Agenda 06/26/2018 Item #16D1006/26/2018
EXECUTIVE SUMMARY
Recommendation to approve two (2) State Housing Initiative Partnership (SHIP) Sponsor
Agreements between Collier County and (1) Collier County Housing Authority (CCHA), contract
award $300,000 and (2) Residential Options of Florida, Inc, contract award $160,468.92 for the
administration of rental acquisition.
OBJECTIVE: To continue to promote affordable housing strategies for low- to moderate-income
persons through the SHIP Program.
CONSIDERATIONS: The William E. Sadowski Affordable Housing Act provides funding to local
communities to promote and advance affordable housing initiatives. Funds are generated through
documentary stamp tax on real estate transactions. Under the 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 Local Housing Assistance Plan (LHAP) identifies eligible strategies and serves as a guideline
for the use of all SHIP funds. The rental acquisition strategy assists in increasing availability of rentals, a
need that has been identified in the Housing Plan accepted by the County. Per the approved LHAP the
total acquisition amount shall be no more than $300,000 per property. Each property wi ll be secured and
will have a fifteen (15) year affordability period.
Community and Human Services (CHS) staff advertised a grant application cycle on March 10, 2018,
with a 31-day submittal period to secure a for-profit or a non-profit organization to implement the Rental
Acquisition strategy in the amount of $460,468.92. CHS received three (3) applications in response from
Collier County Housing Authority (CCHA), Residential Options of Florida, Inc (ROOF), and Community
and Serenity Harbor. On May 9th, a review panel provided their recommendation to make awards to
CCHA and ROOF.
SHIP Sponsor Agreement with Collier County Housing Authority:
CCHA has been managing affordable housing programs since 1972, and have served this demographic
population for the last forty-six (46) years. The Sponsor Agreement provides for CCHA to acquire
property to be used for affordable rental and is designed to assist income-eligible renters. The total award
is $300,000 and funds will be wired at the time of closing. In addition, a note and mortgage will be
secured against the property(ies) to ensure all funds are protected.
SHIP Sponsor Agreement with Residential Options of Florida, Inc.
ROOF operates as a non-profit in Southwest Florida serving persons with disabilities. The Sponsor
Agreement provides for ROOF to acquire one property to be used to provide affordable rental housing for
persons with developmental disabilities and is designed to assist income -eligible renters. The total award
is $160,468.92 and funds will be wired at the time of closing. In addition, a note and mortgage will be
secured against the property to ensure all funds are protected.
FISCAL IMPACT: The proposed action has no new Fiscal impact. Funds are budgeted within SHIP
Grant Fund (791), Project 33467.
LEGAL CONSIDERATIONS: This Item has been approved for form and legality and requires a
majority vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: These projects will allow the County to expand affordable
06/26/2018
housing opportunities for its citizens and further the goals of the Housing Element of the Collier County
Growth Management Plan.
RECOMMENDATION: To approve and authorize the Chairman to sign two (2) SHIP Sponsor
Agreements with Collier County Housing Authority and Residential Options of Florida, Inc.
Prepared By: Lisa N. Carr, Senior Grant Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. Residental Options of Florida-RA Agreement (PDF)
2. Collier County Housing Authority-RA Agreement (PDF)
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.10
Doc ID: 5889
Item Summary: Recommendation to approve two (2) State Housing Initiative Partnership (SHIP)
Sponsor Agreements between Collier County and (1) Collier County Housing Authority (CCHA),
contract award $300,000 and (2) Residential Options of Florida, Inc, contract award $160,468.92 for the
administration of rental acquisition.
Meeting Date: 06/26/2018
Prepared by:
Title: Grants Coordinator – Community & Human Services
Name: Lisa Carr
06/06/2018 9:57 AM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
06/06/2018 9:57 AM
Approved By:
Review:
Community & Human Services Leslie Davis Additional Reviewer Completed 06/06/2018 10:05 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/06/2018 10:06 AM
Community & Human Services Kristi Sonntag Additional Reviewer Completed 06/06/2018 10:30 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/11/2018 9:18 AM
Public Services Department Kimberley Grant Additional Reviewer Completed 06/12/2018 11:56 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/12/2018 2:13 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/12/2018 3:27 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/12/2018 3:52 PM
Grants Erica Robinson Level 2 Grants Review Completed 06/13/2018 3:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/13/2018 4:08 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 9:39 AM
Grants Therese Stanley Additional Reviewer Completed 06/14/2018 3:59 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/15/2018 2:59 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/15/2018 4:11 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM
Grant-SHIP FY 2016-2017
Activity: Rental Acquisition
SPONSOR: Residential Options of
Florida, Inc.
CSFA #: 52.901
DUNS #: 081166518
FEIN: 47-1232139
FISCAL YEAR: December 31 st
MONITORING:
June 2034
AGREEMENT BETWEEN COLLIER COUNTY
AND
RESIDENTIAL OPTIONS OF FLORIDA, INC.
Annually through
THIS AGREEMENT is made and entered into this ___ day of ______ , 2018, 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 Residential
Options of Florida, Inc, hereinafter referred to as "SPONSOR", a non-profit corporation existing
under the laws of the State of Florida, having its principal office 3050 Horseshoe Drive N., Suite 285,
Naples, FL 34104.
WHEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of Florida in 1992
provided a dedicated revenue source for affordable housing in Florida and created the State Housing Initiatives
Partnership (SHIP) Program;
WHEREAS, the State Housing Initiative Program is established in accordance with Section 420.907-
9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and
WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program; and
WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertaking
certain activities to primarily benefit persons or households earning not greater than 120% of median annual
income adjusted for family size; and
WHEREAS, the Fiscal Year 2016-2019 Local Housing Assistance Plan as amended was adopted
by the Board of County Commissioners on April 26, 2016, Resolution No. 2016-75; and
WHEREAS, the COUNTY and the SPONSOR desire to provide rental acquisition as m
accordance with this Agreement and the aforementioned Local Housing Assistance Plans; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings as specified in Exhibit "B" and determines that they are valid and worthwhile County
purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is agreed by the Parties as follows:
SHIP Rental Acquisition 1
DEFINITIONS AND PURPOSE
A. DEFINITIONS
Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program,
Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code,
and any amendments thereto (also referred to as the SHIP Program).
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 and Exhibit B
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 2016-2017 and SPONSOR's Application
dated April 10, 2018.
III. SPECIAL GRANT CONDITIONS
A. Within 60 days of the execution of this Agreement, the SPONSOR must deliver to
Community and Human Services Division (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.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
SHIP Rental Acquisition
Affirmative Fair Housing Policy
Procurement Policy including Code of Conduct
Affirmative Action Policy
Conflict of Interest Policy
Equal Opportunity Policy
Sexual Harassment Policy
Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
Fraud Policy
Tenant Waitlist Policy
Tenant Grievance Policy
Tenant Guidelines (Income)
Marketing Plan
Property Maintenance
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IV.PERIOD OF PERFORMANCE
This Agreement shall be in effect from June 26, 2018 through June 30, 2019, 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,
rehabilitation and initial lease-up of all units, including all SHIP-assisted units. The SPONSOR
shall be responsible for ongoing reporting, subject to onsite monitoring, tenant income
qualification activities and continued use for an affordability period of 15 years. In any event,
all services required hereunder shall be completed by the SPONSOR prior to June 30, 2019. Any
funds not obligated by the expiration date of this Agreement shall automatically revert to
COUNTY.
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 ONE HUNDRED
SIXTY THOUSAND FOUR HUNDRED AND SIXTY-EIGHT DOLLARS AND
NINETY TWO CENTS ($160,468.92)
The budget identified for the Project shall be as follows
Line Item Description
Project Component One: Acquisition of rental
property. (Maximum is $160,468.92 per property.)
TOTAL
SHIP Funds
$160,468.92
$160,468.92
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, Exhibit B shall be performed by
SPONSOR employees, contracted 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 fifteen (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.
SHIP Rental Acquisition 3
If the SPONSOR offers the Property for sale before fifteen (15) years after the SPONSOR' s
receipt of the Cetiificate of Occupancy, or at any other time when there are existing motigages
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 advetiisement 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 strategy
sponsor selection criteria, in the County's FY 2016-2019 SHIP Local Housing 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 motigage and forgivable for the
acquisition at closing to the title company. The SPONSOR shall make best effort to provide
CHS closing disclosures seven (7) days prior to closing and submit final AL TA and Title
Insurance 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 $160,468.92. 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
SHIP Rental Acquisition
ATTENTION: Lisa N. Carr, Sr. Grant Coordinator
Collier County Government
Community and Human Services
3339 E. Tamiami Trial, Suite 211
Naples, FL 34112
Email to: lisa.carr@colliercountyfl.gov
Phone: 239-252-2339
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SPONSOR
ATTENTION: Sheryl Soukup
Residential Options of Florida, Inc.
3050 Horseshoe Drive, Suite 285
Naples, FL 34104
Email to: sheryl@soukupstrategicsolutions.com
Telephone: 239-774-7663
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 Acquisition.
B. 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.
C. 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.
D. 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.
E. 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 paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
SHIP Rental Acquisition 5
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.
F. 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, whether printed or digital, 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.
G. 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 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.
SHIP Rental Acquisition 6
H. 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, studies, drawings, maps, models,
photographs, 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 refe1Ted 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 VIII. G. -Coffective Action for escalation steps leading to suspension or
termination for non-compliance. If payments are withheld, Community and Human
Services Division (CHS) 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.
I. PURCHASING
All purchasing for consumables, capital equipment and services shall be made by purchase
order or by a written contract and in conformity and in full compliance with the procedures
prescribed by applicable Florida Statutes (FL 287.017) and the Collier County Purchasing
Policy, whichever is more stringent.
urc asmg res o o 1cy P h . Th h ld P 1 ·
Dollar Ran2e ($) Competition Required
$0 -$3,000 1 Verbal Quote
$3,001 -$10,000 3 Verbal Quotes
$10,001 -$50,000 3 Written Quotes
$50,000+ Bids, Proposals, Contracts (RFP,
IFB etc.)
SHIP Rental Acquisition 7
All improvements specified in Part I Scope of Work, shall be performed by SPONSOR
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and FL State requirements. The SPONSOR shall enter into contracts with the
lowest, responsible and qualified bidder. 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.
As provided in Section 287.133, Florida Statutes by entering into this Agreement or
performing any work in furtherance hereof, the SPONSOR ce1iifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by Section 287.133 (3)(a), Florida Statutes.
J. DEBARMENT
The SPONSOR certifies that no officer or agent of the SPONSOR has been debarred from
bidding, proposing, or contracting for federal, state, or local government programs. The
SPONSOR assures that all its subcontractors who will participate in activities, which are
subject to this agreement, are eligible and have not been debarred.
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 pe1iinent 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. GRANT CLOSE PROCEDURE
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
SHIP Rental Acquisition 8
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 prope1iy 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
SHIP Rental Acquisition
1. Audits
Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that
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 rep01ting 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 rep01ting 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 in accordance
with provisions 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.
9
F. MONITORING
The SPONSOR agrees that CHS will carry out no less than one (I) 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.
G. CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, 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
subrecipients, 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.
2.
SHIP Rental Acquisition
• 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.
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.
10
• 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 ce1iified mail; the Division may require a
potiion of the awarded grant amount be returned to the Division.
• The Division may require upwards of ten percent (I 0%) 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.
• 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 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 Repoii (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
adve1iising, 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.
SHIP Rental Acquisition 11
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 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 terms 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;
SHIP Rental Acquisition 12
D. Submission, by the SPONSOR to the COUNTY, of repo1is that are incorrect or
incomplete in any material respect.
E. Submission by the SPONSOR of any false ce1iification;
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;
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 MINORITY /WOMEN OWNED BUSINESS
ENTERPRISES
The SPONSOR will use its best eff01is to afford small businesses, minority business enterprises,
and women owned business enterprises the maximum practicable opportunity to participate in
the performance of this contract. As used in this contract, the terms "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
SHIP Rental Acquisition 13
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
(15) affordability period and must be re-submitted to COUNTY within 30 days of each
update/modification.
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 oflnterest", 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 very low-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 paii, 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.
SHIP Rental Acquisition 14
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 for 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 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 fo1ih and
supersede any other requirements in conflict herewith. However, this shall not preclude the
COUNTY from subordinating its loan to construction financing.
SHIP Rental Acquisition 15
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. 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 some original, and such counterparts will constitute one and the same instrument.
XXV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitute the entire understanding. The parties herby acknowledge that there have been and are
no representations, warranties, covenants, or undertakings other than those expressly set forth
herein.
(Signature Page to Follow)
SHIP Rental Acquisition 16
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
, Deputy Clerk
Dated: ----------
(SE AL)
SHIP Rental Acquisition
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: __________ _
ANDY SOLIS, CHAIRMAN
DATE
RESIDENTIAL OPTIONS OF FLORIDA, INC.
By: --------------Sheryl Soukup, Executive Director
DATE
Approved as to form and legality:
17
Jennifer A. Belpedio
Assistant County Attorney
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, c/o 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, Flor;da 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).
SHIP Rental Acquisition 18
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.
SHIP Rental Acquisition 19
EXHIBIT "B"
RENTAL ACQUISTION PROJECT REQUIREMENTS
RENT AL ACQUISITION ONLY
The Project is to be developed as affordable residential rental housing in accordance with the
SHIP Program and the Collier County LHAP FY2016-2019. 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 of even
date, a minimum of 1 unit in the Project shall be SHIP-Assisted unit.
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 HUD or 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 date
of execution of the note and mortgage. All units carry rent and occupancy restrictions until June 30,
2034, 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
80%-Low 1
Total of Units (Minimum) 1
*Units divided into income category according to SHIP-Assisted units under affordability period.
A household income will be determined by the number of persons listed on each executed lease
agreement. The combined rent of each tenant of a single unit cannot exceed the SHIP Program rent
limits.
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 ONE HUNDRED SIXTY
THOUSAND FOUR HUNDRED AND SIXTY-EIGHT DOLLARS AND NINETY TWO
CENTS ($160,468.92)) 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
188 days from the date of this agreement unless otherwise approved by the Grant Coordinator.
Acquisition will progress in accordance with the project delivery schedule submitted by the
SPONSOR to obtain financing.
SHIP Rental Acquisition 20
The SPONSOR shall submit evidence of mortgagee title insurance prior to the closing of the
County's acquisition loan, which conforms to the following specifications: A paid title insurance
policy, in form and content, 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), F.S, must be used and the SHIP Program
income limits cannot be exceeded. The initial verification of income process is done at the time of
tenancy and is not a condition to release payment at closing. 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. The
SPONSOR shall have initial tenancy for all SHIP assisted units no later than June 30, 2019.
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. 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. Verification of income will be determined
at the time of tenancy and is not a condition to release payment at the time of closing.
4. Default of Subordinate Mortgage: The Subordinate Mortgage and Notes shall provide that
a default shall occur if:
a. Sale; if proceeds are not sufficient to pay off the mortgage note, then the property
owner (not-for-profit or for profit) shall contact the County regarding a settlement
amount of the SHIP loan.
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.
SHIP Rental Acquisition 21
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 thhty days of written notice from the COUNTY;
g. The SPONSOR has not begun to offer minimum of one (1) affordable rental housing
to extremely low, very low and low-income families and individuals, in accordance
with the provisions of Part 1 of Exhibit Bon or before, June 30, 2019;
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 prope1ty 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. Non-compliance includes, but not limited to:
a. Failure to maintain commitments in the Regulatory Agreement including:
• Low-income set aside percentage requirements
• Failure to respond to request for monitoring reviews
b. Failure to document lower-income occupancy, including:
• Lack of verification of income
• Certification or recertification of household members
• Non-disclosure of all income on Tenant Income Certifications
• Incomplete Tenant Income Certifications
• Undisclosed occupants in unit
• Failure by owner to submit annual ce1tification and/or other required reports
7. Affirmative Marketing: The SPONSOR shall adopt appropriate procedures for
affirmatively marketing the SHIP-assisted units. Affirmative marketing consists of good faith efforts to
provide information 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,
SHIP Rental Acquisition 22
and affirmatively further fair housing efforts. The SPONSOR must maintain a file contammg 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 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.
8. 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. 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:
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. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed
upon by the SPONSOR and tenant.
D. Documentation of request of special needs.
The SPONSOR will submit to the County, a copy of the tenant/owner lease agreement on an
annual basis. The lease will ensure compliance with affirmative marketing, tenant selection and
SHIP provisions stated in Section 420.907-420.9079, Florida Statues and Rule 67-37, Florida
Administrative Code.
9. Project Requirements: The SPONSOR agrees to not undertake any activity that may
adversely affect historic or environmental sensitivity of the site. 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 60 days of contract execution, an acquisition
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 188 days from the date of this Agreement without
approval from the Grant Coordinator nor will the project be completed later than 12 months from the
date of this agreement.
SHIP Rental Acquisition 23
Further, "project completion date" will mean issuance of all certificates of occupancy and
completion of initial lease-up.
10. 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.
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.
11. 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.
SHIP Rental Acquisition 24
EXHIBIT "C"
BUDGET NARRATIVE
RENTAL ACQUISITION PROGRAM
The total SHIP allocation to the SPONSOR for the Rental Acquisition, Program shall not exceed One
Hundred Sixty Thousand Four Hundred Sixty-Eight and Ninety-two cents ($160,468.92)
Sources for these funds are as follows:
Fiscal Year Rental Acquisition Total
2016-2017 $160,468.92 $160,468.92
Tota/Funds $160,468.92 $160,468.92
Uses of these funds are as follows:
Funds shall be disbursed in the following manner for the following uses:
1. Acquisition expenditure shall not exceed $160,468.92 for prope1iy acquired.
2 . Funds will be disbursed via wire transfer at the time of closing.
SHIP Rental Acquisition 25
R rt Ttl epo 1 e
Special Grant Policies
Project Schedule
Insurance
(Flood, Property, O&D)
SPONSOR Audit
Progress Report
Tenant/Lease Agreement
Operating Expense Report
Operating Expense Budget
Report
Capital Reserve Plan
Maintenance Plan
Register of Tenant Income and
Rent
Maintenance Agreement
SHIP Rental Acquisition
EXHIBITD
REPORTS
D t f R . d ocumen a 10n eqmre
See Section III, B
See Section III, A
Proof of coverage in
accordance with Exhibit A /
Declaration page
Audit report, Management
Letter and Exhibit F
Progress report, detailing
accomplishments Exhibit E
Lease
Actual vs. Budget, revenue and
expense report and all
supporting documentation, as
requested
Detailed Operating budget for
the next fiscal year
Plan approved by the County
Plan approved by the County
Summary of Tenant Income
and Current Rent, by unit
Executed Agreement
26
D Dt ue ae
Within 60 days of contract
execution and 30 days of
revision
Within 60 days of contract
execution
At time of Acquisition and
annually within 30 days after
renewal through June 2034
Within 9 months for Single
Audit ( otherwise 180 days)
after the end of the SPONSOR
fiscal year through 2034
(10) days after the end of the
calendar quarter until Month
June, 2019 and annually
thereafter
Initial Lease up and annually
thereafter through the period of
affordability.
Initial report due after lease up
and annually thereafter, prior to
SPONSOR fiscal year until
2034
Initial report due after lease up
and annually thereafter, prior to
SPONSOR fiscal year until
2034
Initial Plan due after lease up
and annually thereafter, prior to
SPONSOR fiscal year until
2034
At the time of acquisition
through 2034
At time of full lease up and
annually thereafter until 2034
Initial Lease up and annually
thereafter throughout the period
of affordability, if applicable
until 2034
EXHIBIT"E"
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to County staff by the 10th of the following quarterly month.
Quarter Year: _____ Circle One: 1st 2nd 3rd 4th Period Ending: _______ _
Project Name: _________ _ Project Number:
SPONSOR:
Contact Person:
Telephone: __________ E-mail: ________________ _
Please identify any actions taken or completed for the following stages;
Stage PROPERTY ACQUISITION
1:
Stage PROPERTY STANDARDS/
2: REHABILITATION
Stage TENANT ELIGIBILITY
3:
What events/actions are scheduled for the next month/quarter?
Identify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Date --------
Signature
SHIP Rental Acquisition 27
EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine
if subrecipients are compliant with established audit requirements. Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organizations compliance.
In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal
awards based on when the activity related to the federal award occurs, including any Federal award
provided by Collier County. The determination of amounts of Federal awards ex~ended shall be in
accordance with guidelines established by 0MB Circular A-133, for fiscal years beginning before
December 26, 2014, and established by 2 CFR Part 200, Sub~art F -Audit Reguirements, for fiscal years
beginning on or after December 26, 2014. This form may be used to monitor Florida Single Audit Act
(Statute 215 .97} reguirements.
Subrecipient
I Name
First Date of Fiscal Year (MM/DDNY) Last Date of Fiscal Year (MM/DDNY)
Total Federal Financial Assistance Total State Financial Assistance Expended Expended during most recently completed
Fiscal Year during most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above
• has been met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been
completed or will be completed by . Copies of the audit report and
management letter are attached or will be provided within 30 days of completion .
B. We are not subject to the requirements of 0MB Circular A-133 or 2 CFR Part 200,
Subpart F because we:
• Did not exceed the expenditure threshold for the fiscal year indicated above
• • Are a for-profit organization
• Are exempt for other reasons -explain
An audited financial statement is attached and if applicable, the independent auditor's
manaQement letter.
C. Findings were noted, a current Status Update of the responses and corrective action
plan is included separate from the written response provided within the audit reports. While
• we understand that the audit report contains a written response to the finding(s}, we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature I Date
I
Print Name and Title
06/17
SHIP Rent al Acqui sition 28
Grant - SHIP FY 2016-2017
Activity: Rental Acquisition
SPONSOR: Collier County Housing
Authority
CSFA #: 52.901
DUNS #: 040977514
FEIN: 59-1490555
FISCAL YEAR: September 30tl
MONITORING: Annually through
June 2034
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY
THIS AGREEMENT is made and entered into this day of , 2018, 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 Collier County
Housing Authority, hereinafter referred to as "SPONSOR", a special unit of government existing
under the laws of the State of Florida, having its principal office 1800 Farm Worker Way, Immokalee,
FL 34142.
WHEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of Florida
in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State
Housing Initiatives Partnership (SHIP) Program;
WHEREAS, the State Housing Initiative Program is established in accordance with Section
420.907--9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and
WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program;
IM3l
WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is
undertaking certain activities to primarily benefit persons or households earning not greater than 120%
of median annual income adjusted for family size; and
WHEREAS, the Fiscal Year 2016-2019 Local Housing Assistance Plan as amended was adopted
by the Board of County Commissioners on April 26, 2016, Resolution No. 2016-75; 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
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings as specified in Exhibit "B" and determines that they are valid and worthwhile County
purposes.
SHIP Rental Acquisition
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is agreed by the Parties as follows:
I. DEFINITIONS AND PURPOSE
A. DEFINITIONS
Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program,
Section 420.907 1, Florida Statutes and Chapter 67-37 of the Florida Administrative Code,
and any amendments thereto (also referred to as the SHIP Program).
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 and Exhibit B
of this Agreement.
II. 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 2016-2017 and SPONSOR's Application
dated April 10, 2018.
III. SPECIAL GRANT CONDITIONS
A. Within 60 days of the execution of this Agreement, the SPONSOR must deliver to
Community and Human Services Division (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
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
8. Fraud Policy
9. Tenant Waitlist Policy
10. Tenant Grievance Policy
SHIP Rental Acquisition
2
in Section 504 of the
11. Tenant Guidelines (Income)
12. Marketing Plan
13. Property Maintenance
IV. PERIOD OF PERFORMANCE
This Agreement shall be in effect from June 26, 2018 through June 30, 2019, 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,
rehabilitation and initial lease -up of all units, including all SHIP -assisted units. The SPONSOR
shall be responsible for ongoing reporting, subject to onsite monitoring, tenant income
qualification activities and continued use for an affordability period of 15 years. In any event,
all services required hereunder shall be completed by the SPONSOR prior to June 30, 2019. Any
funds not obligated by the expiration date of this Agreement shall automatically revert to
COUNTY.
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 THREE
HUNDRED THOUSAND DOLLARS ($300,000.00
The budget identified for the Project shall be as follows
Line Item Description
SHIP Funds
Project Component One: Acquisition of rental
property. (Maximum is $300,000 per property.)
$300,000.00
TOTAL
$ 300,000.00
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, Exhibit B shall be performed by
SPONSOR employees, contracted 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 fifteen (15) years if all SHIP terms
and conditions are met.
SHIP Rental Acquisition 3
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 strategy
sponsor selection criteria, in the County's FY 2016-2019 SHIP Local Housing 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 make best effort to provide
CHS closing disclosures seven (7) days prior to closing and submit final ALTA and Title
Insurance 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 $300,000.00. 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: Lisa N. Carr, Sr. Grant Coordinator
Collier County Government
Community and Human Services
3339 E. Tamiami Trial, Suite 211
SHIP Rental Acquisition 4
SPONSOR
Naples, FL 34112
Email to: lisa.car@colliercountyfl.gov
Phone: 239-252-2339
ATTENTION: Oscar Hentschel
Collier County Housing Authority
1800 Farm Work Way
Immokalee, FL 34142
Email to: ohentschel@cchafl.org
Telephone: 239-657-3649
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 Acquisition.
B. 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.
C. 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.
D. 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.
E. 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
SHIP Rental Acquisition 5
omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
the 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.
F. 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, whether printed or digital, 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.
G. 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 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.
SHIP Rental Acquisition 6
0
H. 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, studies, drawings, maps, models,
photographs, 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 VIII. G. — Corrective Action for escalation steps leading to suspension or
termination for non-compliance. If payments are withheld, Community and Human
Services Division (CHS) 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.
PURCHASING
All purchasing for consumables, capital equipment and services shall be made by purchase
order or by a written contract and in conformity and in full compliance with the procedures
prescribed by applicable Florida Statutes (FL 287.017) and the Collier County Purchasing
Policy, whichever is more stringent.
Purchasing Threshold Policy
Dollar Range $
Competition Required
$0-$3,000
1 Verbal Quote
$3,001 - $10,000
3 Verbal Quotes
$10,001 - $50,000
3 Written Quotes
$50,000+
Bids, Proposals, Contracts (RFP,
IFB etc.)
All improvements specified in Part I Scope of Work, shall be performed by SPONSOR
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
SHIP Rental Acquisition
COUNTY and FL State requirements. The SPONSOR shall enter into contracts with the
lowest, responsible and qualified bidder. 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.
As provided in Section 287.133, Florida Statutes 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 Section 287.133 (3)(a), Florida Statutes.
DEBARMENT
The SPONSOR certifies that no officer or agent of the SPONSOR has been debarred from
bidding, proposing, or contracting for federal, state, or local government programs. The
SPONSOR assures that all its subcontractors who will participate in activities, which are
subject to this agreement, are eligible and have not been debarred.
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. GRANT CLOSE PROCEDURE
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
SHIP Rental Acquisition g
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
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)(4),
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 in accordance
with provisions 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.
SHIP Rental Acquisition g
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.
G. CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, 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
subrecipients, sponsors, or any entity receiving grant funds from CHS. CHS's policy for
escalation for non-compliance is as follows:
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.
SHIP Rental Acquisition 10
• 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.
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 often 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.
• 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 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.
SHIP Rental Acquisition
11
N
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 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 terms 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;
SHIP Rental Acquisition 12
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;
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 MINORITYIWOMEN OWNED BUSINESS
ENTERPRISES
The SPONSOR will use its best efforts to afford small businesses, minority business enterprises,
and women owned business enterprises the maximum practicable opportunity to participate in
the performance of this contract. As used in this contract, the terms "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 (5 1) percent owned and controlled by minority group members or women. For the purpose
SHIP Rental Acquisition
13
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
(15) affordability period and must be re -submitted to COUNTY within 30 days of each
update/modification.
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 very low-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.
SHIP Rental Acquisition
14
N
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 for 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 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.
SHIP Rental Acquisition 15
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.
XXIIL 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. 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 some original, and such counterparts will constitute one and the same instrument.
XXV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitute the entire understanding. The parties herby acknowledge that there have been and are
no representations, warranties, covenants, or undertakings other than those expressly set forth
herein.
(Signature Page to Follow)
SHIP Rental Acquisition 16
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
Dated:
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
ANDY SOLIS, CHAIRMAN
(SEAL) DATE
COLLIER COUNTY HOUSING AUTHORITY
Oscar Hentschel, Executive Director
DATE
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
SHIP Rental Acquisition 17 01�11
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, c/o 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:
Workers' Compensation as required by Chapter 440, Florida Statutes.
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.
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:
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).
SHIP Rental Acquisition 18
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.
SHIP Rental Acquisition
19
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 FY2016-2019. 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 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 HUD or 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 date
of execution of the note and mortgage. All units carry rent and occupancy restrictions until June 30,
2034, 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
50% - Very Low
2
80% - Low
2
Total of Units (Minimum)
4
*Units divided into income category according to SHIP -Assisted units under affordability period.
A household income will be determined by the number of persons listed on each executed lease
agreement. The combined rent of each tenant of a single unit cannot exceed the SHIP Program rent
limits.
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 THREE HUNDRED THOUSAND
DOLLARS ($300,000.00) 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 unless otherwise approved by the Grant Coordinator.
Acquisition will progress in accordance with the project delivery schedule submitted by the SPONSOR
SHIP Renta( Acquisition 20
to obtain financing.
The SPONSOR shall submit evidence of mortgagee title insurance prior to the closing of the
County's acquisition loan, which conforms to the following specifications: A paid title insurance
policy, in form and content, 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), F.S, must be used and the SHIP Program
income limits cannot be exceeded. The initial verification of income process is done at the time of
tenancy and is not a condition to release payment at closing. 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. The
SPONSOR shall have initial tenancy for all SHIP assisted units no later than June 30, 2019.
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. 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. Verification of income will be determined
at the time of tenancy and is not a condition to release payment at the time of closing.
4.) Default of Subordinate Mortgage: The Subordinate Mortgage and Notes shall provide that
a default shall occur if.
a. Sale; if proceeds are not sufficient to pay off the mortgage note, then the property
owner (not-for-profit or for profit) shall contact the County regarding a settlement
amount of the SHIP loan.
SHIP Rental Acquisition
21
E
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, June 30, 2019;
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.
Non-compliance includes, but not limited to:
a. Failure to maintain commitments in the Regulatory Agreement including:
• Low-income set aside percentage requirements
• Failure to respond to request for monitoring reviews
b. Failure to document lower-income occupancy, including:
• Lack of verification of income
• Certification or recertification of household members
• Non -disclosure of all income on Tenant Income Certifications
• Incomplete Tenant Income Certifications
• Undisclosed occupants in unit
• Failure by owner to submit annual certification and/or other required reports
7. Affirmative Marketing: The SPONSOR shall adopt appropriate procedures for
affirmatively marketing the SHIP -assisted units. Affirmative marketing consists of good faith efforts to
provide information and otherwise to attract to the available housing, eligible persons from all racial,
SHIP Rental Acquisition 22
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 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.
8. 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. 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:
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. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed
upon by the SPONSOR and tenant.
D. Documentation of request of special needs.
The SPONSOR will submit to the County, a copy of the tenant/owner lease agreement on an
annual basis. The lease will ensure compliance with affirmative marketing, tenant selection and
SHIP provisions stated in Section 420.907-420.9079, Florida Statues and Rule 67-37, Florida
Administrative Code.
9. Project Requirements: The SPONSOR agrees to not undertake any activity that may
adversely affect historic or environmental sensitivity of the site. 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 60 days of contract execution, an acquisition
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 without
SHIP Rental Acquisition 23
approval from the Grant Coordinator nor 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.
10. 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.
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.
11. Property Mana eg ment. 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.
SHIP Rental Acquisition 24
EXHIBIT "C"
BUDGET NARRATIVE
RENTAL ACQUISITION PROGRAM
The total SHIP allocation to the SPONSOR for the Rental Acquisition, Program shall not exceed
THREE HUNDRED THOUSAND DOLLARS ($300,000.00
Sources for these funds are as follows:
Fiscal Year Rental Acquisition Total
2016-2017 $300,000.00 $300,000.00
Total Funds $300,000.00 $300,000.00
Uses of these funds are as follows:
Funds shall be disbursed in the following manner for the following uses:
1. Acquisition expenditure shall not exceed $300,000.00 for property acquired.
2. Funds will be disbursed via wire transfer at the time of closing.
SHIP Rental Acquisition
W"
T
EXHIBIT D
REPORTS
Retort Title Documentation Required Due Date
Special Grant Policies
See Section III, B
Within 60 days of contract
execution and 30 days of
revision
Project Schedule
See Section III, A
Within 60 days of contract
execution
Insurance
Proof of coverage in
At time of Acquisition and
(Flood, Property, O&D)
accordance with Exhibit A /
annually within 30 days after
Declaration page
renewal through June 2034
SPONSOR Audit
Audit report, Management
Within 9 months for Single
Letter and Exhibit F
Audit (otherwise 180 days)
after the end of the SPONSOR
fiscal year through 2034
Progress Report
Progress report, detailing
(10) days after the end of the
accomplishments Exhibit E
calendar quarter until Month
June, 2019 and annually
thereafter through 2034
Tenant/Lease Agreement
Lease
Initial Lease up and annually
thereafter through the period of
affordability.
Operating Expense Report
Actual vs. Budget, revenue and
30 days after the end of the
expense report and all
SPONSOR'S fiscal year
supporting documentation, as
requested
Operating Expense Budget
Detailed Operating budget for
Initial report due after lease up
Report
the next fiscal year
and annually thereafter, prior to
SPONSOR fiscal year until
2034
Capital Reserve Plan
Plan approved by the County
Initial Plan due after lease up
and annually thereafter, prior to
SPONSOR fiscal year until
2034
Maintenance Plan
Plan approved by the County
At the time of full lease up and
annuall through 2034
Register of Tenant Income and
Summary of Tenant Income
At time of full lease up and
Rent
and Current Rent, by unit
annually thereafter until 2034
Maintenance Agreement
Executed Agreement
Initial Lease up and annually
thereafter throughout the period
of affordability, if applicable
until 2034
SHIP Rental Acquisition
0
N
EXHIBIT "E"
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to County staff by the 10'" of the following quarterly month.
Quarter Year: Circle One: 1" 2nd 3�d 4th Period Ending:
Project Name: Project Number:
SPONSOR:
Contact Person:
Telephone:
E-mail:
Please iclentifv anv actions taken or completed for the following stases:
Stage
1:
PROPERTY ACQUISITION
Stage
PROPERTY STANDARDS/
2:
REHABILITATION
Stage
TENANT ELIGIBILITY
3:
What events/actions are scheduled for the next month/quarter?
Identify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Date
Signature
SHIP Rental Acquisition 27
U
EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine
if subrecipients are compliant with established audit requirements. Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organizations compliance.
In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal
awards based on when the activity related to the federal award occurs, including any Federal award
provided by Collier County. The determination of amounts of Federal awards expended shall be in
accordance with guidelines established by OMB Circular A-133, for fiscal years beginning before
December 26 2014 and established bV 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years
beginning on or after December 26 2014. This form may be used to monitor Florida Single Audit Act
(Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance
Total State Financial Assistance Expended
Expended during most recently completed
during most recently completed Fiscal Year
Fiscal Year
Check A. or B. Check C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above
has been met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been
❑
completed or will be completed by . Copies of the audit report and
management letter are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200,
Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action
plan is included separate from the written response provided within the audit reports. While
❑
we understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
06/17
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