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Agenda 07/22/2008 Item #16D20Agenda Item No. 16D20 July 22, 2008 Page 1 of 23 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an amendment to Home Investment Partnership Program (HOME) Subrecipient Agreement with the Collier County Housing Authority for the Tenant Based Rental Assistance (TBRA) program. OBJECTIVE: For the Board of County Commissioners to amend the agreement with Collier County Housing Authority to extend the term of the agreement for an additional one (1) year. CONSIDERATION: On April 25, 2006, the Board adopted Resolution No. 2006 -110 approving the submittal of the annual Action Plan to HUD for entitlement funds for FY 2006- 2007. A summary of the projects to be funded and the number of beneficiaries are published in the 2006 -2007 Action Plan. The agreement with the Collier County Housing Authority awarded a $385,000 Home Investment Partnership Program (HOME) grant for the Tenant Based Rental Assistance Program. The Housing Authority plans to assist 46 families with rent and utility assistance. The TBRA program is restricted to 24 months of distribution on behalf of the participant. This program is designed to include a preference for those who are currently homeless, at risk homeless, elderly or have special needs. Although assistance is for a period of 24 months, the agreement was written with a one year timeline which needs to be extended in compliance with the goals of the grant program. FISCAL IMPACT: Collier County has been receiving U.S. Department of Housing and Urban Development (HUD) funding for eligible CDBG /HOME projects since 2001. Approval of this amendment does not increase the dollar amount, and no general funds are being utilized in this affordable housing initiative. GROWTH MANAGEMENT IMPACT: This amendment to the grant with the Collier County Housing Authority will benefit low income residents in Collier County which is consistent with the goals and objectives of the Housing Element of the County's Growth Management Plan. LEGAL CONSIDERATIONS: The proposed Amendment was reviewed by the Office of the County Attorney and is legally sufficient for Board action. - CMG RECOMMENDATION: To approve and authorize the Chairman to sign an amendment to the Subrecipient Agreement with the Collier County Housing Authority to extend the term of the agreement for an additional one (1) year. Prepared by: Rosa Munoz, Grants Coordinator Housing and Human Services Department Agenda Item No. 16D20 July 22, 2008 Page 2 of 23 I'XHIRI'I A -I Conu'aet Amendment 4 1 -,The Collier ( ounn I lousing Authority. I errant Based Rental Assistance (T13RA) "- I hie "Intendment. dated 2008 to the referenced agreement shall be by and between the panics to the originrl Agreement. The Collier ('mutt housing Authoriry (to he referred to vl� Sponsor) and Collor County. a palitical subdivision kit' file state of Floridn. (u) he referred to as °County"!. Statement of Understanding R1.: Contr.tci + M- n6 -UC'- I ?OU l i 'The C oilier Cuun11 Housing Authorily. I enant Bused Rental Assistance." In order to continue the services provided Ili the original Contract document referenced above. the Sub - Recipient agrees to amend the above rei'crenced ('ontraci as Iollotes, Note: Words vtr, L,- ifar<tewh have lvon delctnd: wit'da undgrlined have been addcd. AMI-ND Section II -Tenn Delete Y+Otee't- -2t }t3r }i -1(Ht ta�rrrc� Inters ilest(+;ier-)ead itte: (I -i,i hekiv,-i 444- Rr0 teet- Furth 41edl fi2,12911� Pr(ajee1 -1 ctt� 1,:ge�cl 404,N -- _ -,_— J— — ,-- SScucm III,.. ic,ute of Work- i. Add: Thr ttm4 tramc_fw IUII °o, cmunlauon of alt uwhned act}viut� ckhned in „ extended to December I1. JIn$. All railer terms and conditions Ill the agreemmnt :,hall rennin in lotce IN W1 NESS WIIF.RF( +F. the Sub- Roclpicnt and the i)wner have each, respectively, by an authorized person or agent. hereunder set their hunts zind send, te1 the dole(s) indicated helot%. A 1- 'I -ES'1: Dwight I... Brock, Clot, 13): Sub- Recipient: Th . licr C:outy� H .using Authority [?smcraldn Scr'ata. I.�ecutivc I)ircctnr COUNIY: BOARD OF ('01 N-1 COMMISSIONERS, ('OI I.IFR COUNTY. F1.0RIDA Bt: Tam Kenning. Chairman DH'ARIMLNI DIRIC'IOlt March Krumhine Agenda Item No. 16D20 July 22, 2008 Page 3 of 23 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY, INC. TENANT BASED RENTAL ASSISTANCE (TBRA) Catalog of Federal Domestic Assistance 914.239 HUD Grant # M- 06 -UC -12 -0017 THIS AGREEMENT, is entered into 113* day of M6e/ 2006, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the Collier County Housing Authority, Inc. a special independent district of the State of Florida, created in accordance with Florida Statue Section 421.27 et. Seq., having its principal office at 1800 Farmworker Way, Immokalee, Florida 34142 and with offices at 237 Airport Road S., Naples, FL 34104, and its Federal Tax Identification number as 59- 1490555, hereinafter referred to as the "SPONSOR," collectively the "Parties." WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93- 383)( "ACT "); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2006 -2007 for the HOME Program by Resolution (2006 -110) on April 25, 2006; 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 2006 -2007 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the HOME Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: I - Definitions (1) "COUNTY" means Collier County, and where applicable, its 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) "Housing & Grants" means the Housing & Grants Section of the Operations Support and Housing Authority Page 1 of 20 2006 HOME TBRA Agreement Agenda Item No. 16D20 July 22, 2008 Page 4 of 23 Housing Department of Collier County. (4) "SPONSOR" means the Collier County Housing Authority, Inc. (5) "Housing & Grants Approval' means the written approval of the Housing & Grants Section 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 Section III, Scope of Work. (9) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the SPONSOR agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work, hereof. (t 0) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the SPONSOR as described here. II — Term The SPONSOR expressly agrees to complete all work required by this agreement in accordance with the timetable set forth below, which will be considered the compliance period. Milestone jDe,*d11ineE Project Start Date Interim Milestones/ Deadlines list below): 50% Project Completed 02/28/07 100% Project Completed 06/15/07 During this compliance period, the SPONSOR will assure continued compliance with HOME requirements. For rental units, this includes ongoing property standards, occupancy, and rent limits compliance. Timely completion of the work specified in this agreement is an integral and essential part of performance. The expenditure of HOME funds is subject to Federal Deadlines and could result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the SPONSOR that the PROJECT will be completed as expeditiously as possible and that the SPONSOR will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of HOME funds. Since it is mutually agreed that time is of the essence as regards this Agreement, the SPONSOR shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth. It is intended that such provisions inserted in any subcontracts be, to the fullest extent permitted by law and equity, binding for the benefit of the COUNTY and enforceable by the COUNTY against the SPONSOR and its successors and assigns to the project or any part thereof or any interest therein. Housing Authority Page 2 of 20 2006 HOME TBKA Agreement Agenda Item No. 16D20 July 22, 2008 Page 5 of 23 In the event the SPONSOR is unable to meet the above schedule or complete the above services because of delays resulting from Acts of God, untimely review and approval by the COUNTY and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the SPONSOR, the COUNTY shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the SPONSOR to notify the COUNTY promptly in writing whenever a delay is anticipated or experienced, and to inform the COUNTY of all facts and details related to the delay. The SPONSOR shall, in a satisfactory and proper manner, as determined by the Housing & Grants Section, perform the tasks necessary to conduct the program outlined in the Scope of Work and shall submit Monthly Progress Reports and request for reimbursement using Exhibit "A" and with Exhibit `B ", all of which are attached hereto and made a part hereof. HI — Scone of Work The SPONSOR, in close coordination with the COUNTY, shall perform all professional services (the "WORK") necessary to complete the development and occupancy of the following project in full compliance with the terms of this Agreement: The Collier County Housing Authority, Inc. (CCHA) will administer the Tenant -based Rental Assistance Program (TBRA) for the purposes of providing individual households with assistance for the payLnent of rent, security deposits, and utility doosits. TBRA will be modeled after the Sponsor's existing Section 8 Housing Choice Voucher Program. The maximum amount of funds for the security deposit may not exceed two months rent for the unit and can only be applied for by the tenant. A written agreement regarding the terms and conditions of the security deposit must be developed and submitted for approval to Housing & Gants prior to implementation. Utility deposit assistance may be provided in conjunction with a security deposit and /or monthly assistance program. In addition, the utility deposit assistance may be used only for utilities permitted under the Section 8 utility allowance. * * * * ** *NOTE * * * ** At least 90% of the total clients assisted must be at or below 60% of the area median income for Collier County and the remaining 10% can not exceed 80% of the area median income for Collier County. Program funding may be used to provide one (1) year of additional rental assistance to existing eligible participants. Under no circumstances shall rental subsidy exceed twenty-four months to an individual or household. Preference may be given to homeless individuals or families. It is understood that the SPONSOR will provide a specific working budget and realistic timetable as relates to: monthly rental assistance, security and utility deposits prior to any fund usage. Said budget shall identify all sources and uses of funds, and allocate HOME and non -HOME funds to activities or line items and shall be submitted within thirty (30) days of the agreement approval. IV — Reimbursement of Expenses & Fees A. The SPONSOR shall be paid by the COUNTY for allowable costs determined by the COUNTY, in an amount not to exceed THREE HUNDRED EIGHTY FIVE THOUSAND DOLLARS Housing Authority Page 3 of 20 2006 HOME TBRA Agreement Agenda Item No. 16D20 July 22, 2008 Page 6 of 23 — ($385,000) INCLUDING ADMINISTRATION AND PROJECT DELIVERY COSTS for the Tenant Based Rental Assistance (TBRA) Program. A minimum of $350,000 shall be utilized for • h direct client assistance. Project delivery cost of ten (10) percent will be provided from a non - federal funding source not to exceed THIRTY FIVE THOUSAND DOLLARS AND NO CENTS ($35,000). B. Project expenses (excluding delivery costs) shall be paid based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted by the SPONSOR by the 30th of each month in forms specified by the COUNTY, with adequate and proper documentation as defined by HOME Program Regulations, of eligible costs incurred in compliance with 24 CFR92.206 and necessary for HUD Integrated Disbursement Information System (IDIS) disbursement requirements. Project expenses will then be reimbursed to the Sponsor within 15 —20 working days if there are no extenuating circumstances. All such expenses shall be in conformance to the approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. SPONSOR shall receive as project delivery ten (10) percent of the billing costs but not to exceed $35,000. C. The COUNTY reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The COUNTY also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by HOME regulations is provided. — D. The SPONSOR may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the COUNTY has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HOME regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after the Sponsor has submitted its final invoice. E. The COUNTY shall have the right to review and audit all records of the SPONSOR pertaining to any payment by the COUNTY. Said records shall be maintained for a period of five years after completion. V — Proiect Requirements The SPONSOR agrees to comply with all requirements of the HOME Program as stated in 24 CFR Part 92, including but not limited to the following. A. For all activities except predevelopment, no HOME project funds will be advanced, and no costs can be incurred, until the COUNTY has conducted an environmental review of the proposed project site as required under 24 CFR 58. The environmental review may result in a decision to proceed with, modify or cancel the rental assistance. Notwithstanding any provision of this Agreement, the Parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt Housing Authority Page 4 of 20 2006 HOME TBRA Agreement Agenda Item No. 16D20 July 22, 2005 Page 7 of 23 by the COUNTY of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR 58. The HOME funds advanced to the PROJECT will be secured by lease agreements and deposit agreements. B. The SPONSOR will ensure that any expenditure of HOME funds will be in compliance with the requirements at 24 CFR 92.206, and acknowledges that HOME funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. C. The designated HOME - assisted units of this PROJECT will meet the affordability requirements as found in 24 CFR 92.252 (rental). The SPONSOR shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate - income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. The HOME program requires tenant income certification to ensure that thu are income - eligible and the project is in compliance with initial occupancy requirements. Tenant Income MUST be re- examined annually, and submitted to Housing & Grants. D. In the selection of occupants for PROJECT units, the SPONSOR shall comply with all non- discrimination requirements of 24 CFR 92.350. Such procedures are subject to approval of Housing & Grants. The SPONSOR will implement affirmative marketing procedures as required by 24 CFR 92.351. Such procedures are subject to approval of Housing & Grants. E. The SPONSOR shall assure compliance with 24 CFR 92.251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. F. The SPONSOR may provide documentation approved by Housing & Grants regarding match for purposes of the HOME program. However, NO match is required for this activity. G. The SPONSOR will be monitored by Housing & Grants for compliance with the regulations of 24 CFR 92 for the compliance period specified above. The SPONSOR will provide reports and access to project files as requested by Housing & Grants during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT. Project records must be maintained on site. VI — Reaavment A. All HOME funds are subject to repayment in the event the PROJECT does not meet the Project Requirements as outlined above. B. It is understood that upon the completion of the PROJECT, any HOME funds reserved but not expended under this Agreement will revert to the COUNTY within thirty (30) days. VII — Procurement Standards Housing Authority Page 5 of 20 2006 HOME TBRA Agreement Agenda Item No. 161D20 July 22, 2008 Page 8 of 23 The SPONSOR shall establish procurement procedures to ensure that materials and services are obtained in a cost - effective manner. When procuring for services to be provided under this agreement, the SPONSOR shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84.40 -.48. In addition, the following requirements are imposed on any procurement under this PROJECT: Comply with Collier County Purchasing Ordinance # 87 -25 amended by Resolution #97-435 which will be provided to the SPONSOR. In addition, it is understood that any SPONSOR that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. VIII — Conflict of Interest Provisions HOME conflict of interest provisions, as stated in 24 CFR 92.356(f), apply to the award of any contracts under this Agreement and the selection of tenant households to occupy HOME - assisted units. The SPONSOR must comply with 24 CFR Parts 84 and 85. The SPONSOR must request exceptions and the Housing & Grants Section grants exceptions as permitted by regulation. In addition, the COUNTY also has elected to apply the conflict of interest provisions in 24 CFR 92.356(b) — (e) to this project. Therefore, the award of contracts and the award of qny unit benefits to covered parties of the SPONSOR are subject to prior disclosure by the SPONSOR and an exception from the COUNTY as outlined in 24 CFR 92.356(d) — (e). The SPONSOR warrants and covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of its services hereunder. The SPONSOR further warrants and covenants that in the performance of this Agreement, no person having such interest shall be employed. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this Agreement or any benefit to raise herefrom. No member, officer or employee of the COUNTY; or its designees, or agents; or member of the Board of County Commissioners of the Collier County; and no other public official of the COUNTY who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this Agreement. IX — COUNTY Responsibilities The COUNTY shall furnish the SPONSOR with the following services and information from existing COUNTY records and COUNTY files: A. The COUNTY shall provide to the SPONSOR information regarding its requirements for the PROJECT. _. B. The COUNTY will provide the SPONSOR with any changes in HOME regulations or program limits that affect the project, including but not limited to income limits, property value limits and rent limits. Housing Authority Page 6 of 20 2006 HOME TBRA Agreement Agenda Item No. 16D20 July 22, 2008 Page 9 of 23 C. The COUNTY will conduct progress monitoring to protect its interests as lender and regulatory authority for the project, and will provide information to the SPONSOR regarding any progress inspections or monitoring to assist it in ensuring compliance. The COUNTY's review and approval of the WORK will relate only to overall compliance with the general requirements of this Agreement and HOME regulations, and all COUNTY regulations and ordinances. Nothing contained herein shall relieve the SPONSOR of any responsibility as provided under this Agreement. X — Equal Employment Opportunity During the performance of this contract, the SPONSOR agrees as follows: A. The SPONSOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The SPONSOR will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the COUNTY setting forth the provisions of this nondiscrimination clause. B. The SPONSOR will, in all solicitations or advertisements for employees placed by or on behalf of the SPONSOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The SPONSOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the COUNTY's contracting officer, advising the labor union or worker's representative of the SPONSOR's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The SPONSOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The SPONSOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the COUNTY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. F. In the event the SPONSOR is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the SPONSOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of Housing Authority Page 7 of 20 2006 HOME TBRA Agreement Agenda Item No. 16D20 July 22, 2008 Page 10 of 23 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. G. The SPONSOR will include the provisions of paragraphs (a) through (g) of this agreement in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The SPONSOR will take such action with respect to any subcontract or purchase order as the COUNTY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the SPONSOR becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the COUNTY, the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States. XI — Labor. Trainine & Business Onnortunity The SPONSOR agrees to comply with the federal regulations governing training, employment and business opportunities as follows: A. It is agreed that the WORK to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the US Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, as well as any and all applicable amendments thereto. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given low and moderate income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the project area. B. The SPONSOR shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Code of Federal Regulations and all applicable rules and orders of the U.S. Department of Housing and Urban Development issued thereunder as well as any and all applicable amendments thereto prior to the execution of this contract as well as during the term of this Agreement. The SPONSOR certifies and agrees that it is under no contractual or other disability, which would prevent it from complying with these requirements as well as any and all applicable amendments thereto. C. The SPONSOR will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the COUNTY, take appropriate action pursuant to the subcontractor upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, in 24 Code of Federal Regulations. The SPONSOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 code of Federal Regulations and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with these requirements as well as with any and all applicable amendments thereto. D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal Regulations and all applicable rules and orders of Housing and Urban Development issued thereunder Housing Authority Page 8 of 20 2006 HOME TBRA Agreement Agenda Item No. 161D20 July 22, 2008 Page 11 of 23 prior to the execution of the contract shall be a condition precedent to federal financial assistance being provided to the PROJECT as well as a continuing condition, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the SPONSOR or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by 24 Code of Federal Regulations as well as with any and all applicable amendments thereto. XII — Compliance with Federal, State & Local Laws The SPONSOR covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto, including, but not limited to; Title 8 of the Civil Rights Act of 1968 PL.90 -284; Executive Order 11063 on Equal Opportunity and Housing Section 3 of the Housing and Urban Development Act of 968; Housing and Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the HOME INVESTMENT PARTNERSHIPS PROGRAM. The SPONSOR covenants and warrants that it will indemnify and hold the County forever free and harmless with respect to any and all damages whether directly or indirectly arising out of the provisions and maintenance of this contract. The SPONSOR agrees to comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The SPONSOR further warrants and agrees to include or cause to be included the criteria and requirements of this section in every non - exempt subcontract in excess of 5100,000. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). XIII — Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the SPONSOR materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. If, through any cause, the SPONSOR shall fail to fulfill in timely and proper manner its obligations under this contract, or if the SPONSOR shall violate any of the covenants, agreements, or stipulations of this contract, the COUNTY shall thereupon have the right to terminate this contract by giving written notice to the SPONSOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, the SPONSOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. Notwithstanding the above, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the contract by the SPONSOR and the COUNTY may Housing Authority Page 9 of 20 2006 HOME TBRA Agreement Agenda Item No. 16D20 July 22, 2008 Page 12 of 23 withhold any payments to the SPONSOR for the purpose of setoff until such time as the exact amount of damages due the COUNTY from the SPONSOR is determined whether by court of competent jurisdiction or otherwise. XIV — Termination for Convenience of the COUNTY The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the SPONSOR. If the contract is terminated by the COUNTY, as provided herein, the County will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the SPONSOR will be paid as a FEE an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the SPONSOR covered by this contract, less payments of compensation previously made. Claims and disputes between the Parties will be submitted to the American Arbitration Association for resolution. Award or judgment maybe entered in any court having jurisdiction thereof. XV — Default -Loss of Grant Funds If the SPONSOR fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, and more particularly if the SPONSOR refuses or fails to proceed with the work with such diligence as will insure its completion within the time set forth in this Agreement, the SPONSOR shall be in default and notice in writing shall be given to the SPONSOR of such default by the COUNTY or an agent of the COUNTY. If the SPONSOR fails to cure such default within such time as may be required by such notice, the COUNTY, acting by and through Housing & Grants, may at its option terminate and cancel the Agreement. In the event of such termination, all grant funds awarded to the SPONSOR pursuant to this Agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the SPONSOR will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this Agreement, as the grant funds will no longer be available for this project. Such termination shall not effect or terminate any of the rights of the COUNTY as against the SPONSOR then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the COUNTY under the law and the note and mortgage (if in effect), including but not limited to compelling the SPONSOR to complete the project in accordance with the terms of this Agreement, in a court of equity. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. XVI — Renortinu Responsibilities The SPONSOR agrees to submit any and all detailed monthly progress reports required by Housing & Grants outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is reimbursed with HOME funds, in part or in whole, and which is required in fulfillment of their obligation regarding the project. The progress reports should be mainly in the form of a Housing Authority Page 10 of 20 2006 HOME TBRA Agreement Agenda Item No. 16D20 July 22, 2008 Page 13 of 23 narrative, and shall be used as an additional basis for Housing & Grants approval of invoice, etc. for reimbursement. The form must be completed for the past month and submitted to Housing & Grants staff by the 10`h of the following month. Housing & Grants will send the SPONSOR one reminder notice if the monthly report has not been received fourteen (14) days after the due date. If the SPONSOR has not submitted a report fourteen (14) days after the date on the reminder notice, the COUNTY will have the option to terminate the contract as described in this Agreement. In addition, the SPONSOR agrees to provide Housing & Grants information as required to determine program eligibility, in meeting national objectives, and financial records pertinent to the project. Additional reporting requirements are included as EXHIBIT A. XVII — Inspection, Monitoring & Access to Records The COUNTY reserves the right to inspect, monitors, and observe work and services performed by the SPONSOR at any and all reasonable times. The COUNTY reserves the right to audit the records of the SPONSOR any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required, the SPONSOR will provide Housing & Grants with a certified audit of the SPONSOR's records representing the Fiscal Year during which the PROJECT becomes complete whenever the amount listed in SECTION VII is at or exceeds $500,000, pursuant to the requirements of OMB Circular A -133. Access shall be immediately granted to the COUNTY, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the SPONSOR or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. XIII — General Conditions A. All notices required to be given under this Agreement shall be sufficient when delivered to Housing & Grants at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (1) of this Agreement. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. The Parties hereto agree that this Agreement shall be construed and enforced according to the laws of Housing Authority Page t t of 20 2006 HOME TBRA Agreement Agenda Item No. 161D20 July 22, 2008 Page 14 of 23 the State of Florida. F. Should any provisions, paragraphs, sentences, words or phases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the Collier County, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. G. The SPONSOR shall comply with the provisions of the Copeland Anti- Kick -Back Act (18 U.S.C. 874) as supplemented in the Labor Regulations (29 CFR Part 3), as amended. H. The SPONSOR shall comply with the provisions of sections 103 and 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 -330) as supplemented by Labor regulations (29 CFR, Part 5), as amended. I. The SPONSOR further warrants and agrees to include or cause to be included the criteria and requirements of paragraphs (G) through (H) of this section in every nonexempt subcontract. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. _ J. The obligations undertaken by SPONSOR pursuant to this Agreement shall not be delegated or assigned to any other person or agency unless COUNTY shall first consent to the performance or assignment of such service or any part thereof by another person or agency. K. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. L. SPONSOR shall indemnify and save COUNTY harmless from and against any negligent claims, liabilities, losses and causes of action which may arise out of SPONSOR's activities under this Agreement, including all other acts or omissions to act on the part of SPONSOR, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. M. SPONSOR and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the COUNTY, and shall not attain any rights or benefits under the civil service or pension ordinances of the COUNTY, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the COUNTY. N. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. Housing Authority Page 12 of 20 2006 HOME TBRA Agreement Agenda Item No. 161D20 July 22, 2008 Page 15 of 23 ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this 13 day of Da Carl, 20__. (SUBRECIPIENT SEAL) (Optional) ATTEST: DWIGHT E. BROCK, CLERK By: COLLIER COUNTY HOUSING AUTHORITY, INC. BY: ESMERALDASERRATA, EXECUTIVE DIRECTOR Eflffi Housing Authority Page 13 of 20 2006 HOME TBRA Agreement COLLIER COUNTY, FLORIDA K. SCHMITT, ADMINISTRATOR, NITY DEVELOPMENT & AL SERVICES Agenda Item No. 16D20 July 22, 2008 Page 16 of 23 "EXHIBIT A" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Grants staff by the 10`h of the following month. Status Report for Month of Submittal Date: Project Name TBRA Project Number Activity Number Sponsor: Collier County Housing Authority Inc. Contact Person Angela Edison Telephone: 732 -0732 Fax: 657 -7232 E -mail: Edisonecha@aol.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. Housing Authority Page 14 of 20 2006 HOME TBRA Agreement Agenda Item No. 161D20 July 22, 2008 Page 17 of 23 5. New leases executed this month (if applicable): Name & Address + Unit # of Applicant Rent /Security Utility Deposit I Deposit 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "), Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low - income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "S" below. Housing Authority Page 15 of 20 2006 HOME TBRA Agreement Agenda Item No. 16D20 July 22, 2008 Page 18 of 23 BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted (0 -30 %) (31 -50 %) American Indian/Alaska Native and White Asian and White Black/African American and White Sponsor 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/African American Other Multi- Racial TOTAL: Housing Authority Page 16 of 20 2006 HOME TBRA Agreement Agenda Item No. 161D20 July 22, 2008 Page 19 of 23 PLEASE USE REQUEST FOR PAYMENT FORM BELOW FOR EXPENSES LESS THAN $ 15,000 Housing Authority Page 17 of 20 2006 HOME TBRA Agreement EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: Collier County Housing Authority. Inc. Subrecipient Address: 1800 Farmworker Wav, Immokalee, FL 34142 Project Name: Tenant Based Rental Assistance (TBRA) Project N Dollar Amount Requested: 1. Grant Amount Awarded Payment Request # SECTION II: STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. S Agenda Item No. 16D20 July 22, 2008 Page 20 of 23 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 Title Authorizing Grant Coordinator (Director's Signature Not Required For Requests Under $15,000) Housing Authority Page 18 of 20 2006 HOME TBRA Agreement Date Agenda Item No. 16D20 July 22, 2008 Page 21 of 23 PLEASE USE REQUEST FOR PAYMENT FORM BELOW FOR EXPENSES GREATER THAN $15,000 Housing Authority Page 19 of 20 2006 HOME TBRA Agreement Agenda Item No. 16D20 July 22, 2008 Page 22 of 23 EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Housing Authority Inc Subrecipient Address: 1800 Farmworker Way, Immokalee FL 34142 Project Name: Tenant Based Rental Assistance (TBRA) Project No: Dollar Amount Requested: 1. Grant Amount Awarded Payment Request # SECTION II: STATUS OF FUNDS 2, Sum of Past Claims Paid on this Account 4. 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 8. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) 9. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Dept Director Housing Authority Page 20 of 20 2006 HOME TBRA Agreement Page 1 of 1 Agenda Item No. 16D20 July 22, 2008 Page 23 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D20 Item Summary: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an amendment to Home Investment Partnership Program (HOME) Subrecipient Agreement with the Collier County Housing Authority for the Tenant Based Rental Assistance (TBRA) program Meeting Date: 7/22/2008 9:00:00 AM Prepared By Rosa Muoz Grants Management Coordinator Date Community Development & Environmental Services Financial Admin. & Housing 7/1/2008 4:22:21 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 7/312008 1:38 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 71312008 3:27 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/9/2008 3:06 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/14/2008 11:18 AM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 7/14/2008 2:55 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 7/14/2008 3:17 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/14/20084:13 PM file: //C:AAgendaTest\Export\111 -July% 2022% 202008 \16. %2000NSENT %20AGENDA \1... 7/15/2008