Backup Documents 07/14/2020 Item #16D 9ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1609
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 Addressees (List in routing order)
Office
InI ' s
Date
1. Tom Calderon
CHS
7/14/20
2. Jennifer A. Belpedio
County Attorney Office
a
3. BCC Office
Board of County
Commissioners
4. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION '
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact infonmation is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Phone Number
Contact / Department
Tom Calderon
252-4220
Agenda Date Item was
7/14/20
Agenda Item Number
Approved by the BCC
16.D.9
Type of Document
Developer Agreement with HELP for
Number of Original
1 Amendment
Attached
acquisition of 2 permanently affordable
Documents Attached
document
units
PO number or account
number if document is to be
recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
aivropriate.
Initial
A licable
1.
Does the document require the chairman's original signature?STAMPED SIGNATURE Is ok
Aw
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
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
yes
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
N/A
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
No, as
Date also
document or the final negotiated contract date whichever is applicable.
documents
needs to be
are routed
written in
before
on the first
approval
page
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
yes
si nature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
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 7/14/20 and all changes made
N/A is not
during the meeting have been incorporated in the attached document. The County
an option for
Attorne 's Office has reviewed the changes, if applicable.
this lin
9.
Initials of attorney verifying that the attached document is the version approved by the
N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the
00�
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
1609
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Monday, July 20, 2020 9:56 AM
To: CalderonTomas
Subject: Item #16D9 (July 14, 2020 BCC Meeting)
Attachments: Backup Documents 07_14_2020 Item #16D 9.pdf
Hello again Tow►,
An executed copy of Item #16D9,
from the July 9.4, 2020 OCC Meeting
is attached for your records.
Thank you,
Ann Jenne, jeAn
6MR Senior Deputy Clerk
Clerk to the Value Adjustment Board
Office: 23 9 -252. -8406
Fax: 239-252-8408 (if applicable)
AvLyt.JeKvLeiokK@CoffierC(erk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tawuawu Trail, Suite *401
Naples, FL 34112-5324
www.CollierC(erk.com
1
Agreement#: LHTF20-01
Activity: Local Housing Trust Fund
Developer: Housing Development
Corporation of SW Florida d/b/a HELP
CSFA #: NA
Total Award Amount: $160,000
DUNS #: 830181330
FEIN: 38-3695928
FISCAL YEAR: 2020-2021
MONITORING END: 12/2051
AGREEMENT BETWEEN COLLIER COUNTY
AND
HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. d/b/a HELP
Local Housing Trust Fund (LHTF) Program
f1h
THIS AGREEMENT is made and entered into this y day of 2020, by and
between Collier County, a political subdivision of the State of Florida, (COUNTY or Grante having its principal
address as 3339 E. Tamiami Trail, Suite 211, Naples FL 34112, and Housing Development Corporation of SW
Florida, Inc. d/b/a HELP (DEVELOPER), a private not -for -profit corporation existing under the laws of the
State of Florida, having its principal office 3200 Bailey Lane, Suite 109, Naples, F134105
WHEREAS, on April 24, 2018 the Board of County Commissioners (Board) adopted Resolution No.
2018-82 declaring a valid public purpose for establishing a new Local Housing Trust Fund (LHTF) and providing
general guidelines for its use of monies; and
WHEREAS, the COUNTY and the DEVELOPER desire to provide Land Trust Activity in accordance
with this Agreement and the Local Housing Trust Fund; and
WHEREAS, the COUNTY desires to engage the DEVELOPER 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:
PART I
SCOPE OF WORK
The DEVELOPER shall, in a satisfactory and proper manner and consistent with any standards required as a
condition of providing Local Housing Trust Fund (LHTF) funds, as determined by Collier County Community
and Human Services (CHS), perform the tasks necessary to conduct the project as follows:
Project Name: LHTF — Land Trust Unit Acquisition
Description of Project and Outcome: DEVELOPER will serve as the management organization for the
Collier County Community Land Trust (CLT). The project consists of acquiring, leasing, and managing
two housing units on two CLT leased properties to be placed under a 99-year renewable lease.
Project Component One: Acquire two housing units.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 1
1609
Project Component Two: Project delivery
A. Project Tasks:
1. Establish rental rates for the two units.
2. Identify income qualified tenants for the units. One household not to exceed 120 percent
AMI and the other household not to exceed 140 percent AMI.
3. Secure Lease Agreements for both units.
B. Documentation Requirements Compliance Criteria:
Activities carried out with funds under this Agreement will be performed in compliance with
COUNTY rules and regulations.
1.1 DEFINITIONS AND PURPOSE
A. DEFINITIONS
Terms shall be defined in the Collier County Land Development Code (LDC) and any amendments
thereto.
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the DEVELOPER
will implement the Scope of Service summarized in Section 1.2 and Exhibit B of this Agreement.
1.2 SCOPE OF SERVICE
The DEVELOPER 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 and C (Project Requirements and Budget Narrative), in accordance with the terms and
conditions of the LHTF application process of January 3, 2020.
1.3 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the DEVELOPER must deliver
to CHS for approval a detailed project schedule for the completion of the project.
B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement:
® Affirmative Fair Housing Policy
® Affirmative Action/Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
® Procedures for compliance with requirements set forth in Section 504 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
® Limited English Proficiency Policy (LEP)
® Violence Against Women Act (VAWA) Policy
® Tenant Waitlist Policy
® Tenant Grievance Policy
Housing Development Corporation of SW Florida, Inc. a�
d/b/a HELP Q
LHTF 20-01
Page 2
® Tenant Guidelines (Income)
® Marketing Plan
® Property Maintenance Plan
® Capital Needs Assessment Plan
C. Annual DEVELOPER Training
16091
All DEVELOPER staff assigned to the administration and implementation of the Project established
by this Agreement shall attend the CHS Annual DEVELOPER Fair Housing training. In addition, at
least one staff member shall attend all other CHS-offered DEVELOPER training, relevant to the
Project, as determined by the Grant Coordinator, not to exceed four (4) sessions.
D. Special Conditions
The Housing Development Corporation of SW Florida, Inc., d/b/a HELP (HELP) is the incorporator
and currently serves as the managing entity of the Collier County Community Land Trust, Inc.
(CCCLT). CCCLT will assume long term compliance and monitoring aspects of this Agreement.
1.4 PROJECT DETAILS
A. Project Description/Budget
Description
Amount
Project Component 1:
Acquire 2 rental units through a land lease
agreement
$150,000.00
Project Component 2:
Project Delivery
$10 000.00
Total Funds
$160 000.00
Total reimbursement may not exceed the Total Funds. Project Delivery is payable at initial lease -up at
a reimbursement rate of $5,000 per unit.
The DEVELOPER will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the COUNTY, as requested, tenant income certification
documentation, retained at DEVELOPER location
® Provide Quarterly Reports on project progress
® Annual Report including Rent Rolls
® Attendance by a representative from executive management at quarterly partnership
meetings is required, as requested by CHS
® Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
® Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Ensure units are Section 504/ADA accessible
B. Program Components/Eligible Activities
All services/activities funded must meet the program components, as detailed in Exhibit B.
Housing Development Corporation of SW Florida, Inc. y
d/b/a HELP O
LHTF 20-01
Page 3
1609
C. Performance Deliverables
Program Deliverable
Supporting Documentation
Submission Schedule
Special Grant Policies
Policies as stated in this
Within 60 days of Agreement
Section 1.3 B
Agreement
execution
Liability Insurance — As
Proof of coverage in
At time of Agreement
required
accordance with Exhibit A
execution and annually within
30 days after renewal
Property, Flood, and O&D
Proof of coverage
At time of Lease to HELP and
Insurance
annually within 30 days after
renewal
Detailed Project Schedule
Project Schedule
Within 60 days of Agreement
Section 1.3 A
execution
Progress Report
Progress report, detailing
Quarterly 10 days after the end
accomplishments Exhibit E
of the calendar quarter until
Month both units are leased
and once annually on October 1
thereafter through 2051
DEVELOPER Audit
Audit report, Management
Within 9 months for Single
Letter, and Exhibit F
Audit (otherwise 180 days)
after the end of the
DEVELOPER fiscal year
beginning in 2020 and every
two years thereafter on through
2051
Tenant Lease Agreement
Lease approved by CHS
Submit prior to signing by first
tenant and prior to use after
lease revision. All subsequent
leases to be maintained by
DEVELOPER.
Operating Expense Report
Actual vs. Budget, revenue and
30 days after the end of the
expense report and all
DEVELOPER'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
start of DEVELOPER's fiscal
year, until 2051
Capital Needs Assessment
Plan approved by the
Initial Plan due after ease -up
COUNTY
and annually thereafter, prior to
start of DEVELOPER's fiscal
year, until 2051
Maintenance Plan
Plan approved by the
Once installation of homes
COUNTY
completed, with annual
submission of revised plan
Register of Tenant Income
Summary of Tenant Income
At time of full lease up and
and Rent
and Income Limit, Rent and
annually thereafter, at the end
Rent Limit, by unit
of the DEVELOPER's fiscal
year, until 2051
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 4
1609
Program Deliverable
Supporting Documentation
Submission Schedule
Maintenance Agreement
Executed 3`d party Agreement
Initial lease -up and annually
thereafter throughout the
affordability period, if
applicable, until 2051
D. Payment Deliverables
Payment Deliverable
Payment Supporting
Documentation
Submission Schedule
Project Component 1:
Exhibit D along with invoice, proof
At time of land lease
Acquisition of 2 rental units and
of payment and lease agreement
agreement and unit
99- ear land lease management
ac uisition.
Project Component 2: Project
Exhibit D along with invoice and
$5,000 per unit at time
Delivery
proof of lease -up and any other
of lease -up
documents requested.
1.5 PERIOD OF PERFORMANCE
DEVELOPER services shall begin on October 1, 2020 and end on September 30, 2021. This Agreement
must remain in effect throughout the development process of the Project and is terminated upon
completion of acquisition, construction, installation, completion, and initial lease up of both units, The
DEVELOPER is responsible for ongoing reporting, subject to onsite monitoring, tenant income
qualification activities, and continued use for an affordability period of 30 years. In any event, all services
required hereunder shall be completed by the DEVELOPER prior to September 30, 2021. Any funds not
obligated by the expiration date of this Agreement shall automatically revert to the COUNTY.
1.6 AGREEMENT AMOUNT
The COUNTY agrees to make available One Hundred and Sixty Thousand ($160,000) for use by the
DEVELOPER during the term of the Agreement (hereinafter, shall be referred to as the "Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY.
All services/activities specified in Part 1 Scope of Services shall be performed by DEVELOPER or its
subcontractors that meet COUNTY requirements. Contract administration shall be handled by the
DEVELOPER and monitored by CHS, which shall have access to all records and documents related to
the project.
The COUNTY shall reimburse the DEVELOPER for the performance of this Agreement upon completion
or partial completion of the work tasks, as accepted and approved by CHS. DEVELOPER may not request
disbursement of funds until funds are needed for eligible costs, and all disbursement requests must be
limited to the amount needed at the time of the request. Invoices for work performed are required every
month. DEVELOPER may expend funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. If no work has been performed during that month, or if the
DEVELOPER is not yet prepared to send the required backup, a $0 invoice is required. Explanations
may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the
DEVELOPER when requested as work progresses, but not more frequently than once per
month. Reimbursement will not occur if DEVELOPER fails to perform the minimum level of service
required by this Agreement.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 5
1609
Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the
term of the program but not invoiced within 90 days after the end of the Agreement may not be processed
without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180 days
after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the
DEVELOPER.
No reimbursement will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, payment
will be made upon receipt of a properly completed invoice in compliance with Section 218.70, Part VII,
Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.7 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: Tom Calderon, Grant Coordinator
Collier County Government
Community and Human Services
3339 E. Tamiami Trail, Suite 211
Naples, FL 34112
Email to: tomas.calderon@colliercountyfl.gov
Telephone: 239-252-2339
DEVELOPER ATTENTION: Michael Puchalla, Executive Director
Housing Development Corporation of SW Florida, Inc. d/b/a
HELP
3200 Bailey Lane Ste 109
Naples, FL 34105
Email to: michael@collierhousing.com
Telephone: 23 9-430-23 87
Remainder of Page Intentionally Left Blank
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 6
1609
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that the DEVELOPER
expends a total amount of funds equal to or in excess of $750,000 in any fiscal year of such DEVELOPER,
it 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 DEVELOPER 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 DEVELOPER, but no later than 180 days after the DEVELOPER's
fiscal year end. DEVELOPER shall submit the financial reporting package and Exhibit F to the Grant
Coordinator.
If the DEVELOPER expends less than $750,000 in awards in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the DEVELOPER
expends less than $750,000 in 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 -award funds.
2.2 RECORDS AND DOCUMENTATION
The DEVELOPER shall maintain sufficient records in accordance with the program regulations of the
funding source, as provided in Exhibit B, to determine compliance with the requirements of this
Agreement, and all other applicable laws and regulations. This documentation shall include, but is not
limited to, the following:
A. DEVELOPER shall keep and maintain public records that ordinarily and necessarily would be
required by COUNTY in order to perform the service.
B. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures
developed, prepared, assembled, or completed by the DEVELOPER for this Agreement shall be made
available to the COUNTY, by the DEVELOPER, at any time, upon request by the COUNTY or CHS.
Materials identified in the previous sentence shall be in accordance with generally accepted
accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect
labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature
for which reimbursement is claimed under the provisions of this Agreement.
C. Upon completion of all work contemplated under this Agreement, copies of all documents and records
relating to this Agreement shall be surrendered to CHS, if requested. In any event, DEVELOPER
shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and
secured location for five (5) years after the date of submission of the annual performance and
evaluation report, with the following exception: if any litigation, claim, or audit is started before the
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP G
LHTF 20-01
Page 7
1609
expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or
audit findings involving these records are resolved. If the DEVELOPER ceases to exist after the
closeout of this Agreement, it will notify the COUNTY, in writing, of the address where the records
are to be kept. The DEVELOPER shall meet all requirements for retaining public records and transfer,
at no cost to COUNTY, all public records in possession of the DEVELOPER upon termination of the
Agreement and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be provided to the
COUNTY in a format that is compatible with the COUNTY's information technology systems.
IF THE DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE DEVELOPER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(2colliercouno.gou, 3299 Tamiami Trail E, Naples FL 34112.
D. DEVELOPER is responsible for the creation and maintenance of income eligible files on clients
served and documentation that all households are eligible under LHTF income guidelines. Income
certification documentation will be validated at interim and closeout monitoring. The DEVELOPER
agrees that CHS shall be the final arbiter on the DEVELOPER's compliance.
E. DEVELOPER shall document how the Program components, the applicable regulations included in
Exhibit B, and the eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate determinations, as defined
in Exhibit B, including income certification, and written agreements with beneficiaries, where
applicable.
F. DEVELOPER shall provide the public with access to public records on the same terms and conditions
that the COUNTY would provide the records and at a cost that does not exceed the costs provided in
Chapter 119, Florida Statutes or as otherwise provided by law. DEVELOPER shall ensure that public
records, which are exempt or confidential and exempt from public records disclosure requirements,
are not disclosed except as authorized by Chapter 119, Florida Statutes.
2.3 MONITORING
During the term of this Agreement, DEVELOPER shall submit an annual audit monitoring report (Exhibit
F) to the COUNTY no later than nine (9) months for a Single Audit (or 180 days for Developers exempt
from Single Audit), after the DEVELOPER's fiscal year end. The COUNTY will conduct an annual
financial and programmatic review.
DEVELOPER agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and
evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop 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 DEVELOPER shall, upon request, submit information and status
reports required by CHS, to enable it to evaluate said progress and allow for completion of required
reports. The DEVELOPER shall allow CHS to monitor the DEVELOPER on site. Such site visits may be
scheduled or unscheduled, as determined by CHS.
The COUNTY will monitor the DEVELOPER's performance to mitigate fraud, waste, abuse, or non -
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 8
1609
performance based on goals and performance standards, as stated with all other applicable 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 DEVELOPER within a reasonable time period after being notified by the COUNTY,
Agreement suspension or termination procedures will be initiated. DEVELOPER agrees to provide the
COUNTY or COUNTY's internal auditor(s) access to all records related to performance of activities in
this Agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
DEVELOPER shall establish, maintain, and utilize internal systems and procedures sufficient to prevent,
detect, and correct incidents of waste, fraud, and abuse in the performance of this Agreement, and to
provide for the proper and effective management of all Program and Fiscal activities of the Agreement.
DEVELOPER's internal control systems and all transactions and other significant events shall be clearly
documented and shall be readily available for monitoring by COUNTY.
DEVELOPER shall provide COUNTY with complete access to all its records, employees, and agents for
the purpose of monitoring or investigating the performance of the Agreement. DEVELOPER shall fully
cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse.
DEVELOPER may not discriminate against any employee or other person who reports to the COUNTY,
or any appropriate law enforcement authority, a violation of the terms of this Agreement or any law or
regulation, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from
CHS. CHS's policy for escalation for noncompliance is as follows:
A. Initial noncompliance may result in Findings or Concerns being issued to the DEVELOPER, which
will require a corrective action plan to be submitted to CHS within 15 days following issuance of the
report.
• Any pay requests that have been submitted to CHS for payment will be held until the
corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the DEVELOPER, as needed,
in order to correct the noncompliance issue.
B. If the DEVELOPER fails to submit the corrective action plan in a timely manner, CHS may require
a portion of the awarded funding be returned to the COUNTY.
• The COUNTY may require upwards of 5 percent (5%) of the award amount be returned to
the COUNTY, at the discretion of the Board.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 9
• The DEVELOPER may be denied future consideration as set forth in Resolution No. 2013-
228
C. If DEVELOPER continues to fail to correct the outstanding issue or repeats an issue that was
previously corrected, and has been informed by CHS of their substantial noncompliance by certified
mail, CHS may require a portion of the awarded grant amount or the amount of the investment for
acquisition of the properties conveyed, be returned to the COUNTY.
CHS may require upwards of 10 percent (10%) of the award amount be returned to the
COUNTY, at the discretion of the Board.
• The DEVELOPER will be in violation of Resolution No. 2013-228
D. If after repeated notification, the DEVELOPER continues to be substantially noncompliant, CHS may
recommend the Agreement or award be terminated.
CHS will make a recommendation to the Board to immediately terminate the Agreement. The
DEVELOPER will be required to repay all funds disbursed by the COUNTY for the project
that was terminated. This includes the amount invested by the COUNTY for the initial
acquisition of the properties or other activities.
0 The DEVELOPER will be in violation of Resolution No. 2013-228
If the DEVELOPER has multiple agreements with CHS and is found to be noncompliant, the above
sanctions may be imposed across all awards at the Board's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as
deemed necessary by the County Manager or designee.
During the term of this Agreement, DEVELOPER shall submit quarterly progress reports to the COUNTY
on the 1 Oth day of January, April, July, and October, respectively, for the prior quarter period end. As part
of the report submitted in October or when final services are delivered, whichever is earlier, the
DEVELOPER also agrees to include a comprehensive final report covering the agreed -upon Program
objectives, activities, and expenditures, including but not limited to, performance data on client feedback
with respect to the goals and objectives set forth in Exhibit E, which contains a sample reporting form, to
be used in fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee in the event of Program changes, the need for additional information or
documentation arises, and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for default
and termination of this Agreement.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 10
1609
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
Unless otherwise outlined in this Agreement, no part of this Agreement may be assigned or subcontracted
without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's
sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The DEVELOPER agrees to comply with all applicable LHTF, state, and local laws, regulations, and
policies governing the funds provided under this Agreement. The DEVELOPER agrees to utilize funds
available under this Agreement to supplement, rather than supplant, funds otherwise available for LHTF
Rental Development.
3.3 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 DEVELOPER 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
DEVELOPER is an independent contractor.
3.4 AMENDMENTS
The COUNTY or DEVELOPER 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 COUNTY'S governing body. Such amendments
shall not invalidate this Agreement, nor relieve or release the COUNTY or DEVELOPER from its
obligations under this Agreement.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local
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 COUNTY
and DEVELOPER.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from Collier County and must be implemented in full
compliance with all County rules and regulations. In the event of curtailment or non -production of said
COUNTY funds, the financial sources necessary to continue to pay the DEVELOPER all or any portion
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 it is determined by the County Manager or designee, in his or
her sole discretion and judgment, that the funds are no longer available. In the event of such termination,
the DEVELOPER 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
DEVELOPER under the terms of this Agreement.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
TO
Page I 1
3.6 DEFAULTS, REMEDIES, AND TERMINATION
This Agreement may also be terminated for convenience by either the COUNTY or the DEVELOPER,
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 DEVELOPER 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, or guidelines, policies, or directives as may become applicable at any
time
B. Failure, for any reason, to fulfill in a timely and proper manner, its obligations under this Agreement
C. Ineffective or improper use of funds provided under this Agreement
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect
E. Submission of any false certification by DEVELOPER
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
DEVELOPER relating to the Project
In the event of any default by the DEVELOPER under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in, professional property management
C. Require immediate repayment by the DEVELOPER to the COUNTY of all funds the DEVELOPER
has received under this Agreement
D. Apply sanctions, if determined by the COUNTY to be applicable
E. Stop all payments, until identified deficiencies are corrected
F. Terminate this Agreement by giving written notice to the DEVELOPER of such termination and
specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as
provided herein, the DEVELOPER shall have no claim of payment or claim of benefit for any
incomplete project activities undertaken under this Agreement.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 12
0
1609
3.7 INDEMNIFICATION
To the maximum extent permitted by Florida law, the DEVELOPER 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 DEVELOPER 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 DEVELOPER 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
DEVELOPER 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 thereon. 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. This section shall survive the expiration or termination
of this Agreement.
3.8 COUNTY RECOGNITION
The DEVELOPER 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 DEVELOPER for, on behalf of, and/or about the Program
shall include the statement:
"FUNDING FOR THIS PROJECT IS PROVIDED BY COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS"
and shall appear in the same size letters or type as the name of the DEVELOPER. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing
Opportunity to the general public.
3.9 INSURANCE
DEVELOPER shall not commence any work and/or services pursuant to this Agreement until all required
insurance, as outlined in Exhibit A, has been obtained. Said insurance shall be carried, at all times during
DEVELOPER's performance under the Agreement. The DEVELOPER 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.
3.10 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 the Collier
County Purchasing Policy. Collier County Ordinance #2017-08 allows for contracting with non -profits
through the approved exemption.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 13 �
1609
PurchasingThreshold Policy
Dollar Range $
Competition Required
$0 - $3,000
1 Single Quote with Documentation
$3,001 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation 1T13, RPF, RF , etc.
All improvements specified in Part I Scope of Work, shall be performed by DEVELOPER employees, or
shall be put out to competitive bidding, under a procedure acceptable to the COUNTY. The DEVELOPER
shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall
be handled by the DEVELOPER and monitored by CHS, which shall have access to all records and
documents related to the Project.
As defined in Section 287.133, Florida Statutes by entering into this Agreement or performing any work
in furtherance hereof, the DEVELOPER 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.
3.11 DEBARMENT
The DEVELOPER certifies that no officer or agent of the DEVELOPER has been debarred from bidding,
proposing, or contracting for federal, state, or local government programs. The DEVELOPER assures that
all its subcontractors who will participate in activities, which are subject to this Agreement, are eligible
and have not been debarred.
3.12 GRANT CLOSEOUT PROCEDURES
The DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not 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), closeout monitoring, and determining the
custodianship of records. 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 DEVELOPER is entitled
under the terms and conditions of this Agreement must be refunded to the COUNTY. The DEVELOPER
shall also produce records and information that comply with Section 215.97, Florida Single Audit Act.
3.13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER agrees that no person shall, based on 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 DEVELOPER in performance of this Agreement.
Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement. The DEVELOPER 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
DEVELOPER agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities
for training and employment; and to the greatest extent feasible eligible business concerns located in or
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01 O
Page 14 tom,)
1609
owned in substantial part by persons residing in the project areas shall be awarded contracts in connection
with the project. The DEVELOPER is encouraged to comply with Section 3 of the Housing and
Community Development Act of 1968.
3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS
ENTERPRISES
The DEVELOPER 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 Agreement. As used in this Agreement, 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 purposes of this definition, "minority group
members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans,
Asian -Americans, and American Indians. The DEVELOPER may rely on written representations by
businesses regarding their status as minority and women business enterprises, in lieu of an independent
investigation.
3.15 PROGRAM BENEFICIARIES
As defined by LHTF income guidelines, 100 percent of the beneficiaries receiving funding through this
Agreement must meet the requirement to be at or below 140 percent of the Area Median Income (AMI),
as established by HUD. Additionally, the program requires the DEVELOPER to meet specific income
set -asides, which are described in Exhibit B. Income eligibility of tenants will be validated with supporting
documentation during interim monitoring and at closeout.
3.16 AFFIRMATIVE ACTION PLAN
The DEVELOPER agrees that it is committed to carry out an Affirmative Action Program, pursuant to
the COUNTY's specifications, 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
DEVELOPER to assist in the formulation of such program. The DEVELOPER shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action Plan is
updated during the period of performance of this Agreement, the updated plan must be submitted to the
COUNTY within 30 days of any update/modification.
3.17 PROHIBITED ACTIVITY
The DEVELOPER, or personnel employed in the administration of the program, are prohibited from using
funds provided herein, for political activities, sectarian or religious activities, lobbying, political
patronage, and/or nepotism activities.
3.18 CONFLICT OF INTEREST
The DEVELOPER 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 DEVELOPER. The DEVELOPER covenants that it will comply with all provisions
of "Conflict of Interest," per FL Statute 287.057 and any additional State and County statutes, regulations,
ordinances, or resolutions governing conflicts of interest.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 15 d
v
1609
The DEVELOPER 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 DEVELOPER. The COUNTY may review the proposed contract
to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest
contract will be at the COUNTY's sole discretion. This provision is not intended to limit DEVELOPER's
ability to self -manage the Project using its own employees.
Any possible conflict of interest on the part of the DEVELOPER, its employees, or its contractors 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 and participation of low and moderate income residents of the project target
areas.
3.19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
Collier County funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set forth in Florida Statue, Chapter 196.011. The
DEVELOPER shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on religion and will
not limit employment or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services based on religion and will not
limit such services or give preference to persons based on 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 it
does not use direct County 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, Collier County 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 Collier County
funds in this part. Sanctuaries, chapels, or other rooms that a Collier County funded religious
congregation uses as its principal place of worship, however, are ineligible for Collier County
funded improvements.
3.20 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the DEVELOPER 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.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 16
1609
3.21 ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to and may be enforced by the COUNTY for the
duration of the Agreement. The DEVELOPER 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.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination
shall not affect the validity or enforceability of any other section or part thereof.
3.23 COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright or patent materials, the DEVELOPER may
copyright or patent such, but Collier County reserves a royalty -free, nonexclusive, and irrevocable license
to reproduce, publish, or otherwise use such materials and to authorize others to do so.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Signature Page to Follow
Page 17
1609
IN WITNESS WHEREOF, the DEVELOPER and COUNTY, have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Flerk
At
Dated;.
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorne
Date: 1 1 t-A `2 O a o
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
BOARD OF COUNTY COMMISSIONERS OF
COLLIER CgVNTY, FLORID
By: ,
B T L. SAUNDERS, CHAIRMAN
Date: N
HOUSING DEVELOPMENT CORPORATION OF
SW FLORIDA d/b/a HELP
By:A"(--\) � �'�
MICHAEL PU HALLA, EXECUTIVE
DIRECTOR
Date: `?0 20
Item # I��
Agenda .1,�. t'
Date
Date L
Read
Page 18
1609
EXHIBIT A
INSURANCE REQUIREMENTS
The DEVELOPER 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.
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 DEVELOPER or the licensed design professional
employed by the DEVELOPER, in an amount not less than $1,000,000 per occurrence/$1,000,000
aggregate providing for all sums which the DEVELOPER and/or the design professional shall become
legally obligated to pay as damages for claims arising out of the services performed by the DEVELOPER
or any person employed by the DEVELOPER 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 DEVELOPER 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 DEVELOPER.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the
DEVELOPER 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 the National Flood
Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
OPERATIONIMANAGEMENT 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:
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 19
1609
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.LM.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.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
0
Page 20
1609
EXHIBIT B
PROJECT REQUIREMENTS
The Project will be developed as affordable rental housing units in accordance with the Collier County Local
Housing Trust Fund for long term affordability. The DEVELOPER shall perform the following activity under this
Agreement:
1. Affordable Rental Units:
Unit one is anticipated to be completed and ready for occupancy by December 31, 2020. An income
qualified tenant will be identified after receiving the Certificate of Occupancy (CO). Unit two is
anticipated to be completed for occupancy by July 1, 2021. An income qualified tenant will be identified
after receiving the Certificate of Occupancy (CO).
All LHFT-Assisted units in the Project shall be rented or held available for rent on a continuous basis to
persons or families who, at the commencement of occupancy, shall have a verified annual income that
does not exceed 140 percent of the Area Median Income (AMI), as defined by the Department of Housing
and Urban Development (HUD) rent limits. Maximum eligible income and rent limits are revised annually
and are available from the COUNTY.
The DEVELOPER covenants that all the units will be rented to income -eligible tenants as defined by
HUD. Income Limits will be restricted in accordance with HUD income limits, for a minimum
affordability period of thirty (30) years, from the date of initial tenant occupancy. All units carry rent and
occupancy restrictions until September 30, 2051, which remain in force. LHFT-Assisted units shall be
reserved for and rented to households that qualify for the following:
LHFT-Assisted Units According to Income Limits
Income Limits
Number of LHFT-
Assisted Units
Very Low 50% AMI
0
Low 80% AMI or lower
0
Moderate 120% AMI or lower
I
GAP 140% AMI or lower
1
Total of Units Minimum
2
A household's income will be determined by the most recent filed tax return for each person listed on
each executed lease agreement.
Household income will be re -certified yearly upon lease renewal. Existing tenants whose income
increases above allowed levels will be given an 11-month period to vacate the unit, unless
household circumstances change, and the household income drops below the allowed income
limit. Subsequent tenants must be income certified to meet project requirements
The budget for this Project is ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000) and is
provided by the COUNTY. The Project will commence and be completed as defined and set forth in the
affordable housing development schedule incorporated by reference.
1. Compliance: The DEVELOPER shall determine and verify the income eligibility of tenants for
the Project. Income shall be determined by the income listed on the most recent Federal Tax
Returns 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 household's income cannot exceed the limits set forth by HUD. The DEVELOPER shall
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 21
1609
maintain complete and accurate income records pertaining to each tenant occupying a unit. Onsite
inspections will be conducted annually, upon reasonable prior written notice, to verify compliance
with tenant income, rents, and the minimum property standards.
2. Project Requirements: The DEVELOPER agrees not to 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 DEVELOPER agrees that if the Project is located in a
Designated Flood Zone, all government requirements for construction in a flood zone shall be
satisfied.
3. Property Standards: The DEVELOPER attests that the Project will meet the standards of all
applicable local codes, standards, ordinances, and zoning ordinances at the time of project
completion and throughout the duration of the affordability period.
Energy Efficient Best Practices: Section 420.9075(3)(d), Florida Statutes 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 the property is rehabilitated at any time during affordability period.
The COUNTY requires the use or inclusion, when appropriate, of energy star appliances, low-E
windows, additional insulation (for increased R-value), ceramic tile, tankless water heater, 14 and
15 SEER air conditioning units, stucco, florescent light bulbs, and impact resistant windows and
doors.
4. Property Management. If applicable, the COUNTY reserves the right to require the
DEVELOPER to enter into a contract with a property management firm approved by the
COUNTY, for professional management services 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 DEVELOPER 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.
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 DEVELOPER shall
comply with the provisions of the Florida Landlord Tenant Act defined in Chapter 83 Part II of
the Florida Statutes 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
DEVELOPER 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.
b. Agrees not to sublease to any person or family who does not meet income qualifications as
determined, verified, and certified by the DEVELOPER.
C. States that the rental unit is the tenant's primary residence.
d. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed
upon by the DEVELOPER and tenant.
e. Provides documentation of request for special needs.
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Page 22
1609
EXHIBIT C
BUDGET NARRATIVE
The total LHTF allocation to the DEVELOPER shall not exceed ONE HUNDRED SIXTY THOUSAND
DOLLARS ($160,000)
Sources for these funds are as follows:
LHTF FUNDS
Total
Acquisition and Lease -up
of Property
$150,000
$150,000
Project Delivery
$10,000
$10,000
Total Funds
$160,000
$160,000
Total reimbursements may not exceed the Total Funds. Project Delivery is payable at initial lease -up at a
reimbursement rate of $5,000 per unit.
Housing Development Corporation of SW Florida, Inc. �6J
d/b/a HELP
LHTF 20-01
Page 23
1609
EXHIBIT D
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
DEVELOPER Name:
DEVELOPER Address:
Project Name:
Project No: _ Payment Request #
Total Payment Minus Retainage
Period of Availability: _ through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FTTNnS
DEVELOPER
CHS Adjustments
1. Grant Amount Awarded
$
$
2. Total Amount of Previous Requests
$
$
3. Amount of Today's Request (Net of Retainage, if
applicable)
$
$
4. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
$
$
I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement
between the COUNTY and us as the DEVELOPER. To the best of my knowledge and belief, all grant
requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor (Approval required $15,000 and
above)
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
Date
Authorizing Grant Accountant
Division Director (Approval Required
$15,000 and above)
®6J
Page 24
9 , J
EXHIBIT E
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the 10`" of the month
following the prior quarter end.
Quarter Ending:
Submittal Date:
Project Name:
Project Number:
DEVELOPER:
Contact Person:
Telephone: Fax: Email:
PROPERTY UNIT DATA
Number of units acquired 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
Housing Development Corporation of SW Florida, Inc. d
d/b/a HELP
LHTF 20-01
Page 25
16109
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.
Developer
Name
First Date of Fiscal Year MM/DD
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended during
Total State Financial Assistance Expended during most
most recently completed Fiscal Year
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
Housing Development Corporation of SW Florida, Inc.
d/b/a HELP
LHTF 20-01
06/18
a
O
Page 26