL DESCRIPTION: The SOUTH Y, OF THE SOUTHWEST II. OF THE SOUTHEAST \4 OF THE SOUTHEAST \4 OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA. Page 5 of5 .__ ....._ _" _".'~'__.~_~_.__,,___._,m_ ~ ....0""' .L '-'.L .L Agenda Item No. 1608 March 9, 2010 Page 36 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16DB Recommendation to approve and authorize the Chairman to sign a Declaration of Deed Restriction between Collier County and the Empowerment Alliance of Southwest Florida Community Development Corporation for a project known as Hatchers Preserve in Immokalee, Florida. 3/9/20109:00.00 AM Item Number: Item Summary: Preps red By Frank Ramsey Manager - Housing Development Date Public Services Division Human Services 2/22/20102:16:00 PM Approved By Marcy Krumbine Director ~ Housing & Human Services Date Public Services Division Human Services 2/23/2010 1: 12 PM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 2/23/20101:16 PM Approved By Marlene J. Foord Grant Development & Mgmt Coordinator Date Administrative Services Division Administrative Services Division 2/24/201012:23 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 2/24/20101 :42 PM Approved By Marla Ramsey Administrator - Public SelVices Date PubliC SelVices Division Public Services Division 2/26/2010 8 :21 AM Approved By Jeff Klatzkow County Attorney Date 2/26/20103:00 PM Approved By Leo E. Ochs. Jr. County Manager Date County Managers Office County Managers Office 3/1/20106:28 PM .L":1_.11r'l.1 A ____-.l_'T'__.LIT'u____-.LI1 C'f\ ~.r_.._L r. "C\1C\11r r'l~""TC'T'''''T'T' AI'I'-"'T~A\1rT"l. rUTrlT lr'l C'T' "'/"'/'""\(\1C\