Agenda 09/23/2008 Item #10KItem # 10K
September 23, 2008
Page 1 of 27
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve and authorize the
Chairman to sign a subrecipient agreement providing for a $1,104,000 Housing and Urban
Development (HUD) grant to Habitat for Humanity of Collier County, Inc. for land purchase
and /or foreclosed home acquisition and rehabilitation.
OBJECTIVE: For the Board of County Commissioners to approve and authorize the Chairman
to sign a subrecipient agreement providing for a $1,104,000 HUD Community Development
Block (CDBG) grant to Habitat for Humanity of Collier County, Inc. to purchase land and/or
foreclosed homes to rehabilitate for the benefit of low and moderate income residents in the
Naples Manor area of Collier County.
CONSIDERATIONS: The Collier County Housing & Human Services Department proposes
to provide $1,104,000 from HUD funds for a grant to Habitat for Humanity of Collier County,
Inc. This request will allow Habitat for Humanity to acquire land and/or foreclosed homes which
will be rehabilitated to provide housing to benefit low and moderate income residents of the
Naples Manor Area of Collier County. This strategy is consistent with HUD's Community
Development Block Grant (CDBG) national objectives to provide housing to low and moderate
income persons and households and to prevent blight.
FISCAL IMPACT: Approval of this agreement will provide a grant in the amount of
$1,104,000 to Habitat for Humanity of Collier County, Inc. from CDBG funds for the purchase
of land and/or the acquisition of foreclosed homes to rehabilitate which will be used to provide
housing for low or moderate income persons and households. No general funds are being
utilized in this CDBG project.
GROWTH MANAGEMENT IMPACT: This grant will allow Habitat for Humanity of Collier
County, Inc. to purchase land and/or acquire homes for rehabilitation which will be used for
housing to benefit the low and moderate income persons and households in the Naples Manor
area of Collier County. This project is consistent with the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attomey'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 $1,104,000 grant to Habitat for
Humanity of Collier County Inc., using HUD Community Development Block Grant (CDBG)
funds.
Prepared by: Margo Castorena, Grant Operations Manager,
Housing and Human Services Department
Item # 10K
September 23, 2008
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Recommendation for the Board of County Commissioners to approve and authorize the Chairman
to sign a subrecipient agreement providing for a $1,104,000 Housing and Urban Development
(HUD) grant to Habitat for Humanity of Collier County, Inc. for land purchase and /or foreclosed
home acquisition and rehabilitation. (Marcy Krumbine, Housing and Human Services Director)
Prepared By:
Department Date
Housing and Human Services 9/5/2008 5:13:26 PM
Approved By:
Department Approval
County Attorney Approved
Date
9/15/2008 11:50 AM
Approved By:
Department Approval Date
Office of
Management Approved 9/15/2008 4:33 PM
and Budget
Approved By:
Department Approval Date
County
Manager's Office Approved 9/15/2008 6:19 PM
ATTACHMENTS:
Name: Description: Type:
0 tITATFO HUMANIRE- HUD FORECLOSURE STRATEGY - HABITAT ES Executive Summary
HAB ITATFORH U MAN ITY -ES. doc
D HUDFO E.GL UREHabitatAareement odf HUD FORECLOSURE STATEGY- HABITAT
AGREEMENT Cover Memo
Item # 10K
September 23, 2008]
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AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
ACQUISITION- REHABILITATION - RESALE
SUPPLEMENTAL CDBG
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 08 -UC -12 -0016
THIS AGREEMENT, is entered into this day of 20, by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and
"Habitat for Humanity of Collier County, Inc.," a private not - for -profit corporation existing under the laws of
the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida 34113, and its
Federal Tax Identification number as 59- 1834379, hereinafter referred to as "SUBRECIPIENT ".
WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood /community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2008 -2009 Consolidated One -Year Action Plan was developed following the
Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 and April 22,
2008; and
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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 CDBG Program with
Resolution 2008- 121 on April 22, 2008, including the use of this standard form Agreement; 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 CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, the Board of County Commissioners of Collier County approved an amendment on September
9, 2008, to reprogram CDBG federal funds from previous years' Action Plans for the acquisition of land
and /or foreclosed home sites for rehabilitation which will be used as affordable housing for low and very low
income individuals and families in Collier County; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the
Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
I. DEFINITIONS
(l.) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2.) "CDBG" means the Community Development Block Grant Program of Collier County.
(3.) "HHS" means the Housing and Human Services Department of Collier County.
(4.) " SUBRECIPIENT" means Habitat for Humanity of Collier County, Inc.
(5.) "HHS's Approval" means the written approval of the Housing and Human Services
Department or designee.
(6.) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7.) "Low and moderate income persons" means the definition set by HUD.
(8.) "Project" means the work contemplated to be performed as set forth in Exhibit "A."
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II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks
necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and
made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement shall be September 23, 2008 and the services of the SUBRECIPIENT
shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services
required hereunder shall be completed by the SUBRECIPIENT prior to June 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 SUBRECIPIENT shall be reimbursed by the COUNTY for allowable costs, determined by COUNTY, in
an amount not to exceed ONE MILLION, ONE HUNDRED FOUR THOUSAND DOLLARS
($1,104,000.00), for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY,
which shall have access to all records and documents related to the project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
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SUPPLEMENTAL CDBG
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State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS.
No payments will be made until approved by the HHS Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or designee within forty -five (45) days of said official notification.
B. DEBARMENT:
In accordance with 24 CFR part 135, the SUBRECIPIENT 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 SUBRECIPIENT 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 of the Agreement, the SUBRECIPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws,
1. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
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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 Fonn 4010, which describes the Davis -Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG. See attachment A -3.
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79 -45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
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SUPPLEMENTAL CDBG
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- 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 seq. and
regulations relating thereto. Failure by the Contractor 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
5311.
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPIENT cost. None of the work or services covered by
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SUPPLEMENTAL CDBG
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this Agreement, including but not limited to consultant work or services, shall be subcontracted
by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the
HHS Department or his designee.
E. AMENDMENTS
Contract and 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, or an extension of time and schedule provided in Exhibit A that do not change the
project, or exceed the amount funded by the County, as stated herein. Any modifications to
this contract shall be in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT 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
SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT 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 SUBRECIPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction
sign for projects funded by HHS. This design concept is intended to disseminate key
information regarding the development team as well as Equal Housing Opportunity to the
general public. This signs construction utilizes a minimum conventional 4'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
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equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to FIRS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
I. INSURANCE
1. The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of
Services," in the County or the focus area(s) of Collier County.
2. 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 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.
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DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in (1) — (3) above, a Certificate of Insurance must be provided
as follows:
(d.) 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:
(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 the buildings' walls and
roof exist.
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.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.
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J. CONTRACTOR LIABILITY OBLIGATION
Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT shall be in default of the terms and conditions of the contract.
VIII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A —110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non -Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
I. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT
shall keep all documents and records for three (3) years after expiration of this
Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C"
The SUBRECIPIENT shall maintain records showing compliance with the Davis -
Bacon Law, including files containing contractor payrolls, employee interviews, Davis -
Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
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SUPPLEMENTAL CDBG
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compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
6. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect
cost allocation plan for determining the appropriate Subrecipient'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
IIHS shall have the right under this Agreement to suspend or terminate reimbursement until the
SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, or HUD at any time.
F. PRIOR WRITTEN APPROVALS - SUMMARY
The following activities require the prior written approval of the HHS Department or designee
in order to be eligible for reimbursement.
(1.) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT
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 CDBG funds, whether for merit or cost of
living.
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 performed in accordance with OMB A-
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133. SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT. Each audit shall
include a fiscal review, which includes a validation of all program- generated income and its
disposition, especially attributable to CDBG 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 SUBRECIPIENT's fiscal
year.
4. If an audit is required by Paragraph K of this contract, but the requirements of OMB A -133 do
not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed
either on the basis of the SUBRECIPIENT'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 SUBRECIPIENT 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 SUBRECIPIENT shall maintain all Contract Records that document all actions undertaken
to accomplish the "Scope of Services" outlined in Attachment A in this contract.
7. The SUBRECIPIENT 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.
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 12 of 25
Item # 10K
September 23, 2008
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8. The SUBRECIPIENT 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. I-IHS 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 SUBRECIPIENT 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 resale, service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A -110 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG
funds may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its
sub - contractors after the expiration of this Agreement shall be returned to the COUNTY no
later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to
utilize uncommitted funds.
GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records.
IX. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 13 of 25
Item # 10K
September 23, 2008
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B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and
minority /women -owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority /women-
owned business enterprises shall be located in or owned by residents of the CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is determined necessary by HHS or the COUNTY. The
SUBRECIPIENT shall, upon the request of HHS, submit information and status reports
required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress and to allow for completion of reports required HHS by HUD. The
SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to
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 law and moderate- income residents of the project target
area.
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 14 of 25
Item # 10K
September 23, 2008
Page 17 of 27
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 SUBRECIPIENT certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof This notice is required by section
287.133 (3)(a), Fla. Stat.
G. DRUG -FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide
drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
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.
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
I. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 15 of 25
Item # 10K
September 23, 20081
Page 18 of 27
on use and disposition of property. Any real property within the SUBRECIPIENT control,
which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements insofar as they apply
to the performance of the Contract:
I. Clean Air Act, 41 U.S.C., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308 (EPA)
regulations pursuant to 40 C.F.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance.
C. LEAD -BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD - assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include lead -
based paint. Such notification shall point out the hazards of lead -based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead -based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead -based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 16 of 25
Item # 10K
September 23, 2008
Page 19 of 27
concurrence from the State Historic Preservation Officer is required for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic property list.
XI. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non- expendable personal property that was purchased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -five (25) 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.
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 17 of 25
Item # 10K
Rent mb r 23 2008'
Page 20 of 27
IN WITNESS THEREOF, the parties hereto have caused this 25 page agreement to be executed by their
undersigned officials as duly authorized effective the 23rd day of September, 2008.
HABITAT FOR HUMANITY OF COLLIER
COUNTY ,�NC.
By: L: = ��. - --
(SUBRECIPIENT SEAL) SAM DURSO, M.D., Director
SUBRIECIPIEENNT WITNESS(1) SUBRECIPIENT WITNESS(2)
By t t l �n.nr a l / By: ,
Signature f Si vnar .
ATTEST: BOA,�RD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and
legal sufficiency:
Colleen Green
Assistant County Attorney
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 18 of 25
Item # 10K
September 23, 2008
Page 21 of 27
EXHIBIT "A"
SCOPE OF SERVICES
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
ACQUISITION — REHABILITATION - RESALE
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
Habitat for Humanity of Collier County, Inc. proposes to purchase approximately fifteen (15)
foreclosed properties, rehabilitate them and resell them to low and very low income families
(approximately 75 persons) in Collier County. The homes will be located in the Naples Manor area.
All future housing rehabilitation will be performed by Habitat staff, volunteers, and future
homeowners working sweat equity hours. Habitat staff will manage the entire homeowner selection
process.
B. PROJECT SCOPE:
The purpose of this funding is acquisition of available foreclosed properties in the Naples Manor area
in Collier County, rehabbing them and selling them to low and very low income qualified families.
Specifically, funding is for the acquisition of approximately fifteen (15) homes in the Naples Manor
area. Habitat for Humanity is requesting funding to provide affordable homeownership opportunities
for low and very low income qualified families who meet the HUD Income Guidelines.
Approximately 75 persons will benefit. Funding also includes appraisal and closing cost fees.
The SUBRECIPIENT shall submit to Housing & Human Services a certification that all households
meet income qualification and residency requirements at time of full occupancy.
The Subrecipient will be responsible for the following:
The creation and maintenance of income eligible files on clients served and documentation that all
households are eligible under HUD Income Guidelines.
If Applicable:
Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII
part F.
NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings /specifications to HHS and
obtain a letter of approval prior to bidding the construction work. The final number of units /parcels to
be constructed must be approved by the HHS staff if a significant change in units /parcels acquired
changes. A significant change is any change greater than a 10% deviation from the fifteen
units /parcels.
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTM, CDBG
Page 19 of 25
Item # 1 OK
September 23, 2008;
Page 22 of 27
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner that would allow the receipt of itemized costs from bidders, which would then allow the award
of items that can be funded by the budget.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall
obtain HHS's approval prior to awarding the construction contract to be funded through this
agreement. After awarding such contract the SUBRECIPIENT shall obtain HHS's approval prior to
executing any change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
advancement for materials and equipment that have been installed.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
C. BUDGET: Foreclosure Acquisition, rehabilitation, and Resale
Line Item: CDBG Funds
Acquisition/Rehab /Resale $1,104,000
Appraisal & Closing Costs
Total $1,104,000
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for
determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to
the County for approval, in a form specified by the County.
D.
E.
F.
G.
STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A -110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds.
FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone
Deadline
Identification of properties
September, 2008 - December, 2008
Purchase of land and /or foreclosed properties
September, 2008-Janurary, 2009
Rehabilitation of properties
September, 2008 -March 2009
Deeding/Resale of land and /or foreclosed properties
June 15 2009
Please note that if any of these activities exceed the timelines by two months a revised work schedule
inust be submitted to HHS.
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 20 of 25
Item # 10K
September 23, 20081
Page 23 of 27
H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining
thcstatus of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C ". The progress reports shall be used as an additional basis for HHS approval of
invoices, etc. for payment.
After funding is expended, the monthly reporting requirements remain until 51% of the units
are occupied.
OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE
OUTCOMES
ACTIVITY
INDICATORS
DECENT HOUSING
Provide decent, safe, and
Land Acquisition, rehab
Number of affordable
affordable housing through
and resale of fifteen (15)
units purchased (15)
purchase of land and /or the
acquired or foreclosed
acquisition /Rehab of up to
properties
fifteen 15 foreclosed units.
J. DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis -
Bacon Act in its construction bid solicitation and sub- contract(s).
K. COMPENSATION: The County shall reimburse the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section 1. Payments shall be
made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once
per month. Adherence to the work schedule identified in Section G will be required, unless modified
in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance
with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act".
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 21 of 25
Item # 10K
September 23,
Page 24 of 27
EXHIBIT `B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Habitat for Humanity of Collier County Inc
Subrecipient Address: 11145 Tamiami Trail East, Naples FL 34113
Project Name: Habitat for Humanity Naples Manor Rehab Project
Project No: CD- Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
Grant Amount Awarded
$ 1,104,000
2. Sum of Past Claims Paid on this Account
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Dept Director
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
(approval authority under $14,999)
(approval required $15,000 and above)
Page 22 of 25
Item # 10K
September 23, 2008
Page 25 of 27
EXHIBIT "C"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's staff by the 10`x' of the following
month.
Status Report for Month of
Submittal Date:
Project Name Habitat for Humanity Naples Manor Rehab Project
Project Number
Activity Number
Subrecipient: Habitat for Humanity of Collier County Inc
Contact Person Nick Kouloheras, Director of Administration
Telephone: (239) 239-775-0036 Fax: (239) 775 -0477
E -mail: nkoulohers0,hfhcollier.com
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.
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 23 of 25
Item # 10K
September 23, 2008
Page 26 of 27
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
Extremely
Very
Low Income
Female Head of
Households or Persons
Low Income
Low Income
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
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
BOX
BOX
BOX
BOX
Total Number of
Extremely
Very
Low Income
Female Head of
Households or Persons
Low Income
Low Income
Household
Assisted
(0 -30%)
(31 -50 %)
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
Page 24 of 25
Item # 10K
September 23, 2008
Page 27 of 27
Subrecipients must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
2. Black or African- American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
'tabulation Table of Race and Ethnicity Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/Afri can American
Other Multi- Racial
TOTAL:
HABITAT FOR HUMANITY
ACQUISITION, REHAB, RESALE
SUPPLEMENTAL CDBG
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