Agenda 10/14/2008 Item #16D20Agenda item No. 16020
October 14, 2008
Page 1 or 20
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign a subrecipient agreement providing for a $99,653.00 Housing and Urban
Development (HUD) grant to The Empowerment Alliance Corporation of SW Florida for
Acquisition of a six acre parcel in Immokalee, FL for the development of twenty -eight (28)
single- family homes (Esper•anza Place) that will be sold to families earning 80% or less of
median family income (approximately 235 persons will benefit).
OBJECTIVE: To provide a $99,653.00 Home Investment Partnership Program (HOME) grant to
The Empowerment Alliance Corporation of SW Florida (EASF) for the development of twenty -
eight (28) single - family homes (Esper-an--a Place) that will be sold to families earning 80% or less
of median family income (approximately 235 persons will benefit). To provide funding to EASF
through the approval of a $99,653.00 Home Investment Partnership Program (HOME) grant. Grant
funds may be used for the purchase of the land and for appraisal and closing costs fees.
CONSIDERATIONS: The Collier County Housing & Human Services Department proposes to
provide 599,653.00 from HOME funds for a grant to The Empowerment Alliance Corporation of
SW Florida (EASF).
This project will consist of acquisition of a six acre parcel in Immokalee, FL for the development of
twenty -eight single family units known as Esperanza Place. This HOME funding will be utilized by
low and very -low income households mecting HUD Income Guidelines.
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
$99,653.00 to The Empowerment Alliance Corporation of SW Florida for land acquisition. No
general funds are being utilized in this HOME project.
GROWTH MANAGEMENT IMPACT: This grant will allow The Empowerment Alliance
Corporation of SW Florida to acquire a 6 -acre parcel in Immokalee, FL. 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 $99,653.00 grant to The Enlpowennent
Alliance Corporation of SW Florida using HUD Home Investment Partnership Program (HOME)
funds.
Prepared by: Rosa Munoz, Grants Coordinator
Housing and Human Services Department
Agenda Item No. 16D20
October 14, 2008
Page 2 of 29
AGREEMENT BETWEEN COLLIER COUNTY
AND
EMPOWERMENT ALLIANCE CORPORATION
OF SOUTHWEST FLORIDA (EASF DEVELOPER)
ESPERANZA PLACE
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 Empowerment Alliance Corporation of
Southwest Florida," a private not- for -profit corporation existing under the laws of the State of Florida, having
its principal office at 750 South Fifth Street, Immokalee, FL 34142, and its Federal Tax Identification number
as 59- 3682139, hereinafter referred to as "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 "); 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.
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Agenda Item No. 16D_20
0utober 14, 2008
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NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained,
including the Attachments, and subject to the terns and conditions hereinafter stated, the Parties hereto
understand and agree as follows:
DEFINITIONS
(1.) "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 EMPOWERMENT ALLIANCE CORPORATION OF SW
FLORIDA (EASE).
(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 u'ORK as further defined in Section 111,
Scope of Work, hereof.
(11.) "WORK" - is hereby defined as all the professional and technical services to be rendered or
provided by the DEVELOPER as described here.
(12.) CHDO — means a Community Housing 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 tern 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 24 CFR 92301, and are
forgivable only under the terms in 24 CFR 92.301.
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Agenda Item No. 16D20
October 14, 2008
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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 pennitted 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)(5),
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 NINETY NINE THOUSAND SIX HUNDRED FIFTY THREE AND 00 /100
DOLLARS (U.S. $99,653.00) 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 Housing and
Human Services 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.
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,%gent;a Item No. 16D20
October 14, 2005
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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.
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Agenda Item No. 16G20
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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. See attachment A -3.
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 1.1625 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.
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Agenda Item No. 16D20
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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 comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
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
531 1.
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
terns of all other Contract Documents, except the terns of any Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
34. Venue - Any suit or action brought by either party to this Agreernent 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.
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Agenda Item No. 16D20
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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 determination of compliance with the terms of the attached Work Program set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons 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 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
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Agenda Item No. 16D20
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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 damages 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 manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, tenninate this Agreement upon ten (10) working days written notice to the other party.
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Agenda Item No. 16D20
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Upon termination, the COUNTY shall pay the DEVELOPER for services rendered pursuant to
this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
I. INSURANCE
DEVELOPER shall obtain and cant', 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.
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 (I5) 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 terms 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
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.
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Aaenda Item No. 16D20
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The DEVELOPER shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi),
4. 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 tenninate 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
(I.) 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 funds, whether for merit or cost of
living,
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G. AUDITS AND INSPECTIONS
I . 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.
EASF
2008 -HOME
CHDO -SET ASIDE
Page 11 of 27
Agenda Item No, 16D20
October 14. 2008
Page 13 of 20
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.
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 -110 (Uniform Administrative Requirement for Federal
Grants) and other applicable regulations incorporated herein by reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 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 program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records.
IX. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The 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 perfonnance 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
EASF
2008 -HOME
CHDO -SET ASIDE
Page 12 of 27
Agenda Item No. 16D20
October 14, 2008
Page 14 of 29
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.
EASF
2008 -HOME
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Page 13 of 27
Agenda item too. 16D20
October 14. 2008
Page 15 of 29
F. PUBLIC ENTITY CRIMES
As provided in Section 28 7.133, 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.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying ", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative Agreements) and that all 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
EASF
2008 -HOME
CHDO -SET ASIDE Page 14 of 27
Agenda Item No, 16D20
October 14, 2008
Page 16 of 20
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 performance of the Contract. In
general, concurrence from the State Historic Preservation Officer is required for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included, on a Federal, state, or local historic property list.
EASF
2008 -HOME
CHDO -SET ASIDE
Page 15 of 27
Agenda item No. 16D20
October 14. 2008
Page 17 of 20
XI. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the 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).
X1II. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.2000) 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 -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, warranties, covenants, or undertakings other than those expressly set forth herein.
EASF
2008 -HOME
CHDO -SET ASIDE
Page 16 of 27
Agenda Item No. 16D20
October 14, 2008
Page 18 of 29
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.
ATTEST:
Dwight E. Brock, Clerk of Courts
I=
Dated:
(SEAL)
First Witness
witness
Second Witt s
{ i
rf'Q
Type /print wit ,ss name
Approved as to fonn and
legal sufficiency:
� County Attorney Signature
Type /Print Name
EASF
2008 -HOME
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I1
Tom Henning, Chairman
THE EMPOWERMENT ALLIANCE CORPORATION OF
SW FLORIDA (EASF)
ubrecipieti�- ignature L
Edward "Ski" Olsesky, Chairman
Page 17 of 27
Agenda !tern No. 16D20
October 14, 2008
Wage 19 of 20
EXHIBIT "A"
SCOPE OF SERVICES
HOME — SET ASIDE
EMPOWERMEjVT ALLIANCE OF SW FLORIDA (E.ASF).
ESPERANZA PLACE
THE DEVELOPER AGREES TO:
A. PROJECT DESCRIPTION:
The purpose of this funding is for the acquisition of a six acre parcel in Immokalee, FL. This HOME
funding in the amount of NINETY NINE THOUSAND SIX HUNDRED FIFTY THREE DOLLARS
AND NO CENTS ($99,653.00) will be utilized by low and very -low income households meeting the
HUD Income Guidelines for a parcel named Esperanza Place. Funding may also include appraisal and
closing cost fees.
Final completion date shall be no later than June 15, 2009.
The DEVELOPER will provide a specific working budget and realistic timetable as relates to all
HOME and non -HOME funds and shall be submitted within thirty (30) days of the agreement
approval. If documents are not received, requests for payments cannot be processed. The creation and
maintenance of income eligibility files on clients served and documentation that all households are
eligible under HUD Income Guidelines.
The DEVELOPER firrther agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the DEVELOPER's compliance with the above.
B. BUDGET: ESPERANZA PLACE (HOME CHDO Set Aside) — EASF
Line Item: HOME Funds
Land Acquisition 599,653
Appraisal & Closing Costs
Total $99,653
Other Funding Sources
Foreclosure Strategy (CDBG) S'157,250
Private Agency Funds $ 65,097
TOTAL PROJECT: $325,000
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. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
EASF
2008 -HOME
CHDO -SET ASIDE Page 18 of 27
Agenda Item No. 16D20
October 14, 20073
Page 20 of 29
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:
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted 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.
After funding is expended, the monthly reporting requirements remain until 51% of the units
are occupied.
H. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE
MILESTONE /TASK
END DATE
INDICATORS
Appraisal of parcel
December 31, 2008
Acquisition
June 15, 2009
Closing of Parcel
June 15, 2009
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted 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.
After funding is expended, the monthly reporting requirements remain until 51% of the units
are occupied.
H. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE
OUTCOMES
ACTIVITY
INDICATORS
DECENT HOUSING
Affordable housing
Land acquisition for
Land purchase as
LMH
through land acquisition
new single - family
indicated by deed of
24 CFR 570.208(a)(3)
17A
housing units
sale
DAVIS -BACON ACT: The DEVELOPER shall request the County to obtain a Davis -Bacon wage
decision for the project prior to advertising the constriction 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).
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 ".
EASF
2008 -HOME
CHDO -SET ASIDE
Page 19 of 27
EASF
20085 -FIOME
CHDO -SET ASIDE
End of Exhibit A
Page 20 of 27
Agerrd'a item No. 116D20
October 14, 2008
Paae 21 of 29
Agenda Item No. 16D20
October 14, 2008
Page 22 of 29
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
Developer /Subrecipient Name: Empowerment Alliance Coloration of SW Florida (EASF)
Developer /Subrecipient Address: 750 South Fifth Street Immokalee FL 34142
Project Name: HOME CHDO -SET ASIDE — Land Acquisition - Esperanza Place
Project No: HM08 -05 Payment Request #
Dollar Amount Requested: $
SECTION 11: STATUS OF FUNDS
1. Grant Amount Awarded
$ 99,653
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded Less
Sum of all requests) $
I certify that this request for reimbursement has been drawn in accordance with the terns 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
EASF
2008 -HOME
CHDO -SET ASIDE
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
Page 21 of 27
EXHIBIT "C'
ADDITIONAL CHDO GRANT REQUIREMENTS
No additional CHDO grant requirements for this agreement.
EASF
2008 -HOME
CHDO -SET ASIDE
End of Exhibit C
Page 22 of 27
Agenda item No. 16D20
October 14, 2008
Page 23- of 29
Agenda item No. 16D20
October 14, 2008
Page 24 of 29
EXHIBIT "D"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Hutnan 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 covering all owned, non -owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 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 S300,000 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;
(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 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.
EASF
2008 -HOME
CHDO -SET ASIDE
Page 23 of 27
Agenda Item No. 16D20
October 14, 2008
Page 2:5 of 29
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 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.LM.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.
EAST
2008 -HOME
CHDO -SET ASIDE
End of Exhibit D
Page 24 of 27
Agenda Item No. 16u20
October 14. 2008
Page 26 of 20
"EXHIBIT E"
EASF
(2008 HOME CHDO SET ASIDE)
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Services staff by the 10h of the following month.
Status Report for Month of
Submittal Date:
Project Name Land Acquisition for Esperanza Place
Project Number HM08 -05 Activity Number
DEVELOP ER/S PONS OR/SUBRECIPIENT: Empowerment Alliance Corporation of SW FL (EASF)
Contact Person Dottie Cook Executive Director
Telephone: (239)658 -3315 Fax: (239) 657 -3084
E -mail: easf� earthlink.net
I. Activity Status /lYiilestones (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.
EASF
2008 -HOME
CHDO -SET ASIDE
Page 25 of 27
Agenda Iterr. fro. 16D2n
October 14, 2008
Page 27 of 29
Exhibit E, Continued
6. New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions on
following page)
Ethnicity
(see definitions on
following page)
Total Number of E
Extremely V
Very L
Low Income F
Female Head of
Households or Persons L
Low In-oine L
Low hicome 5
51 H036) H
Household
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 of beneficiaries in the blank space and in box "1. "
INCOME
Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current
Median Familv Income (MFI). Enter this munbcr in box "2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current Median
Family Income (MFI). Enter this 7711171be1- in box "3. "
Of these households or persons assisted, are low- incorne (51- 80 °i0) of the current Median Family
Income (MFI). Enter this number in box "4. "
]VOTE: The total of boxes 2,3 and 4 should equal the number in box].
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this number
in box "5 " below,.
BOX 1 B
BOX 2 B
BOX 3 B
BOX 4 B
BOX 5
Total Number of E
Extremely V
Very L
Low Income F
Female Head of
Households or Persons L
Low In-oine L
Low hicome 5
51 H036) H
Household
Assisted
i
EASF
2008- HOIVTE
CHDO -SET ASIDE
DEVELOPER must indicate total beneficiaries for Race AND Ethnicih)
Page 26 of 27
Exhibit E, Continued
Definitions of Race:
Agenda Item No. 16D20
October 14, 2006
Page 28 of 20
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
2. Black or African - American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine
Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South
America (including Central America), and who maintains tribal affiliation or community attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam,
Samoa, or other Pacific Islands.
Definitions of Ethnicity:
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/Afrtcan American and White
American Indian/Alaskan Native and Black /African American
Other Multi- Racial
TOTAL:
EASF
2008 -HOME
CHDO -SET ASIDE
Page 27 of 27
Paae 1 of l
Agenda !tern Flo. 16D20
Oct--be, 14, 2008
Page 29 of 29
COLLIER COUNTY
1,0ARD ;.F COUNTY COMMISSIONERS
Item Number: 16020
Item Summary: R.ecommen:aaiion that the Board of County Commissioners approve and authorize the
Chairnnan to sign a subrecipient agreernent proviaing for a aS9.653 -00 Housing and Urban
Development (HUD! grant to The Ernpowerrnent Alliance Corporation of SW Florida for
.0 UiSftlOn SI }:." -iC;'e par;;e I i;- lnninoka ae. FL for the development of twenty- eight (28)
single-fan -,ily homes (Es- Deran_a Piace) that will oe sold to families earning 8Y!'o or less of
median famnv income (approximately 235 persons v01 benefit).
Meeting Date: 10/14/2003 00 DO AM
Prepared By
Posa NI'l dc.z
Grants lVianagserrent Coord',nat�:]r
Date
Community Deve opmen s
Financial Ad-min. & Housing
9f24'2008 5:03;48 ?Ck4
Env;ronmentaa Sery €ces
Approved By
Marcy Krumbine
D rector
Nate
Pubiic Services
n u s ; n a a Htjrnan S..nrices
9;:"'5,'200& 9:41 Pf01
Approved By
Cvlieen `.'sre?rie
D -fl te
Cc•unty At €crrioy
C
91262a08 9:a2 ABPI
Approved By
Linda Bes':
aI , "acs Agent
Cate
AdrnlniStrativC- Sle 'ViCeS
urcha °[tng
912'6!2008 •i :28 A10
Approved By
t4t4'EC Ranns=ev
-viz-
Pubiic Sera]--es
t ,_. S1c , ; -,cs Ad ..;n.
23!2008 4:41 PV,
Approved By
01VIS Coordinator
ON"IB B.Ocrfein2.tor
Date
County P:anacier'_, vtfce
Office c° h, -nrao =meat a sudcset
9r00;2at ° &:'6 M
Approved By
!Herr, Pryor
I<'ianagernert & Budget Analyst
(?sate
County €M'anager's Office
C'ffiCe of rjia ^Z dement & Eudget
° ?3012008 11 :4'C' APs1
.Approved By
James V. Wl,udd
County r0anager
Date
Board of County
County fllanager's Office
9i3n12408 1:35 PM,
Commissioners
file: / /C:AAgendaTest \Export \114- October %2014, %202008\ 16. %2000NSENT %20AGEND... 10/8/2008