Backup Documents 06/25/2019 Item #16D11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 11
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Lisa N. Carr Community and Human LNC 6/26/19
Services
2. County Attorney Office County Attorney Office accf) G [4
3. BCC Office Board of County w0Lr)
Commissioners \/, 02-4c\
4. Minutes and Records Clerk of Court's Office ` p tt;0t,,,
— tC
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Lisa N.Carr, Sr.Grant Coordinator, Phone Number 239-252-2339
Contact/ Department Community and H Services
Agenda Date Item was 6/25/2019 Agenda Item Number 16.D11
Approved by the BCC i.
Type of Document Agreement Between Collier County and Number of Original 3
Attached Residential Options of Florida,Inc/ Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S 0 K tea- to 1
2. Does the document need to be sent to another agency for additional signatures? 1'f yes, LNC
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be LNC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's LNC
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the LNC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LNC
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 06/25/19 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County ,co, an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for an option for
Chairman's signature. .. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: June 27, 2019
To: Lisa Carr, Grant Coordinator
Community and Human Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Agreement w/Residential Options of Florida, Inc.
Attached are two originals of the document referenced above,
(Item #16D11) approved by the Board of County Commissioners on
Tuesday, June 25, 2019.
An original has been kept by the Minutes and Record's Department for the
Board's Official Record.
If you have any questions, please feel free to contact me at 252-8411.
Thank you
Attachment
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Grant - SHIP FY 2018-2019
Agreement#: SHIP RA 2019-01
Activity: Rental Acquisition
SPONSOR: Residential Options of
Florida,Inc. •
CSFA#: 52.901
DUNS#: 081166518
FEIN: 47-1232139
FISCAL YEAR: December 31st
MONITORING END: Annually
through June 2036
AGREEMENT BETWEEN COLLIER COUNTY
AND
RESIDENTIAL OPTIONS OF FLORIDA,INC.
THIS AGREEMENT is made and entered into this 25th day of June, 2019, 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 private not-for-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 percent 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, amended September 26, 2017,
amended October 10,2017,technical revision April 2018,and amended September 25,2018.
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 SPONSOR 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:
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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.
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 Acquisition,State Housing Initiatives Partnership Funding Cycle Fiscal Years 2018-2019
and SPONSOR's Application dated February 10, 2019.
III. GRANT AND SPECIAL 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 submitted by SPONSOR within sixty(60)
days of this agreement:
1. Affirmative Fair Housing Policy
2. Procurement Policy including Code of Conduct
3. Affirmative Action Policy
4. Conflict of Interest Policy
5. Equal Opportunity Policy
6. Sexual Harassment Policy
7. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
8. Fraud Policy
9. Tenant Waitlist Policy
10. Tenant Grievance Policy
11. Tenant Guidelines (Income)
12, Marketing Plan
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13. Property Maintenance Plan
14. Capital Needs Assessment Plan
IV. PERIOD OF PERFORMANCE
This Agreement shall be in effect from June 25, 2019 through June 30,2021, and all services
required hereunder shall be completed in accordance with the schedule set forth in Exhibit B
(Rental Acquisition Project Requirements).This agreement must remain in effect throughout the
development process of the Project and is terminated upon completion of acquisition and 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, 2021. 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 AND NO CENTS ($300,000.00).
The budget identified for the Project shall be as follows
Line Item Description SHIP Funds
Project Component One: Acquisition of rental $300,000.00
property. (Maximum is $300,000.00 per property.)
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 percent and does not signify a change in scope. Fund shifts that exceed 10 percent 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, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and State requirements. Contract administration shall be handled by the SPONSOR
and monitored by CHS, which shall have access to all records and documents related to the
project.
The COUNTY will secure the awarded amount with a note and mortgage. The Note will bear
interest at 0 percent interest per year and forgivable after 15 years if all SHIP terms and conditions
are met.
If the SPONSOR complies with the terms and conditions of this Agreement,the lien established
by the Mortgage shall expire as set forth in the Mortgage.
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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 COUNTY 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 percent mortgage and forgivable for the
acquisition at closing to the title company. The SPONSOR shall provide CHS closing disclosures
seven (7) days prior to closing and submit 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 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. Grants Coordinator
Collier County Government
Community and Human Services
3339 E Tamiami Trial, Suite 211
Naples, Florida 34112
Email to: lisa.carr@colliercountyfl.gov
Phone: 239-252-2339
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SPONSOR
ATTENTION: Sheryl Soukup, Executive Director
Residential Options of Florida, Inc.
3050 Horseshoe Drive, Suite 285
Naples, FL 34104
Email to: sheryl@flroof.org
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
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
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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.
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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
Al! 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 - $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
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
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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.
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 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
addition to the records retention outlined in Section VIII.B,the SPONSOR shall comply
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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
$750,000 in any fiscal year of such SPONSOR, the SPONSOR must have a State
single or project-specific audit for such fiscal year, in accordance with Section
215.97,Florida Statutes;applicable rules of the Executive Office of the Governor
and the Comptroller, and Chapter 10.650, Rules of the Auditor General.
In connection with these audit requirements, the SPONSOR shall ensure that the
audit complies with the requirements of Section 215.97(7),Florida Statutes. This
includes submission of a reporting package, as defined by Section 215.97(2)(d),
Florida Statutes,and Chapter 10.650, Rules of the Auditor General.The financial
reporting package must be delivered to the COUNTY within 45 days after
delivery of the financial reporting package to the SPONSOR but no later than 180
days after the SPONSOR's fiscal year end. Submit the financial reporting package
and Exhibit F to the Grant Coordinator.
If the SPONSOR expends less than $750,000 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
$750,000 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.
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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:
1. Initial non-compliance may result in Findings or Concerns being issued to the
entity and will require a corrective action plan be submitted to the Division within
15 days following the monitoring visit.
• Any pay requests that have been submitted to the Division for payment will be
held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity, as
needed, in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner
to the Division, the Division may require a portion of the awarded grant amount
be returned to the Division.
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• The Division may require upwards of five percent (5%) of the awarded amount
be returned to the Division, at the discretion of the CHS Director.
• The entity may be considered in violation of Resolution 2013-228.
3. if in the case an Entity continues to fail to correct the outstanding issue or repeats
an issue that was previously corrected and has been informed by the Division of
their substantial non-compliance, by certified mail; the Division may require a
portion of the awarded grant amount be returned to the Division.
• The Division may require upwards of ten percent (10%) of the awarded amount
be returned to the Division, at the discretion of the CHS Director.
• The entity will be considered in violation of Resolution 2013-228
4, if in the case after repeated notification the Entity continues to be substantially
non-compliant,the Division may recommend the contract or award be terminated.
• 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 via Neighborly software database (https://portal.neighborlysoftware.com/
colliercountyfi/participant) 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
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.
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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
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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 MINORITY/WOMEN 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-
SHIP Rental Acquisition 13
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one (51) percent owned and controlled by minority group members or women. For the purpose
of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish
surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The
SPONSOR may rely on written representations by businesses regarding their status as minority
and female business enterprises, in lieu of an independent investigation.
XVI. AFFIRMATIVE ACTION
The SPONSOR agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SPONSOR to assist in the formulation of such program.
Prior to the award of funds, the SPONSOR shall submit for approval, a plan for an Affirmative
Action Program.The Affirmative Action Program will need to be updated throughout the fifteen-
year affordability period and must be re-submitted to COUNTY within 30 days of each
update/modification.
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.
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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
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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
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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: fi , BOARD OF C• �` MISSIONERS OF
CRYST Ki KIWZ4 LERK COLWO. FLORI O
y.
P, ut Cleric WI IAM L. Mc DANIEL,JR.,
A';e,t as 10 CH IRMAN
•
. I�3ture otdy
Date: (PIas ) 1g
(aM RESIDENTIAL OPTIONS OF FLORIDA, INC.
Dated:
(SEAL)
By: 110.
SHE' YL SOUKUP, " ECUTIVE DIRECTOR
Date: 50iq
Approved as to form .nd legality:
I% 1 N
Jennifer A. Belpedio ` 11\a
Assistant County Attorney 9
Date: 6 a .S. I —1
!tem# ! 6 D 1 (
A�mda
Date 1v-\I—it
Gf
Date 6,/,11
Rec'd
Deputy Clerk
SHIP Rental Acquisition 17
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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, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in
connection with this contract, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
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/$1,000,000 aggregate providing for all sums which the SPONSOR and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SPONSOR or any person employed by the SPONSOR in connection
with this contract. This insurance shall be maintained for a period of two (2) years after the
certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide, or cause its
Subcontractors to provide,original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than
one hundred (100%)percent of the insurable value of the building(s) or structure(s), The
policy shall be in the name of Collier County and the SPONSOR.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the SPONSOR shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA)as having special flood hazards,flood insurance under
SHIP Rental Acquisition 1$
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
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.
10, Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee,
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone,for the full
replacement values of the structure(s)or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP).The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
RENTAL ACQUISITION PROJECT REQUIREMENTS
RENTAL ACQUISITION ONLY
The Project is to be developed as affordable residential rental housing in accordance with the
SHIP Program and the Collier County LHAP FY 2016-2019. 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, Mortgage, and
Land Use Restriction Agreement (LURA) of even date, a minimum of 1 unit in the Project shall be a
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 percent of the Area Median Income (AMI), as defined by the
Department of Housing and Urban Development (HUD) and Florida Housing Finance Corporation.
Rents on these units shall be restricted to the SHIP Program rent limits. Maximum eligible income and
rent limits are revised annually and are available from the COUNTY.
The SPONSOR covenants that all of the units will be rented to income-eligible tenants as defined
by the Department of Housing and Urban Development (HUD). Income Limits will be restrictive in
accordance to HUD income limits for a minimum affordability period of fifteen(15) years from the date
of tenant occupancy. All units carry rent and occupancy restrictions until June 30,2036,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 I
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 SI-IIP Program rent
limits.
This Agreement incorporates, by reference, terms and conditions described in the Mortgage,
Note and Land Use Restriction Agreement of even date and any other agreements enforcing the SHIP
requirements associated with said loan documents. The budget for the Project is estimated to be THREE
HUNDRED THOUSAND DOLLARS ($300,000) 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 June 30, 2020. Acquisition will progress in accordance with the deliverable
schedule submitted by the SPONSOR to obtain financing.
SHIP Rental Acquisition 2Q (�
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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, with a company acceptable to the County, insuring that the Mortgage
Loan Documents (as defined in the Note) constitute a valid 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 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 SPONSOR shall maintain complete and accurate income records
pertaining to each tenant occupying a SHIP-assisted unit. Onsite inspections will be conducted annually
upon reasonable prior written notice to verify compliance with tenant income, rents and the minimum
property standards as stated in Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida
Administrative Code, as they may be amended from time to time.
3) Restriction on Use: The SPONSOR is required to comply with all applicable program
requirements of the State Housing Initiatives Partnership (SHIP) Program, including but not limited to
Section 420.907-420.9079, Florida Statutes; and Rule 67-37, Florida Administrative Code. Any or all
of these regulations may, but are not required to, be specifically set forth in any additional loan
documents executed in connection with the Loan. The SPONSOR shall include such language as the
COUNTY may require in any agreements with prospective tenants of the Project,or any portion,thereof
to evidence such requirements.
4) Default of Mortgage: The Mortgage and Note 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) may 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.
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".
SHIP Rental Acquisition 21
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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 one(1)affordable rental housing
to extremely low, very-low and low-income families and individuals, in accordance
with the provisions of Section a) 1) of Exhibit B on or before June 30,2020;
h. The SPONSOR abandons, and/or ceases to use the Property as affordable rental
housing to tenants, without the prior written approval of the County.
5) Assurance of Public Purpose: The SPONSOR covenants that if the SPONSOR is unable
or unwilling to develop the property in accordance with the terms and conditions incorporated herein,
no lease, sale, or title transfer to any third party shall occur prior to giving the COUNTY, a 90 (Ninety)
day notification, during which time- the COUNTY shall have the right, solely at the COUNTY'S
discretion, to purchase or find another SPONSOR to purchase the Project, in order to carry out the
eligible activities of the SHIP Program, for an amount not to exceed the amount of funds provided by
the COUNTY through the Program.
6) Non-compliance includes, but is 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,
. 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
SHIP Rental Acquisition 22
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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 be expressly subordinate to the Mortgage and shall contain clauses,
among others, wherein each individual lessee:
A. Agrees that the household income, household composition, and other eligibility
requirements shall be deemed substantial and material obligations of the tenancy;that the
tenant will comply promptly with all requests for information with respect thereto from
the SPONSOR or the COUNTY,and that tenant's failure to provide accurate information
about household income or refusal to comply with a request for information with respect
thereto shall be deemed a violation of a substantial obligation of his/her tenancy; and
B. Agrees not to sublease to any person or family who does not meet income qualifications
as determined, verified, and certified by the SPONSOR; and
C. States that the rental unit is the primary residence of the tenant; and
D. Agrees that the lease shall be for a one-year period,unless other terms are mutually agreed
upon by the SPONSOR and tenant.
E. Documentation of request of special needs.
The SPONSOR will submit to the COUNTY, a copy of the tenant/owner lease agreement. Prior
to the signing by the tenant,the lease will be reviewed for compliance with 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 and to mitigate any findings identified
in an environmental assessment. The SPONSOR agrees that in the event 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 nor will the
project be completed later than June 30,2021
Further, "project completion date" will mean issuance of all certificates of occupancy and
completion of initial lease-up.
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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. The Project will
also meet the accessibility requirements at 24 CFR part 8, which implements Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and covered multifamily dwellings, as defined at 24 CFR
100.201, and the design and construction requirements at 24 CFR 100.205, which implement the Fair
Housing Act(42 U.S.C. 3601-3619), in the event property rehabilitated at any time during affordability
period.
In accordance with the Local Housing Assistance Plan, a SPONSOR shall follow each SHIP Program
strategy program requirements below:
11) Energy Efficient Best Practices: Section 420.9075(3)(d), F.S. defines Energy Efficient
Best Practices as: Innovative design, green building principles, storm resistant construction, or other
elements that reduce long term costs relating to maintenance, utilities,or insurance in the event property
rehabilitated at any time during affordability period.
Collier County requires the use or inclusion, when appropriate, of the following: energy star appliances:
low-E windows, additional insulation (for increased R-value), ceramic tile, tank-less water heater; 14
and 15 SEER air conditioning units, stucco, florescent light bulbs, and impact resistant windows and
doors.
12) Property Management. The COUNTY reserves the right to require the SPONSOR to
enter into a contract with a property management firm approved by the COUNTY, for professional
management services for the Property providing for leasing,collection of rents,maintenance, and repair
of Property, and other property management tasks as the COUNTY may require in the event the
SPONSOR is failing to meet tenant needs. Such contract shall stipulate that the contract will not be
amended or terminated without prior written consent of the COUNTY.
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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 favids are as follows.
Fiscal Year Rental Acquisition Total
2018-2019 $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 per property acquired.
2. Funds will be disbursed via wire transfer at the time of closing.
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EXHIBIT D
PROJECT DELIVERABLES
Report Title Documentation Required Due Date
Special Grant Policies See Section III, B Within 60 days of contract
execution.
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,prior to the
SPONSOR'S fiscal year until
full lease up for 15 years.
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 until full lease up for
15 years.
Progress Report Progress report, detailing 10 days after the end of the
accomplishments calendar quarter until June 30,
2021 and until full lease up for
15 years.
Tenant Lease Agreement Lease Submit prior to signing by first
tenant and any addendums or
changes thereafter until full
lease up for 15 years.
Operating Expense Report Actual vs. Budget, revenue and Initial report due after lease up
expense report and all and annually thereafter, prior to
supporting documentation, as the SPONSOR'S fiscal year
requested until full lease up for 15 years.
Operating Expense Budget Detailed Operating budget for Initial report due after lease up
Report the next fiscal year and annually thereafter, prior to
the SPONSOR'S fiscal year
until full lease up for 15 years.
Capital Needs Assessment Plan approved by the COUNTY Initial Plan due after lease up
and annually thereafter until
full lease up for 15 years.
Maintenance Plan Plan approved by the COUNTY At the time of acquisition and
annually thereafter until full
lease up for 15 years.
Register of Tenant Income and Summary of Tenant Income At time of full lease up and
Rent and Income Limit, Rent and annually thereafter until full
Rent Limit, by unit(Rent Roll) lease up for 15 years.
Maintenance Agreement Executed Agreement Initial lease up and annually
thereafter until full lease up for
15 years.
SHIP Rental Acquisition 26
16011
EXHIBIT"E"
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the I'of the
following quarterly month.
Status Report for the Quarter Ending: Submittal Date:
Project Name: Project Number:
SPONSOR:
Contact Person:
Telephone: Fax: E-mail:
PROPERTY UNIT DATA
Number of units under rehab this period
Number of units completed this period
Number of units completed to date
EXPENDITURE DATA
Amount of funds expended this period
Amount of funds expended to date
New Contracts executed this period
Name of Contractor Address Amount of Contract
Income Date
Client Income Category Income Amount
What events/actions are scheduled for the next month?
Identify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Date
Signature
SHIP Rental Acquisition 27
GQ`
16011
EXHIBIT F
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements(Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's 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 the guidelines established by
established by 2 CFR Part 200, Subpart F—Audit Requirements. 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 Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year 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 Single Audit as required by 2 CFR Part 200, Subpart F 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 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 report. 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
06/18
SHIP Rental Acquisition 28
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