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Agenda 01/27/2009 Item #16D 6 Agenda Item No. 16D6 January 27, 2009 Page 1 of 29 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a $275,000 subrecipient agreement with the Collier County Housing Authority (CCHA) to provide Tenant Based Rental Assistance (TBRA) for approximately 38 low income families in Collier County. This Agreement amount will be comprised of $250,000 in HOME Investment Partnership Program (HOME) funds and $25,000 in Marco Island Affordable Housing Trust fnnds. OBJECTIVE: For the Board of County Commissioners to approve and authorize the Chairman to sign an agreement with the Collier County Housing Authority (CCHA) to provide Tenant Based Rental Assistance (TBRA) for approximately 38 low-income families of Collier County using Department of Housing and Urhan Development (HUD) Home Investment Partnership Program (HOME) funds and. Marco Island Affordable Housing Trust funds. CONSIDERATIONS: The Collier County Housing and Human Services Department proposes to provide the Collier County Housing Authority (CCRA) with $250,000 in HOME funds and $25,000 in Marco Island Trust funds. HOME funds will be used to provide security deposits, direct rental, and utility assistance for approximately 38 low income families. Marco Island Trust funds will pay for the administrative costs to support the program. CCHA is a Florida State agency created in accordance with Florida Statute 421.27 to provide housing and services for low income families. On April 24, 2007, the Board of County Commissioners (BCe) approved submission of the County's second 5- Year Consolidated Plan FY 2006 through 20 10 to fillD and adopted the current One-Year Action Plan for FY 2007 - 2008 which outlined the activities to be funded between July 1, 2007 and June 30, 2008. A summary of the funded projects and the number of beneficiaries to be served was published in the 2007-2008 Action Plan. The project iucluded in this Agreement was funded in FY 2007-2008, however, the funds were not expended during FY 2007-2008 as the prior year fmlding had not been expended by CCRA due to the design of the TBRA program. CCRA is now able to begin expending FY2007 funds. Becanse this request is after the original agreement period, a new agreement must be approved to extend the period during which funds can be expended. FISCAL IMP ACT: No general funds are being utilized in this project. Expenditures for this project are budgeted in HOME Grant Fund (121) for FY07 and Marco Island Trust Fund (116) for FY08. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. - CMG RECOM:MENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $275,000 grant to the Collier County Housing Authority (CCRA) using HUD HOME and Marco Island Trust funds to provide Tenant Based Rental Assistance (TBRA). Prepared by: Margo Castorena, Grant Operations Manager Housing and Human Services Department Page 1 of 1 Agenda Item No. 16D6 January 27, 2009 Page 2 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D6 Meeting Date: Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a $275,000 subrecipient agreement with the Collier County Housing Authority (CCHA) to provide Tenant Based Rental Assistance (TBRA) for approximately 38 low income families in Collier County. This Agreement amount will be comprised of $250,000 in HOME Investment Partnership Program (HOME) funds and $25,000 In Marco Island Affordable Housing Trust funds 1/27/20099'0000 AM Approved By Colleen Greene County Attorney Assistant County Attorner County Attorney Office Date 1/12/20099:47 AM Appro\'ed By Marcy Krumbine Public Services Director Date Housing & Human Services 1/12/200912:15 PM Approved By County Attorney Assistant County Attorney County Attorney Office Date Jeff Klatzkow 1/12/20094:15 PM Approved By Marla Ramsey Public Services Public Services Administrator Date PubliC Services Admin. 1/13/20095:14 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 1/14/200911 :08 AM Approved By Sherry Pryor County Manager's Office Management & Budget Analyst Office of Management & Budget Date 1/14/20093:53 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/15/20097:39 PM file://C:\Agenda T est\Export\ 122-January%2027, %202009\ 16. %20CONS ENT%20AG END... 1/21/2009 Agenda Item No. 16D6 January 27, 2009 Page 3 of 29 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY, INC. TENANT BASED RENTAL ASSISTANCE (TBRA) Catalog of Federal Domestic Assistance # 14.239 HUD Grant # M-07-UC-12-0017 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter refened to as "COUNTY", and the Collier County Housing Authority, Inc. a special independent district of the State of Florida, created in accordance with Florida Statute Section 42 I .27 et seq., having its principal office at 1800 Farmworker Way, Immokalee, Florida 34142 and with offices at 5251 Golden Gate Parkway, Naples, FL 34116, and its Federal Tax Identification number as 59-1490555, hereinafter referred to as the "SPONSOR." WHEREAS, the COUNTY is the recipient of HOME Investment Pminerships (HOME) Program funds from the United States Depmiment of Housing and Urban Development (HUD) as provided by the Cranston- Gonzalez National Affordable Housing Act, as amended ("ACT"); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Fedcral Fiscal Year 2007-2008 for the HOME Program by Resolution (2007-101) on April 24, 2007; and 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 2007-2008 for the HOME Program and the 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 One-Year Action Plan; and WHEREAS, thc COUNTY desires to engage the SPONSOR to implement such undertakings of the HOME Program as a valid and worthwhile County purposes. I-lousing Authority 2007 (2) HOME TBRA Agreement Page I of27 Agenda Item No. 16D6 January 27,2009 Page 4 of 29 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: I. DEFINITIONS (1.) "COUNTY" means Collier County, and where applicable, it's authorized representative(s), (2.) "HOME" is hereby defined as the HOME Investment Pal1nerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3.) "HHS" means the Housing and Human Services Department of Collicr County. (4.) "SPONSOR" means THE COLLIER COUNTY HOUSING AUTHORITY. (5.) "HHS APPROVAL" means the written approval of the Housing and Human Serviccs Department or designee. (6.) "HUD" means the Secretary of the U.S. Depal1ment 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 bc performed as set forth in Exhibit "A". (9.) "AGENCY" means the Housing & Human Services Department of Collier County, the HOME administering Agency of Collier County. For the purpose of this Agreement and all administration of HOME funds, the AGENCY shall act on behalf of the COUNTY in the execution and fiscal and programmatic control of this agreement. The tenn "Approval by the COUNTY" or like term used in this Agreement shall in no way relieve the SPONSOR from any duties or responsibilities under the tenns of this Agreement, or obligation State or local law or regulation.. (10.) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the SPONSOR agrees to acccpt 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, hereof. (11.) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the SPONSOR as described here. II. SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks'necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "E," all of which are attached hereto and made a pm1 hereof. Housing Authority 2007 (2) HOME TBRA Agreement Page 2 of 27 Agenda Item No. 16D6 January 27,2009 Page 5 of 29 III. TIME OF PERFORMANCE The effective date of this Agreement shall be January 27, 2009, and the services of the SPONSOR shall be undetiaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SPONSOR prior to June 15, 2009. Any funds not obligated by the cxpiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Pati VlII (F) (5), and Pati VlII (H) below. IV. CONSIDERATION AND LIMITATION OF COSTS The SPONSOR shall be reimbursed by the COUNTY using fedcral funds for allowable costs, determined by COUNTY, in an mnount not to exceed TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS (U.S. $250,000) plus a 10% administration and project delivery cost fi'om a non-federal source for the Tenant Based Rental Assistance (TBRA) Program for the services described in Exhibit "A." A minimum of Two Hundred Fifty Thousand Dollars and no cents ($250,000) shall be utilized for dircct client assistance. Project delivery cost of ten (10) percent will be provided from a non-federal funding source not to exceed TWENTY FIVE THOUSAND DOLLARS AND NO CENTS ($25,000), FOR A TOTAL PROJECT COST OF TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($275,000). All improvements specified in Exhibit "A" shall be perfonned by SPONSOR employces, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SPONSOR shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SPONSOR and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices requircd to be given under this Agreement shall be sufficient when delivered to Housing and Human Services at its office, presently located at 3050 NOlih Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (I) of this Agreement. VI. SPECIAL CONDITIONS The SPONSOR agrees to comply with thc requirements of Title 24 CFR Pmi 92 of the Housing and Urban Development regulations conceming HOME Investment Pminership Program Grants (HOME) and all federal regulations and policies issued pursuant to these regulations. The SPONSOR futther 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 SPOI'\SOR shall implement this Agreement in accordance with applicable Federal, Statc, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set fOlib by HHS. I-lousing Authority 2007 (2) HOME TBRA Agreement Page 3 of 27 Agenda Item No. 16D6 January 27,2009 Page 6 of 29 Should a project receive additional funding after the commencement of this Agreement, the SPONSOR shall notify HHS in writing within thirty (30) days of receiving notification fi'om the funding source and submit a cost allocation plan for approval by the HHS DepaJiment or dcsignce within forty-five (45) days of said official notification. 1. DEBARMENT: The SPONSOR certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debaJment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SPONSOR shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debalTed or suspended from participating in this covered transaction. C. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULA TrONS AND LAWS During the performance period of the Agreement, the SPONSOR agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SPONSOR further agrees to abidc by all other applicable laws. 1. 24 CFR Part 92.206, HOME Investment Partnership Program - The regulations governing the disbursement of HOME funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 4. Executive Order Il246, as amended by Executive Orders Il375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 5. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 6. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 7. Age Discrimination Act of 1975. 8. Contract Work - Hours and Safety Standards Act, 40 USC 327-332. 9. Section 504 of the Rehabilitation Act of 1973, 29 use 776(b) (5). 10. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Housing Authority 2007 (2) HOME TBRA Agreement Page 4 of27 20. 21. 22. 23. Agenda Item No. 16D6 January 27,2009 Page 7 of 29 11. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Fonu 4010 must be included in all construction contracts funded by CDBG/HOME. 12. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 13. 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 Home Investment Partnership Program Contracts. 14. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 15. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedurcs. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 16. OMB Circular A-l33 - conceming annual audits. 17. OMB Circular A-122 - which identifies cost principles. 18. 24 CFR Part 84 - UnifOl1TI Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 19. 24 CFR Part 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local Govemmcnts. Immigration Reform and Control Act - of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thercto. Failure by the SPONSOR to comply with the laws referenced herein shall constitute a brcach of this agrecment and the County shall have the discretion to unilaterally tem1inate this agreement immediately. Ch 112, F.S. Chapter 112, Florida Statutes - which deals with conflict of interest. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fec, service or other item of value to any County employee, as set forth in Chapter 112, Part 1lI, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedurc 5311. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, thc tel1TIS of the Agreement shall take precedence over the terms of all other Contract Documents, except the tenus of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the tenus of the Contract Documents calUlOt be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the Housing Authority 2007 (2) HOME TBRA Agreement Page 5 of 27 Agenda Item No. 16D6 January 27,2009 Page 8 of 29 more strict or costly obligation under the Contract Documents upon the Contractor at Owncr's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the othcr patiy rclating to or arising out of this Agrcement must be brought in the appropriatc federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding pel111itted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SPONSOR with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commenccment of depositions in any litigation between the patiies arising out of this Agreement, the parties shall attempt to resolve the disputc through Mediation before an agrced-upon Circuit Court Mediator certified by the State of FIOlida. The mediation shall be attcnded by representatives of SPONSOR with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either patiy fail to submit to mediation as required hereunder, the other party may obtain a cOUli order requiring mediation under section 44.102, Florida Statutes. D. SUBCONTRACTS Any work or services subcontracted by the SPONSOR shall be speeifically by written eontract 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 SPONSOR of at1Y subcontract hereunder, such subcontracts must be submitted by the SPONSOR to HHS for its review and approval, which will specifically include a detelmination of compliance with the tenns of the attached Work Program set forth in Exhibit "A". 111is review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Depatiment 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 perfonning 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 SPONSOR 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 SPONSOR or reimbursed by the COUNTY without prior written approval of the HHS or his designee. Housing Authority 2007 (2) HOME TBRA Agreement Page 6 of 27 Agenda Item No. 16D6 January 27,2009 Page 9 of 29 E. AMENDMENTS This Agreement and any exhibit or attachment may be amended only by written agreement executed by the governing boards of both parties, except that County representative may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authOlized. F. rNDEMN1FICAT10N To the maximum cxtent permitted by Florida law, the SPONSOR shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of thc SPONSOR or anyone employed or utilized by the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be constmed to negate, abridge or reduce any other rights or remedies which othelwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The forcgoing indemnification shall not constitutc a waiver of sovereign immunity bcyond the limits set forth in section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constmcted pursuant to this Agrecment shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SPONSOR will make a good faith effoti to recognizc HHS' suppoti for all activities made possible with funds made available under this Ab'rccment. The SPONSOR will mount a temporary constmction sign for projects funded by HHS, This design concept is intended to disseminate key information regarding the development team as well as Equal Housing OppOliunity to the general public. This signs construction utilizes a minimum conventional4'X 8' plywood back panel and other conventional construction materials and methods. H. 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 securcd by the SPONSOR with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of tennination, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by vitiue of any breach ofthe Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set-off purposes until such time as the cxact amount of damages due to the COUNTY from the SPONSOR is detennined. Housing Authority 2007 (2) HOME TBRA Agreement Page 7 of 27 Agenda Item No. 16D6 January 27,2009 Page 10 of 29 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 paliy and specifying therein the effective date of termination (24 CFR 85.43). 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SPONSOR for services rendered pursuant to this Agreement through and including the date of termination (24 CFR 85.44). 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. 1. INSURANCE SPONSOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit D to this Agreement. J. SPONSOR LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit D shall not relieve the SPONSOR of his liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified pel10d, but not in the manner prescribed in these requirements, the SPONSOR shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a cOl1'ected Certificate to the County. If the SPONSOR fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SPONSOR shall be in default of the ten11S and conditions of the contract. I-lousing Authority 2007 (2) HOME -rBRA. Agreement Page 8 of 27 Agenda Item No. 16D6 January 27,2009 Page 11 of 29 VIII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SPONSOR 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 incurrcd. B. DOCUMENTATION AND RECORD - KEEPING 1. The SPONSOR shall maintain all records required by the HOME Federal Regulations for a period of five years (5) years after expiration of this Agreement. 2. All reports, plans, surveys, infonnation, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY by the SPONSOR at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agrccment shall be sunendered to HHS if requested. 3. The SPONSOR shall submit reports as required to assist the COUNTY in the prcparation ofHUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 repmis, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SPONSOR shall submit monthly beneficiary reports to HHS using Exhibit "E". 5. The SPONSOR 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. SPONSOR shall maintain records showing contractor compliance with the Contract Work Hours and Work Safcty Law. Similarly, the SPONSOR shall maintain records showing compliance with federal purchasing requirements and with other fedcral requirements for b'l"ant 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 confonnity with the procedures prescribed by the Federal Management Circulars A-l 10, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. Housing Authority 2007 (2) HOME TBRA Agreement Page 9 of 27 Agenda Item No. 16D6 January 27, 2009 Page 12 of 29 D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD REOUIREMENTS HHS shall have the right under this Agrecment to suspend or tcnninate reimbursement until the SPONSOR complies with any additional conditions that may be imposed by HHS, the COUNTY, or HUD at any time. Additional requirements are listed on Exhibit C. F. PRIOR WRITTEN APPROVALS-SUMMARY ( 1.) (2.) (3.) (4.) (5.) (6.) All subcontracts and agreements proposed to be entered into by the SPONSOR pursuant to this Agreement; All capital equipment expenditures of $1 ,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of HOME funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more millually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMS A-133. Non- profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMS A- 133. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review (e.g" inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations goveming the program in which they pmiicipate. 3. When the requirements of OMS A-133 apply, or when the SPONSOR elects to comply with OMS A- I 33, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SPONSOR. A copy of the audit repOli must be reccived by HHS no later than six months following the end of the SPONSOR's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements ofOMB A-I33 do not apply or are not elected, the SPONSOR may choose to have an audit perfonned either on the Housing Authority 2007 (2) HOME TBRA Agreement Page 10 of27 Agenda Item No. 16D6 January 27,2009 Page 13 of 29 basis of the SPONSOR's fiscal year or on the basis of the period during which HHS-federal assistance has becn received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the telms of this contract. A copy of the audit rep011 must be received by HHS no later than six months following each audit period. 5. The SPONSOR shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by !be County pursuant to the terms of this Agreement. 6. The SPONSOR shall maintain all contract records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 7. The SPONSOR shall include in all HHS approved subcontracts used to engage subcontractors to can'y out any cligiblc substantivc programmatic scrvices, as such services arc described in this contract and defined by HHS, each of the record-keeping and audit requirements detailed in this contract. HHS shall, in its sole discretion, detennine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements describcd above. H. PROGRAM-GENERATED INCOME All income eamed by the SPONSOR from activities financed in whole or in part by funds provided hereunder must be repol1ed to HHS, Such income would include, but not be limited to, incomc from service fees, sale of commodities, and rental or usage fees. The SPONSOR shall rcport its plan to utilize such income to HHS, and said plan shall require the prior written approval of the HHS Depat1ment or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Unifonn 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 92.503 for HOME funds may be retained by the Agency. Program Income shall be utilized to undel1ake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Prq,'l-aJn Income on hand at or received by the SPONSOR or its sub- contractors after the expiration of this Agreement shall be retumed to the COUNTY no later than thirty (30) days after such expiration, subject to any SPONSOR requests to utilize uncommitted funds. Housing Authority 2007 (2) HOME TBRA Agreement Page 11 of27 Agenda Item No. 16D6 January 27, 2009 Page 14 of 29 I. GRANT CLOSEOUT PROCEDURES SPONSOR'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 detenllining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL R1GHTS COMPLIANCE The SPONSOR 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 calTied out by the perforn1ance 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 SPONSOR shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968, B. OPPORTUNITIES FOR SMALL AND MINOR1TY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SPONSOR shall make a positive effOlt to utilize small business and minority/women-owned business enterprises of supp1ics and services, and provide these sources the maximum feasible oppOltunity to compete for contracts to be performed pursuant to this Agrecment. To the maximum extent feasible these small business and minority/women- owned business enterpl1ses shall be located in or owned by residents of the HOME areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES Unless othelwise outlined in Exhibit A; at least fifty-one percent (51 %) of the beneficial1es of a project funded through this Agreement must be very low, low- income persons, If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted 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 Pro!,'Tam. The project funded under this Agreement shall assist beneficial1es as defined above for the time period designated in Exhibit A of this Agreement. The SPONSOR shall provide written verification of compliance to HHS upon HHS'request. D. EVALUATION AND MONITORING The SPONSOR agrees that HHS will calTY out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the tenus of this Agreement, Housing Authority 2007 (2) HOME TBRA Agreement Page 12 of27 Agenda Item No. 16D6 January 27, 2009 Page 15 of 29 comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures, The SPONSOR agrees to furnish upon request to HHS, th, COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HHS or the COUNTY. The SPONSOR shall, upon the request of HHS, submit information and status reports required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required of HHS by HUD. The SPONSOR shall allow HHS or HUD to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as detern1ined by HHS or HUD. E. CONFLICT OF INTEREST The SPONSOR covenants that no person who presently exercises any functions or responsibilities in connection with the Projcct, 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 perfonnance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. Any possible conflict of interest on the pmt of the SPONSOR or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requiremcnt that maximum oppOltunity 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 Section 287.133, Fla. Stat., by cntcring into this Agrecment or perfonning any work in furtherance hereof, the SPONSOR certifics that it, its affiliates, suppliers, subcontractors and consultants who will pcrfonn hereunder, have not been placed on th( convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Fla. Stat. G. DRUG-FREE WORKPLACE REQUIREMENTS The SPONSOR, as a condition of being awarded, must celtify 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 Pmt 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned celtifies, to the best of his or her knowledge and belief, that: 1. No Fcderal appropriated funds have becn paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an~ officcr 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, thc making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Fedcral contract, grant, loan, or cooperative agreement. Housing Authority 2007 (2) HOME TBRA Agreement Page 13 of27 Agenda Item No. 16D6 January 27, 2009 Page 16 of 29 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 FOIID-LLL, "Disclosure Form to RepOlt Lobbying", in accordance with its instructions. 3. The undersigned shall require that the Janl,'\Iage of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative Agreements) and that all SPONSOR'S shall certify and disclose accordingly. I. REAL PROPERTY Any real propelty acquired by the SPONSOR for the purpose of can-ying on the projects stated herein, and approved by the COUNTY in accordance with the UnifOlID Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the HOME Regulations including, but not limited to, the provisions on use and disposition of property. Any real propelty within the SPONSOR's control, which is acquired or improved in whole or part with HOME funds in excess of $25,000, must adhere to the HOME Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SPONSOR agrees to comply with the following requirements: 1. Clean Air Act, 41 U.S.C. 7401, et seq. 2. Federal Water Pollution Control Act, 33 U.S.c. 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SPONSOR 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 ll1surance. Housing Authority 2007 (2) HOME TBRA Agreement Page 14 of27 Agenda Item No. 16D6 January 27, 2009 Page 17 of 29 C. LEAD-BASED PAINT The SPONSOR 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. Such rcgulations pertain to all HUD-assisted housing and require that all owncrs, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such propelties 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 SPONSOR agrees to comply with the Historic Preservation requirements set fOlth in the National Historic Preservation Act of 1966, as amended (16 U.S.c. 470) and the procedures set forth in 36 CFR Patt 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Propelties. XI. SEVERABILITY OF PROVISIONS If any provision of this A!,'Teement is held invalid, the remainder of this A!,'Teement shall not be affected thereby if such remainder would then continue to confonn to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Cpon expiration of the Agreement, the SPONSOR shall transfer to the COUNTY any HOME funds on hand at the time of expiration, any accounts receivable attributable to the use of HOME funds, and any non-expendable personal propelty that was purchased with HOME funds, Any real propelty under SPONSOR control that was acquired or improved in whole or in part with HOME funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the re!,'1l1ations 24 CFR Pmi 570.503(B)(8). X[]]. CONDITIONS FOR RELIGIOUS ORGANIZATIONS HOME funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on HOME funds, and is herein incorporated b:rrefercnce. In addition, any SPONSOR that can be considered to be a religious organization shall abide by all portions of24 CPR 92.257. Housing Authority 2007 (2) HOME TBRA Agreement Page 15 of27 Agenda Item No. 16D6 January 27,2009 Page 18 of 29 XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-seven (27) 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, wan'anties, covenants, or undertakings other than those expressly set forth herein. Housing Authority 2007 (2) HOME TBRA Agreement Page 16 of27 Agenda Item No. 16D6 January 27, 2009 Page 19 of 29 IN WITNESS WHEREOF, the SPONSOR and the County, have each, respectively, by an mnhorizcdpcrson or agent, hereunder set their hands an.d seals on this January,)}, 2009. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Chairman Dated: ___' (SEAL) dJlt.\lln 4. fMk\DA;L) ~\, MAf..~ UA.e:.~I-L ,~:~~~9t7::~~~-'" _,.~~,/;i.?,^ '~~-/ ,.~) - Second Witness /7 ,;)~~)-'i4' /[ 1 """1 <:>"'-'- Type/print witness name COLT~:R COUNTY H\~ING AUTHORITY, INC. ( 21ac/ \ i '"'"' I (r ',.,; By:Gl.t~~wL '. 2:o...3/ukt. " yubrectplent Slgnatm'e ,.. \ \ C; J, .', . , , t'"lnera d"..'.;e \!1i\Il, 'f1:t'c!&huel.J,cce.}-d,C- Esmeralda Senata, Executive Director Approved as to fOl'm and legat snfficiency: ~istant County Ait;J";;~y Signature Type/Print Name Hous.ing AutbOlity 2007 (2) HOME TBRA Agreement Page 17 of27 Agenda Item No. 16D6 January 27, 2009 Page 20 of 29 EXHIBIT "A" SCOPE OF SERVICES HOME COLLIER COUNTY HOUSING AUTHORITY (2007 TENANT BASED RENTAL ASSISTANCE-TBRA) THE SPONSOR AGREES TO: A. PROJECT DESCRIPTION: The Collier County Housing Authority (CCHA) proposes to administer the Tenant-Based Rental Assistance Program (TBRA) for the pWlloses of providing approximately 38 families/households with assistance for the payment of rent, security deposits, and utility deposits. TBRA will be modeled after the Sponsor's existing Section 8 Housing Choice Voucher Program. The maximum amount of funds for the security deposit may not exceed two months rcnt for the unit and can only be applied for by the tenant. A written agreement regarding the terms and conditions ofthe security deposit must be developed and maintained by the SPONSOR for review by Housing and Human Services staff. Utility deposit assistance may be provided in conjunction with a security deposit and/or monthly rental assistance. In addition, the utility deposit assistance may be used only for utilities permitted under the Section 8 utility allowance. **....*NOTE***** At least 90% of the total clicnts assisted must be at or below 60% of the area median income for Collier County and the remaining 10% can not exceed 80% of the area median income for Collier County. This grant funding will be used to provide up to one (I) year of rental assistance to eligible participants, Preference mav be given to homeless individuals or families. The SPONSOR will be responsible for the following: The SPONSOR will provide HHS a specific working budget with tasks and a realistic timetable as relates to all HOME and non-HOME funds and shall be submitted to HHS within thirty (60) days of the agreement approval. The SPONSOR will be responsible for the creation and maintenance of income eligibility files on clients served and documentation that all households are eligible under HUD Income Guidelines. Prior to occupancy, the SPONSOR shall require income qualification and proof of legal residency for all households. The SPONSOR shall maintain these files for HHS staff review upon request. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). Housing Authority 2007 (2) HOME TBRA Agreement Page l8 of27 Agenda Item No. 16D6 January 27,2009 Page 21 of 29 Exhibit A, Continued B. BUDGET: Tenant Based Rental Assistance for approximatelv 38 participants Line Item: HOME Funds Rcnt $234,000 Security Deposit 14,000 Utilities 2.000 Total HOME Funds $250,000 Non-HOME Funds: Marco Island Affordable Housing Trust Fund II6-1387II 10% Administration Costs $ 25,000 Total Project Cost: $275.000 c. STAFFING: Provide list of staff directly responsible for repOlting and request for payment proceSSlI1g. D. BONDING REQUIREMENTS; The SPONSOR shall comply with the requirements of OMB Circular A-lIO (UnifOlm Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, perfonnanee bonds, and payment bonds. E. FORMER PROJECTS: Failure to adequately maintain any former HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HQME funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Eligible Activity Start Dates Target Dates Rental Assistancc January 1, 2009 June 2009 Security deposit Assistance January 1, 2009 June 2009 Utility Assistance January I, 2009 June 2009 NOTE: Target dates are in effectfor program monitoring requirements only, and as such, are used by HOUSING AND HUMAN SERVICES as general target goals rather than strict pe~formance requirements. G. REPORTS: The SPONSOR shall submit detailed monthly progress repOlts to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is paid with HOME funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "E". The progress reports shall be used as an additional basis for HHS's approval of invoices, etc, for rcimbursement. Housing Authority 2007 (2) HOME TBRA Agreement Page 19 of27 Agenda Item No. 1606 January 27,2009 Page 22 of 29 H. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS Safe decent, Affordablc Housing by Provide homeless persons Funding will provide affordable, rental providing approximately or persons on verge of approximately thiliy- housing thiliy-eight (38) homelessness an cight (38) participants participants with rental, opportunity to safe, decent with rental and utility security, and utility and affordable rental assistance assistance housine: I. DAVIS-BACON ACT: The SPONSOR shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SPONSOR shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-Bacon Act in its construction bid solicitation and sub-contract(s). J. COMPENSATION: The County shall reimburse the SPONSOR for the perfOlmance of this Agreement upon completion or patiial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress repolis, but not more frequently than oncc per month. A progress payment can be made for any eligible activity listcd in the contract as approved by HHS. If approved by HHS, the SPONSOR may be reimbursed as the project progresses prior to final completion of assisting the participants. Payment will be made upon receipt of a proper invoice and in compliat1ce with Section 218.70, Fla. Stat. otherwise known as the "Local Government Prompt Payment Act." End of Exhibit A Housing Authority 2007 (2) HOME TBRA Agreement Page 20 of 27 Agenda Item No. 16D6 January 27,2009 Page 23 of 29 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Collicr County Housing Authority, Inc. SPONSOR Address: ] 800 Farmworker Way. Immokalee, FL 34142 Project Name: Tenant Based Rental Assistance (TBRA) Project No: HM07-07 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 275,000.00 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) $ 1 celtify that this request for reimbursement has been dmwn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Reimbursement is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator __ Supervisor Dept Director (approval authority under $14,999) (approval required S 15,000 and above) End of Exhibit B Housing Authority 2007 (2) HOME TBRA Agreement Pagc 21 of27 Agenda Item No. 16D6 January 27,2009 Page 24 of 29 EXHIBIT "C" ADDlTrONAL HOME GRANT REOUlREMENTS A. 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 peltaining to household size, income levels, racial charactelistics, and the presence of Female Headed Households in order to detelmine low and moderate-income benefit in a cumulative and individual manner. Income documentation shall be in a fOlm consistent with HOME requirements as stated in the HUD Technical Guide for Detemlining Income and Allowances Under the HOME ProL.'Tam. The HOME program requires tenant income certification to ensure that thev are income-eligible and the proiect is in compliance with initial occupancv requirements. Tenant Income MUST be re-examined annually. and submitted to Housing & Human Services. B. In the selection of occupants for PROJECT units, the SPONSOR shall comply with all non- discrimination requirements of 24 CFR 92.350, Such procedures are subject to approval by HHS. The SPONSOR will implement affirmative marketing procedures as required by 24 CFR 92.35 I. Such procedures are subject to approval by HHS. C. The SPONSOR shall assure compliance with 24 CFR 92.251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. TIle SPONSOR must provide documentation approved by HHS regarding match for purposes of the HOME program. Match is required for this activity. End of Exhibit C Housing Authority 2007 (2) HOME TDRA Agreement Page 22 of27 Agenda Item No. 16D6 January 27, 2009 Page 25 of 29 EXHIBIT "D" INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Housing and Human Services Department, 3050 Horseshoe Drive North, Suite 110, Naples, Florida 34104, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covcring all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occun'ence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (a) - (c) above, a Ceriificate of Insurance must be provided as follows: (d.) Professional Liability Insurance in the name of the SPONSOR or the licensed design professional employed by the SPONSOR in an amount not less than $300,000 per occurrence providing for all sums which the SPONSOR and/or the desib'11 professional shall bccome legally obligated to pay as damages fro claims mising out of the services performed by the SPONSOR or any person employed by the SPONSOR in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in (a) - (d) above, the SPONSOR shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: (e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or sttucture(s). The policy shall be in the name of Collier County and the SPONSOR. Housing Authority 2007 (2) HOME TBRA Agreement Page 23 of 27 Agenda Item No. 16D6 January 27,2009 Page 26 of 29 Exhibit D, Continued (f.) Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.LM.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERA nON/MANAGEMENT PHASE (fF APPLICABLE) After the ConstlUction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: (g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. (h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. (i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.LM.A. End of Exhibit D Housing Authority 2007 (2) HOME TBRA Agreement Page 24 of27 Agenda Item No. 16D6 January 27,2009 Page 27 of 29 EXHIBIT "E" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to H ou",illg & Human Services staff by the 1(1" of the following month. Status Rcport for Month of Submittal Date: Project Name Tenant Based Rental Assistance (TBRA) Proj ect Number HM07-07 Activity Numher 267 SPONSOR: Collicr County Housing Authoritv. Inc. Contact Person Angela Edison Telephone: 732-0732 Fax: 657-7232 E-mail: EdisonccharW,aol.com 1. Activity Status/Milestones (dcscribe 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. Housing Authority 2007 (2) HOME IBRA Agreement Page 25 of 27 Agenda Item No, 16D6 January 27,2009 Page 28 of 29 Exhibit E, Continued 6. New leases executed this month (if applicable): Name, Address, and Unit Number of Applicant Ren t/Security Utility Deposit Deposit 7. For projects that serve a particular clientele, please complete thc following infonnation by entering the appropriate number in the blank spaces and in the chait below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by eithcr 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 cun'ent 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. " Ofthese households or persons assisted, are low-income (5\-80%) of the CUlTent Median Family Income (MFI). Enter this number in box "4. " NOTE: The total (Jfboxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted number in box "5" below. Female Head of Households REGARDLESS of income. Enter this BOX 1 BOX2 BOX 3 BOX4 BOX 5 Total Number of Extremely Vel)' Low (ncome Female Head of HousellOlds or Persons Low Income Low Income 151-80%) Household Assisted (0-30%) (31-50%) , I , ! Housing Authority 2007 (2) HOME TBRA Agreement Page 26 of27 Agenda Item No. 16D6 January 27,2009 Page 29 of 29 Exhibit E, Continued SPONSOR must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: 1. While: 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 cxample, Cambodia, China, India, .lapan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origms in any of the original peoples of North and South I'\merica (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 culturc or origin, regardless of race, Tabulation Table of Race and Ethnicitv Beneficiaries -....-- Race # Total Ii Hisnanic 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 Amelican and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: End of Exhibit E Housing Authority 2007 (2) HOME TBRA Agreement Page 27 of 27