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Agenda 10/14/2008 Item #16D19Agenda Item No. 16D10 October 14. 2008 Page 1 of 31 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a $33,217.00 Housing and Urban Development (HUD) operating grant to The Collier County Housing Development Corporation (CCHDC) to assist a Community Housing Development Organization (CHDO) with their operations of affordable housing opportunities for low to moderate income families throughout Collier County. OBJECTIVE: To provide a $33,217 Home Investment Partnership Program (HOME) grant to The Collier County Housing Development Corporation (CCHDC) for the purpose of providing supplemental operating expenses to the CCHDC to benefit very low and low income citizens of Collier County. CONSIDERATIONS: The Collier County Housing & Human Services Department proposes to provide $33,217.00 from HOME funds to The Collier County Housing Development Corporation (CCHDC). CHDO operating grants are provided to certified CHDO's who are addressing a variety of housing needs in low income neighborhoods. These non -profit housing providers can provide an array of services to include community education, grant writing, build houses, rehabilitate existing homes, partner with for - profit housing providers or undertake other housing and community development initiatives that benefit very low and low income citizens. CHDO operating funds may include salaries, wages, and other employee compensation and benefits, education, travel, training, rent, utilities, professional consultants, communication costs, taxes, insurances, equipment, materials, supplies and other expenses related to CHDO operations. On April 22, 2008 the Board of County Commissioners adopted Resolution No. 2008 -121 approving the submission of the One -Year Action Plan for FY 2008 — 2009 to HUD. This Action Plan provided a summary of the projects to be funded between July 1, 2008 and June 30, 2009. The project included in this agreement was approved as part of the FY 2008 -2009 Action Plan. FISCAL IMPACT: Approval of this agreement will provide a HOME grant in the amount of $33,217.00 to The Collier County Housing Development Corporation (CCHDC) a Community Housing Development Organization (CHDO) to address a variety of housing needs with this operating L_ No general funds are being utilized in this HOME project. GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office. It is legally sufficient for Board action. CMG RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a $33,217.00 grant to The Collier County Housing Development Corporation (CCHDC) using HUD Home Investment Partnership Program (HOME) funds. .,.. Prepared by: Rosa Munoz, Grants Coordinator Housing and Human Services Department Agenda Item No. 16D19 October 14, 2008 r''-age2ol81 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION CHDO — Operating Catalog of Federal Domestic Assistance # 14.218 HUD Grant # M- 08 -UC -12 -0017 THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and "The Collier County Housing Development Corporation (CCHDC)," a private not- for - profit corporation existing under the laws of the State of Florida, having its principal office at 4779 Enterprise Avenue, Naples, FL 34104, and its Federal Tax Identification number as 38- 3695928, hereinafter referred to as "DEVELOPER ". WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston - Gonzalez National Affordable Housing Act, as amended ( "ACT "), including funds that are reserved for the use of Community Housing Development Organizations (CHDO's); and WHEREAS, the DEVELOPER has been certified with the COUNTY as a CHDO, and has submitted an application for use of CHDO funds for a CHDO- eligible project under HOME regulations; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2008 -2009 for the HOME Program by Resolution 2008- 121 on April 22, 2008; 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 2008 -2009 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the DEVELOPER desire to provide the activities specified in this Agreement, in accord with the approved One -Year Action Plan; and WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such undertakings of the HOME Program as a valid and worthwhile County purposes. CCHDC 2008 -HOME CHDO - OPERATING Page 1 of 28 Agenda fteni No. 16D10 October 14, 2008 Page 3 of 31 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 (l.) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2.) "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. (3.) "HHS" means the Housing and Human Services Department of Collier County. (4.) "DEVELOPER" means THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION (CCHDC). (5.) "HHS APPROVAL" means the written approval of the Housing and Human Services Department or designee. (6.) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7.) "Low and moderate income persons" means the definition set by HUD. (8.) "PROJECT" means the work contemplated to be performed as set forth in Exhibit "A ". (9.) "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 term "Approval by the COUNTY' or like term used in this Agreement shall in no way relieve the DEVELOPER from any duties or responsibilities under the terms 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 DEVELOPER 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, hereof. (11.) "WORK" - is hereby defied as all the professional and technical services to be rendered or provided by the DEVELOPER as described here. (12.) CHDO — means a Community Development Organization (CHDO). CHDO PROVISIONS: It is understood that the DEVELOPER has certified that it is and will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT /AGREEMENT in accordance with 24 CFR 92. DEVELOPER agrees to provide information as may be requested by the AGENCY to document its continued compliance, including but not limited to an annual board roster 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. CCHDC 200R440ME CHDO-OPERATING Page 2 of 28 Agenda Item Flo. 10D19 October 14, 2008 Page 4 of 31 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. II. SCOPE OF SERVICES The DEVELOPER 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 part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement shall be July 1, 2008, and the services of the DEVELOPER 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 DEVELOPER prior to June 15, 2009. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The DEVELOPER shall be reimbursed by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed THIRTY THREE THOUSAND TWO HUNDRED AND SEVENTEEN and 00/100 DOLLARS (U.S. 533,217.00) for the services described in Exhibit "A ". All improvements specified in Exhibit "A" shall be performed by DEVELOPER employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The DEVELOPER shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the DEVELOPER 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 HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the DEVELOPER when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The DEVELOPER agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations concerning HOME Investment Partnership Program Grants (HOME) and all federal regulations and policies issued pursuant to these regulations. The DEVELOPER further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. CCHDC 2008 -HOME CHDO - OPERATING Page 3 of 28 Agenda Item No. 16D19 October 14. 2008 Page 5 of 81 VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The DEVELOPER shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS. No payments will be made until approved by HHS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the DEVELOPER shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HHS Department or designee within forty -five (45) days of said official notification. B. DEBARMENT: In accordance with 24 CFR part 135, the DEVELOPER certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the DEVELOPER shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance period f the Agreement, the DEVELOPER agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The DEVELOPER further agrees to abide 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. 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. CCHDC 2008 -HOME CHDO - OPERATING Page 4 of 28 Agenda Item No. 16D10 October 14, 2008 Page 6 of 31 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 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 %HOME. Sec attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 113115 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. CCHDC 20M -HOME CHDO- OPERATING Page 5 of 28 Agenda Item No. 16D10 October 14, 20013 Page 7 of 31 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB 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. 31. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sec. and regulations relating thereto. Failure by the SUBRECIPIENT to crnnply with the Laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 32. Prohibition Of Gifts To County Employees- No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. 33. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terns of any Supplemental Conditions shalt take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor- at Owner's discretion. 34. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. CCHDC 2008 -HOME CHDO- OPERATING Page 6 of 28 Agenda Item No. 16D19 October 14, 2008 Page 8 of 31 35. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT 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 commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT 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 party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. D. SUBCONTRACTS Any work or services subcontracted by the DEVELOPER 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 DEVELOPER of any subcontract hereunder, such subcontracts must be submitted by the DEVELOPER to HHS for its review and approval, which will specifically include a detennination 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 DEVELOPER 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 DEVELOPER or reimbursed by the COUNTY without prior written approval of the HHS or his designee. E. AMENDMENTS This Agreement, along with all exhibits and attachments which are hereby incorporated as a part of this Agreement, may not be modified, amended, or extended orally. 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. This Agreement 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 CCHDC 2008 -HOME CHDO - OPERATING Page 7 of 28 Agenda Item No. 16D19 October 14, 2006 Page 9 of 31 modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the DEVELOPER 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 the DEVELOPER or anyone employed or utilized by the DEVELOPER in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The DEVELOPER will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the DEVELOPER will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The DEVELOPER will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This signs construction utilizes a minimum conventional 4'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 secured by the DEVELOPER with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of termination, the DEVELOPER shall not be relieved of liability to the COUNTY for darnages sustained by the COUNTY by virtue of any breach of the Contract by the DEVELOPER, and the COUNTY may withhold any payment to the DEVELOPER for set -off purposes until such time as the exact amount of damages due to the COUNTY from the DEVELOPER is determined. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper mamrer 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, teminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the DEVELOPER for services rendered pursuant to this Agreement through and including the date of termination. CCHDC 2008 -HOME CHDO- OPERATING Page 8 of 28 Agenda Item No. 16D19 October 14; 2008 Page 10 of 31 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 tenninated effective on the date that HUD specifies. 1. INSURANCE DEVELOPER 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. DEVELOPER LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit D shall not relieve the DEVELOPER 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 period, but not in the manner prescribed in these requirements, the DEVELOPER shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the DEVELOPER 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 DEVELOPER shall be in default of the terns and conditions of the contract. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The DEVELOPER 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 1. The DEVELOPER 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, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the DEVELOPER for the purpose of this Agreement shall be made available to the COUNTY by the DEVELOPER at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. 3. The DEVELOPER shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and CCHDC 2008 -HOME CHDO - OPERATING Page 9 of 28 Agenda Item No. 16019 October 14, 2008 Page 11 of 31 HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. DEVELOPER shall submit monthly beneficiary reports to HHS using Exhibit "C ". 5. The DEVELOPER 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. DEVELOPER shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the DEVELOPER shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. Indirect Costs: If indirect costs are charged, the Developer will develop an indirect cost allocation plan for determining the appropriate Developer's share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. 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 -110, 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 & HUMAN SERVICES COUNTY AND HUD REQUIREMENTS HHS shall have the right under this Agreement to suspend or terminate reimbursement until the DEVELOPER 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 (l.) All subcontracts and agreements proposed to be entered into by the DEVELOPER pursuant to this Agreement; (2.) All capital equipment expenditures of $1,000 or more; (3.) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (4.) All change orders; and (5.) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (6.) All rates of pay and pay increases paid out of HOME firnds, whether for merit or cost of living. CCHDC 2008 -HOME CHDO - OPERATING Page 10 of 28 Agenda Item No. 16D19 October 14, 2008 Page 12 of 31 G. AUDITS AND INSPECTIONS Non - profit organizations that expend $500,000 or more annually in federal awards shall have a single or program- specific audit conducted for that year in accordance with OMB 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 perfonned in accordance with OMB A- 133. DEVELOPER s who will be receiving, or who have received, federal awards for loans or loan guaranteed programs with may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Non - profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB 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 governing the program in which they participate. Records must be available for review or audit by appropriate officials of federal and County agencies. 3. When the requirements of OMB A -133 apply, or when the DEVELOPER elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the DEVELOPER. Each audit shall include a fiscal review, which includes a validation of all program- generated income and its disposition, especially attributable to HOME funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by HHS no later than six months following the end of the DEVELOPER's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A -133 do not apply or are not elected, the DEVELOPER may choose to have an audit performed either on the basis of the DEVELOPER's fiscal year or on the basis of the period during which HHS - federal assistance has been 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 terms of this contract. A copy of the audit report in triplicate must be received by HHS no later than six months following each audit period. 5. The DEVELOPER 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 the County pursuant to the terms of this contract. 6. The DEVELOPER shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. CCHDC 2008 -HOME CHDO- OPERATING Page 11 of 28 Agenda Item No. 16D19 October 14, 2008 Page 13 of 31 The DEVELOPER shall ensure that the Contract Records shall be, at all times, subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. S. The DEVELOPER shall include in all HHS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are 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, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above. H. PROGRAM - GENERATED INCOME All income earned by the DEVELOPER from activities financed in whole or in part by funds provided hereunder must be reported to HHS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The DEVELOPER shall report its plan to utilize such income to HHS, and said plan shall require the prior written approval of the HHS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A -I10 (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 92.503 for HOME 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 DEVELOPER 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 DEVELOPER requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES DEVELOPER'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 prograrn 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 DEVELOPER 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 CCHDC 2008 -HOME CHDO - OPERATING Page 12 of 28 Agenda Item No. 16D19 October 14, 2008 Page 14 of 31 awarded contracts in connection with the project. The DEVELOPER shall comply with the Section 3 Clause of the 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 DEVELOPER 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 HOME 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 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 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 DEVELOPER shall provide written verification of compliance to HHS upon HHS' request. D. EVALUATION AND MONITORING The DEVELOPER agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The DEVELOPER agrees to furnish upon request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HHS or the COUNTY. The DEVELOPER 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 DEVELOPER shall allow HHS or HUD to monitor the DEVELOPER on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. E. CONFLICT OF INTEREST The DEVELOPER 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 DEVELOPER. Any possible conflict of interest on the part of the DEVELOPER or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. CCHDC 2008 -HOME CHDO- OPERATING Page 13 of 28 Agenda item No. 10D19 October 14. 2008 Page 15 of 31 F. PUBLIC ENTITY CRIMES As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any work in furtherance hereof, the DEVELOPER 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 Section 287.133 (3)(a), Fla. Stat. G. DRUG -FREE WORKPLACE REQUIREMENTS The DEVELOPER, 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: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ?. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn -LLL, "Disclosure Forni 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 DEVELOPERS shall certify and disclose accordingly. L REAL PROPERTY Any real property acquired by the DEVELOPER 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 /HOME Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the DEVELOPER's CCHDC 2008 -HOME CHDO- OPERATING Page 14 of 28 Agenda Item No. 16D19 October 14, 2008 Page 16 of 31 control, which is acquired or improved in whole or part with CDBG /HOME funds in excess of $25,000, must adhere to the CDBG /HOME Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The DEVELOPER, as DEVELOPER, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the DEVELOPER 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 DEVELOPER 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 DEVELOPER 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 perfonmance 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. CCHDC 2008 -HOME CHDO- OPERATING Page 15 of 28 Agenda Item Flo. 16D19 October 14, 2005 Page 17 of 31 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 terns and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the DEVELOPER 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 property that was purchased with HOME funds. Any real property under DEVELOPER 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 regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS HOME funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 5702000) specifies the limitations on HOME funds, and is herein incorporated by reference. In addition, any DEVELOPER that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -eight (28) 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. CCHDC "OOS -HOME CHDO- OPERATING Page 16 of 28 Agenda Item No. 16D19 October 14, 2008 Page 18 of 31 IN WITNESS WHEREOF, the Developer and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this October 14, 2008. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts Dated: ( SEAL) MR Tom Henning, Chairman COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION rirst i mess Y Su •ecipie t Signature Type/pr4it witness name Second Witness Type /print witness name Approved as to form and legal sufficiency: Assistant County Attorney Signature ally Type/Print Name CCHDC 2008 -.HOME CHDO - OPERATING Kathy Patterson, Executive Director Page 17 of 28 Agenda Item No. 16D19 O--tober 14, 2008 Page 19 of 31 EXHIBIT "A" SCOPE OF SERVICES HOME — CHDO OPERATING THE COLLIER COUNTY HOUSING DEVELOPRIENT CORPORA TION (CCHDC) THE DEVELOPER AGREES TO: A. PROJECT SCOPE: Funding for the Collier County Housing Development Corporation (CCHDC) will be used to supplement the CCHDC's Operating Expenses. This funding will pay for rent, phone and partially pay for the salary of the Executive Director. Project expenses shall be paid based on vouchers for actual expenses paid NOT TO EXCEED THIRTY THREE THOUSAND TWO HUNDRED AND SEVENTEEN DOLLARS ($33.217.00). Requests for payment must be submitted by the DEVELOPER on forms specified by the COUNTY" (Exhibit "B "), with adequate and proper documentation of eligible costs incurred in compliance with 24 CFR 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. Final completion date shall be no later than September 30, 2009. The DEVELOPER will be responsible for the following: Workshop /Training Activities: • Grant Writinc, • Community Education • Financial Marraaement • Continued Ilomebuyer Education and Counseling • Fundraising • Housing Development Process • Continue Strategic Planning /Business Planning • Coordinate the Annual Housing Fair-, including participation and assistance with Annual Housing Fair Activities B. BUDGET: CCHDC (HOME CHDO Operating) - Salary 526,017.00 Rent $ 4,800.00 Phones $ 2,400.00 TOTAL COST: $33,217.00 If indirect costs are charged, the Developer will develop an indirect cost allocation plan for determining the appropriate Developer's share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. CCHDC 2008 -HOME CHDO- OPERATING Page 18 of 28 Agenda item No. 16D19 October 14, 2008 Page 20 of 31 Exhibit A, Continued C. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. D. BONDING REQUIREMENTS: The DEVELOPER 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. 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 HOME funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: MILESTONE /TASK END DATE Attend Monthly Affordable Housing 9/30/09 Commission, BCC, and Copeland Civic Accessibility to new Association and other meetings as needed. CCHDC as the CHDO An average of two per month. housing opportunities Attend and document a minimum of six 9/30/09 workshop /training opportunities/conferences. Expenses Operating Expenses Coordinate the CCHDC's participation in the 9/30/09 2009 Housing Fair. Continue to implement and expand the 9/30/09 business /strategic plan adopted by the CCHDC board. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be sacbtnitted to HHS. G. REPORTS: The DEVELOPER shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the DEVELOPER 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 reimbursement. H. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS DECENT Accessibility to new CHDO Operating and CCHDC as the CHDO AFFORDABLE housing opportunities Administrative assisted with CHDO HOUSING Expenses Operating Expenses CCHDC 2008 -HOME CHDO - OPERATING Page 19 of 28 Agenda Item No. 16010 October 14, 2063 Page 21 of 31 Exhibit A, Continued I. DAVIS -BACON ACT: The DEVELOPER shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The DEVELOPER 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 DEVELOPER for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHD pursuant to the submittal of monthly progress reports as identified in Section G. Payments shall be made to the DEVELOPER when requested as work progresses, but not more frequently than once per moth. Adherence to the work schedule identified in Section F will be required, unless modified in writing by parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise know as the "Local Government Prompt Payment Act ". CCHDC 2008 -HOME CHDO- OPERATING Page 20 of 28 Agenda Item No. 16D19 October 14, 2003 Page 22 of 31 End of Exhibit A CCHDC 2008 -HOME CHDO - OPERATING Page 21 of 28 Agenda Item No. 16019 October 14, 2008 Page 23 of i EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Developer /Subrecipient Name: The Collier County Housing Development Corporation (CCHDC Developer /Subrecipient Address: 4779 Enterprise Avenue Naples FL 34104 Project Name: HOME - CHDO- OPERATING Project No: HM08 -04 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past CIaims 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 $ 33,217 $ $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for reimbursement has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. 1 also certify that the amount of the Request for Reimbursement is not in excess of current needs. Sigmature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15.000 and above) CCHDC 2008 -HOME CHDO- OPERATING End of Exhibit B Page 22 of 28 EXHIBIT "C' ADDITIONAL CHDO GRANT REQUIREMENTS No additional HOME CHDO requirements for this agreement. CCHDC 2008 -HOME CHDO- OPERATING End of Exhibit C Page 23 of 28 Agenda Item No. 16019 October 14, 2008 Page 24 of 31 Agenda Item No. 16D19 October 14, 2008 Page 25 of 31 EXHIBIT "D" INSURANCE REQUIREMENTS The SUBRECIPIENT 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 combincd Bodily Injury and Property Damage, Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in coiu-iection with this contract in an amount not less than 5300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (1) — (3) above, a Certificate of Insurance must be provided as follows: (c.) Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in (1) — (4) above.. the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: (c.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 00) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. (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.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. CCHDC 2008 -HOME CHDO- OPERATING Page 24 of 28 Agenda Item No, 16D19 October 14, 2008 Page 26 of 31 Exhibit D, Continued OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or Contract: (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 Iess 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.I.M.A. CCHDC 2008 -HOME CHDO - OPERATING End of Exhibit D Page 25 of 28 Aaenda Etpm No. 16D! 9 Cutober 14, 2008 Page 27 at 31 "EXHIBIT E" CCHDC (2008 HOME CHDO OPERATING) HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Hunt an Services staff by the lVh of the following month. Status Report for Month of Project Name CHDO OPERATING Submittal Date: Project Number HMOS -04 Activity Nuinber DEVELOPER: The Collier County Housing Development Corporation (CCHDC) Contact Person Kathy Patterson Executive Director Telephone: (239) 434 -2397 Fax: (239) 430 -2387 E -mail: easf cc earthlink net 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. CCHDC 2008 -HOME CHDO-OPERATING Page 26 of 28 Agenda Item No. 16D19 October 14, 20013 Page 28 of 31 Exhibit E, Continued 6. List meetings attended. Please include dates and a brief description. Name and Description of Meeting Date Attended i 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or persons "). Enter the number o_f 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 Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I 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 °0) Household Assisted (0 -30 %) (31 -50 %) 1 CCHDC 2008 -HOME CHDO- OPERATING DEVELOPER must indicate total beneficiaries for Race AND Ethnicity Page 27 of 28 Exhibit E, Continued Definitions of Race: Agenda Item No. 16D19 October 14. 2008 Pace 29 of 31 White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African - American: A person having origins in any of the black racial groups of Africa. 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. 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. 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 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: CCHDC 2008 -HOME CHDO- OPERATING Page 28 of 28 Page 1 of 2 Agenda Item No. 16D19 October 14, 2008 Page 30 of 31 file: / /C: \AgendaTest \Export\ 114- October %2014, %202008\ 16. %2000NSENT %20AGEND... 10/8/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D19 Item Summary: Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a 533.217.00 Housing and Urban Development (HUD) operating grant to The Collier County Housing Development Corporation (CCHDC) to assist a Community Housing Development Organization (CHDO)with their operations of affordable housing opportunities for low to moderate income families throughout Collier County. Meeting Date: 10/14/2008 9:00:00 AM Prepared By Rosa Muoz Grants Management Coordinator Date Community Development & Financial Admin. &Housing 9/2412008 5:7:24 PM Environmental Services Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 9/25/2008 8:06 PM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney Office 9/2612006 1:38 PM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 9126.12008 1:43 P[dl Approved By Steve Carnell Purchasinglrenerai Svcs Director 'Date Administrative Services Purchasing 9f2612008 4:59 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 9/29/2008 4:38 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 913012008 8:35 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office office of Management & Budget 5130/2008 11:40 AM Approved By file: / /C: \AgendaTest \Export\ 114- October %2014, %202008\ 16. %2000NSENT %20AGEND... 10/8/2008 James V. Mudd County Manager Date Page 2 of 2 Agenda Item No. 16D19 October 14, 2063 Page 31 of 31 Board of County County Manager's Office 9130/2008 12:51 PM Commissioners file: / /C: \AgendaTest \Export\ 114- October %2014. %202008\ 1 6.%2000N S ENT%20AG END... 10/8/2008