Agenda 10/25/2016 Item #16D 2 16.D.2
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve First Amendment to State Housing Initiatives Partnership Program
Subrecipient Agreement with Community Assisted and Supportive Living, Inc. d/b/a Renaissance
Manor, to increase Fiscal Year 2015-2016 funding to $300,000 and to clarify or update program
information.
OBJECTIVE: Provide affordable rental housing throughout Collier County.
CONSIDERATIONS: On July 7, 1992, the Florida legislature enacted the William E. Sadowski
Affordable Housing Act to provide additional funding to local communities to promote and advance
affordable housing initiatives. Funds are generated through documentary stamp tax on real estate
transactions. Under the State Housing Initiatives Partnership(SHIP)program,Collier County and the City
of Naples receive funds from the State of Florida through the Florida Housing Finance Corporation to
undertake eligible activities.
The SHIP LHAP identifies eligible strategies and serves as a guideline for the use of all SHIP funds.
Rental Acquisition will assist in preserving and increasing the rental inventory. Rental Acquisition has
been identified in the Housing Plan and discussed at the housing workshop as a critical need in Collier
County.
On June 28,2016(Agenda Item 16D17),the Board approved an agreement with Community Assisted and
Supportive Living, Inc. d/b/a Renaissance Manor to acquire two rental properties under a Rental
Acquisition and Rehabilitation strategy utilizing SHIP Program funds. The project will benefit income
eligible residents in Collier County. The amendment is necessary to address the rising cost of rental
acquisition and allow CASL to purchase two properties with two separate funding allocations.
Amendment changes are as follows:
• Increase Fiscal Year 2015-2016 funding to$300,000 requiring an additional unit to be funded
• Update county staff contact information
• Adjust the number of SHIP assisted units by income category
• Clarify income is to be calculated by household size based upon the number of persons listed on
each lease agreement
FISCAL IMPACT: The proposed action described in this executive summary has no new fiscal impact.
The funding source for this grant is the Florida Housing Finance Corporation. Funds are budgeted within
SHIP Grant Fund 791,Project 33429.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval.-JAB
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further the Goals,Objectives, and Policies within the Housing Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign First Amendment to the subrecipient agreement with Community Assisted and
Supportive Living,Inc.
Prepared by: Priscilla Doria,Grants Coordinator,Community and Human Services
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1 6.D.2
10/25/2016
ATTACHMENT(S)
1.Amendment#1-CAO Stamp only (PDF)
2. CASL Agreement with Chairman signature (PDF)
Packet Pg. 1348
16.D.2
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Item Summary: Recommendation to approve First Amendment to State Housing Initiatives
Partnership Program Subrecipient Agreement with Community Assisted and Supportive Living, Inc. d/b/a
Renaissance Manor, to increase Fiscal Year 2015-2016 funding to $300,000 and to clarify or update
program information.
Meeting Date: 10/25/2016
Prepared by:
Title:—Community&Human Services
Name: Priscilla Doria
09/26/2016 11:23 AM
Submitted by:
Title: Division Director-Cmnty&Human Svc—Public Services Department
Name: Kimberley Grant
09/26/2016 11:23 AM
Approved By:
Review:
Community&Human Services Leslie Davis Level 1 Sim.Reviewer 1-8 Completed 09/26/2016 2:01 PM
Community&Human Services Kristi Sonntag Level 1 Sim.Reviewer 1-8 Completed 09/26/2016 3:57 PM
Community&Human Services Maggie Lopez Level 1 Sim.Reviewer 1-8 Completed 09/26/2016 4:12 PM
Public Services Department Amanda O.Townsend Level 1 Sim.Reviewer 1-8 Completed 09/27/2016 10:21 AM
Public Services Department Kimberley Grant Level 1 Sim.Reviewer 1-8 Completed 09/29/2016 8:43 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/04/2016 11:00 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/04/2016 1:06 PM
Grants Erica Robinson Level 2 Grants Review Completed 10/04/2016 1:51 PM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/11/2016 12:23 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/11/2016 1:40 PM
Grants Therese Stanley Additional Reviewer Completed 10/11/2016 2:59 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/12/2016 10:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2016 12:22 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
Packet Pg. 1349
I6.D.2.a
Grant- SHIP FY 2014-2015/2015-2016
Activity: - Rental Acquisition
Subrecipient: - Community Assisted
and Supported Living,Inc. D.B.A.
Renaissance Manor
DUNS#-940621519
CSFA#- 52.901
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FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND 0-
COMMUNITY ASSISTED AND SUPPORTED LIVING,INC.
D.B.A. RENAISSANCE MANOR
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THIS AGREEMENT is made and entered into this day of , 2016,
by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
Grantee") having its principal address as 3339 E. Tamiami Trail, Suite 211, Naples FL 34112, and
Community Assisted and Supported Living, Inc. D.B.A. Renaissance Manor, a private not-for- c.
profit corporation existing under the laws of the State of Florida, having its principal office 1693 a.
Main Street,Suite A, Sarasota, FL 34236 ("SUBRECIPIENT").
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WHEREAS, on June 28, 2016, Item 16D17, the County entered into an Agreement with
Subrecipient to acquire two properties with State Housing Initiatives Partnership Program (SHIP)
funds.
WHEREAS, the Parties desire to amend the Agreement to increase the Fiscal Year 2015-
2016 funding to $300,000 for a total project award of$600,000.
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WHEREAS, agreement has been revised to update county staff contact information, adjust
the number of SHIP assisted units by income category and clarify income determination by
household.
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NOW, THEREFORE, in consideration of the mutual promises and covenants herein E
contained, it is agreed by the Parties as follows:
Words St-ruek Through are deleted; Words Underlined are added
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16.D.2.a
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V. AGREEMENT AMOUNT
It is expressly agreed and understood that the total amount to be disbursed by the COUNTY
for the use by the SPONSOR SUBRECIPIENT during the term of the Agreement shall not
exceed FOUR HUNDRED TWELVE THOUSAND FIVE HUNDRED ($412,500). SIX
HUNDRED THOUSAND DOLLARS ($600,000)
The budget identified for the Project shall be as follows
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Line Item Description SHIP Funds
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Project Component One: Acquisition of two rental $112,500 a_
property properties. (Maximum is $300,000 per $600,000
property.)
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TOTAL $ 442400-$600 000
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VI. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or
sending. All notices and other written communications under this Agreement shall be
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addressed to the individuals in the capacities indicated below, unless otherwise modified by echo
subsequent written notice. Q
COLLIER COUNTY ATTENTION: Raynesh.„ Huarell,
Priscilla Doria,Grant Coordinator
Collier County Government
Community and Human Services
3339 E Tamiami Trial, Suite 211
Naples, Florida 34112
Email: PriscillaDoria@colliergov.net
Phone: 239-252-5312
SUBRECIPIENT ATTENTION: Scott Eller, CEO
Community Assisted and Supported Living, Inc. D.B.A
Renaissance Manor
1401 16th Street
Sarasota, FL 34236
Email to: Scott.Eller@Renaissancemanor.org
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16.D.2.a
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EXHIBIT B
RENTAL ACQUISTION PROJECT REQUIREMENTS
RENTAL ACQUISITION ONLY
The Project is to be developed as affordable residential rental housing in accordance with the
SHIP Program and the Collier County LHAP FY 2013-2016. The SPONSOR shall perform the
following activity under this agreement: CT°
a) Acquire rental property
1) Affordability of SHIP -Assisted Units: For the duration of the Affordability Period
(15 years), as defined in the Note and Mortgage/Land Use Restriction Agreement (LURA) of even -o
date, a minimum of 4 units in the Project shall be SHIP-Assisted units.
All SHIP-Assisted units in the Project shall be fixed and rented or held available for rental on
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a continuous basis to persons or families who, at the commencement of occupancy shall have a
verified annual income that does not exceed 80% of the Area Median Income (AMI), as defined by n.
the Department of Housing and Urban Development (HUD) and Florida Housing Finance
Corporation. Rents on these units shall be restricted to the SHIP Program rent limits. Maximum
eligible income and rent limits are revised annually and are available from the COUNTY. N
The SPONSOR covenants that all of the units will be rented to income-eligible tenants as E
defined by the Department of Housing and Urban Development (HUD). Income Limits will be °
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restrictive to in accordance to HUD income limits for a minimum affordability period of fifteen (15)
years from the. All units carry rent and occupancy restrictions until June 1, 2031, which remain in cn
force regardless of transfer of ownership. SHIP-Assisted units shall be reserved for and rented to
households which qualify for the following: �?
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SHIP-Assisted Units According to Income Limits
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Income Limits Number SHIP-Assisted Units
30% Extremely Low 4-
50%
50% -Very Low 4-2
80% - Low 2 a)
Total of Units (Minimum) 4
*Units divided into income category according to SHIP-Assisted units under affordability
period.
A households income will be determined by the number of persons listed on each executed
lease agreement When units are occupied by two (2)applicants (roommates) each applicant's income
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and Urban Development. :: - -.- '-. -- - - • . : •-: The combined rent of each tenant
of a single unit cannot exceed the SHIP Program rent limits.
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I6.D.2.a
This Agreement incorporates, by reference, terms and conditions described in the Mortgage
and Note of even date and any other agreements enforcing the SHIP requirements associated with
said Mortgage and Note. The budget for the Project is estimated to be (S4127500)—(-FOUR
HUNDRED TWELVE THOUSAND FIVE HUDNRED DOLLARS) ($600,000) (SIX
HUNDRED THOUSAND DOLLARS is provided by the COUNTY through the SHIP
PROGRAM. Project acquisition will commence and be completed as defined and set forth in the
affordable housing development schedule incorporated by reference. In no event will acquisition be
completed later than 120 days from the date of this agreement. Acquisition will progress in
accordance with the deliverable schedule submitted by the SPONSOR to obtain financing.
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EXHIBIT C
BUDGET NARRATIVE
RENTAL ACQUISITION PROGRAM
The total SHIP allocation to the SPONSOR for the Rental Acquisition/Rehabilitation, Program Agreement
award shall not exceed FOUR HUNDRED TWELVE THOUSAND FIVE DOLLARS ($412,500). SIX Q
HUNDRED THOUSAND DOLLARS($600,000). a.a.
Sources for these funds are as follows: U)
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Rival Year Rental RehabAauisition
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2014-2015 $300,000.00 o
2015-2016 $112,500.00$300,000.00 S112,500.00
Total Funds, 23400:00=$600,000.00 $412,300.00
Uses of these funds are as follows: d
Funds shall be disbursed in the following manner for the following uses:
1. Acquisition expenditure shall not exceed $300,000 per property acquired.
2. Funds will be disbursed via wire transfer at the time of closing. E
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16.D.2.a
IN WITNESS WHEREOF,the SUBRECIPIENT and the COUNTY,have each,respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
DWIGHT E.BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
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By:By:
, Deputy Clerk Donna Fiala, CHAIRMAN
Dated:
(SEAL)
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Community Assisted and Supported Living, Inc.
D.B.A. Renaissance Manor
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By:
J. Scott Eller, C.E.O.
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Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney a �SO
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Grant- SHIP FY 2014-2015/2015-2016
Activity: -Rental Acquisition
SPONSOR: - Community Assisted and
Supported Living D.B.A.Renaissance
Manor, Inc.
DUNS #- 940621519
CSFA# - 52.901
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING
D.B.A. RENAISSANCE MANOR, INC.
THIS AGREEMENT is made and entered into this day of , 2016,
by and between Collier County, a political subdivision of the State of Flori a, ("COUNTY" or
Grantee") having its principal address as 3339 E. Tamiami Trail, Suite 211, Naples FL 34112, and
Community Assisted and Supported Living,Inc.D.B.A. Renaissance Manor,Inc a private not-for-
profit corporation existing under the laws of the State of Florida,having its principal office 1693 Main
Street, Suite A, Sarasota,FL 34236 ("SPONSOR").
WHEREAS, the COUNTY is the recipient of State Housing Initiatives Partnership Program
(SHIP)Program funds; and
WHEREAS, pursuant to the SHIP Program, the COUNTY is undertaking certain activities to
primarily benefit persons or households earning not greater than 80% of median annual income
adjusted for family size; and
WHEREAS, the Fiscal Years 2013-2016 Local Housing Assistance Plan, as amended, was
adopted by the Board of County Commissioners on April 23, 2013, Resolution No. 2013-94 (16.D.5)
and further amended on March 22,2016 Resolution No. 2016-58 (Item 11D) and
WHEREAS, the COUNTY and the SPONSOR desire to provide rental acquisition as in
accordance with this Agreement and the aforementioned Local Housing Assistance Plans; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
1. DEFINITIONS AND PURPOSE
A. DEFINITIONS
Tums shall be as defined in the State Housing Incentives Partnership (KIT) Program,
Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative
Code, and any amendments thereto (also referred as the SHIP Program).
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Attachment CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion)
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
SPONSOR will implement the Scope of Service summarized in Section II of this
Agreement.
IL SCOPE OF SERVICE
The SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY,
perform the necessary tasks to administer and implement the described services herein
incorporated by reference as Exhibits B — C (Rental Acquisition Project Requirements and
Budget Narrative) in accordance with the terms and conditions of Requests for Applications,
Rental Rehabilitation/Rental Rehabilitation and Acquisition or Acquisition, State Housing
Initiatives Partnership Funding Cycle Fiscal Years 2014-2015 and 2015-2016 SPONSOR's
Application dated March 21,2016.
III. SPECIAL GRANT CONDITIONS
A. Within 30 days of the execution of this Agreement,the SPONSOR must deliver to CHS
for approval a detailed project schedule for the implementation through completion of
the project to include staff assignment.
B. The following resolutions and policies must be adopted, if not previously adopted, by
the SPONSOR's governing body within 60 days of contract execution:
1. Affirmative Fair Housing Policy
2. Procurement Policy including Code of Conduct
3. Affirmative Action Policy
4. Conflict of Interest Policy
5. Equal Opportunity Policy
6. Sexual Harassment Policy
7. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973,as amended (29 U.S.C. 794)
8. Fraud Policy
9. Tenant Waitlist Policy
10. Tenant Grievance Policy
11. Tenant Guidelines (Income)
IV. TIME OF PERFORMANCE
This Agreement shall be in effect from June 1, 2016 through June 30, 2017 for FY 14-15
funding June 1, 2016 through June 30, 2018 for FY 15-16 funding, and all services required
hereunder shall be completed in accordance with the schedule set forth in Exhibit B (Rental
Acquisition Project Requirements). This agreement must remain in effect throughout the
development process of the Project and is terminated upon completion of acquisition and
rehabilitation,rehabilitation and initial lease-up of all units,including all SHIP-assisted units.
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acguistion)
V. AGREEMENT AMOUNT
It is expressly agreed and understood that the total amount to be disbursed by the COUNTY for
the use by the SPONSOR during the term of the Agreement shall not exceed FOUR
HUNDRED TWELVE THOUSAND FIVE HUNDRED ($412,500).
The budget identified for the Project shall be as follows
Line Item Description SHIP Funds
Project Component One: Acquisition of rental $412,500
property. (Maximum is $300,000 per property.)
TOTAL $ 412,500
Modifications to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category
and activity shall only be made with Board approval.
All services specified in Section II. Scope of Services shall be performed by SPONSOR
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and State requirements. Contract administration shall be handled by the SPONSOR
and monitored by CHS, which shall have access to all records and documents related to the
project.
The County will secure the awarded amount with a note and mortgage. The Note will bear
interest at 0% percent interest per year and forgivable after 15 years if all SHIP terms and
conditions are met.
If the SPONSOR complies with the terms and conditions of this Agreement, then the lien
established by the Mortgage shall expire as set forth in the Mortgage.
If the SPONSOR offers the Property for sale before fifteen (15) years after the SPONSOR's
receipt of the Certificate of Occupancy, or at any other time when there are existing mortgages
on the Property, funded under the SHIP program, then the SPONSOR must give a right of first
refusal (ROFR) for a 90 day period, to experienced non-profit organizations, reasonably
approved by the County for purchase of the Property, at the then current market value, for
continued occupancy by eligible persons. The 90 day right of first refusal period begins when a
legal advertisement appears in a local newspaper of general circulation or other method
authorized by statute or regulation offering the Property for sale to non-profit organizations.
County approval of any nonprofit organization submitting an offer of the full requested sale
price or any other offer considered in the sole determination of the SPONSOR to be reasonable,
will be based on the criteria listed in the affordable multi-family rental housing development
`D> strategy sponsor selection criteria, in the County's FY 2013-2016 SHIP Local Housing
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•-•1Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion) Cr
Assistance Plan. Either (a) the 90-day right of first refusal period expires and the SPONSOR
is not then a party to an active contract for purchase and sale of the Property, with an eligible
nonprofit organization, reasonably approved by the County; or (b) a contract for purchase and
sale of the Property is entered into by the SPONSOR and an eligible nonprofit organization,
reasonably approved by the County, within such 90-day ROFR period but terminated by either
party pursuant to the terms thereof subsequent to the 90-day period.
The County shall wire funds and secure a 0% subordinate mortgage and forgivable for the
acquisition at closing to the title company. The SPONSOR shall provide CHS closing
disclosures seven (7) days prior to closing and submit final ALTA and Title Tnsurance to CHS
the same day of closing. No wire transfer will be made until approved by CHS and the Collier
County Clerk of Courts for grant compliance and adherence to any and all applicable local,
state or federal requirements. Wire transfer will be made upon receipt of closing disclosures
and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government
Prompt Payment Act."
The amount of wire transfer shall be not more than$300,000. The COUNTY reserves the right
to deny payment of incomplete or altered closing disclosures, inadequately documented
expenses, or expenses for items and services the COUNTY deems not to be usual, customary
and reasonable expenses related to of the Project.
VI. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or
sending. All notices and other written communications under this Agreement shall be addressed
to the individuals in the capacities indicated below, unless otherwise modified by subsequent
written notice.
COLLIER COUNTY ATTENTION: Raynesha Hudnell, Grant Coordinator
Collier County Government
Community and Human Services
3339 E Tamiami Trial, Suite 211
Naples,Florida 34112
Email to: RayneshaHudnell(u,Colliergov.net
Phone: 239-252-5312
SPONSOR
ATTENTION: Scott Eller, CEO
Community Assisted and Supported Living D.B.A Renaissance
Manor,Inc.
1401 16th Street
Sarasota,FL 34236
Email to: Scott.Eller(c�,r�Renaissancemanor.org
Phone: 941-225-2373
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion) �� a'
VII. GENERAL CONDITIONS
A. GENERAL COMPLIANCE
The SPONSOR agrees to comply with the requirements as outlined in Section 420.907
of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code. The
SPONSOR also agrees to comply with all other applicable state and local laws,
regulations, and policies governing the funds provided under this Agreement. The
SPONSOR agrees to utilize funds available under this Agreement for Rental
Rehabilitation.
B. CODE OF ETHICS AND CONDUCT
The SPONSOR shall comply with the Code of Ethics and Conduct for Construction
Professionals developed by Construction Management Association of America(CMAA).
Adhering to this code of ethics is critical to demonstrating ethical conduct within the
construction industry. This code of ethics is not intended to replace, but rather to
supplement,any code of ethics that the SPONSOR already uses in their organization.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The SPONSOR shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The COUNTY shall be exempt from
payment of all Unemployment Compensation, FICA, retirement benefits, life and/or
medical insurance and Workers' Compensation Insurance, as the SPONSOR is an
independent SPONSOR.
D. WORKERS' COMPENSATION
The SPONSOR, its contractors and subcontractors, shall provide Workers'
Compensation Insurance coverage for all of its employees involved in the performance
of this contract.
E. INSURANCE
The SPONSOR shall furnish a Certificate of Insurance naming Collier County as an
additional insured with general liability limits of at least $1,000,000 per occurrence in
accordance with Exhibit A.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and
hold harmless Collier County, its officers, agents and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of
° '' an act, or omission, including, but not limited to, reasonable attorneys' fees and
c paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion) o- '
wrongful conduct of the SPONSOR or any of its agents, officers, servants, employees,
contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the
direction, control, or supervision of the SPONSOR 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. The SPONSOR shall pay all claims and
losses of any nature whatsoever in connection therewith and shall defend all suits in the
name of the COUNTY and shall pay all costs (including attorney's fees) and
judgments which may issue there-on. This Indemnification shall survive the termination
and/or expiration of this Agreement. 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. GRANTOR RECOGNITION
The SPONSOR agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and
similar public notices prepared and released by the SPONSOR for, on behalf of, and/or
about the Program shall include the statement:
"FINANCED BY FLORIDA HOUSING FINANCING COPORATION (FHFC)
AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
DIVISION"
and shall appear in the same size letters or type as the name of the SPONSOR. This
design concept is intended to disseminate key information regarding the development
team as well as Equal Housing Opportunity to the general public. Construction signs
shall comply with applicable COUNTY codes.
H. AMENDMENTS
The COUNTY and/or SPONSOR may amend this Agreement, at any time, provided
that such amendments make specific reference to this Agreement, and are executed in
writing, signed by a duly authorized representative of each organization, and approved
by the Grantee's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the Grantee or SPONSOR from its obligations under
this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with federal,
state or local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result in a change in the funding, the scope of
services, or schedule of the activities to be undertaken as part of this Agreement, such
modifications will be incorporated only by written amendment signed by both Grantee
and SPONSOR.
Expiration of Agreement: If the SPONSOR does not complete the project within the
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�' Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion) iS
time period, the COUNTY Manager or designee may grant a cumulative time extension
of no more than 180 days and modify any subsequent project work plans to reflect the
extension.
SUSPENSION OR TERMINATION
Either party may terminate this Agreement, at any time, by giving written notice to the
other party of such termination, and specifying the effective date thereof, at least 90 days
before the effective date of such termination. In the event of any termination for
convenience, all finished or unfinished documents, data, reports or other materials
prepared by the SPONSOR under this Agreement shall, at the option of the COUNTY,
become the property of the COUNTY. The COUNTY may also suspend or terminate
this Agreement, in whole or in part, if the SPONSOR materially fails to comply with any
term of this Agreement, or with any of the rules, regulations or provisions referred to
herein, in addition to other remedies as provided by law. If through any cause, the
SPONSOR shall fail to fulfill in a timely and proper manner its obligations under this
Agreement, or violates any of the covenants, agreements, or stipulations of this
Agreement, the COUNTY shall thereupon have the right to terminate this Agreement or
suspend payment in whole or part by giving written notice to the SPONSOR of such
termination or suspension of payment and specify the effective date thereof, at least five
(5) working days before the effective date of termination or suspension.
See Section VII. G. — Corrective Action for escalation steps leading to suspension or
termination for non-compliance. If payments are withheld, Community and 1-Dim an
Services Division staff shall specify in writing the actions that must be taken by the
SPONSOR as a condition precedent to resumption of payments and shall specify a
reasonable date for compliance. Sufficient cause for suspension of payments shall
include,but not be limited to:
* Ineffective use of funds.
* Failure to comply with Section II, Scope of Service of this Agreement.
* Failure to submit periodic reports as determined by the COUNTY.
J. 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 thresholds of Collier
County Purchasing Policy.
Purchasing Threshold Policy
Dollar Range(5) Quotes
Under$3K 1 Written Quote
$3K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above $50K Invitation for Bid(IFB)
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion) e.
VIII. ADMINISTRATIVE REQUIREMENTS
A. RECORDS TO BE MAINTAINED
The SPONSOR shall maintain all records required by the COUNTY that are pertinent
to the activities to be funded under this Agreement as established in Exhibit"B"
(Rental Acquisition Project Requirements).
B. RETENTION
The SPONSOR shall retain all records pertinent to expenditures incurred under this
Agreement for a period of five (5) fiscal years after the funds have been expended and
accounted for, provided applicable audits have been released. Notwithstanding the
above, if there is litigation, claims, audits, negotiations or other actions that involve any
of the records cited and that have started before the expiration of the five-year period,
then such records must be retained until completion of the actions and resolution of all
issues, or the expiration of the ten-year period, whichever occurs later.
C. DISCLOSURE
The SPONSOR shall maintain records in accordance with Florida's Public Information
Law(F.S. 119).
D. CLOSEOUTS
The SPONSOR's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include,but not
be limited to: making final payments, disposing of program assets (including the return
of all unused materials, equipment, program income balances, and receivable accounts
to the COUNTY), close out monitoring and determining the custodianship of records. In
addition to the records retention outlined in Section VIII.B,the SPONSOR shall comply
with Section 119.021 Florida Statutes regarding records maintenance, preservation and
retention. A conflict between state and federal law records retention requirements will
result in the more stringent law being applied such that the record must be held for the
longer duration. Any balance of unobligated funds which have been advanced or paid
must be returned to the County. Any funds paid in excess of the amount to which the
SPONSOR is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. The SPONSOR shall also produce records and information
that complies with Section 215.97, Florida Single Audit Act. At the time of closeout, if
not already done, the County shall secure a note and mortgage on the property for the
amount of SHIP funds invested. The SPONSOR shall be responsible for ongoing
reporting, subject to onsite monitoring, tenant income qualification activities and
continued use for a period of 15 years.
E. AUDITS AND INSPECTIONS
1. Audits
Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that
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the SPONSOR expends a total amount of State awards equal to or in excess of$500,000
in any fiscal year of such SPONSOR, the SPONSOR must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Executive Office of the Governor and the Comptroller,
and Chapter 10.650,Rules of the Auditor General.
In connection with these audit requirements, the SPONSOR shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This
includes submission of a reporting package as defined by Section 215.97(2)(d), Florida
Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting
package must be delivered to the COUNTY within 45 days after delivery of the
financial reporting package to the SPONSOR but no later than 180 days after the
SPONSOR's fiscal year end. Submit the financial reporting package and Exhibit F to
the Grant Coordinator.
If the SPONSOR expends less than $500,000 in State awards in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is
not required. In the event that the SPONSOR expends less than $500,000 in State
awards in its fiscal year and elects to have an audit conducted in accordance with the
provision of Section 215.97, Florida Statutes, the cost of the audit must be paid from
non-State funds.
2. Inspections
The SPONSOR'S records with respect to any matters covered by this Agreement shall
be made available to the COUNTY and/or the FHFC at any time during normal
business hours, as often as the COUNTY or the FHFC deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data.
F. MONITORING
The SPONSOR agrees that CHS will carry out no less than one (1) annual on-site
monitoring visit and evaluation activities as determined necessary for a period of fifteen
(15) years. At the COUNTY's discretion, a desk top review of the activities may be
conducted in lieu of an on-site visit. The continuation of this Agreement is dependent
upon satisfactory evaluations. The SPONSOR shall, upon the request of CHS, submit
information and status reports required by CHS to enable CHS to evaluate said progress
and to allow for completion of reports required. The SPONSOR shall allow CHS to
monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as
determined by CHS.
The COUNTY will monitor the performance of the SPONSOR based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this Agreement.
Substandard performance, as determined by the COUNTY, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SPONSOR
within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. The SPONSOR agrees to
provide the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
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G. CORRECTIVE ACTION
Corrective action plans may be .required for noncompliance, nonperfoiinance, or
unacceptable performance under this Agreement. Penalties may be imposed for failures
to implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution 2013-228, Community and Human Services
(CHS) Division has adopted an escalation policy to ensure continued compliance by
recipients, SPONSORS, or any entity receiving grant funds from CHS. CHS's policy
for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
entity and will require a corrective action plan be submitted to the Division
within 15 days following the monitoring visit.
• Any pay requests that have been submitted to the Division for payment will be
held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely
manner to the Division, the Division may require a portion of the awarded grant
amount be returned to the Division.
• The Division may require upwards of five percent (5%) of the awarded amount
be returned to the Division, at the discretion of the CHS Director.
• The entity may be considered in violation of Resolution 2013-228.
3. If in the case an Entity continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected, and has been informed by the
Division of their substantial non-compliance,by certified mail;the Division may
require a portion of the awarded grant amount be returned to the Division.
• The Division may require upwards of ten percent (10%) of the awarded amount
be returned to the Division, at the discretion of the CHS Director.
• The entity will be considered in violation of Resolution 2013-228
4. If in the case after repeated notification the Entity continues to be substantially
non-compliant, the Division may recommend the contract or award be
terminated.
1-=( • The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all funds disbursed by the County for project that was
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terminated.
The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Division and is found to be
non-compliant, the above sanctions may be imposed across all awards at the Director's
discretion.
H. PROGRESS REPORTS
The SPONSOR shall submit regular Quarterly Progress Report (Exhibit E) to the
COUNTY in the form, content and frequency required by the COUNTY.
IX. CIVIL RIGHTS COMPLIANCE
The SPONSOR agrees that no person shall, on the ground of race, creed, color, religion,
national origin, sex, handicap, familial status, marital status or age be excluded from the
benefits of, or be subjected to discrimination under any activity carried out by the SPONSOR in
performance of this Agreement. Upon receipt of evidence of such discrimination, the
COUNTY shall have the right to terminate this Agreement. The SPONSOR will take
affirmative action to ensure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate 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 setting forth the provisions of this nondiscrimination clause.
X. PROHIBITED ACTIVITY
The SPONSOR is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; sectarian or religious activities; lobbying,
political patronage, and nepotism activities.
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. AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from SHIP grant funds from FHFC and must
be implemented in full compliance with all of SHIP rules and regulations and any agreement
between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the
event of curtailment or non-production of said state funds, the financial sources necessary to
continue to pay the SPONSOR all or any portions of the funds will not be available. In that
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event, the COUNTY may terminate this Agreement, which termination shall be effective as of
the date that it is determined by the County Manager or designee, in his-her sole discretion and
judgment, that the funds are no longer available. In the event of such termination, the
SPONSOR agrees that it will not look to, nor seek to hold the COUNTY, nor any individual
member of the County Commissioners and/or County Administration, personally liable for the
performance of this Agreement, and the COUNTY shall be released from any further liability
to the SPONSOR under the tezins of this Agreement.
XIII. DEFAULTS,REMEDIES,AND TERMINATION
This Agreement may also be terminated for convenience by either the County or the
SPONSOR, in whole or in part, by setting forth the reasons for such termination, the effective
date, and, in the case of partial terminations, the portion to be terminated. However, if in the
case of a partial termination, the County determined that the remaining portion of the award
will not accomplish the purpose for which the award was made, the County may terminate the
award in its entirety.
The following actions or inactions by the SPONSOR shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders, and SHIP guidelines, policies or directives
as may become applicable at any time;
B. Failure, for any reason, of the SPONSOR to fulfill, in a timely and proper manner, its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission, by the SPONSOR to the COUNTY, of reports that are incorrect or
incomplete in any material respect.
E. Submission by the SPONSOR of any false certification;
F. Failure to materially comply with any terms of this Agreement;
G. Failure to materially comply with the terms of any other agreement between the County
and the SPONSOR relating to the project.
In the event of any default by the SPONSOR under this Agreement, the County may seek any
combination of one or more of the following remedies:
1. Require specific performance of the Agreement, in whole or in part;
2. Require the use of, or change in,professional property management;
3. Require immediate repayment by the SPONSOR to the County of all SHIP
funds the SPONSOR has received under this Agreement;
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kiS
4. Apply sanctions, if determined by the County to be applicable; —'
5. Stop all payments,until identified deficiencies are corrected;
6. Terminate this Agreement by giving written notice to the SPONSOR of such
termination and specifying the effective date of such termination. If the
Agreement is terminated by the County as provided herein,the SPONSOR shall
have no claim of payment or claim of benefit for any incomplete project
activities undertaken under this Agreement.
XIV. OPPORTUNITIES FOR RESIDENTS
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SPONSOR is encouraged to comply with
Section 3 of the Housing and Community Development Act of 1968.
XV. OPPORTUNITIES FOR SMALL AND NIINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SPONSOR will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the teirns "small
business"means a business that meets the criteria set forth in section 3(a) of the Small Business
Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a
business at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The SPONSOR may rely on written representations by businesses regarding
their status as minority and female business enterprises,in lieu of an independent investigation.
XVI. AFFIRMATIVE ACTION
The SPONSOR agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SPONSOR to assist in the formulation of such program.
Prior to the award of funds,the SPONSOR shall submit for approval, a plan for an Affirmative
Action Program. The Affirmative Action Program will need to be updated throughout the
fifteen year affordability period and must be re-submitted to County within 30 days of each
update/modification.
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion)
XVII. CONFLICT OF INTEREST
The SPONSOR covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project 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 SPONSOR. The SPONSOR
covenants that it will comply with all provisions of FL 287.057 "Conflict of Interest", and 2
CFR 200.318, and any additional State and County statutes, regulations, ordinance or
resolutions governing conflicts of interest. Any possible conflict of interest on the part of the
SPONSOR or its employees shall be disclosed, in writing,to CHS provided,however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation of low
and moderate-income residents of the project target area.
The SPONSOR will notify the COUNTY, in writing, and seek COUNTY approval, prior to
entering into any contract with an entity owned, in whole or in part, by a covered person or an
entity owned or controlled, in whole or in part, by the SPONSOR. The COUNTY may review
the proposed contract to ensure that the contractor is qualified and that the costs are reasonable.
Approval of an identity of interest contract will be in the COUNTY's sole discretion. This
provision is not intended to limit the SPONSOR's ability to self-manage the projects using its
own employees.
XVIII. INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SPONSOR and any
subcontractors shall report knowledge or reasonable suspicion of abuse,neglect, or exploitation
of a child, aged person, or disabled adult to the County.
XIX. RELIGIOUS ORGANIZATIONS
State funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Florida Statue, Chapter 196.011.The
SPONSOR shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to persons
on the basis of religion.
B. It will not discriminate against any person applying fox public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State and Local Governments and may
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct State funds to support any
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inherently religious activities, such as worship,religious instruction or proselytizing.
D. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, SHIP
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to SHIP funds in this part. Sanctuaries, chapels, or
other rooms that a SHIP funded religious congregation uses as its principal place of
worship,however, are ineligible for SHIP funded improvements.
XX. NATURAL DISASTER
In the event of a natural disaster, this Agreement may be suspended or terminated and funds
transferred to recovery activities as determined by the COUNTY. Funds subject to this
provision shall be those that are not contractually committed for construction, design or other
such third party private vendors.
XXI. ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the
duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the
Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds
issued for the purpose of providing funds for the project are outstanding. The SPONSOR
warrants that it has not, and will not, execute any other agreement with provisions contradictory
to, or in opposition to, the provisions hereof, and that, in any event, the requirements of this
Agreement are paramount and controlling as to the rights and obligations herein set forth and
supersede any other requirements in conflict herewith. However, this shall not preclude the
COUNTY from subordinating its loan to construction financing.
XXII. ACQUISITION,RELOCATION,AND DISPLACEMENT
The SPONSOR acknowledges that the SPONSOR will bear sole responsibility for any costs or
reimbursements, legal or otherwise, from person or persons claiming that they have been
involuntarily displaced by the acquisition of real property associated with development of the
Project.
XXIII. COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright materials or patent materials, The
SPONSOR may copyright or patent such, but Collier COUNTY and the State of Florida
reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise
use such materials and to authorize others to do so.
XXIV.FORCE MAJURE
-
The SPONSOR covenants and agrees that subject to matters of force majeure the work shall be
completed on or before Twelve (12) months from the date of this Agreement. This Agreement
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion) o-
shall be amended between the COUNTY and the SPONSOR when all permits have been issued
to set forth and determine the date of commencement of the work. Matters of force majeure
shall include, but not necessarily be limited to bonafide weather disturbances, strikes, shortages
of material, governmental delays, exclusive of those caused by or as a result of the fault of the
Construction Manager, and those matters over which the Construction Manager has no control.
Force majeure shall not be construed to reduce the obligation of the SPONSOR to timely
complete the project because of the failure of contractors and subcontractors to timely complete
their work,unless such delay is within the definition of the term force majeure.
XXV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-eight (28) enumerated pages and the exhibits and
attachments referenced herein, shall be executed in two counterparts, each of which shall be
deemed to be an original, and such counterparts will constitute one and the same instrument.
IN WITNESS WHEREOF, the SPONSOR and the County,have each, respectively, by an authorized
person or agent,hereunder set their hands and seals on the date first written above.
ATTEST
DWIGHT E BROCK,CLERK BOARD OF COUNTY COMMISSIONERS OF
COLT R COUNTY, FLORIDA
hest as , C ` ; ,'t Clerk _
• �i IA A, CHAIRMAN
signatureon .
Dated: c 1(..� 114t-g)1 I at 11(47
(SEAL) DATE
Community and Assisted and Supported Living
D.B.A Renaissance Manor
By:
S • Eller,President
1
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DA
Approved as to form and legality:
H
�.
Jennifer A.Belpedi.$ ctry
R Assistant County Attorney
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0 Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion)
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, do Community and Human Services Division, 3339 E.
Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance
in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured,with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County shall be named
as an additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
•
4. Professional Liability Insurance in the name of the SPONSOR or the licensed design
professional employed by the SPONSOR, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate, providing for all sums which the SPONSOR and/or
the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SPONSOR or any person employed by the
SPONSOR, in connection with this contract. This insurance shall be maintained for a
period of two (2)years after the certificate of Occupancy is issued. Collier County shall
be named as an additional insured.
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 certificates indicating the following types of insurance coverage
prior to any construction:
5. 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 SPONSOR.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001),the SPONSOR shall assure that for activities located in an area identified
by the Federal Emergency Management(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).
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion)
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:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance
in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County as an additional
insured.
10. 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.
11. 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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EXHIBIT B
RENTAL ACQUISTION PROJECT REQUIREMENTS
RENTAL ACQUISITION ONLY
The Project is to be developed as affordable residential rental housing in accordance with the
SHIP Program and the Collier County LHAP FY 2013-2016. The SPONSOR shall perform the
following activity under this agreement:
a) Acquire rental property
1) Affordability of SHIP -Assisted Units: For the duration of the Affordability Period(15
years), as defined in the Note and Mortgage/Land Use Restriction Agreement (LURA) of even date, a
minimum of 4 units in the Project shall be SHIP-Assisted units.
All SHIP-Assisted units in the Project shall be fixed and rented or held available for rental on a
continuous basis to persons or families who, at the commencement of occupancy shall have a verified
annual income that does not exceed 80% of the Area Median Income (AMI), as defined by the
Department of Housing and Urban Development (HUD) and Florida Housing Finance Corporation.
Rents on these units shall be restricted to the SHIP Program rent limits. Maximum eligible income and
rent limits are revised annually and are available from the COUNTY.
The SPONSOR covenants that all of the units will be rented to income-eligible tenants as
defined by the Department of Housing and Urban Development (HUD). Income Limits will be
restrictive to in accordance to HUD income limits for a minimum affordability period of fifteen (15)
years from the. All units carry rent and occupancy restrictions until June 1, 2031, which remain in
force regardless of transfer of ownership. SHIP-Assisted units shall be reserved for and rented to
households which qualify for the following:
SHIP-Assisted Units According to Income Limits
Income Limits Number SHIP-Assisted Units
30% -Extremely Low 1
50% -Very Low 1
80% -Low 2
Total of Units (Minimum) 4
*Units divided into income category according to SHIP-Assisted units under affordability
period.
When units are occupied by two (2) applicants (roommates) each applicant's income will be
evaluated individually based on 80% of the AMI, as defined by the Department of Housing and Urban
Development. Both applicants portion of rent combined cannot exceed the SHIP Program rent limits.
This Agreement incorporates, by reference, terms and conditions described in the Mortgage
-13 and Note of even date and any other agreements enforcing the SHIP requirements associated with said
Mortgage and Note. The budget for the Project is estimated to be (S412,500) (FOUR HUNDRED
TWELVE THOUSAND FIVE HUDNRED DOLLARS) is provided by the COUNTY through the
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion)
— SHIP PROGRAM. Project acquisition will commence and be completed as defined and set forth in
the affordable housing development schedule incorporated by reference. In no event will acquisition
be completed later than 120 days from the date of this agreement. Acquisition will progress in
accordance with the deliverable schedule submitted by the SPONSOR to obtain financing.
The SPONSOR shall submit evidence of mortgagee title insurance prior to the closing of the
County's acquisition loan, which conforms tothe following specifications: A paid title insurance
policy, in form and content, with a company acceptable to the County, insuring that the
Subordinate Mortgage Loan Documents (as defined in the Note) constitute a valid subordinate
position lien on the Property,free and clear of all defects and encumbrances, and containing:
a) no survey exceptions, other than those heretofore approved by the County;
b) coverage to the extent of any disbursement of the Loan together with a pending disbursements
clause, in form and substance, satisfactory to the Lender and its counsel; and
c) Zoning coverage—As applicable
The SPONSOR shall provide evidence of annual renewals of insurance coverage during the period
of affordability.
2.) Compliance: The SPONSOR shall determine and verify the income eligibility of
tenants in accordance with HUD Section 8 housing assistance programs in 24 CFR Part 5 for the
Project. Income shall be calculated by annualizing verified sources of income for the household as the
amount of income to be received by a household, during the 12 months, following the effective date of
the determination. The Annual Gross Income, as defined in Section 420.9071(4), P.S, must be used
and the SHIP Program income limits cannot be exceeded. The SPONSOR shall maintain complete
and accurate income records pertaining to each tenant occupying a SHIP-assisted unit. Onsite
inspections will be conducted annually upon reasonable prior written notice to verify compliance with
tenant income, rents and the minimum property standards as stated in Section 420.907-420.9079,
Florida Statutes and Rule 67-37, Florida Administrative Code, as they may be amended from time to
time.
3.) Restriction on Use: The SPONSOR is required to comply with all applicable program
requirements of the State Housing Initiatives Partnership (SHIP) Program, including but not limited to
Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code and Collier
County Rehab Standards (Exhibit G). Any or all of these regulations may, but are not required to,be
specifically set forth in any additional loan documents executed in connection with the Loan. The
SPONSOR shall include such language as the County may require in any agreements with prospective
tenants of the Project, or any portion,thereof to evidence such requirements.
4.) Default of Subordinate Mortgage: The Subordinate Mortgage and Notes shall provide that
a default shall occur if:
L a. Sale; if proceeds are not sufficient to pay off the mortgage note, then the property
1-=I owner (not-for-profit or for profit) may contact the County regarding a settlement
amount of the SHIP loan.
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion)
b. Title transfer, either voluntarily or by operation of law, divested of title by judicial
sale,levy or other proceedings, including foreclosure or Deed in Lieu.
c. Refinance; a refinance of the first mortgage may be approved without repayment if
the request is submitted in writing and the refinance is at a lower fixed rate, with no
cash out, in accordance with the"Subordination Policy".
d. Property will no longer serve the intended target population.
e. Repayment of the loan is required in full when any of the aforementioned conditions
is met,whichever occurs first.
Other defaults may trigger repayment, if not cured within any applicable cure or notice
period following a monitoring.
f. Lack of compliance by the SPONSOR with the State statutes or County Codes,
which has not been corrected within thirty days of written notice from the County;
g. The SPONSOR has not begun to offer minimum of two (2) affordable rental
housing to extremely low, very low and low income families and individuals, in
accordance with the provisions of Part 1 of Exhibit B on or before,January 1, 2017;
h. The SPONSOR abandons, and/or ceases to use the Property as affordable rental
housing to tenants,without the prior written approval of the County;
5. Assurance of Public Purpose: The SPONSOR covenants that if the SPONSOR is
unable or unwilling to develop the property in accordance with the terms and conditions incorporated
herein, no lease, sale, or title transfer to any third party shall occur prior to giving the COUNTY, a 90
(Ninety) day notification, during which time— the COUNTY shall have the right, solely at the
COUNTY'S discretion, to purchase or find another SPONSOR to purchase the Project, in order to
carry out the eligible activities of the SHIP Program, for an amount not to exceed the amount of funds
provided by the COUNTY through the Program.
6. Affirmative Marketing: The SPONSOR shall adopt appropriate procedures for
affirmatively marketing the SHIP-assisted units. Affirmative marketing consists of good faith efforts to
provide infonnation and otherwise to attract to the available housing, eligible persons from all racial,
ethnic and gender groups in the housing market area. The SPONSOR shall be required to use
affirmative fair housing marketing practices in soliciting renters, determining eligibility, concluding
transactions, and affirmatively further fair housing efforts. The SPONSOR must maintain a file
containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters,
etc.) to be available for inspection on request by the COUNTY. The SPONSOR must provide a
description of intended actions that will inform and otherwise attract eligible persons from all racial,
ethnic, and gender groups in the housing market of the available housing. The SPONSOR must
provide the COUNTY with an assessment of the affirmative marketing program. Assessment must
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion)
include: a) methods used to inform the public and potential renters about federal fair housing laws and
affirmative marketing policy, b) methods used to inform and solicit applications from persons in the
housing market who are not likely to apply without special outreach; and c)records describing actions
taken by the participating entity and/or owner to affirmatively market units; and records to assess the
results of these actions.
7. Tenant Leases and Protections: Tenants applying for rental housing units shall be
qualified on a first-qualified, first-served basis. Tenants must be income-eligible and must occupy the
rental unit as a primary residence. The SPONSOR shall comply with the provisions of the Florida
Landlord Tenant Act defined in Chapter 83 Part II of the Florida Statutes, SHIP Program, and
COUNTY requirements,which prohibit certain lease terms. All tenant leases for assisted units shall be
expressly subordinate to the Mortgage and shall contain clauses, among others, wherein each
individual lessee:
A. Agrees that the household income, household composition and other eligibility
requirements shall be deemed substantial and material obligations of the tenancy; that
the tenant will comply promptly with all requests for information with respect thereto
from the SPONSOR or the COUNTY, and that tenant's failure to provide accurate
information about household income or refusal to comply with a request for information
with respect thereto shall be deemed a violation of a substantial obligation of his/her
tenancy; and
B. Agrees not to sublease to any person or family who does not meet income qualifications
as determined,verified, and certified by the SPONSOR; and
C. States that the rental unit is the primary residence of the tenant; and
D. Agrees that the lease shall be for a one-year period, unless other terms are mutually
agreed upon by the SPONSOR and tenant.
E. Documentation of special needs.
The SPONSOR will submit to the County, a copy of the tenant/owner lease agreement. Prior to
the signing by the tenant, the lease will be reviewed for compliance with affliulative marketing,
tenant selection and SHIP provisions stated in Section 420.907-420.9079, Florida Statues and Rule
67-37, Florida Administrative Code.
8. Project Requirements: The SPONSOR agrees to not undertake any activity that may
adversely affect historic or environmental sensitivity of the site and to mitigate any findings identified
in an environmental assessment. The SPONSOR agrees that in the event that the Project is located in a
Designated Flood Zone,all government requirements for construction in a flood zone shall be satisfied.
The SPONSOR shall develop and submit to CHS, within 30 days of contract execution, an acquisition
f I schedule to include the following:
Project acquisition will commence and be completed in accordance with the schedule submitted
and in no event will acquisition commence later than 120 days from the date of this Agreement nor
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will the project be completed later than 12 months from the date of this agreement.
Further, "project completion date" will mean issuance of all certificates of occupancy and
completion of initial lease-up.
TENTATIVE SCHEDULE
Sites Identified/Site Due Diligence June 2016
Property Under Conditional Contract July 2016
Environmental Requirements Met/Residents August 2016
Identified
Property Acquired/Rehabilitation Performed as October-November 2016
Needed(CASL)
Residents Moved in/Beneficiaries Reported June 30, 2017
9. Property Standards: The SPONSOR attests that the Project will meet the standards of the
Florida Building Code and all applicable local codes, standards, ordinances, and zoning ordinances at
the time of project completion and throughout the duration of the affordability period. The Project will
also meet the accessibility requirements at 24 CFR part 8, which implements Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and covered multifamily dwellings, as defined at 24 CFR
100.201, and the design and construction requirements at 24 CFR 100.205, which implement the Fair
Housing Act(42 U.S.C. 3601-3619),in the event property rehabilitated at any time during affordability
period.
In accordance with the Local Housing Assistance Plan, a SPONSOR shall follow each SHIP Program
strategy program requirements below:
Energy Efficient Best Practices: Section 420.9075(3)(d), F.S. defines Energy Efficient Best Practices
as: Innovative design, green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance,utilities or insurance in the event property rehabilitated
at any time during affordability period.
Collier County requires the use or inclusion, when appropriate, of the following: energy star
appliances; low-E windows; additional insulation(for increased R-value); ceramic tile; tank-less water
heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; and impact resistant
windows and doors.
10. Property Management. The COUNTY reserves the right to require the SPONSOR to
enter into a contract with a property management firm approved by the COUNTY, for professional
management services for the Property providing for leasing, collection of rents,maintenance and repair
of Property, and other property management tasks as the COUNTY may require in the event the
SPONSOR is failing to meet tenant needs. Such contract shall stipulate that the contract will not be
amended or terminated without prior written consent of the COUNTY.
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion) 0
a
EXHIBIT C
BUDGET NARRATIVE
RENTAL ACQUISITION PROGRAM
The total SHIP allocation to the SPONSOR for the Rental Acquisition,Program shall not exceed
FOUR HUNDRED TWELVE THOUSAND FIVE DOLLARS ($412,500).
Sources for these funds are as follows:
2014-2015 $300,000.00 $300,000.00
2015-2016 $112,500.00 $112,500.00
Uses of these funds are as follows:
Funds shall be disbursed in the following manner for the following uses:
1. Acquisition expenditure shall riot exceed$300,000 per property acquired.
2. Funds will be disbursed via wire transfer at the time of closing.
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EXHIBIT D
REPORTS
Report Title Documentation Required Due Date
Quarterly Report Progress report detailing 30 days after the end of the
accomplishments calendar quarter until June 30,
2017 and annually thereafter
Insurance Proof of coverage in accordance Annually within 30 days after
(Flood, Property, O&D) with Exhibit A/Declaration page renewal
SPONSOR Audit Audit report,Management Within 9 months after the end of
Letter and Exhibit F the SPONSOR fiscal year
through 2031
Quarterly Operating Statement Revenue and Expense and all 10 days after the end of the
necessary supporting calendar year
documentation as requests
Tenant/Lease Agreement Lease Submit prior to signing by first
tenant and any addendums or
changes thereafter through the
period of affordability.
Special Grant Policies See section III(B) Within 60 days of contract
execution
Project Schedule See section III(A) Within 30 days of contract
execution
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion)
EXHIBIT"E"
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the IS`of the
following quarterly month.
Status Report for the Quarter Ending: Submittal Date:
Project Name: Project Number:
SPONSOR: Community Assisted& Supported Living,Inc.
Contact Person:
Telephone: Fax: E-mail:
PROPERTY UNIT DATA
Number of units under rehab this period
Number of units completed this period
Number of units completed to date
EXPENDITURE DATA
Amount of funds expended this period
Amount of funds expended to date
New Contracts executed this period
Name of Contractor Address Amount of Contract
Income Date
Client Income Category Income Amount
What events/actions are scheduled for the next month?
Identify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Date
rt. Signature
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c Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acquistion) 0�
EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
PirOi4at:2CF13•200500•irequTes'C011ierlCountif:td..monitOf!SFONSQRlsoflfede'tal.:eW.ards,td.'detrnfr.fel:if;Bp,pNp..013:(arecompliant with established audit requirements Accordingly, Collier County requires that all appropnate documentation.
is provided regarding your organizations compliance ............ ...... ... ........................................................
........... . ...... . .. ... .............................................................................
••....... ............. .. .. ... .. ...... .:. . .. ................. .;. . . . .... . ...
In determining FederallaWeta:.:experideill-irialfiseei-ye...atlftientity:rhustiCOnSide(eA-.:sotiroespf.',Fedei-et aWfardsilbase0CifcularA-133 forf1sóal 'ëars beqinninq befbre December 26, 2014; and èstablished.by 2 CFR Part 200, Subpart F--
':
on when the activity related to the Federal award occurs, including any Federal award provided by Collier County The
Audit
Requirements;for fi§dalitdars•-:'beoinnino'-,oni.-oe!•',after §n'11c.P(.!.
......
..... . ......................................................................................................................... ................
Name ..................... ... . .
... Dateiof Fiscal Year(MMIDDIYY) I
.. . . . . ..... .. .. . . . . . . .. .... .................
: Total Federal Financial Assistance Expended
. . . . ..... . .......................................................
....... ...... ................................................... .. ...:. . .... .......................... . ...........................................................................
. .Total State finopfol,-A§ootAo00•:-axp00qf44600
during most recently completed Fiscal Year recently completed Fiscal Year .
. .. . ....... ..... . ...... . ... ............ . .. •••• ••'•:••'!'•...•.... .......!••••:f:. ....................
...... • • • ... .. . .. •1-::••:"••' •;•••••••••,•••••••• ••• : -•• ••••••' .. . . .. .
. . .•••••:••:: ........... ......................................................... ..... ••••••:•••:. . . .•..•..•••;. :•••'••••••••''''•..•.•. .
Check A or B. Check C if applicable.
:•• • 'The .federalistate.-ekpenditure.:threshold'foroOr fiscal year ending as indicated above has been met and•:a:
•••• ••
Circular A-1.33 or 2 .CFR. Part200, Bubpart.F. Single Audit..ties •CarriPleted• or will completed by•
• ••• • •.•.•:,.,..CopieS,of,theaudjf report and management letter are attached or will be:prov..ided-within:30
:*; •
days of .... --"• • •••• ...-
.
• -.:We are.not subject to the requirements of-OMB:citepiarAla3 or z.GF.R,Part2QQ;..i.- . ... .. .
• -- • •• • •• .....
• • . .
. .... . . ..... .......
SubPaffrbecaUse- • • • • •••• • • . • •• • ::",: ••- ••• • • •••• • • • • • •
. .. •••••-• •••• • . • • •• • ' •• • • ••": ....:•-• • • •';!•-• ••:•'• •••i: • ,•:•:'•.' •
• 0. Did not exceedthee*penditUre threshold for the.fisdal.year.:indic,ated:above2:: .
ci::::Areefors-:•profit.organiiation:- •-• • i•••••:•••••••••..: ...1.•• ....• • ..;; : .-• • :. .
Are:exernpt.forOttier reasons explain • • • • !:!
• • :•Ari audited financial statement is attached'and if aPplicable•theindependentauditor's•managerneht
Findings were noted; a current Status Update of theresponses and.dOrrectiiie•actiOn Plah•isihauded'Sepatate,
:••::•
from the written response provided within.the audit.repOrt.:WhileWetinderstand that the audit report 66iitairjs!aj
...Written response to the fin.ding(s);.Welaterequeatirig an updated status of theCorrectiVe-aotio6 ):being'takett•
• • •
Please do not provide just.a copy.of.the,Written:response from your audit report, unless it includesdetails.ôf
• . the actions, procedures, policies, etc:.implemented and•when it Was.Orivill•be implemented.
. . . . . . . .• ........... .
. . . ..• . . . .•. . . . . . . . . . ....... . . ...••.• ,••
. . . . . . ....... . . . . . . ......... . .
. . . .
Certification Statement
I hereby . . . .. . . .•••. ...........
... .that • .. ...bove • . ..• ••••• • •• .. .ue•• •••••• •• •• • ••••••••••• . • ......••••••••: ... .. . .......... .
Signature Date
Print Name and Title
C)•
P.
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EXHIBIT "G"
COLLIER COUNTY
CONSTRUCTION REHAB PROGRAM MANUAL OF PRACTICE
SELECTIVE REHAB PROCEDURES as may be amended from time to time.
REFERENCE DATE: JUNE 24, 2014
ITEM# 16D.1
PAGE LEFT BLANK INTENTIONALLY
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Attachment: CASL Agreement with Chairman signature (2076 : SHIP CASL Amendment#1-Acguistion)