Resolution 2005-157
RESOLUTION NO. 2005 -~
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2005-2006
COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR
$3,524,802 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY
SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD
CERTIFICATIONS, APPROVING EXECUTION OF SUB-RECIPIENT
AGREEMENTS BY CDES DIVISION ADMINISTRATOR, AND TRANSMITTAL
TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development
(hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be
developed to represent a submission for planning and funding for Community Development
Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant
(ESG) Programs;
WHEREAS, the overall goal of the community planning and development programs
covered by this plan is to develop viable communities by providing decent, affordable housing, a
suitable living environment and expanding economic opportunities principally for low and
moderate-income persons; and
WHEREAS, the Fiscal Year 2005-2006 Consolidated Plan One-Year Action Plan was
developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted
January 9,2001; and
WHEREAS, the FY 2005-2006 Consolidated Plan One- Year Action Plan will serve as:
a planning document for Collier County, and an application for federal funds under the U. S.
Department of Housing and Urban Development (RUD) formula grant programs, a strategy to be
followed in carrying out the HUD programs, and an action plan that provides a basis for
assessing performances;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
I. The Board of County Commissioners of Collier County approves the Fiscal
Year 2005-2006 Consolidated Plan One-Year Action Plan for the CDBG,
HOME and ESG Programs, which is attached and incorporated herein by
reference, and authorizes the Department of Financial Administration and
Housing (F AH) to transmit the Plan to the proper funding authority and take
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all necessary actions for implementation of the CDBG, HOME and ESG
programs.
2. The Chairman of the Board of County Commissioners is authorized to
execute certifications pertaining to the Consolidated Plan One-Year Action
Plan on behalf of the County.
3. Section 4.0 of the One-Year Action Plan sets forth the dollar amounts
estimated for each Activity to be funded by the CDBG, HOME and ESG
Programs. A copy of the proposed Activities and total CDBG, HOME and
ESG funding is set forth in Exhibit "A", attached and incorporated by
reference. Accordingly, the individual Activity's Sub-Recipient Agreement
for all CDBG, HOME and ESG projects will be subsequently entered into on
behalf of Collier County and each such Agreement is hereby acknowledged
as providing for a valid public and County purpose. Based on these findings,
the Community Development and Environmental Services Administrator is
authorized to execute the CDBG, HOME, and ESG Sub-Recipient
Agreements to implement each such Activity, so long as: I) each such Sub-
Recipient Agreement conforms to the format of the attached blank forms,
Exhibit "B" and "C", adopted and incorporated by reference, and 2) the dollar
amount of each Activity and corresponding Sub-Recipient Agreement is
consistent with targeted areas outlined in the One-Year Action Plan Section
4.0, referenced above. The Community Development and Environmental
Services Administrator, or his designee, is authorized to amend all Sub-
Recipient Agreements adopted in accordance with the FY 2001-2006
Consolidated Plan and RUD regulations, as needed, in order to further the
goals of the CDBG, HOME and ESG federally funded programs.
4. SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this Resolution.
5. EFFECTIVE DATE. This Resolution shall become effective upon adoption
by a majority vote of the Board of County Commissioners.
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-/11
This Resolution adopted this /) - of April 2005, after motion, second and majority
vote favoring same.
"ATi?~t:..
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. ABprd~l; to form and
~ISU fi' cy:
Patrick G. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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FRED W. COYLE, CHAI MAN
By:
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COLLIER COUNTY
Financial Administration and Housing
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TO:
FROM:
SUBJECT:
DATE:
Patrick White, Assistant County Attorney
Susan GOlden, Grants Administration ManageF
Certifications for HUD One-Year Action Plan
April 8, 2005
Attached please find five (5) HUD certification forms that need your signature. I
addition, there are three (3) HUD SF 424's that your office typically stamps with
"Approved to form & legal suffidency". These are the standards forms that are
signed by yourself and the Chairman each year.
Please sign the enclosed documents for the One-Year Action Plan that the BeC
will review on April 12t11. Please return the originals to my office and I will deliver
them to Sandra Lea.
If you have any questions please call me at 213-2901. Thank you.
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COLLIER COUNTY
Financial Administration and Housing
Memo
TO:
FROM:
SUBJECT:
DATE:
Sandra Lea, Executive Secretary ~
Susan Golden, Grants Administration Manager i>
Certifications for HUD One-Year Action Plan J
April 8, 2005
Attached please find five (5) HUD certification forms and three (3) HUD SF 424's
which will need Chairman Coyle's signature after the BCC approves the HUD
One-Year Action Plan on April 12th. These are standards forms that are signed
by the County Attorney and the Chairman each year.
The pink routing form will need to be changed to reflect that there are actually
eight (8) new signature pages for Chairman Coyle to sign in addition to the
signed Resolution.
If you or any other members of staff have any questions please call me at
213-2901. Thank you.
EXHIBIT "B"
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AGREEMENT BETWEEN COLLIER COUNTY
AND
NAME OF SUBRECIPIENT
Catalog of Federal Domestic Assistance # 14,218
HUD Grant # B-04-UC-12-00l6
THIS AGREEMENT, is entered into this day of 20 , by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the
"NAME OF SUBRECIPIENT," a private not-for-profit corporation existing under the laws of the State of
Florida. having its principal office at , and its Federal Tax Identification
number as hereinafter referred to as
"SUBRECIPIENT,"
WHEREAS, Collier County has entered into an agreement with the United States Department of Housing
and Urban Development for a grant for the execution and implementation of a Community Development
Block Grant Program in cel1ain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
bencfit low and modcrate income persons and neighborhoods and to alternatively use Community
Developmcnt Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/ community improvements; to improve the condition of
life for persons who require physical access or other services that meet their individual needs; and to provide
for long range community improvements by assessing current conditions and planning long range
improvement programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2004-2005 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and
WHEREAS. The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program by
\!A:V1E OF SUBRECIPIENT
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WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, COUNTY and "NAME OF SUBRECIPIENT" desire to provide the activities specified in Part
II of this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, COUNTY desires to engage "NAME OF SUBRECIPIENT" to implement such undertakings
of the Community Development Block Grant (CDBG) 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:
I. DEFINITIONS
(I) "County" means Collier County, and where applicable, its authorized representative(s),
(2) "CDBG" means the Community Development Block Grant Program of Collier County,
(3) "F AH" means the Financial Administration and Housing Department of Collier County,
(4) "SUB RECIPIENT" means "NAME OF SUBRECIPIENT",
(5) "FAH Approval" means the written approval of the FAH 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",
II. SCOPE OF SERVICES
The SUB RECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks
necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement
using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part
hereof,
III, 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 HUD under Grant No, B-04-UC-12-0016, The effective date shall
be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken
SUBRECIPIENT AGREEMENT
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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 June 30, 2005, 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 belo\\'.
IV, CONSIDERA TION AND LIMIT A nON OF COSTS
The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, detennined by COUNTY, in an
amount not to exceed ($) for the services described in Exhibit "A.n
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements, The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and 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
All notices required to be given under this Agreement shall be sufficicnt when delivered to F AH at its office.
presently located at 2800 North Horseshoe Drive, Suite 400, Naplcs, Florida 34] 04, and to thc
SUB RECIPIENT 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 conccrning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIEi\T
further agrecs to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities,
VII. GENERAL CONDITIONS
A. IMPLEMENT A nON OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal.
State, and County laws, ordinances and codes and with the proccdures outlined in F AH
Policies and Procedures memoranda, The Federal, State. and County laws, ordinances and
codes are minimal re/,'lIlations supplemented by more restrictive guidelines set forth by FAH.
No payments will be made until approved by the F AH Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the FAH Department
or designee within forty-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULA nONS 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 SUBRECIPlENT further agrees to abide by all other applicable la\\'s,
SUB RECIPIENT AGREEMENT
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1, 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds,
2, 24 CFR Part' 58 - The regulations prescribing the Environmental Review
proced ure,
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. Titlc vn 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
SUBRECIPIENT AGREEME\lT
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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.
] 8, 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 Granted Administration
Procedures, These replace OMB Circular A-I O~. This subpart includes ~4 CFR
570,502.
26.0MB Circular A-133 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
28. Section 109, Puhlic 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 AI,,'Teements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations,
30, 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrativc
Requirements for Grants and AI,,'reements to State and Local Governments.
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
SUBRECIPIENT AGREEMENT
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execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit "A." .
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department 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 SUB RECIPIENT 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 SUB RECIPIENT or reimbursed by
the County without prior written approval of the FAH 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 Collier County, Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the County and
signed by each Party's authorized representatives,
E, INDEMNIFICATION
The SUB RECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its
agents, its employees and elected officers harmless from and against any and all claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the
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 SUB RECIPIENT
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 FAH in all publications and publicity, In addition, the SUBRECIPIENT will make
a good faith effort to recognize FAH's support for all activities made possible with funds made
available under this Agreement.
SLJBRECIPIENT AGREEMENT
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G, TERMINA nON
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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 Af,'feement shall be returned
to FAH or the County, In the event of termination, the SUB RECIPIENT 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
SUB RECIPIENT for set-off purposes until such time as the exact amount of damages due to
the County from the SUB RECIPIENT 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 Agrecment, either party shall thereupon ha\'e the right to terminate this
Agreement in whole or part by giving written noticc of such termination to the other party and
specifying therein the effective date of termination,
2, TERMINA TION FOR CONVENIENCE
At any time during the term of this Af,'feement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written noticc to the other party.
Upon termination, the County sha!l pay the SUBRECIPIENT for services rendercd pursuant t~
this Af,'feement through and including the date of termination,
3, TERMINATION DUE TO CESSATION
In the event the f,'fant to the County under Title I of the Housing and Community Dcvelopmcnt
Act of 1974 (as amended) is suspended or tenninatcd. this Agreemcnt shall be suspcnded or
terminated effective on thc date that HUD specifies,
H, INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
I, 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 9 768,28 and $2,000.000 per accident for federal and outside Florida litigation per
Florida Statutes 9 768,28. Coverage shall not contain any cndorsement excluding Contractual
Liability or Cross Liability unless f,'Tanted by the County's Risk Management Department, The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis,
SUBRECIPIENT AGREEMENT
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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 9 768,28 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
SUBRECIPlENT 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 SUB RECIPIENT 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
Count v Board of County Commissioners. a Political Subdivision of the State of Florida, its
Officers, Emplovees. and Agents. c/o Deoartment of Financial Administration and Housing",
The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4, CERTIFICATE OF INSURANCE
The SUBREClPlENT 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 SUB RECIPIENT agrees that the County, by and through its Purchasing or Risk
Management Department, in cooperation with the Department of Financial Administration and
Housing, 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 any insurer providing coverage because of its poor financial condition or
failure to operate legally,
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,
SUBREClPIENT AGREEMENT
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VllI. ADMINISTRATIVE REOUIREMENTS
A, Financial Management
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary sourcc
documentation for all costs incurrcd.
B, Documentation and Record - Kecping
I, The SUBRECIPIENT shall maintain all records rcquired by the CDBG Regulations,
2, All reports, plans, survcys, infonnation, documents, maps, and other data procedurcs
develop cd, prepared, asscmbled. 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 thc County or FAH, Upon completion of all work contcmplatcd
under this Ab'feement copies of all documents and rccords relating to this Agrcement
shall bc surrcndcred to F AH if requested, In any cvent thc SUBRECIPIENT shall kecp
all documcnts and records for thrce (3) years aftcr cxpiration of this Agreement.
3, The SUBRECIPIENT shall submit reports as requircd to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE. Equal Opportunity Employment. and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi),
4, SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C".
5, The SUBRECIPIENT shall maintain rccords showing compliancc with the Davis-
Bacon Law, including files containing contractor payrolls, employee intcrviews, Da\'is-
Bacon wage rates, and administrative cross-rcfcrcncing. SUBRECIPIENT shall
maintain rccords showing contractor compliancc with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with fcdcral purchasing requirements and with other federal requirements
for grant implementation,
C, PURCHASING
All purchasing for services and goods, including capital equipmcnt. shall be made by purchase
order or by a written contract and in conformity with the procedurcs prescribed by the Federal
Management Circulars A-IIO, A-122, 24 CFR Part 84. and 24 CFR Part 85, which arc
incorporated hcrein by reference,
D, REPORTS, AUDITS. AND EV ALU A TIONS
Reimbursement will be contingent on the timely reccipt of complete and accurate reports
required by this Agreement, and on the rcsolution of monitoring or audit findings idcntificd
pursuant to this Agreement.
SUBRECIPIENT AGREEMENT
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E. ADDITIONAL FAR COUNTY. AND HUD REOUIREMENTS
F AH 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 F AH, the
County, or HUD at any time,
F, PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the F AH Department or designee
in order to be eligible for reimbursement.
(a) All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of $ I ,000 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
(I) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as F AH, the County, HUD, or the
Comptroller General of the United States may deem necessary, there shall be made available by
the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination
all its records with respect to all matters covered by this Agreement.
SUBRECIPIENT AGREEMEl'-iT
The SUBREClPIENT 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-IIO (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 FAH, 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, The
cost of said audit shall be borne by the SUBRECIPlENT, In the event the SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and
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 SUBRECIPIENT as
defined in A-133. The County will be responsible for providing technical assistance to the
Page 10 of22
8 D.,.
SUBRECIPIENT, as deemed necessary by the County,
H. PROGRAM-GENERATED lNCOME
All income eamed by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to FAH, 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 FAH, and said plan shall
require the prior written approval of the F AH Department or designee, Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrati\'e
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 CDBG
funds may be retained by thc 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 SUBRECIPIENT 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 SUB RECIPIENT requests to utilize
uncommitted funds,
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPlENT 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 REOUIREMENTS
A, OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPlENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age. familial status, or sex be excludcd from the benefits of: or be
subjected 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 project areas shall be
awarded contracts in connection with the project. The SUBRECIPlENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968,
SUBRECIPIENT AGREEMENT
Page II of22
"8
D ~ If/i
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of sup'plies, 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 CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD,
C, PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries ofa 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 through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program, The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to F AH upon F AH's request.
D. EV ALUA TION AND MONITORING
The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation
activities as determined necessary by FAH cr the County and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures, The SUBRECIPlENT agrees to furnish upon
request to FAH. the County or the County's designees and make copies or transcriptions of
such records and information, as is determined necessary by F AH or the County, The
SUBRECIPIENT shall, upon the request of FAH, submit information and status reports
required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate
said progress and to allow for completion of reports required of FAH by HUD, The
SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site, Such site
visits may be scheduled or unscheduled as determined by F AH or HUD,
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
deb'fee 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
F AH 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
SUBRECIPIENT AGREEMENT
Page 12 of22
.'
8 D,.
area,
F, PUBLIC ENTITY CRIMES
As provided in F,S, 287,133 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 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:
I, 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 Con!,'I'ess, or
an employee of a Member of Con!,'I'ess in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of Qny Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract. !,'I'ant, loan, or cooperative
agreement.
2, If any funds other than Fcderal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influencc 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 certitication be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative A!,'I'eements) and that all
SUB RECIPIENTS shall certify and disclose accordingly.
I. REAL PROPERTY
Any real property acquired by the SUB RECIPIENT 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.
SUBRECIPIENT AGREEMENT
PageI3of22
8 D"
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, ENVIRONMENT AL CONDITIONS
A. AIR AND WATER
The SUBREClPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
[, 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
400 I), 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
InSUrance,
C, LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570,608, 24 CFR Part 25 and 24 CFR part 92,355, Such re/,'1Jlations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
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.
SUBRECIPIENT AGREEMENT
Page 14of22
8 Dj"
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,
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUSRECIPIENT 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 CDSG 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
COBG funds may not be used for religious activities or provided to primarily religious organizations,
24 CFR 570,200U) specifies the limitations on COSG funds, and is herein incorporated by reference.
XIV, COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of fifteen (15) enumerated pages, which includc the exhibits referenced
herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original. and
such counterparts will constitute one and the same instrument.
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, warranties, covenants, or undertakings other than those expressly set forth herein,
SUSREClPIENT AGREEMENT
Page 1501'22
8 D'4f
WITNESS our Hands and Seals on this
day of
.20
NAME OF SUBRECIPIENT
(SUBRECIPIENT SEAL)
BY:
SIGNATURE
BY:
PRINT NAME
Approved as to form and
legal sufficiency:
COLLIER COUNTY, FLORIDA
BY:
JOSEPH K, SCHMITT, ADMINISTRATOR,
Patrick G, White
Assistant County Attorney
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES
SUBRECIPIENT AGREEMENT
Page 16 of22
8 D4'.
EXHIBIT "A"
SCOPE OF SERVICES
I. THE SUBRECIPIENT AGREES TO:
A, PROFESSIONAL SERVICES:
The procurement process of the consultant shall also incorporate any sub-consultants, which shall be
funded as reimbursable under the consultant's contract for services, Reimbursement for sub-
consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as
deemed necessary for the nature of the project.
8, PROJECT SCOPE:
NARRATIVE OF WORK PLAN
NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to F AH and
obtain a letter of approval prior to bidding the construction work,
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner 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.
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. All construction work shall
be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the
construction contract to be funded through this agreement. After awarding such contract the
SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract,
NOTE 4: The SUBRECIPIENT shall not request reimbursement from F AH for materials or equipment
received and stored on the project site or elsewhere, The SU8RECIPIENT shall only request
reimbursement for materials and equipment that have been installed,
The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above,
c.
BUDGET:
Line Item:
CDBG Funds
Other
Total
$
Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs
are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for
SUBRECIPIENT AGREEMENT
Page 1701'22
8 0 ,.
determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to
F AH, on behalf of the County, as the Grantee, for F AH approval, in a form specified by F AH,
D. ST AFFING: Provide list of staff and time commitments to be allocated to each activity specified in B
(Project Scope) and C (Budget) above, if applicable,
E. ASBESTOS REOUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors'
compliance, with all applicable requirements for construction work in connection with the Project
funded through this Agreement.
F. DA VIS-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),
G. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-lID (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds,
H, CONSTRUCTION PAYMENT RET AINAGE: The SUBRECIPIENT shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUB RECIPIENT agrees not to release such
retain ages until it has obtained approval from the County that the contractor and subcontractors have
complied with the requirements of the Davis-Bacon Act.
I. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
J. WORK SCHEDULE: The time frame for completion of the outlined activities shall be
K, REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial
Administration and Housing Department outlining the status of specific activities under the project.
Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with
CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the
Project. The progress reports should be mainly in the form of a narrative, The progress reports shall be
used as an additional basis for F AH approval of invoices, etc, for reimbursement.
SUBRECIPIENT AGREEMENT
Page 18 of22
8 at-
EXHIBIT "B"
COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING
REQUEST FOR PA YMENT
SECTION I: REQUEST FOR PAYMENT
Subrccipient Name:
Subrecipient Address:
Project Name:
Project No:
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I, 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 To day's Request
$
6, Current Grant Balance (Initial Grant
Amount Awarded Less Sum of all
Requests)
$
7, If applicable amount held as retainage to
date by the County, if not retained by
the sub-recipient.
$
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 as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs,
Signature
Date
Title
Authorizing Grant Coordinator
Supenrisor
Dept Director
SUBRECIPIENT AGREEMENT
Page 19 of22
EXHIBIT "C"
8 0 ,-
CDBG MONTHL Y PROGRESS REPORT
Complete form for past month an'd submit to FAH staffby the ](l' of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Project Number
Activity Number
Subrecipient:
Contact Person
Telephone:
Fax:
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.
SUBRECIPIENT AGREEMENT
Page 20 of 22
t
8 0 .'.
5. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ID (see (see
Number Number definitions on definitions on
page 3) page 3)
6. 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:
TOTAL BENEFICIARIES
This project benefits households or persons, Please circle one category
(either "households" or "persons"), Enter the number of beneficiaries in the blank space
and in box "],"
INCOME
Of the households or persons assisted, are extremely low-income income (0-
30%) of the current Median Family Income (MFI), Enter this number in box "2,"
Of the households or persons assisted, are very low-income (31-50%) of the
current Median Family Income (MFI), Enter this number in box "3, "
Of these households or persons assisted, are low income (51-80%) of the
current Median Family Income (MFI), Enter this number in box "4. "
NOTE: The total of boxes 2,3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income.
Enter this number in box "5" below,
BOX 1 BOX 2 BOX 3 BOX4 BOX 5
Total Number of Extremely Very Low Income, Female Head of
Households or Persons low Income Low Income (51.80%) Household
Assisted (0.30%) (31.50%)
I
I
SUBRECIPIENT AGREEMENT
Page 21 of22
It 8 D,_
Subrecipients 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:
[, 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 Ethnicitv 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 Black! African American
Other Multi-Racial
TOTAL:
SUBRECIPIENT AGREEMENT
Page 22 of 22
~ 8 D .~
EXHIBIT "COO
AGREEMENT
BETWEEN COLLIER COUNTY
AND
SUBRECIPIENT/SPONSOR
Catalog of Federal Domestic Assistance #14,239
RUD Grant # M-04-UC-1 2-00 I 7
THIS AGREEMENT, is entered into day of 2004, by and
between Collier County, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY", and the SUBRECIPIENT/SPONSOR, a State of Florida, created in
accordance with Florida Statue Section 421.27 et, Seq., having its principal office at
and with offices at, and its Federal Tax Identification number as, hereinafter referred to as the
"SPONSOR" collectively the "Parties."
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program
funds from the United States Department of Housing and Urban Development (RUD) as provided by
the Housing and Community Development Act of] 974, as amended (p.L. 93-383)("ACT'); and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the HOME Program
by Resolution (2004-] ]2) on April 13, 2004; and
WHEREAS, the United States Department of Housing and Urban Development (RUD) has approved
the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the
HOME Programs and thc use of the HOME funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in this
Agreement. in accord with the approved Annual Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the
HOME Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained,
including the Attachments, and subject to the terms and conditions hereinafter stated., the Parties hereto
understand and agree as follows:
SPONSOR/SUBREClPIENT
Page I of 17
I - Definitions
(I)
(2)
(3)
(4)
(5)
6)
( .
(7)
(8)
(9)
(10)
Il - Term
'"
8 D '''f
"COUNTY" means Collier County, and where applicable. its authorized
representative( s).
HOME is hereby defined as the HOME Investment Partnerships Program as described
in 24 CFR Part 92, under the authority of 42 U.S.c. 3535 (d) and 12701 - 12839,
"FAH" means the Financial Administration and Housing Department of Collier County,
"SPONSOR" means the
"F AH Approval" means the written approval of the F AH Department or designee.
"HUD" means the Secretary of the U,S. Department of Housing and Urban
Development or a person authorized to act on its behalf.
"Low and modcrate income persons" means the definition set by BUD,
"Project" means the work contemplated to be performed as set forth in Section m.
Scope of Work.
"FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the
SPONSOR agrees to accept as payment in full for all the professional and technical
services rendered pursuant to this Agreement to complete the WORK as further defined
in Section III, Scope of Work. hercof,
"WORK" - is hereby defined as all the professional and technical services to be
rendered or provided by the SPONSOR as described here,
The SPONSOR expressly agrees to complete all work required by this agreement in accordance with
thc timetable set forth below, which will bc considered the compliance period,
Milestone Deadline
Project Start Date
Interim Milestones/ Deadlines (list below):
50% Project Completed
100% Project Completed
During this compliance period, the SPONSOR will assure continued compliance with HOME
requirements. For rental units, this includcs ongoing property standards, occupancy. and rent limits
compliance.
Timely completion of the work specified in this agreement is an integral and essential part of
performance, The expenditure of HOME funds is subject to Federal Deadlines and could result in thc
loss of the Federal funds. By the acceptance and execution of this agreement. it is understood and
agrccd by the SPONSOR that thc PROJECT will be completed as cxpeditiously as possible and that
SPONSORJSUBRECIPIENT
Page 2 of 17
"8 D, _
the SPONSOR will make every effort to ensure that the project will proceed and will not be delayed.
Failure to meet these deadlines can result in cancellation of this contract and the revocation of HOME
funds, Since it is mutually agreed that time is of the essence as regards this Agreement, the SPONSOR
shall cause appropriate provisions to be' inserted in all contracts or subcontracts relative to the work
tasks required by this agreement, in order to ensure that the PROJECT will be completed according to
the timetable set forth, It is intended that such provisions inserted in any subcontracts be, to the fullest
extent permitted by law and equity, binding for the benefit of the COUNTY and enforceable by the
COUNTY against the SPONSOR and its successors and assigns to the project or any part thereof or
any interest therein,
In the event the SPONSOR is unable to meet the above schedule or complete the above services
because of delays resulting from Acts of God, untimely review and approval by the COUNTY and
other governmental authorities having jurisdiction over the PROJECT, or other delays that are not
causcd by the SPONSOR, the COUNTY shall grant a reasonable extension of time for completion of
the WORK. It shall be the responsibility of the SPONSOR to notiJy the COUNTY promptly in writing
whenever a delay is anticipated or experienced, and to inform the COUNTY of all facts and details
relatcd to the delay.
111- Scope or Work
The SPONSOR, in close coordination with the COUNTY, shall perform all professional services (the
"WORK") neccssary to complctc the development and occupancy of the following project in full
compliance with the terms of this Agreement:
Program funding may be used to provide one (I) year of additional rental assistance to existing eligible
participants, Under no circumstances shall rental subsidy exceed twenty-four months to an individual
or houschold, Prefercncc mID' be given to homeless individuals or families,
It is understood that the SPONSOR will provide a specific working budget and realistic timetable as
relatcs to: monthly rcntal assistancc, security and utility deposits prior to any fund usage. Said budget
shall identify all sources and uses of funds, and allocate HOME and non-HOME funds to activities or
line itcms and shall be submitted within thirty (30) days ofthe agreement approval.
IV - Reimbursement or Expenses & Fees
A, The SPONSOR shall be paid by the COUNTY for allowable costs determined by the
COUNTY. in an amount not to exceed $ for including
for project delivery cost, The project delivery cost based on ten (10) percent of not
to exceed $
SPONSOR/SUBRECIPIENT
Page 3 of t7
~ 8 D ,.
B. Project expenses (excluding delivery costs) shall be paid based on vouchers for actual expenses
incurred or paid, Requests for payment must be submitted by the SPONSOR by the 30th of
each month in forms specified by the COUNTY, with adequate and proper documentation as
defined by HOME Program Regulations, of eligible costs incurred in compliance with 24
CFR92.206 and necessary for RUD Inte!,rrated Disbursement Information System (IDIS)
disbursement requirements. Project expenses will then be reimbursed to the Sponsor within 15
-20 working days if there are no extenuating circumstances, All such expenses shall be in
conformance to the approved project budget. Budget revision and approval shall be requircd
prior to payment of any expenses not conforming to the approved project budget. SPONSOR
shall receive as project delivery ten (10) percent of the billing costs but not to exceed $20,000,
C. The COUNTY reserves the right to inspect records and project sites to determine that
reimbursement and compensation requests are reasonable, The COUNTY also reserves the
right to hold payment until adequate documentation has been provided and reviewed, but such
payments shall not be arbitrarily nor unreasonably withheld if adcquate documentation as
defined by HOME regulations is provided,
D, The SPONSOR may submit a final invoice upon completion with a letter requesting closeout of
the project. Final payment shall be made after the COUNTY has determined that all services
have been rendercd, files and documentation delivered, and units have becn placed in service in
full compliancc with HOME rcgulations, including submission of a completion report and
documentation of eligible occupancy, property standards and applicable restrictions, Said
dctcrmination shall be made within rcasonable time, but no latcr than forty-five (45) days after
thc Sponsor has submittcd its final invoice,
E, The COUNTY shall have the right to review and audit all records of the SPONSOR pertaining
to any payment by the COUNTY, Said records shall be maintained for a period of five years
after complction,
v - Proiect Requirements
The SPONSOR agrees to comply with all requirements of the HOME Program as stated in 24 CFR
Part 92, including but not limited to thc following.
A, No HOME project funds will be advanced, and no costs can be incurred, until the COUNTY
has conducted an cnvironmental review of the proposed project site as requircd under 24 CFR
58, The environmental review may result in a decision to proceed with, modifY or cancel the
rental assistance,
Notwithstanding any provision of this Agreement. the Parties hereto agree and acknowledge
that this Agreement does not constitute a commitment of funds or sitc approval. and that such
commitment of funds or approval may oceur only upon satisfactory completion of
environmental review and reccipt by the COUNTY of a rclcase of funds from the V,S,
Department of Housing and Urban Development under 24 CFR 58, The HOME funds
advanced to the PROJECT will be secured by lease agreements and deposit agreements,
SPONSOR/SUBRECIPIENT
Page 4 of 17
8 01'
B, The SPONSOR will ensure that any expenditure of HOME funds will be in compliance with
the requirements at 24 CFR 92.206, and acknowledges that HOME funds will only be provided
as reimbursement for eligible costs incurred, including actual expenditures or invoices for work
completed,
C. The designated HOME-assisted units of this PROJECT will meet the affordability requirements
as found in 24 CFR 92,252 (rental). The SPONSOR shall collect and maintain Project
beneficiary information pertaining to household size, income levels, racial characteristics, and
the presence of Female Headed Households in order to determine low and moderate-income
benefit in a cumulative and individual manner, Income documentation shall be in a form
consistent with HOME requirements as stated in the RUD Technical Guide for Determining
Income and Allowances Under the HOME Program.
D, In the selection of occupants for PROJECT units, the SPONSOR shall comply with all non-
discrimination requirements of24 CFR 92.350. Such procedures are subject to approval of the
F AH, The SPONSOR will implement affirmative marketing procedures as required by 24 CFR
92.35]. Such procedures are subject to approval of the FAH,
E, The SPONSOR shall assure compliance with 24 CFR 92251 as relates to Property Standards
and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92251(aX3) as
applicable. and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part
35.
F. The SPONSOR may provide documentation approved by FAH regarding match for purposes of
the HOME program. However, NO match is required for this activity.
G, The SPONSOR will be monitored by F AH for compliance with the regulations of 24 CFR 92
for thc compliancc period specified above, The SPONSOR will provide reports and access to
project files as requested by FAH during the PROJECT and for Five (5) years after completion
and closeout of the AGREEMENT.
VI - Repavment
A. All HOME funds are subject to repayment in the event the PROJECT does not meet the Project
Requirements as outlined above.
B. It is understood that upon the completion of the PROJECT, any HOME funds reserved but not
expcnded under this Agreemcnt will revert to the COUNTY within thirty (30) days,
VII - Procurement Standards
The SPONSOR shall establish procurement procedures to ensure that materials and services are
obtained in a cost-effective manner. When procuring for services to be providcd under this agrecment.
SPONSORlSUBRECIPIENT
Page 5 of 17
hi 8 D it
the SPONSOR shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84.40 -
.48.
In addition, the following requirements ate imposed on any procurement under this PROJECT:
Comply with Collier County Purchasing Ordinance # 87-25, amcnded by Rcsolution #97-435 which
will be provided to the SPONSOR,
In addition, it is understood that any SPONSOR that can be considered to be a religious organization
shall abide by all portions of24 CFR 92,257,
VIII - Conflict of Interest Provisions
HOME conflict of interest provisions, as stated in 24 CFR 92.356(1), apply to the award of any
contracts under this Agreement and the selection of tenant households to occupy HOME-assistcd units.
Thc SPONSOR must request exceptions and the F AH grant exceptions as permitted by regulation,
In addition, the COUNTY also has elected to apply the conflict of interest provisions in 24 CFR
92,356(b) - (e) to this project. Thereforc, the award of contracts and thc award of any unit benefits to
covered parties of the SPONSOR are subject to prior disclosure by the SPONSOR and an exception
from the COUNTY as outlined in 24 CFR 92.356(d) - (e),
The SPONSOR warrants and covenants that it presently has no intercst and shall not acquire any
intcrest, dircctly or indircctly, which could conflict in any manner or dcgrcc with the performance of its
services hereunder. The SPONSOR further warrants and covcnants that in the performance of this
Agrccmcnt. no person having such intcrcst shall be employed,
No member or Delegate to the Congress of the United States shall be permitted to any share or part of
this Agreement or any benefit to raisc herefrom, No member, officcr or employce of the COUNTY; or
its designees, or agents; or member of the Board of County Commissioners of the Collicr County; and
no other public official of the COUNTY who exerciscs any functions or rcsponsibilities with respect to
the program during his tenure or for one (I) year thereafter, shall have any interest direct or indirect, in
any contract or subcontract, or thc procceds thcrcoC for work to bc pcrformcd undcr this Agreement.
IX - COUNTY Responsibilities
The COUNTY shall furnish the SPONSOR with the following services and information from existing
COUNTY records and COUNTY files:
A. The COUNTY shall provide to the SPONSOR information regarding its requirements for the
PROJECT.
B, The COUNTY will provide the SPONSOR with any changes in HOME regulations or program
limits that affect the project. including but not limited to incomc limits. property value limits
and rent limits,
SPONSORlSUBRECIPIENT
Page 6 of 17
8 D ...
C. The COUNTY will conduct progress monitoring to protect its interests as lender and regulatory
authority for the project, and will provide information to the SPONSOR regarding any progress
inspections or monitoring to assist it in ensuring compliance.
The COUNTY's review and approval of the WORK will relate only to overall compliance with the
general requirements of this Agreement and HOME regulations, and all COUNTY regulations and
ordinances,
Nothing contained herein shall relieve the SPONSOR of any responsibility as provided under this
Agreement.
x - Equal Emplovment Opportunity
During the performance of this contract, the SPONSOR agrees as follows:
A, The SPONSOR will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origines), The SPONSOR will take affirmative
action to ensure the applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or national origines). Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship. The SPONSOR
agrees to post in conspicuous placcs, available to employees and applicants for employment,
notices to be provided by the contracting officcr ofthe COUNTY setting forth the provisions of
this nondiscrimination clause,
B. The SPONSOR will, in all solicitations or advertisements for employees placed by or on behalf
of thc SPONSOR. statc that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
C. The SPONSOR will send to each labor union or representative of workers with which he has a
collcctive bargaining agrecment or other contract or understanding, a notice to be provided by
the COUNTY's contracting officer, advising the labor union or worker's representative of the
SPONSOR's commitments undcr Section 202 of Executive Order No. 11246 of Septembcr 24,
] 965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employmcnt.
D, The SPONSOR will comply with all provisions of Executive Order 11246 of September 24,
1965. and of the rules. regulations, and relevant orders of the Secretary of Labor.
E, The SPONSOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965. and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to its books, records, and accounts by the COUNTY
and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and order,
SPONSOR/SUB RECIPIENT
Page 7 of 17
8 D 1'.'
-,
F, In the event the SPONSOR is found to be in noncompliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations or orders, this contract may be canceled.
terminated or suspended in whole or in part and the SPONSOR may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, ] 965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 1 ]246 of September 24, 1965 or by rule, regulations, or order of
the Secretary of Labor or as otherwise provided by law.
G, The SPONSOR will include the provisions of paragraphs (a) through (g) of this agreement in
every subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order] ] 246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
SPONSOR will take such action with respect to any subcontract or purchase order as the
COUNTY may direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the SPONSOR becomes involved in, or is
threatened with litigation with a subcontractor or vendor as a result of such dircction by the
COUNTY, the SPONSOR may request the United States to enter into such litigation to protect
the interest of the United States.
XI - Labor, Traininl! & Business Opportunity
The SPONSOR agrees to comply with the federal regulations governing training, employment and
busincss opportunities as follows:
A, It is a/,'I'eed that the WORK to be performed under this Agreement is on a project assisted under
a program providing direct Fcderal financial assistance from thc US Department of Housing
and Urban Development 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 U, as well as any and all
applicable amendments thereto, Section 3 requires that. to the greatest extent feasible.
opportunities for training and employment be given low and modcrate incomc residents of the
project area, and that contracts for work in connection with the project be awarded to business
concerns which are located in. or owncd in substantial part by persons residing in the projcct
area,
B. The SPONSOR shall comply with the provisions of said Section 3 and thc regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Code of
Federal Regulations and all applicable rules and orders of the U.S, Department of Housing and
Urban Development issued thereunder as well as any and all applicable amendments thereto
prior to the execution of this contract as well as during the term of this Agreement. The
SPONSOR certifies and agrees that it is under no contractual or other disability, which would
prevent it from complying with these requircmenls as wcll as any and all applicable
amendments thereto,
C. 'The SPONSOR will include this Section 3 clause in every subcontract for work in connection
with the project and will, at the direction of the COUNTY, take appropriate action pursuant to
SPONSOR/SUBRECIPIENT
Page8ofl7
8 Dlt
the subcontractor upon a finding that the subcontractor is in violation of regulations issued by
the Secretary of Housing and Urban Development, in 24 Code of Federal Regulations. The
SPONSOR will not subcontract with any subcontractor where it has notice or knowledge that
thc lattcr has becn found in violation of rcgulations undcr 24 code of Fcderal Regulations and
will not let any subcontract unless the subcontractor has first provided it with a preliminary
statement of ability to comply with these requirements as well as with any and all applicable
amendments thereto,
D, Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal
Regulations and all applicable rules and orders of Housing and Urban Development issued
thereunder prior to the execution of the contract shall be a condition precedent to federal
financial assistance being provided to the PROJECT as well as a continuing condition, binding
upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill
these requirements shall subject the SPONSOR or recipient, its contractors and subcontractors,
its successors, and assigns to those sanctions specified by 24 Code of Federal Regulations as
well as with any and all applicablc amcndments thereto.
XII - ComDliance with Federal, State & Local Laws
The SPONSOR covenants and warrants that it will comply with all applicable laws, ordinances, codes,
rules and regulations ofthc statc local and fedcral governments, and all amendments thereto, including,
but not limited to; Title 8 of the Civil Rights Act of 1968 PL.90-284; Executive Order 11063 on Equal
Opportunity and Housing Section 3 of the Hou..~ing and Urban Development Act of 968; Housing and
Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the
HOME INVESTMENT PARTNERSHIPS PROGRAM, The SPONSOR covenants and warrants that
it will indemnify and hold the County forever free and harmless with respect to any and all damages
whether directly or indirectly arising out of the provisions and maintenance of this contract.
The SPONSOR agrees to comply with all applicable standards, orders, or requirements issued under
scction 306 of the Clean Air Act (42 U,S,C. I 857(h)), section 508 of the Clean Water Act (33 U.S,C.
1368). Executivc Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
The SPONSOR further warrants and agrees to include or cause to be included the criteria and
requircments of this scction in cvery non-cxempt subcontract in excess of $100,000. The SPONSOR
also agrees to take such action as the federal, state or local government may direct to enforce aforesaid
proVISIOns.
As provided in F,S, 287.]33 by entering into this Agreement or performing any work in furtherance
hercof, the SPONSOR certifics 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 Managemcnt Services within the 36 months immediately preceding the date
hereof. This notice is requircd by F,S, 287,133 (3)(a).
SPONSOR/SUB RECIPIENT
Page9of17
XIII - Suspension & Termination
8 D
~
In accordance with 24 CFR 85.43, suspension or termination may occur if the SPONSOR materially
fails to comply with any term of the award, and that thc award may be tcrminated for convenicnce in
accordance with 24 CFR 85,44.
If, through any cause, the SPONSOR shall fail to fulfill in timely and proper manner its obligations
under this contract, or if the SPONSOR shall violate any of the covenants, agrecments, or stipulations
of this contract, the COUNTY shall thereupon have the right to terminate this contract by giving
written notice to the SPONSOR of such termination and specifYing the effective date thereof, at least
five (5) days before the effective date of such termination, In such event, the SPONSOR shall be
entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to
the date of said termination, Notwithstanding the above, the SPONSOR 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 SPONSOR and the COUNTY may withhold any payments to the SPONSOR for the
purpose of setoff until such time as the exact amount of damages due thc COUNTY from the
SPONSOR is determined whether by court of competent jurisdiction or othcrwise,
XIV - Termination for Convenience of the COUNTY
The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30)
days noticc in writing to the SPONSOR. If the contract is terminated by the COUNTY, as provided
herein, the County will reimburse for any actual and approved expenses incurred, including those costs
involved in tcrminating the contracts and shutting down the work as of the date of noticc, and the
SPONSOR will be paid as a FEE an amount which bears the same ratio to the total compensation as
thc scrvices actually performed bear to the total service of the SPONSOR covered by this contract, less
payments of compensation previously made, Claims and disputes between the Parties will be
submitted to the American Arbitration Association for resolution, Award or judgmcnt may bc cntcred
in any court having jurisdiction thereof.
XV - Default-Loss of Grant Funds
If the SPONSOR fails in any manner to fully perform and carry out any of the terms, covenants, and
conditions of the agreement, and more particularly ifthc SPONSOR rcfuscs or fails to proceed with the
work with such diligence as will insure its completion within the time set forth in this Agreement, the
SPONSOR shall be in default and noticc in writing shall be given to the SPONSOR of such default by
the COUNTY or an agent of the COUNTY. If the SPONSOR fails to cure such default within such
timc as may be required by such noticc, the COUNTY, acting by and through the F AH, may at its
option terminate and cancel the Agreement.
In the event of such termination, all grant funds awarded to the SPONSOR pursuant to this Agreement
shaH be immediately revoked and any approvals related to the PROJECT shall immediately be deemed
revoked and cancel cd, In such event. the SPONSOR will no longer be entitled to receive any
SPONSORlSUBRECIPIENT
Page 10 of 17
8 01'
compensation for work undertaken after the date of the termination of this Agreement, as the grant
funds will no longer be available for this project.
Such termination shall not effect or terminate any of the rights of the COUNTY as against the
SPONSOR then existing, or which may thereafter accrue because of such default, and the foregoing
provision shall be in addition to all other rights and remedies available to the COUNTY under the law
and the note and mortgage (if in effect), including but not limited to compelling the SPONSOR to
complete the project in accordance with the terms of this Agreement, in a court of equity,
The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant, or condition hereof.
XVI - Reportine Responsibilities
The SPONSOR agrees to submit any and all detailed monthly progress reports required by the
Financial Administration and Housing Department (F AH) outlining the status of specific activities
under the project. Each report must account for the total activity for which the SPONSOR is
reimbursed with HOME funds, in part or in whole, and which is required in fulfillment of their
obligation regarding the project. The progress reports should be mainly in the form of a narrative, and
shall be used as an additional basis for F AH approval of invoice, etc. for reimbursement. The form
must be completed for the past month and submitted to FAH staff by the loth of the following month,
The F AH will send the SPONSOR one reminder notice if the monthly report has not been received
fourteen (14) days aftcr the due date. If the SPONSOR has not submitted a report fourteen (14) days
after the date on the reminder notice, the COUNTY will have the option to terminate the contract as
dcscribed in this Agrecmcnt. In addition, thc SPONSOR agrees to provide the F AH information as
required to determine program eligibility, in meeting national objectives, and financial records
pertinent to the project. Additional reporting requirements are included as A IT ACHMENT A.
XVII - Inspection, Monitorine & Access to Records
The COUNTY reserves the right to inspect, monitors, and observe work and services performed by the
SPONSOR at any and all reasonable times,
The COUNTY reserves the right to audit the records of the SPONSOR any time during the
performance of this Agreement and for a period of five years after final payment is made under this
Agreement,
If required, the SPONSOR will provide the FAH with a certified audit of the SPONSOR's records
representing the Fiscal Year during which the PROJECT becomes complete whenever the amount
listed in SECTION VIl is at or exceeds $300,000, pursuant to the requirements of OMB Circular A-
133,
SPONSOR/SUB RECIPIENT
Page I ] of 17
'8 DI.
Access shall be immediately granted to the COUNTY, HUD, the Comptroller General of the United
States, or any of their duly authorized representatives to any books, documents, papers, and records of
the SPONSOR or its contractors which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions,
XIll - General Conditions
A. All notices required to be given under this Agreement shall be sufficient when delivered to
F AH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida
34104, and to the SPONSOR when delivered to its office at the address listed on page one (I)
of this Agreement.
B. Title and paragraph headings are for convenient reference and are not a part of this Agreement.
C, In the event of conflict between the terms of this Agreement and any terms or conditions
contained in any attached documents, the terms in this Agreement shall rule,
D, No waiver or breach of any provision of this Agreement shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
E, The Parties hereto agree that this Agreement shall be construed and enforced according to the
laws of the State of Florida,
F, Should any provisions, paragraphs, sentences, words or phases contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or the Collier County, such provisions, paragraphs,
sentcnces, words or phrases shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable to conform with such laws, then same shall be
deemed severable, and in either event., the remaining terms and provisions of this Agreement
shall remain unmodified and in full force and effect.
G, The SPONSOR shall comply with the provisions of the Copeland Anti-Kick-Back Act (18
U.S.C. 874) as supplemented in the Labor Regulations (29 CFR Part 3), as amended.
H. The SPONSOR shall comply with the provisions of sections] 03 and 107 of the Contract Work
Hours and Safety Standard Act (40 U,S,C, 327-330) as supplemented by Labor regulations (29
CFR, Part 5), as amended,
1. The SPONSOR further warrants and agrees to include or cause to be included the criteria and
requirements of paragraphs (G) through (H) of this section in every nonexempt subcontract.
The SPONSOR also agrees to take such action as the federal, state or local government may
direct to enforce aforesaid provisions.
J, The obligations undertaken by SPONSOR pursuant to this Agreement shall not be delegated or
SPONSOR/SUB RECIPIENT
Page ]2 ofl?
8 a,.
assigned to any other person or agency unless COUNTY shall first consent to the performance
or assignment of such service or any part thereof by another person or agency,
K, The Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representative, successors and assigns,
L. SPONSOR shall indemnifY and save COUNTY harmless from and against any negligent
claims, liabilities, losses and causes of action which may arise out of SPONSOR's activities
under this Agreement, including all other acts or omissions to act on the part of SPONSOR,
including any person acting for or on its behalf, and, from and against any orders, judgments, or
decrees which may be entered and from and against all costs, attorneys fees, expenses and
liabilities incurred in the defense of any such claims, or in the investigation thereof.
M, SPONSOR and its employees and agents shall be deemed to be independent contractors, and
not agents or employees of the COUNTY, and shall not attain any rights or benefits under the
civil service or pension ordinances of the COUNTY, or any rights generally afforded classified
or unclassified employee; further they shall not be deemed entitled to state Compensation
benefits as an employee of the COUNTY.
N, Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to lack of
funds. or authorization, reduction of funds, and/or change in regulations.
SPONSOR/SUBRECIPIENT
Page 13 of 17
8 DI.
ENTIRE UNDERSTANDING
This Agreement and its provisions merge. any prior agreements, if any, between the parties hereto and
constitutes the entire understanding, The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this
day of
,20
SPONSOR/SUBRECIPIENT
(SUBRECIPIENT SEAL)
(Optional)
BY:
EXECUTIVE DIRECTOR
ATTEST:
DWIGHT E. BROCK, CLERK
DATE:
By:
Deputy Clerk
COLLIER COUNTY. FLORIDA
Patrick G. White
Assistant County Attorney
BY:
JOSEPH K, SCHMITT, ADMINISTRATOR,
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES
SPONSOR/SUBRECIPIENT
Page 14 of]?
8 D,-
"ATTACHMENT A"
HOME MONTHLY PROGRESS REPORT
Complete form for past montil ond submit to F AH stuff by tile lOb of tile following montil.
Status Report for Month of
Submittal Date:
Project Name
Project Number
Activity Number
Sponsor:
Contact Pernon
Telepbone:
Fax:
E-mail:
1. Activity StatuslMilestones (describe any action taken, relating to this project, during the past month):
2. Wbat events/actinns are scbeduled for tbe next twn mnnths?
3. Describe any affirmative marketing you bave implemented regarding tbis project. Please list and attacb
any recent media coverage of your organization relating to tbis project.
4. List any additional data relevant to tbe outcome measures listed on tbe application for tbis project.
5. Wbat events/actions are scbeduled for tbe nut two montbs?
SPONSOR/SUBRECIPJENT
Page 15 ofJ7
8 a,.
6. Describe any affirmative marketing you bave implemented regarding Ibis project. Please list aud attacb
any recent media coverage of your organizatiou relating to Ibis project.
7. List any additioual data relevant to tbe outcome measures listed on tbe application for tbis project.
8. New leases executed Ibis month (if applicable):
Name of Applicant
Security Deposit
Utility Deposit
For projects that serve a particular clientele. please complete the following infonnation 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:
TOTAL BENEFl:CDUUEs
This project benefits bousebolds or persons. Please circle one category (either "households" or "persons"),
Enter the number afbeneficiaries in the blank space and in box "1."
l:NCOME
Of the households or persons assisted, are extremely low-income income (0-30"10) of the current Median
Family Income (MFI). Enter Ihis number in box "2, "
Of the households or persons assisted,
(MFI). Enter Ihis number in box "], "
Of these households or persons assisted,
(MFI), Enter Ihis number in box "4, "
are very low.income (31-50%) of the current Median Family Income
are low income (51-80%) of the current Median Family Income
NOTE: The lotal of boxes 2, ] and 4 should equal the number in box 1.
SPONSORlSUBRECIPIENT
Page 16 ofl7
I' 8 D
I!'ENALE BEAD OF HOUSEHOLD
This project assisted
below.
Female Head or'Households REGARDLESS of income. Enter this number in box "5"
BOX 1 BOX 2 BOX 3 BOX 4 BOX 5
Total Number of Extremely Very Low Income Female Head of Household
Housebolds or Persons Low Income Low Income (51-80'/0)
Assisted (0-30%) (31-50'/.)
Svonsor must indicate total beneficiaries (or 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, Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand, and Vietnam,
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and
South America (including Central America), and who maintains tribal affiliation or community attachment.
S, 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 Etbnicity:
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 oCRace and Ethnicitv Beneficiaries
Race It 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 Black! African American
Other Multi-Racial
TOTAL:
SPONSOR/SUBRECIPIENT
Page 17 of 17
8 Q 35-"
ApPLICATION
Federal Standard Form Number 424 is the basic form that all applicants utilize to apply for federal
funding.
The tollowing pages represent the SF 424 tor each of the three (3) HUD funded programs Collier
County is eligible to apply tor and receive, which are Community Development Block Grant
(CDBG), Home Investment Partnerships Program (HOME), and Emergency Shelter Grant (ESG),
Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County, Florida
80
MEMORANDUM
Date: June 27, 2005
To: Susan Golden, State Grants Admin, Mgr.
Financial Administration and Housing
From: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re: Application for Federal Assistance - Revised
Enclosed please find a revised original Application for Federal Assistance
(Agenda Item #8D) approved by the Board of County Commissioners on
Tuesday, April 12, 2005.
A copy has been retained in the Minutes and Records Department.
If you should have any questions, please call me at 774-8411.
Thank you,
Enclosures
80
COLLIER COUNTY
Financial Ad,ininistration and Housing
Memo
TO:
FROM:
SUBJECT:
DATE:
Ms. Sue Filson, Executive Manager
Susan Golden, Grants Administration Manager ~
Revised document requiring new signature
June 27, 2005
On April 12, 2005 the Board adopted Resolution 2005-157 and authorized
Chairman Coyle to sign the necessary federal certifications and required SF424's
for the submittal of the County's One-Year Action Plan to HUD. That document
was submitted to HUD in early May.
In mid-June, we received a phone call from HUD regarding two scrivener's errors
on one document. HUD instructed our office to separate the HOME funding on
an SF424 into HOME and ADDI allocations. The amount of the funding the
County will receive remains the same at $791,020. In addition, they identified
an error in the Applicant Identifier number.
These two scrivener's errors have been corrected and Assistant County Attorney
Patrick White has reviewed these corrections.
Please have Chairman Coyle resign the revised form and forward to the Clerk of
Courts office for them to attest. Please ask the Clerk's office to return the
original to me. HUD has requested that we make these two corrections as soon
as possible in order for them to enter into new grant agreements with Collier
County in July 2005.
If you, or any other member of staff should have any questions or need
additional information please contact me at 213-2901.
Thank you for your assistance.
:~. .........
8D
ITEM NO,:
'~~'JI
DATE RECEIVED:
FILE NO. 0 ~_ r .4f1- ~O?~
C
05 JUN 2 f PK 12: :rS
ROUTED TO:
CDES,
(Division)
FAH
(Department)
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type nr print)
Date: 6/21/05 office of the County Attorney, Attn: Patrick White
From: Susan Golden,
(Name)
Federal/State Grants Administration
(Title)
Telephone # (Verv Important): 213-2901
Re: Need to resubmit one federal form (FS 424) to HUD due to scrivener's error
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information _ be sDecific. concise, and articulate.)
BCC approved the HUD One-Year Action Plan on April 12, 2005 via Resolution 2005-157.
HUD has requested two minor changes due to scrivener's error.
Copy of the original w/handwritten corrections attached. New SF424 needs signatures
NO SUBSTANTIAL CHANGES only minor adjustments
(Are there documents or other information needed to review this matter? If yes, attach and reference this information.)
This item has/has not been previously submitted.
(If previously submitted provide County Attorney's Office File No.)
Yes, RLS 05-FAH-00075
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
I, Need PW stamp and signature "as to form & legal sufficiency" and resubmit for
Chairman Coyle's signature and recording by Clerk of Courts
OTHER COMMENTS: Please stamp and sign as soon as possible. Document currently
under review by HUD. Need corrections for new grant year (7/1105)
,
,:
I'
Ii
I:
I:
'i
t
80
RESOLUTION NO. 2005-...!22,
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLUER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2005-2006
COLLIER COUNTY CONSOLIDATED PLAN ONE.YEAR ACTION PLAN FOR
$3,524,802 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY
SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD
CERTIFICATIONS, APPROVING EXECUTION OF SUB-RECIPIENT
AGREEMENTS BY CDES DIVISION ADMINISTRATOR, AND TRANSMIITAL
TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (BUD), AND PROVIDING FOR AN EFFECI'IVE DATE.
WHEREAS, the United States Department of Housing and Urban Development
(hereinafter HUD) in 24 C,F,R, 91 requires a Consolidated Plan One-Year Action Plan to be
developed to represent a submission for planning and funding for Community Development
Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant
(ESG) Programs;
WHEREAS, the overall goal of the community planning and development programs
I covered by this plan is to develop viable communities by providing decent, affordable housing, a
suitable living environment and expandiItg~omic_ OPPortunities principally for low and
1-
I
I
moderate-income persons; and
WHEREAS, the Fiscal Year 2005-2006 Consolidated Plan One-Year Action Plan was
developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted
January 9, 2001; and
WHEREAS, the IT 2005-2006 Consolidated Plan One-Year Action Plan will serve as:
I a planning document for Collier County, and an application for federal funds under the U, S,
Department of Housing and Urban Development (ffiJD) formula grant programs, a strategy to be
I
I
I
I
I
I
followed in canying out the ffiJD programs, and an action plan that provides a basis for
-
assessing perfonnances;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
I.
The Board of County Commissioners of Collier County approves the Fiscal
Year 2005-2006 Consolidated Plan One-Year Action Plan for the CDBG,
HOME and ESG Programs, which is attached and incorporated herein by
reference, and authorizes the Department of Financial Administration and
Housing (FAH) to transmit the Plan to the proper funding authority and take
Page of 3 _~_. .____~.H.
APPLICA TION FOR
FEDERAL ASSISTANCE
,SD
Pre-application
2. DATE SUBMITTED
May 9, 2005
3, DATE RECEIVED BY STATE
Applicant Identifier
M-05-UC-120217
State Application Identifier
Version 7/03
n Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
on-Con etl n
Collier County Board of County Commissioners
Organizational DUNS:
076997790
Address:
Street
Or anizatlonal Unit:
Department:
Financial Administration and Housing
Division:
Community Development and Environmental Services
Name and telephone number of person to be contacted on matters
involving this application ( Ive area code)
Prefix: First Name:
Ms. Susan
Middle Name
Matthews
last Name
Golden
Suffix:
2800 North Horseshoe Drive
City:
Naples
County:
Collier
State: lip Code
Florida 34104
Country:
United States
6, EMPLOYER IDENTIFICATION NUMBER (E/N):
Email:
susangoJden@colliergov.net
Phone Number (give area code)
Fax Number (give area code)
@]l2J-@]@][Q][Q]@]@]@]
8, TYPE OF APPLICATION:
f/ New rn Continuation
If Revision, enter appropriate letter(s) in box(es)
(See back of form for description of letters.)
(239) 213-2901
7, TYPE OF APPLICANT:
(239) 403-2331
(See back of form for Application Types)
11 Revision
Other (specify)
o
o
B. County
ther (specify)
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER:
9, NAME OF FEDERAL AGENCY:
U.S. Department of Housing & Urban Development
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
TITLE (Name of Program);
HOME Investment P-artnership Program
12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, elc.):
Collier County, Florida
13, PROPOSED PROJECT
Start Date;
07/01/2005
15, ESTIMATED FUNDING:
rD8]-[]f2]l2J
Housing activities including CHDO assistance, housing rehabilitation,
downpayment assistance, T8RA, and new housing construction
initiatives.
e. Other
(ADDI)
f. Program Income
28,800 .
14, CONGRESSIONAL DISTRICTS OF:
a. Applicant b. Project
14&25 14&25
16,IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
RDER 1237 PRO E ?
a. Yes. 0 :~~&~i~P:~I~~;'~T~~~~~~~~~~t~~D~~D1~372
PROCESS FOR REVIEW ON
DATE:
b. No. YJ PROGRAM IS NOT COVERED BY E. O. 12372
o OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FORR I W
17,IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
Ending Date;
06/30/2005
a. Federal
(HOMEl
b. Applicant
c. State
762,220 .
d. Local
$
g. TOTAL 791,020 . 0 Yes If uYes" attach an explanation. ~ No
18, TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLlCATIDN ARE TRUE AND CORRECT, THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
TTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED,
a. Au ri d Re ive
P{J/!x
First Name
Fred
Last Name
Coyle
b. Title
Chairman, Collier County Board of County
. Signature of Authorized Representative
Aeeletsnt County Attorney
",CCT~' , ~ ~: Standard Form 424 (Rev.9-2003)
~:.~ ,,~,:::,; '8'- K: ~E~Cribed bv OMS Circular A-102
IDtl'Gtn;'E.,:. ~ _ ~
~ .;'~..~ .':r' '''::''>--,)l'~' :"_:
- '7 '. -'~j--_j'"/i' .. ~ _
~ \'.- ,'." -\ ,,1\;
.. (IJ-C,...
fit' II t4l Cbi f""n'
___., ..____,Sla~~t~~..=h_ S
APPlICATION FOR
FEDERAL ASSISTANCE
KPo::I]7/03
2, DATE SUBMITTED
May 9, 2005
3, DATE RECEIVED BY STATE
Pre~appljcation
o Construction
na n I
€
, 4. DATE RECEIVED BY FEDERAL AGENCY
I
, Federal Identifier
!
Collier County Board of County Commissioners
Organizational DUNS:
076997790
Address:
Streat:
2800 N. Horseshoe Drive, Suite 400
City:
Naples
Counly:
Collier
Stata Zip Code
Florida 34104
Count!Y:
United States
6. EMPLOYER IDENTIFICATION NUMBER (E/N):
~w-@] 0 IQ]IQ]@]@]@]
8, TYPE OF APPLICATION:
!V" New rn Continuation
If Revision, enter appropriate letter(s) in box(es)
See back of form for description of letters.)
Ir Revision
Other (specify)
o
o
10, CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER:
ITJ8J-[J@J~
ITL~ (Name of P'09r~m): '- \) I '.
01-'\1:. \l')~~"-nl n)..\"t'l'>lLV I-B' .'tC"",-
12. AREAS AFFECTED BY PROJECT (Cities, Countf s, States. ete.):
Coller County, Florida
13. PROPOSED PROJECT
Start Date:
07/01/2005
15. ESTIMATED FUNDING:
Ending Date:
06/30/2006
a. Federall}\ Ok t::
b. Applicant
c. State
Ib
~~791,020 .
$
d. local
..
-nwn
a,Other
;)..g 00
o anlutlonal Unit:
Department:
Financial Administration and Housing
Olvislon:
Community Development and Environmental Services
Name and telephone number of person to be contacted on matters
Involvfn this application lYe area code
PrefIX: First Name:
Ms. Susan
MJddle Name
Matthews
last Name
Golden
Suffix:
Email;
susangokten@colliergov.net
Phone Number (give area code)
Fax Number (give area code)
(239) 213.2901 (239) 403.2331
7, TYPE OF APPLICANT: (See back of form fa, Application Types)
B
the, (specify)
9, NAME OF FEDERAL AGENCY:
11, DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
Housing act-i-vities including CHDO assistance, housing rehabilitation,
downpayment assistance, TBRA, and new housing construction
initiatives.
14. CONGRESSIONAL DISTRICTS OF:
a. Applicant b. Project
14&25 14&25
16, IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
R R 1 2PR 7
a. Yes. 0 r~~&'~i~P;~'i~:~~~~~~~~~~~:~D~D1~372
PROCESS FOR REVIEW ON
DATE:
b. No. W1 PROGRAM IS NOT COVERED BY E. O. 123724
n OR PROGRAM HAS NOT BEEN SELECTED BY STATE
F I
17, IS THE APPLICANT DEUNQUENT ON ANY FEDERAL DEBT?
9, TOTAL 791,020' 0 Yes If 'Yes' attach an explanetion. I!ZJ No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATlON ARE TRUE AND CORRECT, THE
OCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
TTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED,
Iv
'!.\Flix
Last Name
Coyle
. TIUa
Chairman, Collier County Board of County Commissioners
. S . "ftfmFMnirt~
First Name
Fred
"'-::~':"~::<':">""
Middle Name
W.
uflix
-Iiiit",,~!'
:' ~i' .~,' .. "1 .
t;l~.:_.~ Ii r.a<J~:
-------
"
-~ST,'.-. ,.;..
~.a~l~i.~.,BROc~f
.>"~. .'"
- - '," .
. '.'
'. .'
,0
Standard Form 424 (Rev.9.2003)
Prescribed bv OMS Circular A~ 1 02
Assle ellt County Attomer
Oc
-' "_"O__ft'~_"ft______,_,__"__,,_,,,,_,,___~,
:~
8 D
'1
APPLICATION FOR
FEDERAL ASSISTANCE
Pre-application
~ Construction
[i Non-Construct1~n
2, DATE SUBMITTED
May 9. 2005 ~_._
3. DATE RECEIVED BY STATE
~p. plicant Identifier
B~05~UC~120016
---,.----- StateApPJication Identifier
Version 7/03
1, TYPE OF SUBMISSION:
Application
'- Construction
121 _ Non-Construction
5:APP-Lic~ANT I"'FORMA TION
_I
4:DA TEREC'EIVED BY' FEDERAL AGENCY- -'Federal- fdenlTfier--
Legal Name: Organizational Unit: I
Collier County Board of County Commissioners Department: I
Financial Administration and Housing
or~aniZaliorlaJDrJNS': Division: I
07 997790 Community Development and Environmental ServIces
Address: Name and telephone number of person to be contacted on matters !
Street: involving this application (give area code) J
2800 N. Horseshoe Drive, Suite 400 Prefix: First Name:
Ms. Susan
-----.- .- _._---~,,-- ----~-_._--._--.- ~-
City:
Naples
._n_______
County:
Collier
Middle Name
Matthews
------~stName----- --
Golden
-"--------------- ---------
Suffix:-----. - ----- --------------------- -----.-
State: J Zip Code
Florida 34104
Country: Email:
United States susangolden@colliergov.net
6. EMPLOYER IDENTIFICATION NUMBER (EIN) Phone Number (give area code) I ~ax Number (9"e area OOde)
~@J-!6lIOlIQ![j@J@J[] (239) 213~2901 (239) 403~2331
8. TYPE OF APPLICATION: 7, TYPE OF APPLICANT: (See back of form for Application Types)
'v New ~. Continuation - Revision
I B
If Revision. enter appropriate letler(s) in box(es)
(see back of form for description of letters) D Other (specify)
L-"
Other (specify) 9, NAME OF FEDERAL AGENCY:
U.S. Department of Housing & Urban Development
! 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11, DESCRtPTIVE TtTLE OF APPLICANT'S PROJECT:
i .1141-2]lBJ Neighborhood improvements including affordable housing developmE:nt, I
I TITLE {Name of Program): land acquisition and infrastructure, senior citizens center, health care
Community Development Block Grant (CDBG) Entitlement services. housing rehabilitation, job creation. expansion of HMIS and
other services to benefit very low and low income individualr. and
12. AREAS AFFECTED BY PROJECT (Cities. Counties. States. etc.): neighborhoods throughout Collier County.
Collier County, Florida
13. PROPOSED PROJECT 14, CONGRESSIONAL DISTRtCTS OF,
Start Date' I ~nding Date: a, Applicant I b. Project :
07/01/2005 06/30/2006 14 & 25 14 & 25 I
15, ESTtMA TED FUNOING: 16,IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE i
ORDER 12372 PROCESS?
a_ Federal ." THIS PREAPPLlCATION/APPLlCATION WAS MADE I
2.637.663 a, Yes. - AVAILABLE TO THE STATE EXECUTIVE OROER 12372
b, Applicant $ PROCESS FOR REVIEW ON
c. State $ DATE.
d. Local ~ b. No. T PROGRAM IS NOT COVERED BY E. 0.12372
e. Other f' .~ ~ OR PROGRAM HAS NOT BEEN SELECTED BY STATE
' ,
- FOR REVIEW
f. Program Income $ ." 17. IS THE APPLICANT OELlNQUENT ON ANY FEDERAL DEBT? I
9 TOTAL ~ 2.637.663 r Yes If "Yes" attach an explanation. ...J No I
18, TO THE BEST OF MY KNOWLEOGE ANO BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPlICATION ARE TRUE AND CORRECT. THE I
OOCUMENT H SB Y THORI DBYT OV I F H AP L A T AND THE APPlI A WL COMPLY WITH THE
A EEN DUL AU ZE HE G ERN NG BODY 0
TTACHED ASSURANCES tF THE ASSISTANCE IS AWAROED.
a. A thoriz d Re resen ative
fAr~fix
T E
PIC N
C NT I L
First Name
Fred
Last Name
Coyle
b. Title
Chairman Collier County Board of County Com
r- Si9~~ture of AuthOrized Representative
Pre"o ~ift..... 0
AUlh6r~zed f~r LO.cal R, ~"tl8ri" Q legal Sur-l'
~ .,vt45J
~
.~d' <,
Middle Name
W
Suffix
ers
~W,
A . .
-1- DW~GHTE. OGK,ClERK
~\'.rLA~~J "'~~{
, y!.~sp~ l\I.M.an'"
- ,-._,__.. .,}..., l..u'~l~L.
. Telephone Number (give area code)
239 774~8097
. Date Signed
Standard Form 424 (Rev,9-2003)
Prescribed bv OMB Circular A-102
-''''''C/'.-o'>''''I''' "--'<I
,'-" '- \~, - ,"t, "'~fJ,.J '-......
'.~. "-"\..i{:.;Il~V:-i::'iC>~?
APPLlCA TION FOR
FEDERAL ASSISTANCE
8 D {'III
1. TYPE OF SUBMISSION:
Application
C Construction
f2J Non-Construction
.S:APPLlCANfTN-FORMATION
2, DATE SUBMITTED
May 9. 2005
3, DATE RECEIVED BY STATE
Applicant Identifier
M.05-UC-120017
I State Application Identifier
Version 7/03
Legal Name: Organizational Unit:
Collier County Board of County Commissioners Department:
Financial Administration and Housing
Or~aniZational DUNS: Division:
07 997790 Community Development and Environmental Services
Address: Name and telephone number of person to be contacted on matters
Street: Involving this application (give area code)
2800 N. Horseshoe Drive, Suite 400 Prefix: I First Name:
Ms. I Susan i
-,._-~._-'---~----.
City: Middle Name
Pre-application
F' Construction 4, DATE RECEIVED BY FEDERAL AGENCY ,Federalldenlifier
C NQD-CQnstrm:Jion.___
Naples
County-:--
Collier
State: I Zip Code
Florida I 34104
Country:
United States
6, EMPLOYER IDENTIFICATION NUMBER (EIN)
I Matthews
, Last Name
Golden
Suffix:
@]L~H~j@]iQJ!olI5l~@J
8. TYPE OF APPLICATION:
V New n-I Continuation
If Revision, enter appropriate letter{s) in box(es)
See back of form for description. of letters,)
Email:
susangolden@colliergov.net
Phone Number (give area COde)
/Fax Number (give area code)
(239) 403-2331
(See back of form for Application Types)
Other (specify)
D
D
(239) 213-2901
7, TYPE OF APPLICANT:
B
uther (Specify)
9. NAME OF FEDERAL AGENCY:
r Revision
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER:
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
Housing activities including CHDO assistance, housing rehabilitation,
downpayment assistance, TBRA, and new housing construction
initiatives.
lD8J-[JQJ~
HTLE; (Name of Progr.mj: l.. \'\ I . ,. l\
!,,\CM\::.. \.....v~'""""-(\' r-''-I''"t'l'''.'o.,,-J) t'.,o"-\<t1.,,,,-
12. AREAS AFFECTED BY PROJECT (Cities, Counti~s. States,late.):
Cotter County, Florida
13. PROPOSED PROJECT
Start Date:
07/01/2005
15, ESTIMATED FUNDING:
a. Federal
~
$
791,020
14, CONGRESSIONAL DISTRICTS OF:
a. Applicant I b. Project
14 & 25 114 & 25
16, IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
bRDER12372PROCESS?
o THIS PREAPPLlCA TION/APPlICA TION WAS MADE
a. Yes. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON
lEnding Date:
06/30/2006
b, Applicant
c. State
DATE:
d. Local
e. Other
$
b. No. '7J PROGRAM IS NOT COVERED BY E. O. 12372
o OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
17, IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
1. Program Income
f'
g. TOTAL ~ 791 020 0 Yes If "Yes" attach an explanation. i07J No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE
.DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
~TTACHED ASSURANCES IF THE ASSISTANCE fS AWARDED,
i a. Authorized R r n tjve
PM refix I first Name
r. ,Fred
Last Name
Coyle
b. Title
Chairman. Collier County Board of County Commissioners
~. s~!'.~r"i!ji~I'f{I'Mnl!lir~QI ~ .
Prevk>us Edition Usablej
Auth~~~:~\fttlWl
,'~:f~::~:::n~ :~'-)L!;'it0f ,-~~c:,~
","';""'1""'"
", 'I!':: ';,...,'1. I",
Middle Name
W.
p:iuffix
.~<, .,;.~~:>,~:u~.'.:'~;-;_'_".
'1,.'t.jJ C';:V' ~~ .
"ATTEST: '~""';,~F ~
.~. 'QWIGijI E. BROGK;:. RK
~":'~".'~~O(.
-~t~'~.,
._>.s1rl.)ttLl~. n.Dl.JC'~N"
. Te1~phone Number (give area Code)
2391 774-8097 .
Date Signed
Standard Form 424 (Rev.g.2003)
Prescribed bv OMS Circular A-102
8 D II.
APPLlCA nON FOR
FEDERAL ASSISTANCE
2, DATE SUBMITTED
May 9, 2005
3, DATE RECEIVED BY STATE
Applicant Identifier
S05-UC-12-0024
StaleApp~caliorildenlifjer'--' - ---
Version 7/03
1, TYPE OF SUBMISSION:
Application Pre-application
','-~ Construction [] Construction
IZI_~_on-Construct!on rr Non-Construction
5 APPLICANT INFORMATION
4. OATERECEIVED BY FEDERAl AGENCV-Federalldentmer -
Legal Name: Organizational Unit:
Collier County Board of County Commissioners Department:
Financial Administration and Housing
Or~anjzaliCnal DUNS Division:
07 997790 Community Development and Environmental Services
Address: Name and telephone number of person to be contacted on matters
Street: involving this application (give area code)
2800 N. Horseshoe Drive, Suite 400 Prefix: First Name:
Ms. Susan
- --- ---...-------.----.-----.. ----
-'--"--..---..--- ---..__._~-"--_.__.__.~
CIty:
! Naples
County:
I Collier
! Middle Name
i Matthews
Last Name~-----
; Golden
I Zip Code Suffix:------..- -----------.----.-.--.--....---...--
Stale:
Florida 34104
Country: Email'
United States susangolden@colliergov_net
6. EMPLOYER IDENTIFICATION NUMBER (E/N)' Phone Number (give area code) I Fax Number (give are, code)
@J[9J-!6i @J ~ LDJ iII iII@] (239) 213-2901 (239) 403-2331
8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types)
'7 New r-i Continuation - Revision
If Revision, enter appropriate letter(s) in box(es) B
(See back of form for description of letters.) 0 0 Other (specify)
Other (specify) 9. NAME OF FEDERAL AGENCY:
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
[2]L4J-[1}][iJ To provide support to emergency shelter providers in their efforts to
T~E (Name of Program): . ~........ ~. serve individuals and families who are homeless through the delivery of
- \\",,-(\2,\<::'-4 S~le\' - (9''0\1 essential services and to maintain and operate facilities serving the
12. AREAS A'FFECTED BY PROJECT (Cilias. Counties. States, ete) homeless population.
CoUer County, Florida
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF:
Start Date: I Ending Date; a. Applicant I b. Project
07/01/2005 06/30/2006 14 & 25 14 & 25
15. ESTIMATED FUNDING: 16,IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE I
ORDER 12372 PROCESS?
a_ Federal ~ "" a. Yes. :"J THIS PREAPPLlCA TION/APPLlCA TION WAS MADE I
96.119 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 I
b. Applicant ~ ," PROCESS FOR REVIEW ON
c. State ," DATE
d. Local .'0 b. No. T PROGRAM IS NOT COVERED BY E. O. 12372
e. Other ." F OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
f. Program Income $ " 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
9 TOTAL $ ." C Yes If ~Yes" attach an explanation. 7i No
96,119
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLlCATION ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
TTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
::I. A thoriz d ReDre~nlative
~7.fjx I First Name Middle Name
Fred W.
Last Name FSuffix j
Coyle "': '.
jb. Title "," , I . . Telephone Number (give area code) i
Chairman, Collier County Board of County Com~ers ~.' 0". ..'.' , (239) 774-8097
~. Signature of Authorized Representative ~ tSI' .kO~.' . Date Signed
pre"~~'l~ ~ ~., I I owiG'tH /:, sR1iCK~CLERK Standard Form 424 (Rev.9~2003)
Auth r~ed f r Local of u ego 3!JfflfJd&nc~ Prescribed bv OMS Circular A.102
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8 01.
- 75 -
6.0 CERTlFICA TlONS
The following certifications are included as required by the Title 24 Housing and Urban
Development/24 CFR 91.225,
Consolidated Plan One-Year Action Plan FY 2005-2006
CoWer County, Florida
8 aj~
Certifications
In accordance with the applicable statutes and the regulations governing the consolidated plan
regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing,
which means it will conduct an analysis of impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments identified through
that analysis, and maintain records reflecting that analysis and actions in this regard,
Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following
a residential antidisplacement and relocation assistance plan required under section 104(d) of the
Housing and Community Development Act of 1974, as amended, in connection with any activity
assisted with funding under the CDSG or HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug-tree workplace by:
I, Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2, Establishing an ongoing drug-free awareness program to inform employees about _
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace;
3, Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph I;
4, Notifying the employee in the statement required by paragraph I that, as a condition of
employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) NotifY the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
5, Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such
conviction, Employers of convicted employees must provide notice, including position title,
Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County, Florida
8 D_~~
to every grant officer or other designee on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such
notices, Notice shall include the identification number(s) of each affected grant;
6, Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted-
(a) Taking appropriate personnel action against such an employee, up to and including tennination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
7, Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1,2,3,4,5 and 6,
Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief:
I, No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2, If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it
will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
3, It will require that the language of paragraph I and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly,
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as
applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it
is seeking funding, in accordance with applicable HUD regulations,
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and
HOPW A funds are consistent with the strategic plan,
Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County, Florida
8 D '.
~ 78-
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135,
~w.~.
Fred W, Coyle, Chairman
Collier County Board of County Commissioners
Collier County, Florida
4-Ltf..dCC6
Date
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",QW,tSfr:i,~OCK, CLERK
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legal sufficiency
Patrick G,White, Assistant County Attorney
Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County, Florida
8 D 4"~
- 79-
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation - It is in full compliance and following a detailed citizen participation plan
that satisfies the requirements of 24 CFR 91.1 05,
Community Development Plan -- Its consolidated housing and community development plan
identifies community development and housing needs and specifies both short-term and long-term
community development objectives that provide decent housing, expand economic opportunities
primarily for persons oflow and moderate income, (See CFR 24 570,2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD,
Use of Funds -- It has complied with the following criteria:
I. Maximum Feasible Prioritv, With respect to activities expected to be assisted with
CDBG funds, it certifies that it has developed its Action Plan so as to give maximum
feasible priority to activities which benefit low and moderate income families or aid in the
prevention or elimination of slums or blight. The Action Plan may also include activities
which the grantee certifies are designed to meet other community development needs having
a particular urgency because existing conditions pose a serious and immediate threat to the
health or welfare of the community, and other financial resources are not available);
2. Overall Benefit. The aggregate use of CDBG funds including section 108
guaranteed loans during program year 2004 shall principally benefit persons of low and
moderate income in a manner that ensures that at least 70 percent of the amount is expended
for activities that benefit such persons during the designated period;
3, Soecial Assessments, It will not attempt to recover any capital costs of public
improvements assisted with CDBG funds including Section 108 loan guaranteed funds by
assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition of obtaining
access to such public improvements,
However, ifCDBG funds are used to pay the proportion ofa fee or assessment that relates to
the capital costs of public improvements (assisted in part with CDBG funds) financed from
other revenue sources, an assessment or charge may be made against the property with
respect to the public improvements financed by a source other than CDBG funds,
The jurisdiction will not attempt to recover any capital costs of public improvements
assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the
proportion of fee or assessment attributable to the capital costs of public improvements
financed from other revenue sources, In this case, an assessment or charge may be made
against the property with respect to the public improvements financed by a
Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County, Florida
8 l1j.
source other than CDBG funds. Also, in the case of properties owned and occupied by
moderate-income (not low-income) families, an assessment or charge may be made against
the property for public improvements financed by a source other than CDSG funds if the
jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
I, A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2, A policy of enforcing applicable State and local laws against physically barring entrance to
or exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws - The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42
USC 3601-3619), and implementing regulations,
Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-
based paint will comply with the requirements of24 CFR g570,608;
Compliance with Laws -- It will comply with applicable laws,
~w.~
Fred W, Coyle, Chairman
Collier County Board of County Commissioners
Collier County, Florida
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ck G, W ite, Assistant County Attorney
Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County, Florida
Specific HOME Certifications
8 I}-i'"
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance - If the participating jurisdiction intends to provide
tenant-based rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and
availability of decent, safe, sanitary, and affordable housing,
Eligible Activities and Costs - it is using and will use HOME funds for eligible
activities and costs, as described in 24 CFR g 92,205 through 92,209 and that it is not using
and will not use HOME funds for prohibited activities, as described in 24 CFR g 92,214,
Appropriate Financial Assistance - before committing any funds to a project, it will
evaluate the project in accordance with the guidelines that it adopts for this purpose and will
not invest any more HOME funds in combination with other Federal assistance than is
necessary to provide affordable housing,
'1uLw, ~
Fred W, Coyle, Chairman
Collier County Board of County Commissioners
Collier County, Florida
~gal sufficiency
Patrick G, Wh e, Assistant County Attorney
Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County, Florida
Specific ESG Certifications
8 Oi 8~-
The Emergency Shelter Grantee certifies that:
Major Rehabilitation/Conversion - It will maintain any building for which
assistance is used under the ESG program as a shelter for homeless individuals and
families for at least 10 years, If the jurisdiction plans to use funds for purposes less
than tenant-based rental assistance, the applicant will maintain any building for
which assistance is used under the ESG program as a shelter for homeless
individuals and families for at least 3 years,
Essential Services - It will provide services or shelter to homeless individuals and
families for the period during which the ESG assistance is provided, without regard
to a particular site or structure as long as the same general population is served,
Renovation - Any renovation carried out with ESG assistance shall be sufficient to
ensure that the building involved is safe and sanitary,
Supportive Services - It will assist homeless individuals in obtaining appropriate
supportive services, including permanent housing, medical and mental health
treatment, counseling, supervision, and other services essential for achieving
independent living, and other Federal State, local, and private assistance,
Matching Funds - It will obtain matching amounts required under CFR 3576,71 of
this title,
Confidentiality - It will develop and implement procedures to ensure the
confidentiality of records pertaining to any individual provided family violence
prevention or treatment services under any project assisted under the ESG program,
including protection against the release of the address or location of any family
violence shelter project except with the written authorization of the person
responsible for the operation of that shelter,
Homeless Persons Involvement - To the maximum extent practicable, it will
involve, through employment, volunteer services, or otherwise, homeless individuals
and families in constructing, renovating, maintaining, operating facilities, and
providing services assisted through this l2!Q,g[am,
,oX1 fEST:
~ W, (~_ DWIGHI~~~~;C~ERK
Fred W, Coyle, Chairmand b':' ,".< ..,', . "
Collier County Board of County Commissio
Collier County, Florida
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Date
Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County, Florida
8 0
- 83 -
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE
REQUIREMENTS:
A, Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U,S, Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure,
B, Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the grantee is providing
the certification,
'2, The certification is a material representation of fact upon which reliance is placed when the
agency awards the l,1fant. If it is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in
addition to any other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
3, Workplaces under grants, for grantees other than individuals, need not be identified on the
certification, If known, they may be identified in the grant application, If the grantee does not
identify the workplaces at the time of application, or upon award, if there is no application, the
grantee must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection, Failure to identify all known workplaces constitutes a violation of
the grantee's drug-free workplace requirements,
4, Workplace identifications must include the actual address of buildings (or parts of buildings)
or other sites where work under the grant takes place, Categorical descriptions may be used (e,g"
all vehicles of a mass transit authority or State highway department while in operation, State
employees in each local unemployment office, performers in concert halls or radio stations).
5, If the workplace identified to the agency changes during the performance of the grant, the
grantee shall inform the agency of the change(s), if it previously identified the workplaces in
question (see paragraph three),
6, The grantee may insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant:
Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County. Florida
8 D
- 84-
Place of Performance (Street address, city, county, state, zip code):
Collier County Board of Commissioners
Administration Building
3301 East Tamiami Trail
Naples, FL 34112
-and-
Collier County Financial Administration and Housing Department
2800 North Horseshoe Drive, Suite 400
Naples, FL 34104
Check _ if there are workplaces on file that are not identified here,
The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F,
7, Definitions of terms in the Nonprocurement Suspension and Debarment common rule and
Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U,S,C, 812) and as further defined by regulation (21 CFR 1308,11 through
1308,15);
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of the
Federal or State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
"Employee" means the employee of a grantee directly engaged in the performance of work under a
grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their
impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel
and consultants who are directly engaged in the performance of work under the grant and who are
on the grantee's payroll. This definition does not include workers not on the payroll of the grantee
(e,g" volunteers, even if used to meet a matching requirement; consultants or independent
contractors not on the grantee's payroll; or ~ of subrecipients or subcontractors in covered
workplaces), DWIGHI\~",~,~~~K, CLERK
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Fred , Coyle, Chairman C _ .".
Collier County Board of County Commission~~~
Collier <;:ounty, Florida ~ ~ \ t', : -
_'+-14 ~t}bt5 \~>.~.ali1Ck G..~1te, Assistant County Attorney
Date '.... C'c<..,,",..'^'~\.
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Consolidated Plan One-Year Action Plan FY 2005-2006
Collier County, Florida
aD' (
MEMORANDUM
Date: July 27, 2005
To: Susan Golden, State Grants Admin, Mgr.
Financial Administration and Housing
From: Linda A. Houtzer
Minutes & Records Department
Re: Funding Approval/Agreements
HUD Community Development Block Grants
HOME
Emergency Shelter Grant
Grant Agreement Amendment
Enclosed, please find (3) three originals of each of the documents, Agenda
Item #8D, as referenced above, approved by the Board of County
Commissioners on April 12, 2005.
Please return a fully executed Grant Agreement Amendment to the Minutes
and Records Department.
If you should have any questions please call me at 774-8411.
Thank you,
Enclosure
8 0
COLLIER OOtiNTY
Financial Administration and Housing
Memo
TO:
FROM:
SUBJECT:
DATE:
Clerk of Courts
Susan Golden, Federal/State Grants Administration Manager ~
HUD Grant Agreements T
July 27,2005
On April 12, 2005, the BCC approved the HUD One-Year Action Plan that outlined
the expenditure of HUD Community Development Block Grants (CDBG), HOME,
and Emergency Shelter Grant (ESG) funds for the fiscal year July 1, 2005
through June 30, 2006, This was item 8 D on the April 12, 2005 agenda and
was approved by the attached Resolution 2005-157.
The attached Funding Approval/Agreements are the second and final step in this
annual process to secure entitlement funds from the federal government. The
attached grants have been reviewed and signed by Assistant County Attorney
Patrick White and Chairman Coyle.
Please record the four (4) attached grant agreements. HUD requires three (3)
originals of each grant for a total of 12 original documents. Please contact me at
213-2901 when the documents are recorded and I will come to pick them up.
FAH will ensure transmittal of the signed originals to the Miami HUD office.
If you should have any questions please contact me at 213-2901. Thank you for
your assistance.
Item # i?b
Agenda 4,/1.'05
Date
Date rj,Z7-o5
Rec'd
~
RESOLUTION NO. 2005-~
8
o
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2005-2006
COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR
53,524,802 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY
SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD
CERTIFICATIONS, APPROVING EXECUTION OF SUB-RECIPIENT
AGREEMENTS BY CDES DIVISION ADMINISTRATOR, AND TRANSMITTAL
TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (BUD), AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development
(hereinafter HUD) in 24 C,F,R. 91 requires a Consolidated Plan One-Year Action Plan to be
developed to represent a submission for planning and funding for Community Development
Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant
(ESG) Programs;
WHEREAS, the overall goal of the community planning and development programs
covered by this plan is to develop viable communities by providing decent, affordable housing, a
suitable living environment and expanding economic opportunities principally for low and
moderate. income persons; and
WHEREAS, the Fiscal Year 2005-2006 Consolidated Plan One-Year Action Plan was
developed following the Col1ier County Consolidated Plan - Citizen Participation Plan, adopted
January 9, 2001; and
WHEREAS, the FY 2005-2006 Consolidated Plan One-Year Action Plan will serve as:
a planning document for Col1ier County, and an applicatiou for federal funds under the U. S,
Department of Housing and Urban Development (HOD) fonnula grant programs, a strategy to be
....
followed in carrying out the HOD programs, and an action plan that provides a basis for
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
.'COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1, The Board of County Commissioners of Collier County approves the Fiscal
Year 2005-2006 Consolidated Plan One- Year Action Plan for the CDBG,
HOME and ESG Programs, which is attached and incorporated herein by
reference, and authorizes the Department of Financial Administration and
Housing (F AH) to tranamit the Plan to the proper funding authority and take
Page of 3
111m
all necessary actions for implementation of the CDBG, HOME and ESG
8
o
programs.
2. The Chainnan of the Board of County Commissioners is authorized to
execute certifications pertaining to the Consolidated Plan One-Year Action
Plan on behalf of the County,
3, Section 4,0 of the One-Year Action Plan sets forth the dollar amounts
estimated for each Activity to be funded by the CDBG, HOME and ESG
Programs, A copy of the proposed Activities and total CDBG, HOME and
ESG funding is set forth in Exhibit "A", attached and incorporated by
reference, Accordingly, the individual Activity's Sub-Recipient Agreement
for all CDBG, HOME and ESG projects will be subsequently entered into on
behalf of Collier County and each such Agreement is hereby acknowledged
as providing for a valid public and County purpose, Based on these findings.
the Community Development and Environmental Services Administrator is
.nthnri7e~. to execute the CDBG, HOME, and ESG-Sub-RecipiOllt
::.1':
Agreements to imptement each such Activity, so long as: I) each such Sub-
Recipient Agreement confonns to the fonnat of the attached blank fonns,
Exhibit "B" and "C", adopted and incorporated by reference. and 2) the dollar
amount of each Activity and corresponding Sub-Recipient Agreement is
consistent with targeted areas outlined in the One-Year Action Plan Section
4,0, referenced above, The Community Development and Environmental
Services Administrator, or his designee. is authorized t~ amend all Sub-
....
Recipient Agreements adopted in accordance with the FY 2001-2006
Consolidated Plan and BUD regulations. as needed, in order to further the
goals of the CDBG, HOME and ESG federally funded programs,
4,
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,
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SEVERABILITY, If any section, sentence, clause or phrase of this
Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction. then said holding shall in no way affect the validity of the
remaining portions of this Resolution,
EFFECTIVE DATE. This Resolution shall become effective upon adoption
by a majority vote of the Board of County COmmissioners,
Page of 3
-Ii
This Resolution adopted this / J ~ of April 2005, after motion, second and majority
vote favoring same,
'".,,"'"'"
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':~;bWiijH.-f4t;B.ROCK, CLERK
~;..:B~:..;';: ;~;'~~~1
Patrick , hite
Assistant County Attorney
;
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8
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
'-1_ ~ w, ~
By: -r'-'4-
FRED W, COYLE, CRA
,;at. ot fLOlllUI<
COunty of COLLIER
/
D.C.
Page of 3
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U.S. Department of Housing and Urban Development
8
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Region IV, Miami Field Office
Brickell Plaza Federal Building
909 SE First Avenue, Rm. 500
Miami, FL 33131-3042
Each comm. Rec'd Copy
July 7, 2005
Honorable Fred W, Coyle, Chairman
Collier County Board of Commissioners
3301 E Tamiami Trail
Naples, FL 34112
RECEIVED
JUt 2 0 2005
Boa", of Counly Commisston_
Dear Chairman Coyle:
SUBJECT: Collier County
2005-2006 Action Plan Approval
We are pleased to approve your one-year Action Plan for Fiscal Year 2005 funding, The
grant assistance that is being approved with the Action Plan is as follows:
Community Development Block Grant (CDBG) Program
Emergency Shelter Grants (ESG) Program
HOME Investment Partnerships (HOME) Program
American Dream Downpayment Initiative FY 05 (ADDI) Program
$ 2,637,663.
$ 96,119.
$ 762,220.
$ 28,800.
The total allocation for your community is
$ 3,524,802.
Your FY 2005 program year began on July 1,2005,
We would like to take this opportunity to commend the County on the successful
completion of the one-year Action Plan, We believe that the goals and objectives developed
through this process provide the foundation for the formulation of new partnerships at all levels
of government and with the private sector including for-profit and non-profit organizations,
These partnerships are invaluable as you and your partners address the problems of affordable
housing, homelessness, and economic opportunities for all citizens, particularly for very low-
income and low-income persons,
Enclosed are three originals of each of the required Grant Agreements and Funding
Approvals, This constitutes the contract between our Department and the County, You should
note any special conditions listed in the Funding Approvals, Please return two executed
oril!inals for each Grant, and retain one for your records,
www.hud.eov
espanol.hud.gov
8 0
In addition to the Grant Agreement, we have also enclosed a copy of "Consolidated Plan
Advice and Guidance" applicable to the various Programs,
Again, we congratulate you and your staff on the preparation of the one-year Action Plan,
We look forward to working with you during the coming year to accomplish the goals the
County has set forth and to further refine and improve the Consolidated Plan development
process, In the meantime, if you have any questions or desire assistance concerning this letter or
other items related to the community development programs, please contact Lisa Bustamante,
CPD Representative, at (305) 536-4431, ext. 2262.
Sincerely!
'~/"//
/,~ ..' . /,/
/ (/ /;~l().. ~jf,
~ria 00rtiZ-~ ;/
Director,
Community Planning and Development
Enclosures
cc: Mr, H, Denton Baker, Financial Housing Department Director
D 'f.
8 ,'ii'
SPECIAL CONTRACT CONDITIONS - FY 2005
Notwithstanding any other provision of this agreement, no funds provided under this agreement
may be obligated or expended for the planning or construction of water or sewer facilities until
receipt of written notification from HUD of the release of funds on completion ofthe review
procedures required under Executive Order (E,O,) 12372, Intergovernmental Review of Federal
Programs, and HUD's implementing regulations at 24 CFR Part 52, The recipient shall also
complete the review procedures required under E,O, 12372 and 24 CFR Part 52 and receive
written notification from HUD of the release of funds before obligating or expending any funds
provided under this agreement for any new or revised activity for the planning or construction of
water or sewer facilities not previously reviewed under E,O, 12372 and implementing
regulations,
Funding Approval an~ HOME ~~~. 8:.~rt~~:~:~~~~:ing OMS App"'(~~oo;~~~~~
Investment Partnerships Agreement Office of Community Planning" 8 o.
Title II of the National Affordable Housing Act and Development
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing Instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or
sponsor, and a person is not requi,ed to respond to, a collection of information unless that collection displays a valid OMS control number,
The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the
owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their
programs; 2) to track performance of participants in meeting 'fund commitment and expenditure deadlines; 3) to perma HUD to determine whether each
participant meets the HOME statutory income targeting and affordability requirements: and 4) to permit HUD to determine compliance with other statutory
and regulatory program requirements. This data collection is authorized under Title II of the Cranston.Gonzalez National Affordable Housing Act or related
authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be
maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for
disclosure. Recipients are responsible for ensuring confidentiality lNhen public disclosure is not required.
1. Participant Name and Address
Collier County
2800 N, Horseshoe Drive, Suite 400
Naples, FL 31104
2, Participant Number
M-05-UC-12-02I7
3. Tax Identification Number
59-6000588
4, Appropriation Number
865/70205
5. FY (yyyy)
2005
6. Previous Obligation (Enter "0' fo' initial FY aiiocation)
a. Formula Funds
b. Community Housing Development Org, (CHDO) Competitive
7. Current Transaction (+ or.)
a, Formuia Funds
$
$
1, CHDO (For deobiigations only)
2, Non- CHDO (For deobiigations only)
b. CHDO Competitive Reaiiocation or Deobligation (see #18 below)
$ 791,020,
$
$
$
8, Revised Obiigation
a, Formula Funds $
b, CHDO Competitive Reaiiocation $
9. Special Conditions (check applicable box) 10, Date of Obligation (Congressional Release Date)
I:8J Not applicable 0 Attached (mm/dd/yyyy) 07/ 07/2005
This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the
authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan
submission/Appiication and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME
Investment Partnership Agreement, form HUD-40093, including any special conditions, constitute part of this Agreement. Subject to the proviSions of this
Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the
parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment
by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to
the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR
92.502, To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously
awarded to the Participating JurisdictionJEntity without the Participating Jurisdiction's1Entity's execution of the amendment or other consent. The
Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies
as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility
for environmental review, decision making, and actions, as specified and required in regulation at,~ CFR 92.352 and 24 CFR Part 58.
11. For the U.S, Department of HUD (Name and Title of Authorized Official) i at 13, Date
Maria R. Ortiz-Hill, Director Community, Planning and Dev, 07/07/2005
'"
, '.>,<~'\H'{ ...'r. ",
. ~l'-' ...., ~/~.
18. Funding lAf6rir)ation:',' '<fl
~'\ ;!J"~.wrotUiatlon Code
FY 2ll05' AOO(C " B1l$J702ll5'
FY ~OO5 HOME 8jSi702~
U-l ,~. ' . FJ." "
A~st,,.S..to"CJIat_.S
. .' ~
~',Jf:~ Q.~~__
I:8J initiai Agreement
16, Date
14. For the Participating Jurisdiction/Entity (Name and Title of Authorized Official)
Fred W, Coyle, Chairman, Board of Commissioners
17. Check one:
0'1 ~I ~co5
o Amendment #
PAS Code
HMC
HMC
CHDO Competitive Reallocation
Amount Source of Funds Acorooriation Code
$28,800.
$76;l;2jllpm\leJd dS to iorm 8. legal Sufficlanc\/
$
PAS Code Amount
$
$
~~~AotCl~') ~,~1I"",4,, .\.v.
fonn HUD-40093 (04/2004)
Funding Approval/Agreement
Title I of the Housing and Community
Development Act (Public Law 930383)
U.S, Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program 8 .
o
HI-00515R of20515R
1. Name of Grantee (as shown in item 5 of Standard Form 424) a. Grantee's 9..igtt Tax 10 Number 4. Date use of funds may begin
Collier County 59-6000558 (mmlddlyyyy) 7/1/05
2. Grantee's Compiete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No, 1 6a,AmountAppKWOd
2800 N, Horsehoe Drive, Suite 400 B-05-UC-I2-00 16 2,637,663,
Naples, FL 34104 5b. Project/Grant NO.2 6b. Amount AppKWOd
5~ Project/Grant No, 3 6c. Amount AppKWOd
Grant Agreement: This Grant Agreement between the Department of Housmg and Urban Development (HUD) and the above named Grantee IS made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 use 5301 et seq.). The Grantee's submissions for Title I assistance, the
HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions,
constitute part of the Agreement. Subject to the provisions of this Grant Agreement. HUD will make the funding assistance specified here available to the Grantee upon
execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item
4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with
funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval.
The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the
Secretary pursuant to Section 100(g) ofTiUe I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by
sub-reci ient entities to which it makes fundin assistance hereunder available.
U.S. Department of Housing and Urban Deveiopment (By Name)
Maria R, Ortiz-Hill
Tille
Conulltlll'ty Planning and Development Director
Signa.ltyre / ~// . Date (mmlddlyyyy)
1::::.. / (1;......-, :/ 7/7/05
7. Category of Title I Assistance forth~ Funding Action 6. Special Conditions
(cheel< only one) (cheel< one)
~ a. Entitlement See 106(b) ~ None
o b. State-Admin~tered, See 106(d)(1) 0 Attached
Dc. HUD.Administered Smail Cities, Sec 106(d)(2)(B)
o d,lndian CDBG Programs, See 106(a)(1)
o e. Surplus Urban Renewai Funds, See 112(b)
Of. Special Purpose Grants, See 107
o g. Loan Guarantee, See 108
9a, Date HUD Received SUblnis.
(mmlddlyyyy) 5112105
9b. Date Grantee Notified
(mmlddlyyyy)
90. Date of Start of Program Year
(mmlddlyyyy) 7/1/05
120, Amount of Loan Guarantee Commitment now being Approved
11, Amount of Community Development
Block Grant
a. Funds Reserved for th~ Grantee
b. Funds now being Approved
c. Reservation to be Cancelled
11a minus 11b
12b. Name and complete Address of Pubiic Agency
FY (2005)
FY(
FY(
2,637.663,
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency
loan guarantee assistance, and agrees to comply with the terms and
conditions of the Agreement, applicable regulations, and other
requirements of HUD now or hereafter in effect pertaining to the Title
assistance provided it.
Signature
HUD Accounting use Only
Bat~i'~mber ,..
-w: .....:.
Entered By
Effective Date
(mmlddlyyyy) F
II 10
I
I
Verified By
form HUD-70B2 (4/93)
Batch
TAC
Program Y A Reg Area Document No.
Project Number
Category
Amount
ITIJ Iffi ITIJ q 0 0 rn [ill] cg;g=J ITIIJ I
o . ". .:: I
I
Amount
Y
Amount
:.('
Attest <)J 1>>':Ql'llfl'ft1a-n..~-,
m~,~~%f&~Jkf~L~~ .
24 CFR 570
8 0
Grant No.: S-05-UC-12-0024
Official Contact Person: H, Denton Baker
Telephone No: (239) 403-2333
FAX: (239) 403-2331
E-mail Address: DentonBakerial,colliergov,net
Tax ID No: 59-6000558
Unit of Government No: 129021
FY 2005 LOCAL GOVERNMENT GRANT AGREEMENT
EMERGENCY SHELTER GRANTS PROGRAM
This Grant Agreement is made by and between the United States Department of Housing
and Urban Development (HUD) and, Collier County, for FY 2005 ofthe Emergency
Shelter Grants Program in the amount of $ 96.119, This grant was authorized by Subtitle
B of Title N of the McKinney-Vento Homeless Assistance Act, 42 U,S.C, 11301 (1988),
as amended (the "Act"), In addition, the grant operates through HUD's regulations at 24
CFR Part 576, as now in effect and as may be amended from time to time, which are
incorporated as part of this Agreement.
In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon
execution ofthe Grant Agreement, to provide the Grantee with the agreed grant funds, The
grantee must comply with requirements for record keeping and annual performance
reporting to RUD within 90 days after the close of its consolidated program year, as
required by 24 CFR 91.520, This includes the periodic information collected through
HUD's Integrated Disbursements and Information System (IDIS), The grantee's IDIS
reporting must include information on grant activities, project sponsors, project sites, and
beneficiaries (including racial and ethnic data on participants), This information will be
used for program monitoring and evaluation purposes,
The Grantee agrees to comply with all applicable laws and regulations in distributing funds
provided under this Grant Agreement and to accept responsibility for ensuring compliance
by recipient entities which my receive funding assistance,
'8 0
The Grantee agrees to comply with the provisions of the environmental requirements of24
CFR Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under
this Grant Agreement.
The Grantee further agrees to provide sufficient detail on matching funds so as to identify
the specific sources and amounts of the funds as required by 42 USC 11375(a)(I),
The following parties execute this Grant Agreement on the dates set forth below as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By:
/".~ ~-',. ,'!- 7
{ f"7} / ~ /?9/f;;~
- <tkectil . ~C:r/7!7/05
Maria R. Ortiz-Hill Date
Community Planning and Development Director
Title
GRANTEE
By:
~rcui W. U~ \e..
Typed Name elf SIgnatory
c.. ""CA.; '1VV\Cll'\ t\ C)Qrd 00 Co\.U'\ ~ ~'IS"5; 0lAU'S
/ Title \
,\,\"""'~':,',',"",,,,
"\\.~,':s, ' '--'}:,JR,.) J,/~..
,.... ,..\.,- ........, '- ,.:, -,.
m'N;. ", '..!/>,....
A . .)'1_.:' :::-, ", - _'-;.. .
DfJ::GIii;\E~:)~~~"/~\ E RK
-= :-~~:: . ,; ,1.' ','.,' .__"' :~"'j:: .
&o~~A1);/1 as@, if#~ ~,~.
._~putyCTer-,
Attest M,' to.' Ole tJ"aiin ' s
signature only.
~"II'.W",O
. 0
;}'* * ~
~ ~
00 ,t
~""DE~\-O
U.S. Department of Housing and Urban Development
8 0'1
Region IV, Miami Field Office
Brickell Plaza Federal Building
909 SE First Avenue. Rm. 500
Miami. FL 33131-3042
July 13, 2005
J7-)9-05 A,':'S,~:~
Ms, Susan Golden
FederaVstate grants Administration Manager
2800 North Horseshoe Drive, Suite 400
Naples, FI 34104
Dear Ms,: Golden
SUBJECT: Transmittal of Grant Agreement
Supportive Housing Program (SHP)
Project Number: FL 14B30-6001
Project Identifier Number: FL 14(J <J'"
Enclosed are three original documents of the Grant Agreement Amendment
between the Collier County Board of County Commissioners and U,S, Department of
Housing and Urban Development. Please sign the three original copies and return them
to this office for signature, When they are received, HUD will execute them, and one will
be returned to you.
If you have any questions, please contact Ronald M, Muscarella Senior Community
Planning & Development Representative at (305) 536-5678 ext 2320
Sincerely,
rtiz-HiII, DireCt r
Community Planning and
Development Division
Enclosures
www.hutLgov
espanoI.bud.gov
q'''''''IIENro~..,o
t *'11 II *~:
o I U ~~
"-9 "
!J>1~ DE....'e\...O
U.S. Deparbnent of Housing and Urban Development
Miami Field Office, Southeast/Caribbean Region
Brickell Plaza Federal Building
909 SE First Avenue, Rm, 500
Miami, FL. 33131-3042
8 0
GRANT AGREEMENT AMENDMENT
This Agreement is made this 07/13/05 day and between the United States Department of
Housing and Urban Development (HUD) and Collier County Board of County
Commissioners the Recipient
RECITALS
1, HUD and Recipient entered into the Grant Agreement dated 10/19/04 for project number
FL 14B30-600110cated in Collier County
2, Under the terms of the Grant Agreement, Recipient received a grant from HUD in the
amount of 1440,000 to be used to carry out the project described in the Grant Agreement
over a Two. (2) year period. The term of that Grant Agreement will end 10/18/06.
3. Recipient desires to make a change in the project [As a result of senior staff turn over
and implementation delays, Collier County is requesting a tenn extension of Grant
FL 14B30-6001 to March 31,2007. In October 2004, the County received an executed grant
agreement for $440,000 to build pennanent Housing for the Homeless in Collier County.
Construction was anticipated to begin in March 2005 with occupancy in December 2006.
However, there have been numerous unanticipated delays including staff turnover within
the FAH office and funding shortfalls. The Financial Administration and Housing Office
is now confident that RJ Beneficial and Big Cypress Housing Corporation have secured
sufficient funding to move this project forward to completion. With staff and funding
now in place, FAH is respectfully requesting and extension to March 31, 2007, in order to
construct four (4) dwelling units with 16 beds for homeless individuals and families in
Collier County.]
4, HUD has reviewed the initial application and the proposed change and has determined
that, with the change, the application ranking would have been high enough to have been
competitively selected in the year the application was initially selected,
5. The need for assistance for homeless persons continues within the jurisdiction within
which the project is located and the need for the project continues,
6. HUD has reviewed the project and the performance of the Recipient and has determined
that the project is worthy of continuation,
7. HUD and the Recipient have agreed to amend the Grant Agreement to [as stated in
paragraph 3 of this amendment]
8 0
AGREEMENTS
1, The Grant Agreement is hereby changed by [As a result of senior staff turn over and
implementation delays, Collier County is requesting a term extension of Grant FL 14B30-
6001 to March 31,2007. In October 2004, the County received an executed grant
agreement for $440,000 to build permanent Housing for the Homeless in Collier County.
Construction was anticipated to begin in March 2005 with occupancy in December 2006.
However, there have been numerous unanticipated delays including staff turnover within
the FAH office and funding shortfalls. The Financial Administration and Housing Office
is now confident that RJ Beneficial and Big Cypress Housing Corporation have secured
sufficient funding to move this project forward to completion. With staff and funding
now in place, FAH is respectfully requesting and extension to March 31, 2007, in order to
construct four (4) dwelling units with 16 beds for homeless individuals and families in
Collier County,]
2, The effective date ofthislthese changes is made this 07/13/05
3, All other provisions of the Grant Agreement remain un-amended,
This agreement is hereby executed on behalf of the parties as follows:
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES
OF AMERICA,
by the Secretary of Housing and Urban Development
By:
Date
Name: Maria R. Ortiz-Hill
Title: Director. Community Plannina and DeveloDment Division
RECIPIENT
COllier County Board of County Commissioners
Name of Organization
By:
Name: Fred W, Covle
Title: Chairman
....,;ntle
, ,\' -~.r, '1/
\,"'_,,;~' t.\:lfli7r1:? J".
ATTESlr.',........., ~:"
DWlGl{f,t..;~ROC~'.;, '~LERK
t f/ :~' :~'::~~ ;:~ '. .", '~.. . Jll,
. - ,Wty.!,p,tk.'
'6','., --YO- ".,,::<
Attest a~'~:tA;,ctia-j~n' s
signature OIiW:.,,'."
Date
01! ~(pl ~0058
o
~ Illl! () :orm 8': legal SlJriiC!2cC
~1I18tant County Atterne\
80
Memorandum
To:
Patricia Morgan, Supervisor
Clerk of Courts - Minutes and Records
From:
Nancy Mesa - Grants Support Specialist
Date:
DecEKnber15,2oo5
Subject:
Subrecipient Agreement
Re:
HOME FY 2005 - 2006 - CCHDC (CilTUs Pointe)
Attached please find the original subrecipient agreement between Collier County and the Collier
County Housing Development Corporation for HOME funding in the amount of $ 350,000.00 of
which $ 320,000.00 will be used toward the acquisition of 10 acres in Collier County on which a
mixed income condominium development will be built, and $ 30,000.00 is for CHDO Operating.
This was included in the County's ConsoHdated Plan One-Year Action Plan FY 2005.2006 as
approved by the BCC on April 12, 2005 -Item 80, Resolution 2005.157.
The account string for this grant is 121,138755-882100.345601.
Please call me at 659.5770 if you have any questions.
Thank you.
~~
.
Cc: Kelly Jones, Senior Accountant' Clerk's Finance
Marlene Foord, Grant Coordinator, Administrative Services Division
Gwen Butler, Operations Manager. Purchasing
File
Deparlment of Financial Administration and Housing
Community Development and Environmental Services Division
8u
AGREEMENT BETWEEN
COLLIER COUNTY
AND
COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION
Catalogue of Federal Domestic Assistance #14.239
HUD Grant # M,05,UC,12,0017
THIS AGREEMENT MADE this/dtfzday of J)eamW, Aa:>:i;:6y and between Collier County, hereinafter referred
to as the "COUNTY", and Collier County Housina Development Corporation, a nonprofit corporation hereinafter
referred to as the "AWARDEE" and which is located at: 89510lh Street South, Suite 202C Naples, FL 34102.
WITNESSETH
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships Program Funds from the U,S, Department of
Housing and Urban Development (HUD), including funds that are reserved for the use of Community Housing Development
Organizations (CHDOs); and
WHEREAS, the AWARDEE has been certified with the COUNTY as a CHDO, and has submitted a proposal for use of
CHDO funds for a CHDO'eligible project under HOME regulations;
NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, including the Attachments,
and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows:
Section 1- Definitions
A. AGENCY. is hereby defined as the Operational Support and Housina Department, the HOME administering
agency of the Collier County. For the purpose of this Agreement and all administration of HOME funds, the
AGENCY shall act on behalf of the COUNTY in the execution and fiscal and programmatic control of this
agreement. The term "Approval by the COUNTY" or like term used in this Agreement shall in no way relieve the
AWARDEE from any duties or responsibilities under the terms of this Agreement, or obligation State or local law or
regulation,
B, DIRECTOR. is hereby defined as the Director of the Operational Support and Housina Department of the County,
C, FEE. is hereby defined as the amount of money the COUNTY agrees to pay and the AWARDEE agrees to accept
as payment in full for all the professional, technical and construction services rendered pursuantto this Agreementto
complete the WORK as further defined in Section 111- SCOPE OF WORK, hereof.
D, WORK. is hereby defined as all the professional, technical and construction services to be rendered or provided by
the AWARDEE as described here.
E, PROJECT. is defined in Section IV below,
F, HOME. is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under
the authority of 42 U.S.C, 3535 (d) and 12701 . 12839.
Cirrus Pointe Land Acquisition CHDO Agreement
Page 1 of 16
80
;,\ji
~..
Section 11- Term
The AWARDEE expressly agrees to complete all work required by this agreement in accordance with the timetable set
forth,
Milestone Deadline
Proiect Start Date 12/1/05
Interim Milestones! Deadlines (list below):
Close on Land 1/31/06
Infrastructure Work Beoins 5/30/06
Construction of 3 Buildinns 8/31/06
Construction of 3 Buildinos 11/30/06
Construction of 3 Buildinos 2/28/07
All Units C/O 3/31/07
All Affordable Units Occupied by Qualified 5/31/07
Buvers
100% Proiect Completion Date 5/30/07
In addition, this project is subject to ongoing compliance requirements of HOME for ~ years from the date of initial
occupancy, During this compliance period, the AWARDEE will assure continued compliance with HOME requirements,
For homebuyer units this includes monitoring units for principal residency and recapture of funds at time of resale, For
rental units, this includes ongoing property standards, occupancy and rent limits compliance.
Timely completion of the work specified in this agreement is an integral and essential part of pertormance, The expendtture
of HOME funds is subject to Federal deadlines and could result in the loss of the Federal funds, By the acceptance and
execution of this agreement, it is understood and agreed by the AWARDEE that the PROJECT will be completed as
expeditiously as possible and that the AWARDEE will make every effort to ensure that the project will proceed and will not
be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of HOME funds,
Since it is mutually agreed that time is of the essence as regards this agreement, the AWARDEE shall cause appropriate
provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to
ensure that the PROJECT will be completed according to the timetable set forth, It is intended that such provisions inserted
in any subcontracts be, to the fullest extent permitted by law and equity, binding for the benefit of the COUNTY and
enforceable by the COUNTY against the AWARDEE and its successors and assigns to the project or any part thereof or
any interest therein.
In the event the AWARDEE is unable to meet the above schedule or complete the above services because of delays
resulting from Acts of God, untimely review and approval by the COUNTY and other governmental authorities having
jurisdiction over the PROJECT, or other delays that are not caused by the AWARDEE, the COUNTY shall grant a
reasonable extension of time for completion of the WORK. It shall be the responsibility of the AWARDEE to notify the
COUNTY promptly in writing whenever a delay is anticipated or experienced, and to inform the COUNTY of all facts and
details related to the delay,
Section 11I- Scope of Work
The AWARDEE, in close coordination with the COUNTY, shall pertorm all professional services (the 'WORK') necessary to
complete the development and occupancy of the following project in full compliance with the terms of this Agreement:
Land Acouisition of approximatelv 10 acres in Collier County on which a mixed income condominium development will
be buill. The development shall consist of 108 owner.occupied units of which at least 10 units will be sold to and
Cirrus Pointe Land Acquisition CHDO Agreement
Page 2 of 16
80
'..,
I"':
II
occupied bv households at or below 50% of the area median income as established bv the U,S, Department of
Housinq and Urban Deveiopment and at least an additional 22 units will be soid to and occupied bv households at or
below 60% of the area median income as established bv the U,S. Department of Housinq and Urban Deveiopment.
It is understood that the AWARDEE will provide a specific working budget and realistic timetable as relates to: acquisition,
construction/rehabilitation, soft costs, development fees and other allowable costs/activities prior to any fund usage, Said
budget shall identify all sources and uses of funds, and allocate HOME and non.HOME funds to activities or line items,
The aforementioned Work tasks will be performed in essentially the manner proposed in the AWARDEE's proposai as
received by the AGENCY on Mav 27,2005, The aforementioned document will be considered to be a part and portion
of this agreement for reference.
Section IV - Reimbursement of Expenses & Developer Fees
A. Project expenses (excluding developer fee) shall be paid based on vouchers for actual expenses incurred or paid,
not to exceed Three Hundred and Twenty Thousand Dollars $320,000.00, Requests for payment must be
submitted by the AWARDEE on forms specified by the COUNTY (attachment "B"), with adequate and proper
documentation of eligible costs incurred in compliance with 92,206 and necessary for HUD IDIS disbursement
requirements, All such expenses shall be in conformance to the approved project budget. Budget revision and
approval shall be required prior to payment of any expenses not conforming to the approved project budget.
B. The COUNTY shall pay the AWARDEE, as maximum compensation or FEE for the developer services required
pursuant to the Scope of Work thereof, ThirtvThousand dollars ($ 30,000,00 )ofHOMEFunds, Progress
payments of FEES (if applicable) will not exceed the following cumulative maximum percentages of total developer
fee at the following stages of project completion:
Milestone Max, Cumulative
Developer Fee %
Acquisition closing 25%
Construction closing / start of construction or rehab 40%
50% construction completion 60%
Construction completion (certificate of occupancy) 75%
Sustaining occupancy (or sale) & completion report 100%
If multiple projects or buildings are involved, the developer fee may be pro. rated to each building or project, and the
applicable percentage may be applied to each.
C. The COUNTY reserves the right to inspect records and project sites to determine that reimbursement and
compensation requests are reasonable, The COUNTY also reserves the right to hold payment until adequate
documentation has been provided and reviewed,
Cirrus Pointe Land Acquisition CHDO Agreement
Page 3 of 16
8D
'....
D. The AWARDEE may submit a final invoice upon completion, Final payment shall be made after the COUNTY has
determined that all services have been rendered, files and documentation delivered, and units have been placed in
service in full compliance with HOME regulations, including submission of a completion report and documentation of
eligible occupancy, property standards and long-term use restrictions.
E. The COUNTY shall have the right to review and audit all records of the AWARDEE pertaining to any payment by the
COUNTY, Said records shall be maintained for a period of five years after completion.
Section V - Project Requirements
The AWARDEE agrees to comply with all requirements of the HOME Program as stated in 24 CFR Part 92, including
but not limited to the following,
A. No HOME project funds will be advanced, and no costs can be incurred, until the COUNTY has conducted an
environmental review of the proposed project site as required under 24 CFR Part 58. The environmental review
may result in a decision to proceed with, modify or cancel the project.
Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement
does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may
occur only upon satisfactory completion of environmental review and receipt by the COUNTY of a release of funds
from the U,S, Department of Housing and Urban Development under 24 CFR Part 958,
Further, the AWARDEE will not undertake or commit any funds to physical or choice.limiting actions, including
property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the
environmental clearance, and must indicate that the violation ofthis provision may result in the denial of any funds
under the agreement.
B. The HOME funds advanced to the PROJECT will be secured by a note and mortgage, and in the case of a rental
project, a deed covenant as required by 24 CFR Part 92.
C. The AWARDEE will ensure that any expenditure of HOME funds will be in compliance with the requirements at
92,206, and acknowledges that HOME funds will only be provided as reimbursement for eligible costs incurred,
including actual expenditures or invoices for work completed.
D. If the project is to be owner-occupied, the AWARDEE will ensure that ali HOME assisted units will be in compliance
with 24 CFR 92,254, including documenting that the property is eligible under 92.254(a)(1) - (2), and will maintain
compliance during the minimum compliance period, (If the property also contains a rental unit assisted w~h HOME
funds, the AWARDEE will ensure that occupancy complies with the requirements of 92,254(a)(6),) lithe project is to
be rental, the AWARDEE will ensure that that project is eligible under 92.214, and that it will meet the applicable
standards of 24 CFR 92,252 - 253 at occupancy and for the minimum compliance period,
E. The designated HOME.assisted units of this PROJECT will meetthe affordability requirements as found in 24 CFR
92,252 (rental) or 92,254 (owner-occupied) as applicable, The AWARDEE shall collect and maintain Project
beneficiary information pertaining to household size, income levels, anticipated household income, racial
characteristics, and the presence of Female Headed Households in order to determine low and moderate-income
benefit in a cumulative and individual manner through a process approved by the AGENCY, Income
documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for
Determinina Income and Allowances Under the HOME Proaram.
F. In the selection of occupants for PROJECT units, the AWARDEE shall comply with all non.discrimination
requirements of 24 CFR 92.350, If the project consists of 5 or more units, the AWARDEE will implement affirmative
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marketing procedures as required by 24 CFR 92,351, Such procedures are subject to approvai of the AGENCY,
G. If the PROJECT is occupied at the time of this commitment, the AWARDEE will comply with the relocation
requirements of 24 CFR 92,353,
H. The AWARDEE shall assure compliance with 24 CFR 92,251 as reiates to Property Standards and Housing Quality
Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable, and Lead Based Paint
Requirements as found in 24 CFR 92,355 and 24 CFR Part 35,
I. If the PROJECT is to be owner.occupied, the AWARDEE shall assure that any NOTES and MORTGAGES
recorded for homebuyers shall be in compliance with 24 CFR 92,254 and that the AWARDEE will monitor each unit
for principal residency (under 92,254(a)(3)) and resale/recapture (under 92.254 (a)(4) - (5)),
J. The AWARDEE will provide any documentation required by the AGENCY regarding match as may be required to
document match for purposes of the HOME program.
K. If any project under this agreement involves the construction or rehabilitation of 12 or more HOME.assisted units,
the AWARDEE shall comply with the provisions of the Davis-Bacon Act (40 U.S,C, 276 a to a. 7) as supplemented
by Department of Labor regulations (29 CFR, Part 5). as amended,
L. If the property is sold through a lease.purchase agreement, the AWARDEE will ensure compliance with
92,254(a)(7), as modified by the 1999 Appropriations Act, Section 599B,
M. The AWARDEE will be monitored by the AGENCY for compliance with the regulations of 24 CFR 92 for the
compliance period specified above, The AWARDEE will provide reports and access to project files as requested by
the COUNTY during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT.
Section VI - Repayment of Loan
A. All HOME funds are subject to repayment in the event the PROJECT does not meet the Project Requirements
as outlined above.
B. It is understood that upon the completion of the PROJECT, any HOME funds reserved but not expended under
this agreement will revert to the COUNTY,
C. If the PROJECT is rental, funds will remain a deferred loan for the period of N/A ,at which time the loan may
be forgiven or ex1ended in the sole discretion of the COUNTY for another term. Sale of the property to another
party may occur only with the approval of the COUNTY, and the purchaser shall assume all obligations of the
AWARDEE under this agreement, the note and mortgage, and the deed covenants, Provisions in those documents
will provide for the ex1inguishment of the requirements only in the event of a third.party foreclosure or deed in lieu of
foreclosure, -Not Applicable.
D. If the PROJECT is for owner.occupancy, the AWARDEE shall lend the HOME funds to the individual buyers in an
amount sufficient to make the purchase affordable, Any HOME funds that reduce the price of the property below
the fair market value of the property shall be secured by a HOME note and mortgage as required in 92,254(a)(5)(ii),
using the note and mortgage prescribed or approved by the AGENCY (and consistent with the method of recapture
identified in the COUNTY's Consolidated Plan,")
1) All net sales proceeds from the sale of units are considered to be either:
_ Program Income and must be retumed to the AGENCY as repayment of the HOME ioan; Q[
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.lL CHDO proceeds that may be retained by the AWARDEE and used in conformance with 24 CFR
92,300(a)(2). or as specified below:
N/A
2) Priorto each closing, the AWARDEE will provide to the AGENCY the estimated settlement statement, along
with a reconciliation statement and the draft note and mortgage, The reconciliation statement shall account
for the pro-ration of HOME project funds to the individual unit, and identify those funds that are to be ient to
the buyer as "Buyer subsidies" secured by the HOME note and mortgage, the pro. rated HOME development
funds that are to be forgiven as "Development subsidies", and the amount of developer fee or CHDO sales
proceeds to be retained from settlement funds,
3) All resale proceeds that are received from buyers as they resell the properties during the compliance period to
other buyers shall be considered "Recaptured Funds" under 24 CFR 92,254(a)(5)(ii)A)(5) and must be repaid
to the COUNTY for use in eligible HOME projects as required by 24 CFR 92,503. The AWARDEE shall
promptly notify the AGENCY of such transactions and will promptly convey any Recaptured Funds to the
AGENCY.
Section VII- CHDO Provisions
It is understood that the AWARDEE has certified that it is and will maintain CHDO (Community Housing Development
Organization) status forthe term of the PROJECT/AGREEMENT in accordance with 24 CFR 92, AWARDEE agrees to
provide information as may be requested by the AGENCY to document its continued compliance, including but not limned
to an annual board rooster and certification of continued compliance,
Any funds advanced as CHDO pre.development funds must be in compliance with 92.301, and are forgivable only under
the terms in 92,301.
Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24 CFR 92,208,
Any funds that the CHDO is permitted to retain as CHDO proceeds from this project shall be used in compliance with 24
CFR 92.300(a)(2) or as specified in this Agreement.
If the project is rental, the AWARDEE will create and follow a tenant participation plan as required in 24 CFR 92,303.
Section VIII- Procurement Standards
The AWARDEE shall establish procurement procedures to ensure that materials and services are obtained in a cost.
effective manner, When procuring for services to be provided under this agreement, the AWARDEE shall comply at a
minimum with the nonprofit procurement standards at 24 CFR 84.40 - .48,
In addition, the following requirements are imposed on any procurement under this PROJECT:
n/a
In addition, it is understood that any AWARDEE that can be considered to be a religious organization shall abide by all
portions of 24 CFR 92,257.
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Section IX - Conflict of Interest Provisions
HOME conflict of interest provisions, as stated in 92.356(n, apply to the award of any contracts under the agreement and
the selection of tenant households to occupy HOME-assisted units, Exceptions must be requested by the AWARDEE and
the AGENCY grant exceptions as permitted by regulation,
In addition, the COUNTY also has elected to apply the conflict of interest provisions in 24 CFR 92,356(b) - (e) to this
project. Therefore, the award of contracts and the award of ~ unit benefits to covered parties of the AWARDEE are
subject to prior disclosure by the AWARDEE and an exception from the COUNTY as ouliined in 92,356(d) - (e),
The AWARDEE warrants and covenants that it presently has no interest and shall not acquire any interest, direcliy or
indirecliy, which could conflict in any manner or degree with the performance of its services hereunder. The AWARDEE
further warrants and covenants that in the performance of this contract, no person having such interest shall be employed,
No member or Delegate to the Congress of the United States shall be permitted to any share or part of this contract or any
benefit to raise herefrom. No member, officer or employee of the COUNTY; or its designees, or agents; or member oflt1e
Collier County Board of County Commissioners; and no other public official of the COUNTY who exercises any functions or
responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest direct or
indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this agreement.
Section X - COUNTY Responsibilities
The COUNTY shall furnish the AWARDEE with the following services and information from existing COUNTY records and
COUNTY files:
A. The COUNTY shall provide to the AWARDEE information regarding its requirements for the PROJECT.
B. The COUNTY will provide the AWARDEE with any changes in HOME regulations or program limits that affectlt1e
project, including but not iimited to income limits, properly value limits and rent limits,
C, The COUNTY will conduct progress inspections of work completed to protect its interests as lender and regulatory
authority for the project, and will provide information to the AWARDEE regarding any progress inspections or
monitoring to assist it in ensuring compliance,
The COUNTY's review and approval of the WORK will relate only to overall compliance with the general requirements of
this Agreement and HOME regulations, and all COUNTY regulations and ordinances.
Nothing contained herein shall relieve the AWARDEE of any responsibility as provided under this Agreement.
Section XI- Equal Employment Opportunity
During the performance of this contract, the AWARDEE agrees as follows:
A, The AWARDEE will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin(s), The AWARDEE will take affirmative action to ensure the applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion, sex or national
origin(s), Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation;
and selection fortraining, including apprenticeship. The AWARDEE agrees to post in conspicuous places, available
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to employees and applicants for employment, notices to be provided by the contracting officer of the COUNTY
setting forth the provisions of this nondiscrimination clause,
B. The AWARDEE will, in all solicitations or advertisements for employees placed by or on behalf of the AWARDEE,
state that all qualified appiicants will receive consideration for employment without regard to race, color, religion, sex,
or national origin,
C, The AWARDEE will send to each labor union or representative of workers with which has a collective bargaining
agreement or other contract or understanding, a notice to be provided by the COUNTY's contracting officer, advising
the labor union or worker's representative of the AWARDEE's commitments under Section 202 of Executive Order
No, 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
D. The AWARDEE will comply with all provisions of Executive Order 11246 of September 24,1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
E. The AWARDEE will furnish all information and reports required by Executive Order 11246 of September 24,1965,
and by the ruies, regulations, and orders of the Secretary of Labor, or pursuantthereto, and will permit access to tts
books, records, and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and order.
F. In the event the AWARDEE is found to be in noncompliance with the nondiscrimination clauses of this contract or
with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in
part and the AWARDEE may be declared ineligible for further Government contracts in accordance wtth procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of
the Secretary of Labor or as otherwise provided by law,
G. The AWARDEE will include the provisions of paragraphs (al through (g) of this agreement in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuantto section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor, The AWARDEE will take such action with respectto any subcontract orpurchase order as
the AGENCY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event the AWARDEE becomes involved in, or is threatened with litigation with a subcontractor
or vendor as a result of such direction by the AGENCY, the AWARDEE may request the United States to enter into
such litigation to protect the interest of the United States.
Section XII- Labor, Training & Business Opportunity
The AWARDEE agrees to comply with the federal regulations governing training, employment and business
opportunities as follows:
A, It is agreed that the WORK to be performed under this agreement is on a project assisted under a program
providing direct Federal financiai assistance from the US Department of Housing and Urban Development 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 u, as well as any and all applicable amendments thereto. Section 3 requires that, to the greatest extent
feasible, opportunities for training and employment be given low and moderate income residents of the project area,
and that contracts for work in connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the project area,
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B, The AWARDEE shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by
the Secretary of Housing and Urban Development set forth in 24 Code of Federal Regulations and all applicable
rules and orders of the AGENCY of Housing and Urban Development issued thereunder as well as any and all
applicable amendments thereto prior to the execution of this contract as well as during the term of this contract, The
AWARDEE certifies and agrees that it Is under no contractual or other disability, which would prevent it from
complying with these requirements as well as any and all applicable amendments thereto.
C, The AWARDEE will inciude this Section 3 clause in every subcontract for work in connection with the project and
will, at the direction of the COUNTY, take appropriate action pursuant to the subcontractor upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, in 24 Code
of Federal Regulations, The AWARDEE will not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found In violation of regulations under 24 code of Federal Regulations and will
not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply
with these requirements as well as with any and all applicable amendments thereto,
D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal Regulations and all
applicable rules and orders of the AGENCY of Housing and Urban Development issued thereunder prior to the
execution of the contract shall be a condition precedent to federal financial assistance being provided to the
PROJECT as well as a continuing condition, binding upon the applicant or recipient for such assistance, its
successors, and assigns, Failure to fulfill these requirements shall subject the AWARDEE or recipient, its
contractors and subcontractors, its successors, and assigns to those sanctions specified by 24 Code of Federal
Regulations as well as with any and all applicable amendments thereto,
Section XIII - Compliance with Federal, State & Local Laws
The AWARDEE covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and
regulations of the state local and federal governments, and all amendments thereto, including, but not limited to; Title 8 of
the Civil Rights Act of 1968 PL,90.284; Executive Order 11 063 on Equal Opportunity and Housing Section 3 ofthe Housing
and Urban Development Act of 968; Housing and Community Development Act of 1974, as well as all requirements set
forth in 24 CFR 92 of the HOME INVESTMENT PARTNERSHIP PROGRAM, The AWARDEE covenants and warrants
that it will indemnify and hold the COUNTY forever free and harmless with respect to any and all damages whether directly
or indirectly arising out of the provisions and maintenance of this contract.
The AWARDEE agrees to comply with all applicable standards, orders, or requirements issued under section 306 of
the Clean Air Act (42 U,S,C, 1857(h)), section 508 of the Clean Water Act (33 U,S,C, 1368). Executive Order 11738,
and Environmental Protection Agency regulations (40 CFR part 15),
The AWARDEE further warrants and agrees to include or cause to be included the criteria and requirements of this section
in every non.exempt subcontract in excess of $100,000, The AWARDEE also agrees to take such action as the federal,
state or local government may direct to enforce aforesaid provisions,
Section XIV - Suspension & Termination
In accordance with 24 CFR 85.43, suspension or termination may occur if the AWARDEE matenally fails to complyw~h any
term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44,
If, through any cause, the AWARDEE shall fail to fulfill In timely and proper manner its obligations under this contract, or if
the AWARDEE shall violate any of the covenants, agreements, or stipulations of this contract, the COUNTY shall thereupon
have the right to terminate this contract by giving written notice to the AWARDEE of such termination and specifying the
effective date thereof, at least five (5) days before the effective date of such termination. In such event, the AWARDEE
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1
shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of
said termination, Notwithstanding the above, the AWARDEE 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 AWARDEE and the COUNTY may withhold any
payments to the AWARDEE for the purpose of setoff until such time as the exact amount of damages due the COUNTY
from the AWARDEE is determined whether by court of competent jurisdiction or otherwise.
Section XV - Termination for Convenience of the COUNTY
The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing
to the AWARDEE, If the contract is terminated by the COUNTY, as provided herein, the COUNTY will reimburse for any
actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down lt1e
work as of the date of notice, and the AWARDEE will be paid as a FEE an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total service of the AWARDEE covered by this contract,less
payments of compensation previously made, Claims and disputes between the parties will be submitted to the American
Arbitration Association for resolution, Award or judgment may be entered in any court having jurisdiction thereof.
Section XVI- Default,Loss of Grant Funds
If the AWARDEE fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the
agreement, and more particularly if the AWARDEE refuses or fails to proceed with the work with such diligence as will
insure its completion within the time fixed by the schedule set forth in SECTION II of this agreement, the AWARDEE shall
be in default and notice in writing shall be given to the AWARDEE of such default by the AGENCY or an agent of the
AGENCY. If the AWARDEE fails to cure such default within such time as may be required by such notice, the COUNTY,
acting by and through the AGENCY, may at its option terminate and cancel the contract.
In the event of such termination, all grantfunds awarded to the AWARDEE pursuantto this agreement shall be immediately
revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled, In such event,
the AWARDEE will no longer be entitled to receive any compensation for work undertaken after the date olthe termination
of this agreement, as the grant funds will no longer be available for this project.
Such termination shall not effect or terminate any of the rights of the COUNTY as against the AWARDEE then existing, or
which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and
remedies available to the COUNTY under the law and the note and mortgage (if in effect), including but not limited to
compelling the AWARDEE to complete the project in accordance with the terms of this agreement, in a court of equity,
The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiverof any subsequent breach of
the same or any other term, covenant, or condition hereof,
Section XVII - Reporting Responsibilities
The AWARDEE agrees to submit any and all MONTHLY reports required by HUD or the COUNTY to the AGENCY,
The AGENCY will send the AWARDEE one reminder notice if the MONTHLY report has not been received fourteen (14)
days after the due date, If the AWARDEE has not submitted a report fourteen (14) days after the date on the reminder
notice, the COUNTY will have the option to terminate the contract as described in this agreement. In addition, the
AWARDEE agrees to provide the AGENCY information as required to determine program eligibility, in meeting national
objectives, and financial records pertinent to the project. Additional reporting requirements are included as ATTACHMENT
-8-,
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Section XVIII- Inspection, Monitoring & Access to Records
The COUNTY reserves the right to inspect, monitor, and observe work and services performed by the AWARDEE at any
and ali reasonable times,
The COUNTY reserves the right to audit the records of the AWARDEE any time during the performance of this Agreement
and for a period of five years after final payment is made under this Agreement.
If required, the AWARDEE wili provide the AGENCY with a certified audit of the AWARDEE's records representing the
Fiscal Year during which the PROJECT becomes complete whenever the amount iisted in SECTION VII is at or exceeds
$300,000, pursuant to the requirements of OMB Circular A.133,
Access shali be immediately granted to the COUNTY, HUD, the Comptrolier General of the United States, or any of their
duly authorized representatives to any books, documents, papers, and records of the AWARDEE or its contractors which
are directiy pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
Section XIX - General Conditions
A. AIi notices or other communication which shall or may be given pursuant to this Agreement shali be in writing and
shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated
herein or as the same may be changed from time to time, Such notice shali be deemed given on the day on which
personaliy served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier,
COUNTY :
Coliier County
Operational Support and Housing Department
2800 North Horseshoe Drive Suite 400
Naples, FL 34104
AWARDEE:
Collier County Housing Development Corp,
895 10th St South Suite 202C
Naples, FL 34102
Attention: Kathy Patterson
B. Title and paragraph headings are for convenient reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached
documents, the terms in this Agreement shali rule.
0, No waiver or breach of any provision of this Agreement shali constitute a waiver of a subsequent breach of the
same or any other provision hereof, and no waiver shali be effective uniess made in writing,
E, The parties hereto agree that this Agreement shali be construed and enforced according to the iaws of the State of
Florida,
F. Should any provisions, paragraphs, sentences, words or phases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, iliegal or otherwise unenforceable under the laws of the State of Florida
or Coliier County such provisions, paragraphs, sentences, words or phrases shali be deemed modified to the extent
necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shali be
deemed severable, and in either event, the remaining terms and provisions of this Agreement shali remain
unmodified and in fuli force and effect.
G. The AWARDEE shali comply with the provisions of the Copeland Anti.Kick.Back Act (18 U,S,C, 874) as
supplemented in the Department of Labor Regulations (29 CFR Part 3), as amended,
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H. The AWARDEE shall comply with the provisions of sections 103 and 107 of the Contract Work Hours and Safety
Standard Act (40 U.S.C, 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5), as
amended,
I. The AWARDEE further warrants and agrees to include or cause to be included the criteria and requirements of
paragraphs (G) through (H) of this section in every nonexempt subcontract. The AWARDEE also agrees to
take such action as the federal, state or local government may direct to enforce aforesaid provisions,
J, The obligations undertaken by AWARDEE pursuant to this Agreement shall not be delegated or assigned to any
other person or agency unless COUNTY shall first consent to the performance or assignment of such service or any
part thereof by another person or agency,
K. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and
assigns,
L. AWARDEE shall indemnify and save COUNTY harmless from and against any negligent claims, liabilities, losses
and causes of action which may arise out of AWARDEE's activities under this Agreement, including all other acts or
omissions to act on the part of AWARDEE, inciuding any person acting for or on its behalf, and, from and against
any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses
and liabilities incurred in the defense of any such claims, or in the investigation thereof.
M, AWARDEE and its employees and agents shall be deemed to be independent contractors, and not agents or
employees of the COUNTY, and shall not attain any rights or benefits under the civil service or pension ordinances
of the COUNTY, or any rights generally afforded classified or unclassified employee; further they shall not be
deemed entitled to state Compensation benefits as an employee of the COUNTY.
N, Funding for this Agreement is contingent on the availability of funds and continued authorization for program
activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds,
and/or change in regulations,
Remainder Intentionally Left Blank
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ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the
entire understanding, The parties hereby acknowledge that there have been and are no representations, warranties,
covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this /lft6. day of /)p I? /l1 b.ef
,2005,
(SUBRECIPIENT SEAL)
(Optional)
COLliER COUNTY HOUSING DEVELOPMENT
CORPORATION
BY:~ ;J~~
KA HY PATTERSON
EXECUTIVE DIRECTOR
./
DATE: /J-Ir(-OS
COLliER COUNTY, FLORIDA
Je A. latzkow
Ass ant ounty Attorney
EPH K, SCHMITT. ADMINIS
MMUNITY DEVELOPMENT &
NVIRONMENT AL SERVICES
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"ATTACHMENT A"
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to FAH staff by the 10t. of the following month.
Status Report for Month of
Submittal Date:
Project Name
Project Number
Activity Number
Sponsor:
Contact Person
Telephone:
Fax:
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. What events/actions are scheduled for the next two months?
6. 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.
7, List any additional data relevant to the outcome measures listed on the application
for this project.
8. New leases executed this month (if applicable):
Security Deposit
Utility Deposit
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Name of Applicant
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:
TOTAL BENEFICIARIES
This project benefits
"households" or "persons"}.
households or persons, Please circle one category (either
Enter the number of 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 (MFI), Enter this number in box "3."
Of these households or persons assisted, are low income (51-80%) of the current
Median Family Income (MFI), Enter this number in box "4,"
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted
this number in box "5" below,
Female Head of Households REGARDLESS of income. Enter
BOX 1 BOX 2 BOX 3 BOX4 BOX5
Total Number of Extremely Very Low Income Female Head of
Households or Persons LO'N Income Low Income (51-80%) Household
Assisted (0-30%) (31-50%)
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Sponsor must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle
East, or North Africa.
2, Black or African-American: A person having origins in any of the black racial groups of
Africa,
3. Asian: A person having origins in any of the original peoples of the Far East,
Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India,
Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam,
4, American Indian or Alaska Native: A person having origins in any of the original
peoples of North and South America (including Central America), and who maintains tribal
affiliation or community attachment.
5, Native Hawaiian or Other Pacific Islander: A person having origins in any of the
original people of Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central
American, or other Spanish culture or origin, regardless of race,
Tabulation Table of Race and Ethnicity Beneficiaries
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 Black/African
American
Other Multi-Racial
TOTAL:
Cirrus Pointe Land Acquisition CHDO Agreement
Page 16 of 16
80 ..
"ATTACHMENT B"
COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING
HOME REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:
Collier County Housinll Development Corooration
Subrecipient Address: 895 10th Street. Suite 202C. Naples. FL 34102
Project Name: HOME - CHDO - CIRRUS POINTE
Project No: HM 05-02 & 06 Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1, Grant Amount Awarded
$
$320,000
2, Sum of Past Claims Paid on this Account $
3, Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4, Amount of Previous Unpaid Requests $
5. Amount of Today's Request $
6. Current Grant Balance (Initial Grant
Amount Awarded Less Sum of all
Requests) $
7, If applicable amount held as retain age to
date by the County, if not retained by $
the sub-recipient.
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 as the Sub-recipient. I also certify that
the amount of the Request for Payment is not in excess of current needs.
Date
Signature
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
Cirrus Pointe Land Acquisition CHDO Agreement
Page I70f17
aa
I
RESOLUTION NO. 2005 - ~
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2005-2006
COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR
53,524,802 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY
SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD
CERTIFICATIONS, APPROVING EXECUTION OF SUB-RECIPIENT
AGREEMENTS BY CDES DMSION ADMINISTRATOR, AND TRANSMITfAL
TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE.
i
WHEREAS, the United States Department of Housing and Uman Development
(hereinafter HUD) in 24 C,F,R, 91 requires a Consolidated Plan One-Year Action Plan to be
developed to represent a submission for planning and funding for Community Development
Block Grant (CDBG), HOME Investment Partnersbips (HOME) and Emergency Shelter Grant
WHEREAS, the overall goal of the community planning and development programs
covered by this plan is to develop viable communities by providing decent, affordable housing, a
"f!llitable living environment and expandiI1g economic. opportunities principally for low and
WHEREAS, the Fiscal Year 2005-2006 Consolidated Plan One-Year Action Plan was
'developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted
,
WHEREAS, the FY 2005-2006 Consolidated Plan One-Year Action Plan will serve as:
',l'lanning document for Collier County, and an application for federal funds under the U. S,
ent of Housing and Urban Development (HUD) formula grant programs, a strategy to be
-
ed in carrying out the HUD programs, and an action plan that provides a basis for
performances;
'NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
SIONERS OF COLLIER COUNTY, FLORIDA, THAT:
The Board of County Commissioners of Collier County approves the Fiscal
Year 2005-2006 Consolidated Plan One- Y ear Action Plan for the CDBG,
HOME and ESG Programs, which is attached and incorporated herein by.
reference, and authorizes the DQIlartment of Financial Administration and
Housing (FAR) to transmit the Plan 10 the proper funding authority and take
Pase Df3
gO -
all necessary actions for implementation of the CDBG, HOME and ESG
programs.
2. The Chainnan of the Board of County Commissioners is authorized to
execute certifications pertaining to the Consolidated Plan One-Year Action
Plan on behalf of the County.
Section 4.0 of the One-Year Action Plan sets forth the dollar amounts
estimated for each Activity to be funded by the CDBG, HOME and ESG
Programs. A copy of the proposed Activities and total CDBG, HOME and
ESG funding is set forth in Exhibit "A", attached and incorporated by
reference. Accordingly, the individual Activity's Sub-Recipient Agreement
for all CDBG, HOME and ESG projects will be subsequently entered into on
behalf of Collier County and each such Agreement is hereby acknowledged
as providing for a valid public and County purpose. Based on these findings,
the Community Development and Environmental Services Administrator is
u, ,.nthn,.;.NI.. to execute the CDBG, HOME, and ESG,~
AgreemenlS to implement each such Activity, so long as: I) each such Sub-
Recipient Agreement conforms to the format of the attached blank forms,
Exhibit "W' and "C", adopted and incorporated by reference, and 2) the dollar
amount of each Activity and corresponding Sub-Recipient Agreement is
consistent with targeted areas outlined in the One-Year Action Plan Section
4.0, referenced above. The Community Development and Environmental
Services Administrator, or his designee, is authorized t? amend all Sub-
Recipient Agreements adopted in accordance with the FY 2001-2006
Consolidat(:d Plan and HUD regolations, as needed, in order to further the
goals of the CDBG, HOME and ESG federally funded programs.
SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held to be invalid or unconstitutional by any court of competent
juriadiction, then said bolding shall in no way affect the validity of the
remaining portions of this Resolution.
EFFECTIVE DATE. This Resolution shall become effective upon adoption
by a majority vote of the Board of County Commissioners.
....
Page of 3
This Resolution adopted this
vote favoring same.
Patrick. ite
Assistant County Attorney
,::j
/. ~ of April 2005, after motion, second and majority
80
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~W. ~
FRED W. COYLE, CH AN
....
"au 01 fLOFlILll<
County of COLLIER
/
Page of 3
8 0
1\
t
Memorandum
To:
Patricia Morgan, Supervisor
Clerk of Courts - Minutes and Records
From:
Nancy Mesa - Grants Support Specialist
Date:
November 22, 2005
Re:
Subrecipient Agreement
CDBG FY 2005 - 2006 -Immokalee Non-Profit Housing, Inc.
Subject:
Attached please find the original subrecipient agreement between Collier County and Immokalee
Non.Profit Housing, Inc. for CDBG funding in the amount of $ 218,600.00 toward a program that will
provide up to 40 permanent air conditioning and heating units. The units will be installed in the
homes of Income EHgible Households in Sanders Pines, Immokalee, Florida. The installation of
these units will reduce out-of-pocket utility expenses for tenants, improve the Hving conditions of
residents, as well as reduce health threats from mold and mildew.
This was included in the County's ConsoHdated Plan One.Year Action Plan FY 2005-2006 as
approved by the BCC on April 12, 2005 -Item 80.
The account string for this grant is 121.138755-882100.345151.
Please call me at 659.5770 If you have any questions.
Thank you.
'J~/~
Cc: Kelly Jones, Senior Accountant. Clerk's Finance
Marlene Foord, Grant Coordinator. Administrative Services Division
Gwen Butler, Operations Manager - Purchasing
File
Department of Financial Administration and Housing
Community Development and Environmental Services Division
8 0
AGREEMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE NON-PROFIT HOUSING, INC
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-05-UC-12-0016
THIS AGREEMENT, is entered into this :;) J Sf- day of M1r- 11"1" 2<!2.J by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the
Immokalee Non-Profit Housing, Inc., a private not-for-profit corporation existing under the laws of the State
of Florida. having its principal office at 2449 Sanders Pines Circle, Immokalee, FI 34142, and its Federal Tax
Identification number as 59-2716833, hereinafter referred to as "SUBRECIPIENT."
WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2005-2006 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-2006 for the CDBG Program by
Resolution on Apri112, 2005, including the use of this standard form Agreement; and
Immokalee Non-Profit Housing Inc.
Page 1 of22
8 0
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-2006 for the CDSG Program
and the use of the CDSG funds for the activities identified in the Plan; and
WHEREAS, COUNTY, and lmmokalee Non-Profit Housing desires to provide the activities specified in Part
II of this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, COUNTY desires to engage Immokalee Non-Profit Housing, Inc to implement such
undertakings of the Community Development Block Grant (CDSG) 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:
I. DEFINITIONS
(I) "County" means Collier County, and where applicable, its authorized representative(s).
(2) "CDSG" means the Community Development Block Grant Program of Collier County.
(3) "Housing and Grants Department" means the Housing and Grants Department of Collier
County.
(4) "SUSRECIPIENT" means Immokalee Non-Profit Housing,
(5) "Housing and Grants Department Approval" means the written approval of the Housing and
Grants 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".
II. SCOPE OF SERVICES
The SUSRECIPIENT shall, in a satisfactory and proper manner, as determined by Housing and Grants
Department staff, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall
submit each request for reimbursement using Exhibit "S" along with the monthly submission of Exhibit "C,"
all of which are attached hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
Immokalee Non-Profit Housing Inc.
Page 2 of22
8 D
timely release of funds for this project by HUD under Grant No. B-05-UC-12-0016. 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 June 30, 2006. 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 SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an
amount not to exceed $218,600, for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUB RECIPIENT 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
All notices required to be given under this Agreement shall be sufficient when delivered to the Housing and
Grants Department at its office, presently located at 2800 N Horseshoe Drive, Suite 400, 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.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED 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 the Housing
and Grants Departments Policies and Procedures memoranda. The Federal, State, and County
laws, ordinances and codes are minimal regulations supplemented by more restrictive
guidelines set forth by the Housing and Grants Department. No payments will be made until
approved by the Housing and Grants Department staff or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notifY Housing and Grants Department staff in writing within thirty
(30) days of receiving notification from the funding source and submit a cost allocation plan
for approval by the Housing and Grants Department or designee within forty-five (45) days of
said official notification.
Immokalee Non-Profit Housing Inc.
Page 3 of 22
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B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULA nONS 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,
L 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
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
Immokalee Non-Profit Housing Inc.
Page 4 of 22
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17. 29 CFR Parts 3, 5 and Sa - 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.
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 Granted Administration
Procedures. These replace OMB Circular A-102. 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-I 10 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-102 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
Immokalee Non-Profit Housing Inc.
Page 5 of22
8 D
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 SUB RECIPIENT to Housing and Grants Department for its review and
approval, which will specifically include a determination of compliance with the terms of the
attached Work Program set forth in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department 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 Housing and Grants 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 Collier County. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the County and
signed by each Party's authorized representatives.
E. INDEMNIFICA nON
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 claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the
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.
Immokalee Non-Profit Housing Inc.
Page 6 of22
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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 Housing and Grants Department in all publications and publicity. In addition, the
SUBRECIPIENT will make a good faith effort to recognize Housing and Grants Department's
support for all activities made possible with funds made available under this Agreement.
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 the Housing and Grants Department or the County. In the event of termination, the
SUB RECIPIENT shall not be relieved of liability to the County for damages sustained by the
County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may
withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact
amount of damages due to the County from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
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 SUB RECIPIENT 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 specifies.
H. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk
Management Department, in cooperation with the Housing and Grants 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 any
Immokalee Non-Profit Housing Inc.
Page 70f22
8 D
insurer providing coverage because of its poor financial condition or failure to operate legally.
I. INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT 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 REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -102 (Grants and Cooperative
Agreements with State and Local Governments) and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
B. DOCUMENTATION AND RECORD-KEEPING
1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the County by the SUB RECIPIENT at any
time upon request by the County or the Housing and Grants Department. Upon
completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to the Housing and Grants
Department if requested. In any event the SUB RECIPIENT shall keep all documents
and records for three (3) 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).
4. SUBRECIPIENT shall submit monthly beneficiary reports to the Housing and Grants
Department 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.
Immokalee Non-Profit Housing Inc.
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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-J02, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
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. ADDlTlONAL HOUSING AND GRANTS DEPATMENT, COUNTY, AND HUD
REQUIREMENTS
Housing and Grants Department 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 the Housing and Grants Department, the County, or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the Housing and Grants
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 $1 ,000 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
(1) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the Housing and Grants Department,
the County, HUD, or the Comptroller General of the United States may deem necessary, there
shall be made available by the SUBRECIPIENT to the Housing and Grants Department, the
County, 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.
Immokalee Non-Profit Housing Inc.
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H. PROGRAM-GENERATED INCOME
All income earned by the SUB RECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to the Housing and Grants Department. Such
income would include, but not be limited to, income from service fees, sale of commodities,
and rental or usage fees. The SUB RECIPIENT shall report its plan to utilize such income to
the Housing and Grants Department, and said plan shall require the prior written approval of
the Housing and Grants Department or designee. AccoWIting and disbursement of such income
shall comply with OMB Circular A-102 (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 CDBG
fWIds may be retained by the Agency. Program Income shall be utilized to WIdertake 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 SUBRECIPIENT 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 SUBRECIPIENT requests to utilize
WIcommitted funds.
L GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end WItil 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,
WIspent cash advances, program income balances, and receivable accoWIts to the COUNTY),
and determining the custodianship of records.
IX. OTHER PROGRAM REOUlREMENTS
A. OPPORTIJNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the groWId of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination WIder any activity carried out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COWIty 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 the
Section 3 Clause of the Housing and CommWIity Development Act of 1968.
Immokalee Non-Profit Housing Inc.
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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 CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be 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 through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to the Housing and Grants
Department upon Housing and Grants request.
D. EV ALUA nON AND MONITORING
The SUB RECIPIENT agrees that the Housing and Grants Department will carry out periodic
monitoring and evaluation activities as determined necessary by Housing and Grants
Department or the County and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The SUBRECIPIENT agrees to furnish upon request to the Housing and Grants
Department, the County or the County's designees and make copies or transcriptions of such
records and information, as is determined necessary by Housing and Grants Department or the
County. The SUBRECIPIENT shall, upon the request of the Housing and Grants Department,
submit information and status reports required by Housing and Grants Department the County
or HUD on forms approved by Housing and Grants Department to enable Housing and Grants
Department to evaluate said progress and to allow for completion of reports required of
Housing and Grants Department by HUD. The SUBRECIPIENT shall allow Housing and
Grants Department staff or HUD to monitor the SUB RECIPIENT on site. Such site visits may
be scheduled or unscheduled as determined by the Housing and Grants Department or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would contlict in any manner or
degree with the performance of this Agreement and that no person having any contlict of
Immokalee Non-Profit Housing Inc.
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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
the Housing and Grants Department 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 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 F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REQUIREMENTS
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:
I. 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, subgrants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUBRECIPIENTS shall certifY and disclose accordingly.
I. REAL PROPERTY
Immokalee Non-Profit Housing Inc.
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Any real property acquired by the SUB RECIPIENT 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 SUBRECWIENT control,
which is acquired or improved in whole or part with CDBG funds, must adhere to the CDBG
Regulations at 24 CFR 570,505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
L 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 (EP A) 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 of
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
Immokalee Non-Profit Housing Inc.
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8 D
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.
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
will be covered by the regulations 24 CFR Part 570.503(B)(8).
XIIL CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
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, warranties, covenants, or undertakings other than those expressly set forth herein.
Immokalee Non-Profit Housing Inc.
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sl- M
WI1NESS our Hands and Seals on this OJ J day of I )f":w. 1. 1': f
(SUBRECIPIENT SEAL)
roved as to form and
gas 1.~
Patrick G. White
Assistant County Attorney
,20 05
lNG, INC.
CARL J. KUEHNER, CHAIRMAN
COLLIER COUNTY, FLORIDA
J
H K. SCHMITT, ADMINISTRATOR,
8 D
C MMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES
Page 15 of22
Immokalee Non-Profit Housing Inc.
8 D
EXHIBIT" A"
SCOPE OF SERVICES
IMMOKALEE NON-PROFIT HOUSING. INC.
L THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
This program will provide up to 40 permanent air conditioning and heating units, sufficient in size to
cool and heat, an average I, 000 square foot apartment with 24,000 BTU's of cooling and 17,000
BTU's of heat. The units will be installed in the homes of Income Eligible Households in Sanders
Pines, Immokalee Florida. The installation of these units will reduce out-of-pocket utility expenses for
tenants, improve the living conditions of residents, as well as reduce health threats from mold and
mildew. The grant will cover the purchase of the units, the replacement of glass/window frame or the
replacement and repair of windows, the cost of wiring the air handler and condensing unit, including
an exterior disconnect for the condenser, and the construction of up to 40 concrete pads for the
condensing units.
The subrecipient will be responsible for the following:
a. Monitoring of reduction of electricity costs for tenants at the initial start of project,
then provide a comparison exactly one year later.
b. The submittal of initial readings for electricity at the start of the project, and
readings one year later.
c. The creation and maintenance of income eligible files on the clients served and
proof that all are eligible under HUD income guidelines. A letter stating that all
residents of Sanders Pines meet the HUD household/income eligibility criteria must
be submitted prior to November 30, 2005.
d, Submission of documentation of match funds listed under Budget in Section C.
e. Submission of listing of staffing in section D prior to first request of payment.
f. Posting of visible signage at the work site identifYing the funding source as
mentioned in section VII part F.
g. Submission of request for payment along with supporting documentation for
payment of services
h. Shall obtain a minimum of three bids, as well as provide the Housing and Grants
Department with a copy of contracts, which will include installation and
maintenance information for main contractor chosen, along with any sub-
contractors.
The subrecipient will be responsible for providing supporting documentation for services when a
request for payment is made to the Housing and Grants Department.
NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to the
Housing and Grants Department and obtain a letter of approval prior to bidding the construction work.
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NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner 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.
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. All construction work shall
be included in one contract. The SUBRECIPIENT shall obtain Housing and Grants Department
approval prior to awarding the construction contract to be funded through this agreement. After
awarding such contract the SUBRECIPIENT shall obtain the Housing and Grants Departments
approval prior to executing any change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request reimbursement from the Housing and Grants
Department 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.
Participant Selection:
I. The anticipated annual household income of the participant shall be verified and not exceed the
income limits as mandated by the U.S. Department of Housing and Urban Development
(HUD).
2. The SUB RECIPIENT shall submit its forms/documents for income eligibility determination to
the Housing and Grants Department and obtain a letter of approval prior to administrating the
project.
3. The SUBRECIPIENT shall submit its federally funded bid and contracting process
information.
The SUB RECIPIENT further agrees that the Housing and Grants Department, in consultation with any
parties Housing and Grants Department deems necessary, shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
B. BUDGET:
Line Item:
CDBG Funds
Other
Purchase and Installation of up to 40 HV AC
Systems with a SEER rating of 13
Replacement of glass/window frames
or replacement/repair of windows.
Wiring the Air Handler and Condensing
Unit including an exterior disconnect for the
Condenser and the construction of
concrete pads for each condensing unit.
Removal and disposal of existing HV AC
Unit.
$218,600.00
$8,000.00
TOTAL
$226,600.00
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C. STAFFING: Provide list of staff and time cornmitments to be allocated to each activity specified in A
(Project Scope) and B (Budget) above, if applicable.
D. ASBESTOS REOUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors'
compliance, with all applicable requirements for construction work in connection with the Project
funded through this Agreement.
E. DAVIS-BACON ACT: The SUBRECIPIENT shall request the Countv to obtain a Davis-Bacon wage
decision for the proiect prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copv of the Davis-Bacon wage decision and disclose the reouirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract( s ).
F. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements ofOMB
Circular A-102 (Uniform Administrative Requirement for Federal Grants to State and Local
Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment
bonds.
G. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such
retainages until it has obtained approval from the County that the contractor and subcontractors have
complied with the requirements of the Davis-Bacon Act.
H. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
1. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Fifty (50) percent of the funding must be expended by April I, 2006. The time frame for completion
of the outlined activities shall be June 15,2006.
Please note that if any of these activities exceed the timeline by two months a revised work schedule
must be submitted to the Housing and Grants Department.
J. REPORTS: The SUBREClPIENT shall submit detailed monthly progress reports to the Housing and Grants
Department outlining the status of specific activities under the project Each report must account for the total
activity for which the SUBREClPIENT is reimbursed with CDBG funds, in part or in whole, and which is
required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the
form of a narrative. The progress reports shall be used as an additional basis for the Housing and Grants
Department's approval of invoices, etc. for reimbursement
Immokalee Non-Profit Housing Inc.
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EXHIBIT "8"
COLLIER COUNTY HOUSING AND GRANTS DEPARTMENT
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Immokalee Non-Profit Housing, Inc.
Subrecipient Address: 2449 Sanders Pines Circle Immokalee, FI 34142
Project Name: Sanders Pines
Project No:
CD05-12
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$_$218,600.00
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 (Initial Grant
Amount Awarded Less Sum of all
Requests)
$
7. If applicable amount held as retainage to
date by the County, if not retained by
the sub-recipient.
$
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 as the Sub-recipient. I also certifY that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Director
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EXHIBIT "COO
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing and Grants Department staff by
the ulh ofthefollowing month.
Status Report for Month of lmmokalee Non-Profit Housing, Submittal Date:
Project Name
Sanders Pines
Project Number CD05-12
Activity Number
Subrecipient:
lmmokalee Non-Profit Housing
Contact Person
Telephone:
Fax:
E-mail:
1. Activity StatuslMilestones (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.
lmmokalee Non-Profit Housing Inc.
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6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ID (see (see
Number Number definitions on definitions on
page 3) page 3)
6. 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:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category
(either "households" or "persons"). Enter the number of beneficiaries in the blank space
and in box "I."
INCOME
Of the households or persons assisted, are extremely low-income income (0-
30%) of the current Median Family Income (MFI). Enter this number in box "2,"
Of the households or persons assisted, are very low-income (31-50%) of the
current Median Family Income (MFI). Enter this number in box "3. "
Of these households or persons assisted, are low income (51-80%) of the
current Median Family Income (MF)). Enter this number in box "4, "
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income.
Enter this number in box "5" below.
BOX 1 BOX 2 BOX 3 BOX 4 BOX 5
Total Number of Extremely Very Low Income Female Head of
Households or Persons Low Income Low Income (51-80%) Household
Assisted
(0-30%) (31-50%)
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Subrecipients 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. Black or African-American: A person having origins in any of the black racial
groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East,
Southeast Asia, or the Indian subcontinent including, for example, Cambodia,
China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands,
Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the
original peoples of North and South America (including Central America),
and who maintains tribal affiliation or community attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of
the original people of Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
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 Ethnicitv 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 Black! African American
Other Multi-Racial
TOTAL:
Immokalee Non-Profit Housing Inc.
Page 22 of22
r 80
'"
~
,.1
Memorandum
To:
Patricia Morgan, Supervisor
Clerk of Courts - Minutes and Records
From:
Nancy Mesa - Grants Support Specialist
Date:
December21,2005
Subject:
Subrecipient Agreement
Re:
CDBG FY 2005 - 2006 -Immokalee Senior Housing, L TO
Attached please find the original subrecipient agreement between Collier County and Immokalee
Senior Housing, Ltd. for CDBG funding in the amount of $ 200,000.00 toward a program that will
enable them to construct thirty (30) new one. and two.bedroom rental units targeted to very low.
income elderly residents.
This was included in the County's Consolidated Plan One-Year Action Plan FY 2005-2006 as
approved by the BCC on April 12, 2005 -Item 80.
The account string for this grant is 121.138755-882100.345151.
Please call me at 659.5770 if you have any questions.
Thank you,
Cc: Kelly Jones, Senior Accountant - Clerk's Finance
Marlene Foord, Grant Coordinator. Administrative Services Division
Gwen Butler, Operations Manager - Purchasing
File
Department of Financial Administration and Housing
Community Development and Environmental SeTVices Division
81J
w'
AGREEMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE SENIOR HOUSING, LTD
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-05-UC-12-0016
THIS AGREEMENT, is entered into this Jqli day of ~M6"r 20Q{' by and between Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and Immokalee
Senior Housing, Ltd., a private, limited partnership, having its principal office at 170 East Center Street,
Marion, Ohio 43301-1806, and its Federal Tax Identification number as 86-1055048, hereinafter referred to
as "SUBRECIPIENT."
WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-2006 for the CDBG Program by
Resolution 2005-157 on April 12, 2005, including the use of this standard form Agreement; and
Immokalee Senior Housing, Ltd.
Page 1 of 28
80
'.~'
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-2006 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUB RECIPIENT desire to provide the activities specified in Part II of
this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUB RECIPIENT to implement such undertakings of the
Community Development Block Grant (CDBG) Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
I. DEFINITIONS
(I) "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) "Housing & Grants" means the Housing & Grants Department of Collier County.
(4) "SUBRECIPIENT" means Immokalee Senior Housing, Ltd.
(5) "Housing & Grants Approval" means the written approval of the Housing & Grants
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",
II. SCOPE OF SERVICES
The SUB RECIPIENT shall, in a satisfactory and proper manner, as determined by Housing & Grants, 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 and made a part hereof.
IIL 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 HUD under Grant No. B-05-UC-12-0016. 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 funding relating to services
Immokalee Senior Housing, Ltd.
Page 2 of 28
au
required hereunder shall be expended by the SUB RECIPIENT prior to November 30, 2006. 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 SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an
amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) for the services described in
Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUB RECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUB RECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUB RECIPIENT and monitored by the COUNTY,
which shall have access to all records and documents related to the project
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to Housing & Grants
at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the
SUB RECIPIENT when delivered to its office at the address listed on page one (1) 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.
VII. GENERAL CONDITIONS
A. IMPLEMENT A TION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUB RECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in Housing &
Grants Policies and Procedures memoranda. The Federal, State, and County laws, ordinances
and codes are minimal regulations supplemented by more restrictive guidelines set forth by
Housing & Grants, No payments will be made until approved by the Housing & Grants
Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify Housing & Grants in writing within thirty (30) days of receiving
notification from the funding source and submit a cost allocation plan for approval by the
Housing & Grants Department or designee within forty-five (45) days of said official
notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
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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,
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
11. 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
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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.
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 Granted Administration
Procedures. These replace OMB Circular A-102. 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-110 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-102 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
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
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_._--~---,,------_.,._~_..__.._-
aD
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to Housing & Grants for its review and approval, which
will specifically include a determination of compliance with the terms of the attached Work
Program set forth in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department 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 Housing & Grants Department or its
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. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the COUNTY and
signed by each Party's authorized representatives.
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 claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the
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 of
applications thereof, shall apply to the fullest extent permitted by law. The SUB RECIPIENT
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 SUB RECIPIENT will include a reference to the financial support herein
provided by Housing & Grants in all publications and publicity. In addition, the
SUBRECIPIENT will make a good faith effort to recognize Housing & Grant's support for all
activities made possible with funds made available under this Agreement.
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
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80
equipment secured by the SUB RECIPIENT with funds under this Agreement shall be returned
to Housing & Grants or the COUNTY. In the event of termination, the SUB RECIPIENT 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 SUB RECIPIENT, 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 SUB RECIPIENT is determined.
L 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 specifies.
H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
L COMMERCIAL GENERAL LIABILITY
The SUB RECIPIENT 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 ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes ~ 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUB RECIPIENT agrees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUB RECIPIENT 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 ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes ~ 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
SUB RECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention
or uncovered losses. The SUB RECIPIENT agrees this coverage shall be provided on a primary
basis.
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,1i';
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 & Grants Department". 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 SUB RECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with the Housing & Grants 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
any insurer providing coverage because of its poor financial condition or failure to operate
legally.
I. INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT 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 REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENT ATION AND RECORD - KEEPING
1. The SUB RECIPIENT shall maintain all records required by the CDBG Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUB RECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUB RECIPIENT at
any time upon request by the COUNTY or Housing & Grants. Upon completion of all
work contemplated under this Agreement copies of all documents and records relating
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...
to this Agreement shall be surrendered to Housing & Grants if requested. In any event
the SUBRECIPIENT shall keep all documents and records for three (3) years after
expiration of this Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
BUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Grants 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, SUB RECIPIENT 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-II0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference,
D. REPORTS, AUDITS. AND EV ALUA TIONS
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 & GRANTS, COUNTY, AND BUD REOUIREMENTS
Housing & Grants shall have the right under this Agreement to suspend or terminate
reimbursement until the SUB RECIPIENT complies with any additional conditions that may be
imposed by Housing & Grants, the COUNTY, or BUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the Housing & Grants Department
or designee in order to be eligible for reimbursement.
(a) All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of $1,000 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
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programs described in Exhibit A, and
(f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as Housing & Grants, the COUNTY,
HUD, or the Comptroller General of the United States may deem necessary, there shall be
made available by the SUBRECIPIENT to Housing & Grants, the COUNTY, 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 SUB RECIPIENT to submit a single audit, including any
management letter, made in accordance with the general program requirements of OMB
Circulars A-11O (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 Housing &
Grants. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited
financial statements, the SUBRECIPlENT shall request an extension in advance of the
deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the
SUB RECIPIENT is exempt from having an audit conducted under A-l33 (Audits of State,
Local Governments, and 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
SUBRECIPIENT as defined in A-l33, The COUNTY will be responsible for providing
technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to Housing & Grants. Such income would include,
but not be limited to, income from service fees, sale of commodities, and rental or usage fees.
The SUB RECIPIENT shall report its plan to utilize such income to Housing & Grants, and
said plan shall require the prior written approval of the Housing & Grants Department or
designee. Accounting and disbursement of such income shall comply with OMB Circular A-
110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations
incorporated herein by reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG
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 or received by the SUBRECIPIENT 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 SUBRECIPlENT requests to utilize
uncommitted funds.
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L 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 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 CIVIL 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
subjected 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 extent feasible 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 SUB RECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORlTYIWOMEN-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 CDBG areas
designated by the COUNTY in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be 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 through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to Housing & Grants upon
Housing & Grant's request.
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D. EV ALUA TION AND MONITORING
The SUBRECIPIENT agrees that Housing & Grants will carry out periodic monitoring and
evaluation activities as determined necessary by Housing & Grants or the COUNTY and that
the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based
on the terms of this Agreement, comparisons of planned versus actual progress relating to
project scheduling, budgets, audit reports, and output measures. The SUB RECIPIENT agrees
to furnish upon request to Housing & Grants, the COUNTY or the COUNTY's designees and
make copies or transcriptions of such records and information, as is determined necessary by
Housing & Grants or the COUNTY. The SUB RECIPIENT shall, upon the request of Housing
& Grants, submit information and status reports required by Housing & Grants, the COUNTY
or HUD on forms approved by Housing & Grants to enable Housing & Grants to evaluate said
progress and to allow for completion of reports required of Housing & Grants by HUD. The
SUBRECIPIENT shall allow Housing & Grants or HUD to monitor the SUB RECIPIENT on
site. Such site visits may be scheduled or unscheduled as determined by Housing & Grants or
HUD.
E. CONFLICT OF INTEREST
The SUB RECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT, Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to
Housing & Grants 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 in
furtherance hereof, the SUB RECIPIENT 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 F.S, 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REQUIREMENTS
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:
L 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
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80
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, subgrants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUB RECIPIENTS shall certify and disclose accordingly.
1. 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 CPR 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 SUB RECIPIENT control,
which is acquired or improved in whole or part with CDBG funds, must adhere to the CDBG
Regulations at 24 CPR 570,505.
X. ENVIRONMENT AL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
I. Clean Air Act, 41 US.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.P.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
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80
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance.
C. LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint 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 of
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 PRESER V A TION
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.
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUB RECIPIENT 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
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. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-eight (28) enumerated pages, which include the exhibits
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80
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.
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, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this n# day of pea /'l-1 ie/ ,20 tJ~
IMMOKALEE SENIOR HOUSING, LTD
(SUB RECIPIENT SEAL)
) 1" L./ " h," I :
BY: "1..// ' , -&(..1..1.(' 1='"' ..-iLa'"h '-"
CHERY . WICKERSHAM,
ASSISTANT SECRETARY/TREASURER,
UCC XIV, INC., GENERAL PARTNER
COLLIER COUNTY, FLORIDA
B
J SEPH K. SCHMITT, ADMINISTRATOR,
OMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES
Patrick G. hite
Assistant County Attorney
Immokalee Senior Housing, Ltd.
Page 15 of 28
EXHffiIT "A"
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IMMOKALEE SENIOR HOUSING. LTD
SCOPE OF SERVICES
L THE SUBRECIPIENT AGREES TO:
A. PROFESSIONAL SERVICES:
The procurement process of the consultant shall also incorporate any sub-consultants, which shall be
funded as reimbursable under the consultant's contract for services. Reimbursement for sub-
consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as
deemed necessary for the nature of the project.
B. PROJECT SCOPE:
The purpose of this funding is for the infrastructure construction on 2.33 acres in Immokalee, FL to
enable Immokalee Senior Housing, LTD to construct thirty (30) new one- and two-bedroom rental
units targeted to very low-income elderly residents. This is Phase I of a 7.44 acre project. 100% of the
persons or households served will be very low-income persons. Eligible households will earn less than
50% of the HOD Area Median Income, The project will be targeted to very low and low-income
elderly for a minimum of thirty (30) years. The head of the household must be 62 years of age or
older. At the time the units are leased, SUBRECIPIENT shall submit to Housing & Grants a
certification that all tenants meet income qualification.
NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to Housing
& Grants and obtain a letter of approval prior to bidding the construction work.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner 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.
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. All construction work shall
be included in one contract. The SUBRECIPIENT shall obtain Housing & Grants approval prior to
awarding the construction contract to be funded through this agreement. After awarding such contract
the SUBRECIPIENT shall obtain Housing & Grants approval prior to executing any change orders to
such contract,
NOTE 4: The SUBRECIPIENT shall not request reimbursement from Housing & Grants 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,
The SUBRECIPIENT further agrees that Housing & Grants, in consultation with any parties Housing
& Grants deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the
above.
c.
BUDGET:
Line Item:
Clearin~ of Land/Grading
Rough grade site
Earthwork (building Pad)
12" Stabilized Subgrade
CDBG Funds
Other
$ 5,400
$ 8,000
$ 65,093
$ 5,437
Immokalee Senior Housing, Ltd,
Page 16 of28
6" Limerock
Silt Fence
Infrastructure
Landscaping
Sanitary Sewer System
Water System
Storm Sewer
Parking Lot & Drive
Paving
Signage & Striping
Concrete Curbs
Site Lighting
Dumpster pad & fence
Irrigation System
Underground Conduit to transformer
Sidewalk
Building Costs
Land Acquisition
Soft Costs
Subtotal
Total
80
$ 22,047
$ 5,016
$ 77,834
$ 4,892
$ 3,668
$ 30,000
$ 13,477
$ 22,688
$ 3,000
$ 7,730
$ 12,651
$ 2,750
$ 31,570
$ 7,338
$ 7,500
$ 2,250
$ 6,930
$ 1,898,753
$ 86,122
$ 1.438.562
$3,505,219
$200,000
$3,705,219
Any indirect costs charged must be consistent with the conditions of this Agreement If indirect costs
are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for
determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to
Housing & Grants, on behalf of the COUNTY, as the Grantee, for Housing & Grants approval, in a
form specified by Housing & Grants.
D, STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B
(project Scope) and C (Budget) above, if applicable,
E. ASBESTOS REOUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors'
compliance, with all applicable requirements for construction work in connection with the Project
funded through this Agreement
F. 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),
G, BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds,
H. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project, The SUBRECIPIENT agrees not to release such
retainages until it has obtained approval from the COUNTY that the contractor and subcontractors
have complied with the requirements of the Davis-Bacon Act.
1 FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds,
Immokalee Senior Housing, Ltd.
Page 17 of28
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1. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Proiect Tasks
Acquire Property
Secure building permits
Interim Finance closing
Project Completion
Occupancy Certificates
Lease Up
Start Date
Feb 2004
March 2005
March, 2005
March, 2005
May 31,2006
June 30, 2006
End Date
Completed
Completed
March, 2005
February, 2006
May 30, 2006
November 30,2006
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submilled to Housing & Grants.
K REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing &
Grants Department outlining the status of specific activities under the project, Each report must
account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part
or in whole, and which is required in fulfillment of their obligations regarding the Project, The
progress reports should be mainly in the form of a narrative. The progress reports shall be used as an
additional basis for Housing & Grants approval of invoices, etc, for reimbursement The reports shall
be submitted by the lOth day of the month following the reported month, The SUBRECIPIENT shall
submit Rental Certifications on an annual basis for tenant eligibility. The Housing & Grants
Department will inspect the units for compliance with Housing Quality Standards every three years.
Immokalee Senior Housing, Ltd,
Page 18 of28
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1-
Memorandum
To:
Patricia Morgan, Supervisor
Clerk of Courts - Minutes and Records
From:
Nancy Mesa - Grants Support Specialist
Date:
December 21, 2005
Subject:
Subrecipient Agreement
Re:
CDBG FY 2005 - 2006 - Collier County Human Services
Attached please find the original subrecipient agreement between Collier County and Collier
County Human Services for CDBG funding in the amount of $ 85,000.00 toward a program that will
assist income eligible residents of Collier County with access to medical services provided by
physicians in Plan's network and will also provide assistance with prescriptions.
This was included in the County's Consolidated Plan One-Year Action Plan FY 2005-2006 as
approved by the BCC on AprIl 12, 2005 -Item 80.
The account string for this grant is 121.138755-882100-345151.
Please call me at 659.5770 if you have any questions.
Thank you.
Cc: Kelly Jones, Senior Accountant. Clerk's Finance
Marlene Foord, Grant Coordinator. Administrative Services Division
Gwen Butler, Operations Manager. Purchasing
File
Department of Financial Administration and Housing
Community Development and Environmental Services Division
80 of".
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HUMAN SERVICES
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-05-UC-12-0016
-II, r
THIS AGREEMENT, is entered into this it 3' day of /)a (~..jYllXr 200S by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and
Collier County Human Services, existing under the laws of the State of Florida, having its principal office at
3301 E Tamiami Trail Building H Naples, FL 34112, and its Federal Tax Identification number as 59-
6000558, hereinafter referred to as "SUBRECIPIENT."
WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/ community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2005-2006 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-2006 for the CDBG Program by
Resolution Number 2005-157 on April 12, 2005, including the use of this standard form Agreement; and
Collier County Human Services
Page I of 22
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WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-2006 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, COUNTY and Collier County Human Services desire to provide the activities specified in Part
11 of this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, COUNTY desires to engage Collier County Human Services, to implement such undertakings of
the Community Development Block Grant (CDBG) 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:
L DEFINITIONS
(I) "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) "Housing and Grants Section" means the Collier County Housing and Grants Department.
(4) "SUBREClPIENT" means Collier County Human Services.
(5) "Housing and Grants Section's Approval" means the written approval of the Housing and
Grants Department of Collier County 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".
II. SCOPE OF SERVICES
The SUBREClPIENT shall, in a satisfactory and proper manner, as determined by Housing and Grants
Section, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit
each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of
which are attached hereto and made a part hereof.
111. 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 HUD under Grant No, B-05-UC-12-0016. 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
Collier County Human Services
Page 2 of22
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event, all services required hereunder shall be completed by the SUBRECIPIENT prior to December
30, 2006. 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 SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in
an amount not to exceed $85,000 for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or
shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest
responsive and 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
All notices required to be given under this Agreement shall be sufficient when delivered to Housing
and Grants Section at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples,
Florida 34104, and to the SUBRECIPlENT 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.
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 Housing and
Grants Section Policies and Procedures memoranda. The Federal, State, and County laws,
ordinances and codes are minimal regulations supplemented by more restrictive guidelines set
forth by the Housing and Grants Section, No payments will be made until approved by the
Housing and Grants Section or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify the Housing and Grants Department in writing within thirty (30)
days of receiving notification from the funding source and submit a cost allocation plan for
approval by the Housing and Grants Department or designee within forty-five (45) days of said
official notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
Collier County Human Services
Page 3 of 22
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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,
I. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
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 ofthe Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970
Collier County Human Services
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BD
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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.
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 contlict 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 Granted Administration
Procedures. These replace OMB Circular A-l02. 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- OMS Circular A-I02 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
Collier County Human Services
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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 SUBRECIPlENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBREClPIENT to the Housing and Grants Section for its review and
approval, which will specifically include a determination of compliance with the terms of the
attached Work Program set forth in Exhibit '"A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department 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 SUBREClPIENT 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 ofthe Housing and Grants Section 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 Collier County, Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the County and
signed by each Party's authorized representatives.
E. INDEMNIFICA nON
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 claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the
performance of the terms of this Agreement, or due to the acts or omissions of the
SUBRECIPlENT.
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 SUB RECIPIENT.
Collier County Human Services
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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 the Housing and Grants Section in all publications and publicity. In addition, the
SUBREClPIENT will make a good faith effort to recognize the Housing and Grants Section
support for all activities made possible with funds made available under this Agreement.
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 the Housing and Grants Section 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 specifies.
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
Collier County Human Services
Page 7 of22
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Statutes g 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes g 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 g 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes g 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
Countv Board of Countv Commissioners. a Political Subdivision of the State of Florida. its
Officers. Emplovees. and Agents. cio Housing and Grants Section". 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 Housing and Grants Section, 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 any
insurer providing coverage because of its poor financial condition or failure to operate legally.
Collier County Human Services
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I. 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 -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD-KEEPING
I. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the County by the SUBRECIPIENT at any
time upon request by the County or the Housing and Grants Section. Upon completion
of all work contemplated under this Agreement copies of all documents and records
relating to this Agreement shall be surrendered to the Housing and Grants Section if
requested. In any event the SUBRECIPIENT shall keep all documents and records for
three (3) years after expiration of this Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to the Housing and Grants
Section 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.
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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-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
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 AND GRANTS SECTION, COUNTY. AND HUD
REOUIREMENTS
The Housing and Grants Section 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 the Housing and Grants Section, the County, or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the Housing and Grants Section
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
(f) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the Housing and Grants Section, the
County, HUD, or the Comptroller General of the United States may deem necessary, there shall
be made available by the SUBRECIPIENT to the Housing and Grants Section, the County,
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
Collier County Human Services
Page 10 of22
. 8 O~f
Agreement This will require the SUBREC1PIENT to submit a single audit, including any
management letter, made in accordance with the general program requirements of OMB
Circulars A-IIO (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 the Housing
and Grants Section. In the event the SUBRECIPIENT anticipates a delay in producing such
audit or audited financial statements, the SUB RECIPIENT shall request an extension in
advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the
event the SUBRECIPIENT is cxempt from having an audit conducted under A-133 (Audits of
State, Local Governments, and Non-Profit Organizations), the County reserves the right to
require submission of audited financial statements and/or to conduct a "Iimited scope audit" of
the SUBRECIPIENT as defined in A-133. The County will be responsible for providing
technical assistance to the SUBRECIPIENT, as deemed necessary by the County.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to Housing and Grants Section. 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 the Housing
and Grants Section, and said plan shall require the prior written approval of the Department or
designee. Accounting and disbursement of such income shall comply with OMB Circular A-
110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations
incorporated herein by reference,
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG
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 SUBRECIPIENT 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 SUBRECIPIENT requests to utilize
uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT 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.
Collier County Human Services
Page II of22
80
'.;>.<S>'..
IX. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL 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
subjected 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 project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the
Section 3 Clause ofthe Housing and Community Development Act of 1968.
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 CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be 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 through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to the Housing and Grants
Section upon the Housing and Grants Section's request.
D. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that the Housing and Grants Section will carry out periodic
monitoring and evaluation activities as determined necessary by the Housing and Grants
Section or the County and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The SUBRECIPIENT agrees to furnish upon request to the Housing and Grants
Collier County Human Services
Page 12 of22
dO
..
Section, the County or the County's designees and make copies or transcriptions of such
records and information, as is determined necessary by the Housing and Grants Section or the
County. The SUBRECIPlENT shall, upon the request of the Housing and Grants Section,
submit information and status reports required by the Section of Housing and Grants, the
County or HUD on forms approved by the Housing and Grants Section to enable the Housing
and Grants Section to evaluate said progress and to allow for completion of reports required of
the Section of Housing and Grants by HUD. The SUBRECIPlENT shall allow the Housing and
Grants Section or HUD to monitor the SUBRECIPIENT on site. Such site visits may be
scheduled or unscheduled as determined by the Housing and Grants Section or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal tinancial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the pertormance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPlENT. Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to
the Housing and Grants Section 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 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 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:
I. 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,
Collier County Human Services
Page 13 of22
8D
.
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 cooperati ve Agreements) and that all
SUSRECIPIENTS shall certify and disclose accordingly.
L REAL PROPERTY
Any real property acquired by the SUSRECIPlENT 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 COSO Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUSRECIPlENT control,
which is acquired or improved in whole or part with COSO, must adhere to the COSO
Regulations at 24 CFR 570.505.
x. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUSRECIPlENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
I. 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 (EP A)
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
400 I), 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.
Collier County Human Services
Page 14 of22
80
Co 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 of
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.CO 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 ycars old or older or that are included, on a
Federal, state, or local historic property list.
XL 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,
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
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 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference,
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an
original and such counterparts will constitute one and the same instrument.
Collier County Human Services
Page 15 of22
80
.
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, warranties, covenants, or undertakings other than those expressly set forth herein.
f'h
WITNESS our Hands and Seals on this J J day of Def-eMb "y
, 20 C> 5
BY: !
-
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.,('1'/
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,',,' -,/ ./
"-;Ii. ,/c t/~
/ SIGNATURE
(SUBRECIPIENT SEAL)
BY:
BARRY WILLIAMS, DIRECTOR COLLIER
COUNTY HUMAN SERVICES
DATE:
[Ju '0''''," bey /3, ~b ')
Ap ov ~d as p form and _
leg Sl fi i.1 .
:1'''''""
I.
[I"
Jeffre A. latzkow
Assis nt ( unty Attorney
COLLIER COUNTY, FLORIDA
J SEPH K. SC ITT, A MINISTRA TOR,
OMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES
Collier County Human Services
Page 16 of22
80
.
EXHIBIT "A"
SCOPE OF SERVICES
MEDICAL SERVICES ACCESS (MSA)
THE SUBRECIPIENT AGREES TO:
A. PROGRAM DESCRIPTION:
The purpose of this project is to allow Collier County Human Services in conjunction with Physician
Led Access Network of Collier County (PLAN) to assist income eligible residents of Collier County
with access to medical services provided by physicians in Plan's network. The network physicians
will accept uninsured income eligible persons and provide a minimum of 80 Visits/Services. A
Visit/Service is considered to be visits between the patients and a medical professional which may
include, but are not limited to, an appointment with a physician, lab work , diagnostic testing,
surgical hospitalization, medical testing, these will be services/visits required by a physician. A
minimum of 80 intakes will be completed and verified by the Patient Coordinator who will obtain all
necessary household documentation and determine eligibility for this program. Reimbursement will
be limited to and average of $687.50 not to exceed $1000.00 per patient.
The second component of this service will provide assistance with prescriptions. There will be a limit
of no more than two (2) retills in addition to the original prescription of anyone (I) drug to the same
patient. The patient may receive more than one (I) type of drug.
B. PROJECT SCOPE:
Participant Selection:
I. The anticipated annual household income of the participant shall be verified and not exceed the
income limits as mandated by the U.S. Department of Housing and Urban Development
(HUD).
2. The SUBRECIPIENT shall submit its forms/documents for income eligibility determination to
the Housing and Grants Section and obtain a letter of approvaL
Responsibilities:
1. The SUBRECIPIENT shall not provide more then two (2) refills in addition to the original
prescription of anyone (I) drug to the same patient. The patient may receive more then one
(I) type of drug.
2. The SUBRECIPIENT shall not submit more then three (3) invoices (initial prescription and 2
refills) per drug per patient for reimbursement.
3. The SUBRECIPIENT shall submit documentation showing the match funds that will be
provided along with CDBG funds.
4. Human Services will bill Collier County Housing and Grants Department for 80 Visits/
Services at a rate of $687.50 not to exceed $1000.00 per patient.
Collier County Human Services
Page 17 of22
8D
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.
The SUBRECIPIENT further agrees that the Housing and Grants Section, in consultation with any
parties the Housing and Grants Section deems necessary, shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. BUDGET:
Line Item:
CDBG Funds
Non-CDGB funding
Visit/Service -minimum of 80
Eligibility Intakes-minimum of 80
$2,200.00
$55,000.00
There will be a limit of no more than two (2)
refills in addition to the original prescription
of anyone (I) drug to the same patient.
The patient may receive more than
one (I) type of drug.
$30,000.00
Total
$85,000.00
D. STAFFING:
Provide list of staff and time commitments to be allocated to each activity specified in A (Project
Scope) and C (Budget).
E. WORK SCHEDULE:
Fifty (50) percent of the finding must be expended by June 15, 2006. The time frame for completion
of the outlined activities shall be December I, 2006.
F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing and
Grants Section by the lOth of the month following the reporting month outlining the status of specific
activities under the project. Each report must account for the total activity for which the
SUB RECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be used as an
additional basis for the Housing and Grants Section approval of invoices, etc. for reimbursement. See
"Exhibit COO.
Collier County Human Services
Page 18 of22
8D
EXHIBIT "B"
COLLIER COUNTY HOUSING AND GRANTS SECTION
REQUEST FOR PAYMENT
SECTION I: REQUEST
Subrecipient Name: Collier County Human Services
Subrecipient Address: 3301 Tamiami Trail Building H Naples FI34112
Project Name: Medical Service Access
Project No: CD05-07
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$
85,000
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
$
4. Amount of Previous Unpaid Requests
$
5. Amount ofToday's Request
$
6. Current Grant Balance (Initial Grant
Amount Awarded Less Sum of all
Requests)
$
7. If applicable amount held as retainage to
date by the County, if not retained by
the sub-recipient.
$
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 as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Collier County Human Services
Page 19 of22
811
EXHIBIT "C"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing and Grants staff by the 1 rI" of
the following month.
Status Report for Month of
Submittal Date:
Project Name
Medical Service Access
Project Number CD 05-07
Activity Number
Subrecipient:
Collier Countv Human Services
Contact Person
Telephone:
Fax:
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.
Collier County Human Services
Page 20 of22
-----_.._,._--~
dO
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract Federal ID (See (See
Number Number definitions on definitions on
page 3) page 3)
6. 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
(either "households" or "persons").
and in box "1, "
households or persons. Please circle one category
Enter the number of"beneficiaries in the blank space
INCOME
Of the households or persons assisted, are extremely low-income income
(0-30%) ofthe current Median Family Income (MFI). Enter this number in box "2. "
Of the households or persons assisted,
the current Median Family Income (MFI).
are very low-income (31-50%) of
Enter this number in box "3. ..
Of these households or persons assisted, are low income (51-80%) ofthe
current Median Family Income (MFI). Enter this number in box "4."
NOTE: The total of boxes 2,3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income.
Enter this number in box "5" below.
BOX I BOX2 BOX 3 BOX 4 BOX 5
Total Number of Extremely Very Low Income Female Head of
Households or Persons Low Income Low Income (51~80%) Household
Assisted
(0-30%) (31-50%)
Collier County Human Services
Page 21 of22
80
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. Black or African-American: A person having origins in any of the black racial
groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East,
Southeast Asia, or the Indian subcontinent including, for example, Cambodia,
China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands,
Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the
original peoples of North and South America (including Central America),
and who maintains tribal affiliation or community attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of
the original people of Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
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 Ethnicitv 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 Black/African American
Other Multi-Racial
TOTAL:
Collier County Human Services
Page 22 of 22
8' D
Memorandum
To: Linda A. Houtzer
Minutes & Records Department
774-841 I
From: Nancy Mesa
Financial Admin. & Housing Dept.
659-5770
Date: 09-02-2005
Subject: Funding Approval/Agreements
Enclosed please find one (1) fully executed Grant Agreement Amendment original for each of
the following grants:
Community Development Block Grant (CDBO) Program $ 2,637,663.
Emergency Shelter Grants (ESO) Program $ 96,119.
HOME Investment Partnerships (HOME) Program $ 762,220.
American Dream Downpayment Initiative FY 05 (ADDI) Program $ 28,800.
This was included in the County's Consolidated Plan One-Year Action Plan FY 2005-2006 as
approved by the BCC on April 12, 2005, Agenda Item 80.
If you should have any questions please call me at the above number.
Cc: Kelly Jones, Senior Accountant - Clerk's Finance
Marlene Foord, Grant Coordinator - Administrative Services Division
File
Office of the County Administrator
8 0'.
MEMORANDUM
Date: July 27,2005
To: Susan Golden, State Grants Admin. Mgr.
Financial Administration and Housing
From: Linda A. Houtzer
Minutes & Records Department
Re: Funding Approval! Agreements
HUD Community Development Block Grants
HOME
Emergency Shelter Grant
Grant Agreement Amendment
Enclosed, please find (3) three originals of each of the documents, Agenda
Item #8D, as referenced above, approved by the Board of County
Commissioners on April 12, 2005.
Please return a fully executed Grant Agreement Amendment to the Minutes
and Records Department.
If you should have any questions please cal1 me at 774-8411.
Thank you.
Enclosure
Funding Approval/Agreement
Title I of the Housing and Community
Development Act (Public Law 930383)
HI-00515R of20515R
U.S. Department of Housing and Urban Development 8
Office of Community Planning and Development
Community Development Block Grant Program
D
1. Name of Grantee (as shown in item 5 of Standard Fonn 424) 3. Grantee's 9~jgit Tax ID Number 4. Date use of funds may begin
Collier County 59-6000558 (mmlddlyyyy) 7/1/05
2, Grantee's Complete Address (as shown in itam 5 01 Standard Form 424) 5a, Projact/Grant No, 1 6a. Amount Approved
2800 N, Horsehoe Drive, Suite 400 B-05-UC-12-0016 2,637,663.
Naples, FL 34104 5b. Project/Grant No, 2 6b. Amount Approved
Sc. Project/Grant No.3 6e. Amount Approved
Grant Agreement: ThiS Grant Agreement between the Department of Housmg and Urban Development (HUD) and the above named Grantee IS made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 use 5301 et seq.). The Grantee's submissions for Title I assistance, the
HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions,
constitute part of the Agreement Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon
execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item
4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with
funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval.
The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the
Secretary pursuant to Section l04(g) of Tille I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by
sub-reci ient entities to which it makes fundin assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name)
Maria R. Ortiz-Hi II
Title
Conununity Planning and Development Director
Signa\\If. a(~ /-'./'... . /. I /1' /. '.;" ~; , Data (mmlddlyyyy)
, U(JI!c(; U:.+:j( "'/ 7/7/05
7. Category of Title I Assistance for this Funding Action 8. Special Conditions
(check only one) (check one)
[8J a, Entitlement, Sec 106(b) [8J None
Db, State-Administered, Sec 106(d)(1) 0 Attached
o c, HUD.Administered Small Cities. See 106(d)(2)(B)
o d, Indian CDBG Programs, Sac 106(a)(1)
o e. Surplus Urban Renewal Funds, Sec 112(b)
o I, Special Purpose Grants, Sec 107
o g, Loan Guarantee. Sec 108
11. Amount of Community Development
Block Grant
a. Funds Reserved for this Grantee
FY (2005)
FY(
FY (
12a. Amount of loan Guarantee Commitment now being Approved
2,637,663,
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency
loan guarantee assistance, and agrees to comply with the terms and
conditions of the Agreement, applicable regulations, and other
requirements of HUD now or hereafter in effect, pertaining to the Title
assistance provided it.
Signature
HUD Accounting use Only
Attest ",as 'OO-CI:lirfl'!ilall:',~ 24 CFR 57D
. ,S,J9niltur'e,.pn fL. L:.,' t'>.",
-~"--_._---".._-----"_~_ .blJ..~~~;"~:-~:.-::'.':::'.______"_
Entered By
Effective Data
(mmldd/yyyy) F
II 10
I
I
Verified By
fonn HUD-7DB2 (4/93)
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Batch
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8 0
CONSOLITATED PLAN ADVICE AND GUIDANCE
Reportinl! Requirements for Fiscal Year 2005 Grants
The Consolidated Annual Performance Evaluation Report (CAPER) (Section 91.520) for the
2004 Program Year is due in this office no later 90 days after your program year end date.
Which includes CDBG, ESG and HOME.
Intel!rated Disbursement Information Svstem (lDIS)
The Community may add or delete individuals authorized to access the Integrated Disbursement
and Information System (IDIS). An IDIS Access Request Form must be prepared, notarized and
returned to this office with the Grant Agreement. The Direct Deposit sign-up Form (SF-I I 99A)
must be completed: if there is the need to establish or change banking information. Both the
Grantee and the financial institution must complete the form. The completed SFI199A Form
must be returned to this office.
Environmental Review Procedures
Certain activities included in the Consolidated Action Plan are subject to the provisions of24
CFR Part 58 (Environmental Review Procedures for the CDBG Program). Funds for such
activities may not be obligated or expended unless the release of funds has been approved in
writing by HUD. A request for the release of funds must be accompanied by an environmental
certification. Appropriate forms are enclosed. Technical assistance on these procedures is
available from your CPD Representative or from Al Cazzoli, Environmental Specialist, at (305)
536-5678 Ext. 2276
ESG Expenditure Deadlines
There are two critical deadlines set forth in the ESG program regulations. Title 24 ofthe Code
of Federal Regulations (CFR), Section 576.55(b), requires that all ESG grant amounts be
obligated by 180 days and expended by 24 months after the date of the grant award letter. Any
grant amounts that are not obligated and expended by these dates may be recovered and
reallocated for use in accordance with 24 CFR 576.67. These deadlines represent maximwn time
periods. We trust that each grantee will make every effort to obligate and expend all funds
within these periods.
.w.._~..~__.~_~"._."'_'___~__~~._._~__,~________,_~,________ "W'__""'._.__,~____
8 0
Grant No.: S-05-UC-12-0024
Official Contact Person: H. Denton Baker
Telephone No: (239) 403-2333
FAX: (239) 403-2331
E-mail Address: DentonBakerla1colliergov.net
Tax In No: 59-6000558
Unit of Government No: 129021
FY 2005 LOCAL GOVERNMENT GRANT AGREEMENT
EMERGENCY SHELTER GRANTS PROGRAM
This Grant Agreement is made by and between the United States Department of Housing
and Urban Development (BUD) and, Collier County, for FY 2005 of the Emergency
Shelter Grants Program in the amount of $ 96.119. This grant was authorized by Subtitle
B of Title IV of the McKinney-Vento Homeless Assistance Act, 42 U.S.c. 11301 (1988),
as amended (the "Act"). In addition, the grant operates through BUD's regulations at 24
CFR Part 576, as now in effect and as may be amended from time to time, which are
incorporated as part ofthis Agreement.
In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon
execution of the Grant Agreement, to provide the Grantee with the agreed grant funds. The
grantee must comply with requirements for record keeping and annual performance
reporting to HUD within 90 days after the close of its consolidated program year, as
required by 24 CFR 91.520. This includes the periodic information collected through
HUD's Integrated Disbursements and Information System (IDIS). The grantee's IDIS
reporting must include information on grant activities, project sponsors, project sites, and
beneficiaries (including racial and ethnic data on participants). This information will be
used for program monitoring and evaluation purposes.
The Grantee agrees to comply with all applicable laws and regulations in distributing funds
provided under this Grant Agreement and to accept responsibility for ensuring compliance
by recipient entities which my receive funding assistance.
,- -"-.-, .<<-~". --,.~... ,.".,_.'-....--...._,-----~_.._-~_._--" ,~,
8 D
The Grantee agrees to comply with the provisions of the environmental requirements of24
CFR Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under
this Grant Agreement.
The Grantee further agrees to provide sufficient detail on matching funds so as to identify
the specific sources and amounts ofthe funds as required by 42 USC l1375(a)(1).
The following parties execute this Grant Agreement on the dates set forth below as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By:
\4:2 c:re' ({(;?:It~/~/05
Maria R. Ortiz-HilI Date
Communitv Planning and Development Director
Title
GRANTEE
By:
~rcu\. ~. L.0"d \ e.
Typed Name dfSignatory
c..."'CA..i'lYV\ClY\ \:\0Qrd cO Co\.U'\~ ~'I~$;Bvle..v-s
/ Title \
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"~' ,", .", :.. --I _",.
Am\~:j;~::;.," ^' >..... .!-.;'\,
Dw1:~t':f.B ROC'K",\\Ct, E RK
" :& :<"nidzif!Jl
&n:J . 'mil/J:, '.'.' ~ b.~.
, ,13eputj'CT er "
. . . . " ~
Attest "to, Oil tl'IIaIl s
signature on1y.
~".""-'~--"~--" '-'""",~..,",-".--.-_._., .,.~-"
Funding Approval and HOME
Investment Partnerships Agreement
Title II of the National Affordable Housing Act
u.s. Department of Housing
and Urban Development
Office of Community Planning
and Development
OMB Approvai No, 2506-0171
(Exp, 05/31/2007)
8 0
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or
sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMS control number.
The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the
owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their
programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each
participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory
and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related
authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be
maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for
disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required.
1. Participant Name and Address
Collier County
2800 N. Horseshoe Drive, Suite 400
Naples, FL 31104
2. Participant Number
M-05-UC-12-0217
3. Tax Identification Number
59-6000588
4. Appropriation Number
865/70205
5, FY (yyyy)
2005
6. Previous Obligation (Enter "0" for initial FYallocation)
a. Formula Funds
b. Community Housing Development Org. (CHDO) Competitive
7. Current Transaction (+or-)
$
$
a. Formula Funds
$ 791,020.
$
$
1. CHDO (For deobligatlons only)
2, Non- CHDO (For deobligatlons only)
b. CHDO Competitive Reallocation or Deobligation (see #18 below)
$
8. Revised Obligation
a. Formula Funds
b. CHDO Competitive Reallocation
9. Special Conditions (check applicable box)
[gJ Not applicable 0 Attached
$
$
10. Date of Obligation (Congressional Release Date)
(mm/dd/yyyy) 071 07/2005
This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the
authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's IEntity's approved Consolidated Plan
submission/Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME
Investment Partnership Agreement, form HUD-40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this
Agreement, HUD wiff make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the
parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment
by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to
the Participating Jurisdiction'sJEntity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR
92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds preViOUSly
awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The
Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies
as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility
for environmental review, decision making, and actions, as specified and required in regulation~~t 24; CFR 92.352 and 24 CFR Part 58.
11. For the U.S. Department of HUD (Name and Title of Authorized Official) 1-0/ '!f1a~ / 13. Date
Maria R. Ortiz-Hill, Director Community, Planning and Dev. ). .~C(! l( l~:~ 07/07/2005
. ~-~'
~ Initial Agreement
16, Date
14. For the Participating Jurisdiction/Entity (Name and Title af Authorized Official)
Fred W. Coyle, Chairman, Board of Commissioners
17. Check one:
0'1 ~/ ~c:05
o Amendment #
18, Fun<!ing'iflfbriT)ation:. :"
... - f
Sour~ o~, I; Ir'~iatian Code
FY 21>05' AMI il6Sl70205
FY 2'J05 HOM~ fl~5/702~
" ' .
lttest,s,to\CtIa~_'s
s f 1;j~atl/r~ 0" 1 J "
i..t,,~~Q~,~iJvu. ~.
PAS Code
HMC
HMC
Amount
$28.800.
$76~m\l<:ld clll IV iorm & legal SUfflcl6nc'/
$~.~~...
__._ ._.~8aI8taI11 COtJ_l'1l)1 AI1O~~;L. .... .
CHDO Competitive Reallocation
Source of Funds Aoorooriation Code
PAS Code Amount
~
$
form HUD-40093 (04/2004)
.
80
Memorandum
Subject:
Patricia Morgan, Supervisor
Clerk of Courts - Minutes and Records ../
Nancy Mesa - Grants Support speciali~\~
,
February 16, 2006
AMENDMENT TO SUBRECIPIENT AGREEMENT
To:
From:
Date:
Re:
CDBG FY 2005 - 2006 -Immokalee Non.Profit Housing, Inc.
Attached is an amendment to the original subrecipient agreement between Collier County and
Immokalee Non-Profit Housing, Inc. for CDBG funding, toward a program that will provide up to 40
permanent air conditioning and heating units. The units will be installed in the homes of Income
Eligible Households in Sanders Pines, Immokalee, Florida. The installation of these units will
reduce out-of-pocket utility expenses for tenants, improve the living conditions of residents, as well
as reduce health threats from mold and mildew.
This was included in the County's Consolidated Plan One-Year Action Plan FY 2005.2006 as
approved by the BCC on April 12, 2005 -Item 80.
The account string for this grant is 121.138755-882100.345151.
Please call me at 659.5770 if you have any questions.
Thank you.
Cc: Kelly Jones, Senior Accountant - Clerk's Finance
Marlene Foord, Grant Coordinator. Administrative Services Division
Gwen Butler, Operations Manager - Purchasing
File
Department of Financial Administration and Housing
Community Development and Environmental Services Division
80
AMENDMENT TO
AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
AND
IMMOKALEE NON-PROFIT HOUSING, INC.
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-05-UC-12-0016
ftj 'I
THIS AMENDMENT to AGREEMENT, is entered into this I 9 day of \ r:-if/CA '--y 20Lb-, by
and between Collier County Board Of County Commissioners and Operational Support and Housing
Department of Collier County, and IMMOKALEE NON-PROFIT HOUSING. INC. a private not-for-
profit corporation existing under the laws of the State of Florida, having its principal address as 2449
Sanders Pines Circle, Immokalee, FL 34142, and its Federal Tax Identification number as 59-2716833,
hereinafterreferred to as "SUBRECIPIENT."
WHEREAS, the COUNTY and the Subrecipient previously agreed to certain terms under the pnor
Agreement between the Parties dated November 21, 2005.
WHEREAS, COUNTY and "THE SUBRECIPIENT" desire to amend EXHIBIT A referenced in Part B,
and F ofthis Agreement, in accord with the approved 2005-2006 Annual Consolidated Plan; and
WHEREAS, COUNTY and "THE SUBRECIPIENT' agree to this amendment of the original subrecipient
agreement revising Scope of Services in EXHIBIT "A" Section .'A" and replacing that EXHIBIT with the
attached hereto revised EXHIBIT A.
WHEREAS, the county desires to engage the SUBRECIPIENT to implement such undertakings of the
Community Development Block Grant (CDBG) 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:
That the agreement of November 21, 2005 is amended to replace the prior attached Exhibit "A" with the
attached, revised Exhibit "A."
IMMOKALEE NON-PROFIT HOUSING, Inc. Page 1 of 5
80
EXHIBIT "A"
SCOPE OF SERVICES
IMMOKALEE NON-PROFIT HOUSING. INC.
L THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
This program will provide up to 40 permanent air conditioning and heating units, sufficient in size to
cool and heat, an average I, 000 square foot apartment with 24,000 BTU's of cooling and 17,000
BTU's of heat. The units will be installed in the homes of Income Eligible Households in Sanders
Pines, Immokalee Florida. The installation of these units will reduce out-of-pocket utility expenses
for tenants, improve the living conditions of residents, as well as reduce health threats from mold and
mildew. The grant will cover the purchase of the units, the replacement of glass/window frame or
the replacement and repair of windows, the cost of wiring the air handler and condensing unit,
including an exterior disconnect for the condenser, and the construction of up to 40 concrete pads for
the condensing units.
The subrecipient will be responsible for the following:
a. Monitoring of reduction of electricity costs for tenants at the initial start of project,
then provide a comparison exactly one year later.
b. The submittal of initial readings for electricity at the start of the project, and
readings one year later.
c. The creation and maintenance of income eligible files on the clients served and
proof that all are eligible under HUD income guidelines. A letter stating that all
residents of Sanders Pines meet the HUD household/income eligibility criteria
must be submitted prior to November 30, 2005.
d. Submission of documentation of match funds listed under Budget in Section C.
e. Submission of listing of staffing in section D prior to first request of payment.
f. Posting of visible signage at the work site identifying the funding source as
mentioned in section VII part F.
g. Submission of request for payment along with supporting documentation for
payment of services
h. Shall obtain a minimum of three bids, as well as provide the Housing and Grants
Department with a copy of contracts, which will include installation and
maintenance information for main contractor chosen, along with any sub-
contractors.
t. Collier County will be responsible for the direct purchase from the vendor for the
NC units, air handlers, thermostats, heat kits and humidifiers. Collier County will
also be responsible for the direct payment to All About Air for there services.
The subrecipient will be responsible for providing supporting documentation for services when a
request for payment is made to the Housing and Grants Department.
IMMOKALEE NON-PROFIT HOUSING, Inc. Page 3 of5
80
.f/l .-r
WITNESS our Hands and Seals on this E-day of Jo IJ (Jell Y
(SUBRECIPIENT SEAL)
,20 (J (.
COLLIER COUNTY, FLORIDA
BY: C~~~N~~~
HOUSING AND GRANTS
COMMUNITY DEVELOPMENT
DEPARTMENT
IMMOKALEE NON-PROFIT HOUSING, Inc. Page 2 of5
, 80
NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to the
Housing and Grants Department and obtain a letter of approval prior to bidding the construction
work.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner 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.
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. All construction work shall
be included in one contract. The SUBREC1PIENT shall obtain Housing and Grants Department
approval prior to awarding the construction contract to be funded through this ab'feement. After
awarding such contract the SUBRECIPlENT shall obtain the Housing and Grants Departments
approval prior to executing any change orders to such contract.
NOTE 4: The SUBRECIP1ENT shall not request reimbursement from the Housing and Grants
Department 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,
Participant Selection:
1. The anticipated annual household income of the participant shall be verified and not exceed
the income limits as mandated by the U,S. Department of Housing and Urban Development
(HUD).
2. The SUBRECIPIENT shall submit its forms/documents for income eligibility determination
to the Housing and Grants Department and obtain a letter of approval prior to administrating
the project.
3. The SUBRECIPIENT shall submit its federally funded bid and contracting process
information.
The SUBRECIPIENT further agrees that the Housing and Grants Department, in consultation with
any parties Housing and Grants Department deems necessary, shall be the final arbiter on the
SUBRECIP1ENT's compliance with the above.
B. BUDGET:
Line Item:
CDBG Funds Other
Purchase and Installation of up to 40 HV AC
Systems with a SEER rating of 13
Replacement of glass/window frames
or replacement/repair of windows,
Wiring the Air Handler and Condensing
Unit including an exterior disconnect for the
Condenser and the construction of
concrete pads for each condensing unit.
Removal and disposal of existing HV AC
Unit.
TOTAL
IMMOKALEE NON-PROFIT HOUSING, Inc. Page 4 of 5
$218,600.00 $8,000,00
$226,600.00
80
C. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in
A (Project Scope) and B (Budget) above, if applicable.
D. ASBESTOS REOUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors'
compliance, with all applicable requirements for construction work in connection with the Project
funded through this Agreement.
E. DAVIS-BACON ACT: The SUBRECIPIENT shall request the Countv to obtain a Davis-Bacon
wage decision for the proiect prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a cop v of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
F. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements ofOMB
Circular A-I 02 (Uniform Administrative Requirement for Federal Grants to State and Local
Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment
bonds,
G. CONSTRUCTION PAYMENT RETAIN AGE: The SUBRECIPIENT shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such
retainages until it has obtained approval from the County that the contractor and subcontractors have
complied with the requirements of the Davis-Bacon Act.
H. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result
in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
L WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Fifty (50) percent of the funding must be expended by April 1,2006. The time frame for completion
of the outlined activities shall be June 15,2006.
Please note that if"any of" these activities exceed the time line by two months a revised work schedule
must be submitted to the Housing and Grants Department.
J. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing and Grants
Department outlining the status of specific activities under the project. Each report must account for the total
activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is
required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the
form of a narrative, The progress reports shall be used as an additional basis for the Housing and Grants
Department's approval of invoices, etc. for reimbursement.
IMMOKALEE NON-PROFIT HOUSING, Inc. Page 5 of 5