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Agenda 10/27/2020 Item #16D18 (SHIP Agreement Amendments)
10/27/2020 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign two (2) State Housing Initiatives Partnership program agreement amendments between Collier County and (a) Habitat for Humanity of Collier County, Inc. and (b) Rural Neighborhoods Incorporated to increase funding, incorporate additional Local Housing Assistance Plan language and extend the performance period. CONSIDERATIONS: The William E. Sadowski Affordable Housing Act provides additional funding to local communities to promote and advance affordable housing initiatives. Funds are generated through documentary stamp tax on real estate transactions. Under the State Housing Initiatives Partnership (SHIP) program, Collier County and the City of Naples receive funds from the State of Florida through the Florida Housing Finance Corporation (FHFC) to undertake eligible activities. On April 23, 2019, Agenda Item #16D1, Resolution No. 2019-109, the Board of County Commissioners (Board) approved the 2019-2022 Local Housing Assistance Plan (LHAP). The LHAP identifies and governs various strategies by which funds will be allocated and disbursed in the community. On October 23, 2018, Agenda Item #16D6, the Board approved an agreement with Habitat for Humanity of Collier County, Inc. (Habitat) to administer SHIP New Construction Assistance program strategy. The strategy allows the County to use SHIP funds towards the construction of new affordable housing for very -low, low-, and moderate -income eligible households. The Sponsor receives construction support and is required to enter into a secured mortgage and note in favor of Collier County, per completed housing unit upon receipt of a Certificate of Occupancy. The Sponsor in turn shall sell each housing unit to a Collier County New Construction Assistance applicant. Upon sale, a Satisfaction of Mortgage is recorded in public records. The new homeowner then signs a new mortgage and note in favor of Collier County for a period of fifteen (15) years in the amount of assistance provided. Currently, under Habitat's existing agreement they have assisted eight (8) families with the purchase of a new home. Community and Human Services (CHS) staff advertised a grant application cycle on January 3, 2020 through February 11, 2020. CHS received an application in response to the grant application advertisement from Habitat to expand the New Construction Assistance program. On March 5, 2020, the Review and Ranking Committee interviewed the applicants and recommended additional funding. Rather than enter into a new agreement, the existing agreement is recommended for the amendment to incorporate the additional funding. Habitat First Amendment will: 1. Increase the contract amount by incorporating SHIP FY2019-2020 funding in the amount of $950,000 for a total contract amount of $1,350,000. 2. Add program set -a -side requiring thirty percent (30%) of funding to be expended on very low and up to thirty percent (30%) of funding to be expended on low-income households. In addition, twenty percent (20%) of funding must be expended on households with Special Needs as defined in FL Statute 42004. 3. Revise the list of required documents to support proof of reimbursement. 4. Formally amend the period of performance to terminate on June 30, 2022, following the extension of the expenditure deadline to December 27, 2020, pursuant to the County Manager's approved extension letter dated June 10, 2020. On June 27, 2017, Agenda Item #16D11, the Board approved the Agreement with Rural Neighborhoods Incorporated for the Owner -Occupied Rehabilitation strategy. The First Amendment was approved on Packet Pg. 1490 10/27/2020 August 14, 2018, Agenda Item #16D2 by the County Manager and ratified by the Board on September 11, 2018, Agenda Item #16F1C. The amendment added provisions to allow reimbursement of third -party expenditures, included additional contract language and change reference from subrecipient to sponsor. The Second Amendment was approved on October 23, 2018, Agenda Item #16D5 which increased funding and extended the expenditure date to June 30, 2020. The Third Amendment will: 1. Increase the contract amount by incorporating awarded SHIP FY2019-2020 and 2020-2021 funding in the amount of $175,000 for a total contract amount of $947,400. 2. Formally amend the period of performance to terminate on June 30, 2023, following the extension of the expenditure deadline to December 27, 2020, pursuant to the County Manager's approved extension letter dated June 10, 2020. FISCAL IMPACT: There is no new fiscal impact for this action. Funds for all contract amendments are budgeted within SHIP Grant Fund (791), Projects 33613 and 33686. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: These projects will allow the County to expand affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. RECOMMENDATION: To approve and authorize the Chairman to sign two (2) State Housing Initiatives Partnership program agreement amendments between Collier County and (a) Habitat for Humanity of Collier County, Inc. and (b) Rural Neighborhoods Incorporated to increase funding, incorporate additional Local Housing Assistance Plan language and extend the performance period. Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community & Human Services Division ATTACHMENTS 1. First Amendment HfH- New Construction (PDF) 2. Habitat Construction Assistance Agreement - FULLY EXECUTED (PDF) 3. Approved CM Extension -Habitat for Humanity (PDF) 4. Third Amendment -Rural Neighborhoods OOR (PDF) 5. Second Amend. Rural Neighborhoods OOR (PDF) 6. First Amend. Rural Neighborhoods OOR (PDF) 7. Rural Neighborhoods Agreement (6.27.17; 16.1).11) (PDF) 8. Approved CM Extension -Rural Neighborhood (PDF) Packet Pg. 1491 16.D.18 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.1).18 Doe ID: 13721 Item Summary: Recommendation to approve and authorize the Chairman to sign two (2) State Housing Initiatives Partnership program agreement amendments between Collier County and (a) Habitat for Humanity of Collier County, Inc. and (b) Rural Neighborhoods Incorporated to increase funding, incorporate additional Local Housing Assistance Plan language and extend the performance period. Meeting Date: 10/27/2020 Prepared by: Title: Grants Coordinator Community & Human Services Name: Lisa Carr 09/29/2020 8:07 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/29/2020 8:07 PM Approved By: Review: Community & Human Services Cormac Giblin Additional Reviewer Community & Human Services Leslie Davis Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Community & Human Services Maggie Lopez Additional Reviewer Operations & Veteran Services Kimberley Grant Level 1 Reviewer Public Services Department Todd Henry Level 1 Division Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Steve Carnell Level 2 Division Administrator Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Budget and Management Office Ed Finn Additional Reviewer Grants Therese Stanley Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Sean Callahan Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 09/30/2020 9:27 AM Completed 10/01/2020 9:12 AM Completed 10/05/2020 2:52 PM Completed 10/05/2020 6:10 PM Completed 10/06/2020 5:14 PM Completed 10/08/2020 9:33 AM Completed 10/12/2020 9:09 AM Completed 10/13/2020 1:52 PM Completed 10/16/2020 4:13 PM Completed 10/16/2020 4:27 PM Completed 10/16/2020 6:31 PM Completed 10/19/2020 11:45 AM Completed 10/20/2020 11:03 AM Completed 10/20/2020 1:31 PM 10/27/2020 9:00 AM Packet Pg. 1492 16.D.18.a Grant: SHIP LHAP FY 2016-2019 and 2019-2022 Activity: Homeownership Project: New Construction Assistance Sponsor: Habitat for Humanity of Collier Co", Inc. Agreement It: SHCONI8-001 CSFA 9:--5240.901 DUNS 9: 080676690 FEIN: 59-1834379 Fiscal Year: 2017-18. and 2019-2020 Monitoring End: 0°f�",�� 142—W0913012022 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THIS AMENDMENT is made and entered into this day of N 2020, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY' M or Grantee") and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "SPONSOR", a private for -profit corporation existing under the laws of the State of Florida. o WITNESSETH WHEREAS, the Fiscal Year 2016-2019 Local Housing Assistance Plan, as amended, was adopted by the Board of County Commissioners on April 26, 2016, Resolution No. 2016-75 and further amended; and WHEREAS, on October 23, 2019, Agenda Item 16.13.6, the County entered into an Agreement with Habitat for Humanity of Collier County, Inc. to administer the State Housing Initiatives Partnership (SHIP) New Construction Assistance program; and WHEREAS, the Fiscal Year 2019-2022 Local Housing Assistance Plan, was adopted by the Board of County Commissioners on April 23, 2019, Resolution No 2019-109; and further amended; and WHEREAS, the parties wish to further amend the Agreement to add the required program seta --side requirements, revise list for reimbursement requirements, increase the total funding amount and extend the term of the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the Agreement as set forth below. Words Stfu lk Thr are deleted; Words Underlined are added Packet Pg. 1493 16.D.18.a 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 A — B (New Construction Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, New Construction Assistance, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2017-2018, 2019�2020 and SPONSOR's Applications dated April 10, 2018 and Februgy 10 2020. IV. PERIOD OF PERFORMANCE This Agreement shall be in effect from October 23, 2018 through June 30, 2-O8 2022 and all services required hereunder shall be completed in accordance with Q the schedule set forth in Exhibit A (New Construction Project Requirements). a This agreement must remain in effect throughout the development process of the N Project and is terminated upon completion of construction and sale to a CHS N referred applicant. Priority shall be iven to aprsroyed households in accordance M with the rankin set forth in the 2016�2019 LHAP and 2019-2022 LHAP. In any event, all services required hereunder shall be completed by the SPONSOR prior c to Tt 30, 2020 December 27, 2020, pursuant to the contract extension rg anted 3 by the Coon , Manager on June 10, 2020 and June 30,2022 as amended in the y First Amendment. Any funds not obligated by the expiration date of this c Agreement shall automatically revert to COUNTY. V 3 V. AGREEMENT AMOUNT It is expressly agreed and understood that the total amount of construction assistance, for the use by the SPONSOR during the term of the Agreement, shall not exceed ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($1,350,000.00). The budget identified for the Project shall be as follows_ Packet Pg. 1494 16.D.18.a EXIIIBIT A NEW CONSTRUCTION PROJECT REQUIREMENTS e) Project Requirements: The SPONSOR agrees that in the event that the Project is located in a Designated Flood Zone, all government requirements for construction a flood zone shall be satisfied. The SPONSOR shall develop and submit to CHS, within 60 days of contract execution, a construction schedule to include the following: TENTATIVE SCHEDULE Adherence is not a condition of payment) Sites Identified/Site Due Diligence December 2020 Pro e ies Under Conditional Contract Mai:� , LO 9 October 2021 Construction Commencement �une,-201.19-Janu 2021 Certificate of Occupancy Issued for all Newly Constructed Housing Units Apr4l 1, April 30, 2022 Project Completion Date June 30, 2024 2022 Further, "project completion date" will mean issuance of all certificates of occupancy and completion of sale to f-ofiHfed households. g) Payment Documents: 1. Certificate of occupancy. 2. Pictures during construction and of finished housing unit. 3. Floor plan or unit specifications. 4. Final invoice. 5, Pay Request Form (Exhibit "E"). 6. Fully executed SHIP Note & Mortgage to Collier County. 7. Invoices and cancelled checks totaling a minimum of $50,000 in construction related ex eases for each housing unit. W Program Set -Asides: The SPONSOR must meet the followikpLSHIP mandated propyam set -aside requirements: A. A minimum of 30 percent of the funds must assist very low-income households. N M At the same time, 60 percent of all funds must assistyea.-y low and low-income persons. Although the SHIP statute mentions 30 percent for very low-income and another 3 0 percent for low-income persons,there are many combinations that Packet Pg. 1495 16.D.18.a fulfill the set -aside requirement. Since the combination of very low or low-income persons must add up to 60 percent, this could be achieved with: ■ 30% very low-income PLUS 30% low-income ■ 45% very low-income PLUS 15% low-income 60% very low-income PLUS 0% low -Income In all cases, at least 30% must be designated for very low-income households B. A minimum of 20 percent of funding must be used to serve persons with special needs as defined in§ 420,0004 Florida Statutes. Section 420.9075(5) of the SHIP Statutes addresses the special needs set -aside. EXHIBIT B BUDGET NARRATIVE NEW CONSTRUCTION ASSISTANCE PROGRAM The total SHIP allocation to the SPONSOR for the New Construction Assistance Program shall not exceed FOUR 14 WD ED THOUSAND DOLLARS ($n ONE MILLION N THREE HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($1,350,000.00). N .... .......... ........... 1- CO) Uses of these funds are as follows: c The Construction subsidy shall be disbursed in the following manner for the following uses: 1. Construction expenditure shall not exceed $50,000 per certificate of occupancy (CO) for each housing unit. 2. Funds to be disbursed upon submission of a proper Pay Request (Exhibit "E") and in accordance with Florida Prompt Payment Act. 3. Exbenditure deadline is June 2022 and or as extended and approved by Florida Housinv Finance Corporation. EXHIBIT D REPORTS Report Title Documentation Required Due Date SPONSOR Audit Audit report, Management Within 9 months for Single Letter and Exhibit G, as Audit (otherwise 180 days) applicable after the end of the SPONSOR fiscal year through 284-9� Packet Pg. 1496 16.D.18.a 2022 as applicable Progress Report Progress report, detailing 10 days after the end of the accomplishments Exhibit F calendar quat ter until July 10, 2-020 2022 COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Sub recipient Name: Habitat for Humanity of Collier County, Inc. Sub recipient Address: 11145 Tarniami Trail East, Naples, FL 34113 Proj ect Name: New Construction Assistance Project No: SHCON18-001 Payment Request # Total Payment: Period of Availability: October 23 2018 to June 30 -2020 2022cm The Agency has incurred the indebtedness listed below between and r REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Packet Pg. 1497 16.D.18.a IN WITNESS WHEREOF, the SPONSOR and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA Dated.: , Deputy Cleric (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: BURT L. SAUNDERS, CHAIRMAN Date: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. By: NICHOLAS J. KOULOHERAS, PRESIDENT Date: 0�-CZ& 9.-� x\ Packet Pg. 1498 16.D.18.b Grant: SHIP HAP FY 201.6-20I9i Activity: Homeownership Project: New Construction Sponsor: I Habitat for Humanity of Collier County, Inc. Agreement #: SHCONI8-001 CSFA 4. 52,901 DUNS 4: 080676690 FEIN: $9-1834379 Fiscal Year- 017-18! Monitoring End: 09/30/2020 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. N M THIS AGREEMENT is made and entered into this day of I o LU `a 01�, 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, v and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "SPONSOR", a X private for -profit corporation existing under the laws of the State of Florida, having its principal w office at 111145 Tamiami Trail East, Naples, FL 34113!, J 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; and E a� L WHEREAS, the State Housing Initiative Program is established in accordance with Q Section 420,907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code, and ° c �a WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership y Program; and Q WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY c ° r is undertaking certain activities to primarily benefit persons or households earning not greater than 120% of median annual income adjusted for family size; and y WHEREAS, the Fiscal Year �016-2019 �ocal Housing Assistance Plan, as amended, was c o; y adopted by the Board of County Commissioners on Kpril 26, 2016, Resolution No. 2016-75; and �3 WHEREAS, the COUNTY and the SPONSOR desire to provide new construction in p �., accordance with this Agreement and the aforementioned Local Housing Assistance Plans; and E r. a; ous� Packet Pg. 1499 16.D.18.b WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings, as specified in Exhibit "A", and determines that they are valid and worthwhile County purposes. NOW, THE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Initiatives 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). 1@1[]ZiI►`hl 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 11 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 A — B (New Construction Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, New Construction, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2017-2018; and SPONSOR's Application dated April 10, 20181'. M. 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 adopted, if not previously adopted, by the SPONSOR's governing body within 60 days of contract execution: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action Policy 4. Conflict of Interest Policy 5. Equal Opportunity Policy 6. Sexual Harassment Policy Packet Pg. 1500 16.D.18.b IV. V. 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 91 Marketing Policy PERIOD OF PERFORMANCE This Agreement shall be in effect frora:October 23, 2018 through June 30, 20201 and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit A (New Construction Project Requirements). This agreement must remain in effect throughout the development process of the. Project' and is terminated upon pompletion of construction and sale to a CHS referred applicant. In any event, all services required hereunder shall be completed by the SPONSOR pyior to Juno 30, 2020,, Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. AGREEMENT AMOUNT It is expressly agreed and undczstood that the total amount of construction assistance, for the use by the SPONSOR during the term of the Agreement, shall not exceed OUR HUNDRED THOUSAND DOLLARS ($400,000). { The budget identified for the Project shall be as follows Line Item Des&iption SHIP Funds Project Deliverable; Construction of new housing $50,000.00 per units housing urd, The County shall provide construction cost assistance to the SPONSOR for the .performance of this agreement upon completion of the project deliverable, as accepted and approved by CHS. SPONSOR may not request construction cost assistance of SHIP funds until the deliverable has been provided, Payment shall be made to the SPONSOR only after a certificate of occupancy has been issued fog' the related housing unit. Payment will not occur if SPONSOR fails to perform the construction required by this agreement. Ali requests for cost assistance are due no later than 90 days after the end of the agreement. Work performed duringtheterm of the program, but not requested within 90 days after the end of the agreement, may not be processed without written authorization from the Grant Coordinator. Packet Pg. 1501 16.D.18.b 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 SPONSOR. No construction assistance will be provided 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 and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." All services specified in Section 11. Scope of Services, as well as in Exhibit A, shall be performed by SPONSOR. 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 per property with a note and mortgage. r The Note will bear interest at 0% percent interest per year and be released upon sale to a C4 CHS referred applicant. 77 If the SPONSOR fails to comply with the terms and conditions of this Agreement, SHIP funds shall be due and payable back to the County. 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: Don Luciano, Grants Coordinator{ Collier County Government Community and Human Services 3339 E Tamiami Trial, Suite 211 Naples, Florida 34112 Email to: !Donald.Luciano@colliercountyfl.gov Phone: �39-252-2509 SPONSOR ATTENTION: Nicholas J. Kouloheras, President or Michael Jordan, Director of Grants and Compliance -labitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, FL 34113 1 Email to: nkouloheras@habitateollier.org or Packet Pg. 1502 16.D.18.b mjordan@habitatcollier.org Telephone; �39-775-0036 VII. GENERAL CONDITIONS A. GENERAL COMPLIANCE The SPONSOR agrees to comply with the requirements as outlined in Section 420.907-420.9079 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 New Construction. 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 M the parties. The SPONSOR shall at all times remain an "independent contractor" r with respect to the services to be performed under this Agreement. The COUNTY w shall be exempt from payment of all Unemployment Compensation, FICA, D retirement benefits, life and/or medical insurance and Workers' Compensation w Insurance, as the SPONSOR is an independent sponsor. X w C. WORKERS' COMPENSATION The SPONSOR, its contractors and subcontractors, shall provide Workers' Compensation Insurance coverage for all 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 C. 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 supervision of the SPONSOR in the m, Packet Pg. 1503 16.D.18.b 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, Q advertisements, descriptions of the sponsorships of the Program, research reports a and similar public notices, whether printed or digitally prepared, and released by m the SPONSOR for, on behalf of, and/or about the Program shall include the r statement: M r "FINANCED BY FLORIDA HOUSING FINANCE CORPORATION (FHFC) AND COLLIER COUNTY COMMUNITY AND HUMAN w 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 set -vices, 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, the COUNTY Manager or designee may grant a cumulative time extension Packet Pg. 1504 16.D.18.b of no more than 180 days and modify any subsequent project work plans to reflect the extension. 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, 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, Q if the SPONSOR materially fails to comply with any term of this Agreement, or with a any of the rules, regulations or provisions referred to herein, in addition to otherCn = 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 M r 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 w suspension of payment and specify the effective date thereof, at least five (5) v working days before the effective date of termination or suspension. w See Section VIII. H., 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. I. 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. SUBCONTRACTS The SPONSOR is permitted to subcontract construction activities as part of the 0a Packet Pg. 1505 16.D.18.b construction for the new housing units. The administration of this agreement may not 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 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 A (New Construction Project Requirements). B. RECORDS RETENTION r N The SPONSOR shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) fiscal years after the Project Completion Date as defined in Exhibit A, section (e), provided applicable audits w have been released. Notwithstanding the above, if there is litigation, claims, audits, v negotiations or other actions that involve any of the records cited and that have X started before the expiration of the (5) five-year period, then such records must be w retained until completion of the actions and resolution of all issues. However, in J no case can such records be disposed of before the (5) five fiscal year minimum. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purposes of this Agreement shall be made available to the COUNTY, by the SPONSOR, 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. 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, the SPONSOR shall keep all documents and records in an orderly fashion, in a readily accessible, permanent and secured location. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this Agreement, of the address where the records are to be kept. SPONSOR shall meet all requirements for retaining public records and transfer, at no cost, to Packet Pg. 1506 16.D.18.b COUNTY all public records in possession of the SPONSOR upon termination of the contract 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 information technology systems of the COUNTY. IF THE SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 11% FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael. Cox(&,colliercount fl. ov, 3299 Tamiami Trail E, Naples FL 34112. C. DISCLOSURE r The SPONSOR shall maintain records in accordance with Florida's Public Information Law (F.S. 119). D. GRANT CLOSEOUT 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: malting final payments, disposing of program assets, close out monitoring and determining the custodianship of records. In addition to the records retention outlined in Section VIII.B, the SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SPONSOR is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. The SPONSOR shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. 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 re A Packet Pg. 1507 16.D.18.b 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)(e), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 30 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 E year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the SPONSOR Q expends less than $750,000 in State awards in its fiscal year and elects to a have an audit in accordance with provisions of Section 215.97, Florida Cn Statutes, the cost of the audit must be paid from non -State funds. r 2. Inspections N The SPONSOR'S records with respect to any matters covered by this Agreement shall be made available to the COUNTY and/or the FHFC at any time during normal. business hours, as often as the COUNTY or the FHFC deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. F. MONITORING The SPONSOR agrees that CHS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. 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 Packet Pg. 1508 16.D.18.b records related to performance of activities in this agreement. G. PREVENTION OF FRAUD AND ABUSE SPONSOR 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. SPONSOR's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SPONSOR shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Q Agreement. SPONSOR shall fully cooperate with COUNTY's efforts to detect, a investigate and prevent waste, fraud and abuse. SPONSOR may not discriminateCn = against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to the COUNTY or to any appropriate law C14 enforcement authority, if the report is made in good faith. H. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution 2013-228, Community and Human Services (CHS) Division has adopted an escalation policy to ensure continued compliance by subrecipients, sponsors, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following the monitoring visit. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. Packet Pg. 1509 16.D.18.b The Division may require upwards of five percent (S%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. • The entity maybe denied consideration asset forth in Resolution 2013-228. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance, by certified mail; the Division may require a portion of the awarded grant amount be returned to the Division, • The Division may require upwards of ten percent (10%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. • The entity will be in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be r substantially non -compliant, the Division may recommend the contract or M 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 in violation of Resolution 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. 1. PROGRESS REPORTS The SPONSOR shall submit regular Quarterly Progress Report (Exhibit E) to the COUNTY in the form, content and frequency required by the COUNTY. IX. CIVIL RIGHTS COMPLIANCE The SPONSOR agrees that no person shall, on the ground of race, creed, color, religion, national origin, sex, handicap, familial status, marital status or age be excluded from receiving program benefits, or be subjected to discrimination under any activity carried out by the SPONSOR in performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. The SPONSOR will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, Packet Pg. 1510 16.D.18.b layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. X. PROHIBITED ACTIVITY The SPONSOR is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. XL 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 loop 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. XII. 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: Packet Pg. 1511 16.D.18.b A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and SHIP guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SPONSOR to fulfill, in a timely and proper manner, its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission, by the SPONSOR to the COUNTY, of reports that are incorrect or incomplete in any material respect. E. Submission by the SPONSOR of any false certification; F. Failure to materially comply with any terms of this Agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SPONSOR relating to the project. In the event of any default by the SPONSOR under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; t 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 SMALL AND MINORITYIWOMEN OWNED BUSYNESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses, minority business r enterprises, and women owned business enterprises the maximum practicable opportunity Packet Pg. 1512 16.D.18.b to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section. 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish -spearing, 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. XV. AFFIRMATIVE ACTION The SPONSOR agrees that it shall be committed to carry out pursuant to the COUNTY's a specifications an Affirmative Action Program in keeping with the principles as provided Q in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide a - Affirmative Action guidelines to the SPONSOR to assist in the formulation of such m program. Prior to the award of funds, the SPONSOR shall submit for approval, a plan for an Affirmative Action Program. In the event any policy modifications are made throughout C4 the term of the agreement the SPONSOR shall submit the updated policy to the COUNTY r within 30 days of modification. o XVI. 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 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. XVII. INCIDENT REPORTING Packet Pg. 1513 16.D.18.b If services to clients are to be provided under this agreement, the SPONSOR and any subcontractors shall report Imowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. XVIII. 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 = Cn of religion and will not limit such services or give preference to persons on the basis r of religion. C4 M r C. It will retain its independence from Federal, State and Local Governments and may o continue to carry out its mission, including the definition, practice and expression W of its religious beliefs, provided it does not use direct State funds to support any D U inherently religious activities, such as worship, religious instruction or w X proselytizing. !u 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. XXL 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 Packet Pg. 1514 16.D.18.b of the Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds issued for the purpose of providing funds for the project are outstanding. The SPONSOR warrants that it has not, and will not, execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that, in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. However, this shall not preclude the COUNTY from subordinating its loan to construction financing. XXII. ACQUISITION, RELOCATION, AND DISPLACEMENT The SPONSOR acknowledges that the SPONSOR will bear sole responsibility for any costs or reimbursements, legal or otherwise, from person or persons claiming that they have been involuntarily displaced by the acquisition of real property associated with development of the Project. XXIII. COPYRIGHTS AND PATENTS r N If this Agreement results in a book or other copyright materials or patent materials, The M SPONSOR may copyright or patent such, but Collier COUNTY and the State of Florida o reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or LU otherwise use such materials and to authorize others to do so. D XXIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of ;twenty-nine (29) lenumerated 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) Packet Pg. 1515 16.D.18.b IN WITNESS WHEREOF, the Subrecipient and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. At. CRYSTA II I'EL' CLERK OF COURTS c "; . T�' C RK (SEAL) Approved as to form► and legality; Jennifer A. Belpedio Assistant County Attorne Date, i O a 3 1� Dane; 16 111 1 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. By:2/L�= ICHOLAS J. KOULOHERAS, PRESIDENT Date. r . RIP Packet Pg. 1516 16.D.18.b EXHIBIT A NEW CONSTRUCTION PROJECT REQUIREMENTS The Project is to be developed as affordable residential housing, in accordance with the SHIP Program, and the Collier County LHAP �Y 2016-20191. The SPONSOR shall perform the following activity under this agreement: a) New Construction: The SPONSOR is required to comply with all applicable program requirements of the State Housing Initiatives Partnership (SHIP) Program, including but not limited to Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code and Collier County Construction Standards. Any or all of these regulations may, but are not required to, be specifically set forth in any additional loan documents executed in connection with the Project. The SPONSOR shall include such language as the COUNTY may require in any agreements with prospective homeowners of the Project, or any portion, thereof to evidence such requirements. b) Default of Mortgage: The Sponsor shall be considered in default if any of the following r occur: N M r 1. The SPONSOR fails to construct a safe, sanitary and habitable housing unit. 2. The SPONSOR fails to receive Certificate of Occupancy for new housing unit. w 3. The SPONSOR fails to sell to CHS referred SHIP applicant on or before May 31, 2020. c) Assurance of Public Purpose: The SPONSOR covenants that if the SPONSOR is unable or unwilling to sell the property in accordance with the terms and conditions incorporated herein, the SPONSOR shall give the COUNTY a 90 (Ninety) day notification, during which titre; the COUNTY shall require the SPONSOR to remit payment for an amount not to exceed the amount of funds provided by the COUNTY through the Program. d) 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 homebuyers, concluding transactions, and affirmatively further fair housing efforts. The SPONSOR must maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters, etc.) to be available for inspection on request by the COUNTY. The SPONSOR must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market of the available housing. The SPONSOR must provide the COUNTY with an assessment of the affirmative marketing program. Assessment must include: a) methods used to inform the public and potential homebuyers 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. e) Project Requirements: The SPONSOR agrees that in the event that the Project is located in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. SHIP New Construction 19 Packet Pg. 1517 16.D.18.b The SPONSOR shall develop and submit to CHS, within 60 days of contract execution, a construction schedule to include the following: TENTATIVE SCHEDULE Adherence is not a condition of payment) Sites Identified/Site Due Diligence January, 2019 Pro ert ies Under Conditional Contract March, 2019 Construction Commencement June, 2019 Certificate of Occupancy Issued for all Newly Constructed Housing Units April 1, 2020 Project Completion Date June 30, 2020 Further, "project completion date" will mean issuance of all certificates of occupancy and completion of sale to referred households. f) Pr petty Standards: The SPONSOR attests that the Project will meet the standards of the Cn 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 r Rehabilitation Act of 1973 (29 U.S.C. 794) and the design and construction requirements at 24 CFR o 100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619), in the event property is LU rehabilitated at any time during affordability period. v In accordance with the Local Housing Assistance Plan, a SPONSOR shall follow each SHIP Program strategy program requirements below: Energy Efficient Best Practices: Section 4209075(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-Iess water heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; and impact resistant windows and doors. Evidence of such is not a condition of the construction subsidy payment. g) Payment Documents: 1. Certificate of occupancy. 2. Pictures during construction and of finished housing unit. 3. Floor plan or unit specifications. 4. Final invoice. 5. Pay Request Form (Exhibit "E"). 6. Fully executed SHIP Note & Mortgage to Collier County. SHIP New Construction 20 Packet Pg. 1518 16.D.18.b EXHIBIT B BUDGET NARRATIVE NEW CONSTRUCTION PROGRAM The total SHIP allocation to the SPONSOR for the New Construction Program shall not exceed FOUR HUNDRED THOUSAND DOLLARS ($400,000.00). Uses of these funds are as follows: The Construction subsidy shall be disbursed in the following manner for the following uses: 1, lConstruction expenditure small not exceed $50,000 per certificate of occupancy (CO) for each housing unit. 2. Funds to be disbursed upon submission of a proper Pay Request (Exhibit "E") and in accordance with Florida Prompt Payment Act. SHIP New Construction 21 F� Packet Pg. 1519 16.D.18.b EXIIIBIT C INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiarni Trail, Suite 211, Naples, Florida 34112, Certificates) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 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 a in connection with this contract in an amount not less than $1,000,000 combined singleCn = limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. C, M r DEswN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as w follows: D 4. Professional Liability Insurance in the name of the SPONSOR or the licensed design professional employed by the SPONSOR, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate, providing for all sums which the SPONSOR and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR, in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued, Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 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: Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SPONSOR. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SPONSOR shall assure that for activities located in an area identified by the Federal Emergency Management (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Prograrn is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). SrrIP New Construction 22 Packet Pg. 1520 16.D.18.b OPERATION/MANAGEMENT PRASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one Cn hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.U.-M.A.C4 M r 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 w available through the National Flood Insurance Program (NFIP). The policy must show D Collier County as a Loss Payee A.T.I.M.A. X w J J LL C d E d d L a r to .N to Q C O r v 7 L O U r to R 2 r c m E t tv r r a SHIP New Construction 23 Packet Pg. 1521 16.D.18.b EXHIBIT D REPORTS Report Title Documentation Required Due Date Special Grant Policies ISee Section 111, B Within 60 days of Agreement execution Project Schedule ISee Section III, A Within 60 days of Agreement execution Insurance JProof of coverage in t time of Agreement (Flood, Property, O&D) accordance with Exhibit C / execution and annually within Declaration page 30 days after renewal SPONSOR Audit[Audit report, Management Within 9 months for Single Letter and Exhibit G, as Audit (otherwise 180 days) applicable I after the end of the SPONSOR fiscal year through 2019-20, as applicable Progress Report Progress report, detailing 10 days after the end of the accomplishments Exhibit F calendar quarter until July 10, 2020 SHIP New Construction 24 f Packet Pg. 1522 16.D.18.b EXHIBIT " EJ" COLLIER COUNTY COMMUNITY AND HUMAN SEYRYZCES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub reoVent Name: Habitat for Humanity of Collier County, Inc, Sub recipient Address: 11145 Tamiami Trail East, Naples, FL 34113 Projeot Name: New Constttiiction ProjsctNo: ST-ICON18-001 Payment Request# Total Payniout: Period of Availability: October 23, 2018 to June 312420 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2, Sum of fast Claims Paid on this Account 3, Total Grant Amount Awarded Less Sum of Past Claims Paid on this Account 4, Amount of Previous Unpaid Requests 5. , Amount of Today's Request 6, Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) 1 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 tho SUBR'�CIPIENT, To the best of my lunowledge and belief, all grant requirements have been followed. Signature Title Authorizing Chant Coordinator Supervisor (approval required $15,000 and above) Date Authorizing Grant Accountant Department Director (approval required $15,000 and above) SHIP Ntw construottoll 25 Packet Pg. 1523 16.D.18.b EXHIBIT "F" QUARTERLY PROGRESS REPORT Complete form for preceding quarter and sachrnit to Community and Hurnan Services staff by the 10"' of the following month. Status Report for the Quarter Ending: I (Submittal Date: Project Name: I New Construction I Project Number: I SHCONI8-001 SPONSOR: I Habitat for Humanity of Collier County, Inc. Contact Person: Telephoner I Fax:� I E-mai[r PROPERTY UNIT DATA Number of units under construction this period Number of units under construction to date Number of units completed this period Number of units completed to date MARKETING DATA Potential Homebu ers Referred this period A Homebu ers under contract I TIMELINE PROGRESS PROPERTY ADDRESS CONSTRUCTION COMMENCED /N CONSTRUCTION COIVTLETED /N ANTICIPATED CIO DATE ANTICIPATED SAFE DATE What events/actions are scheduled for the next quarter? 3entify any issues that may cause delay in meeting scheduled expenditure deadline dates. I Signature Date E O O c c N c 0 t� m z c d E c m E a a_ x Cn N ti M SHIP New Construction 26 Cr Packet Pg. 1524 16.D.18.b EXHIBIT "G" ANNUAL AUDIT MONITORING REPORT aurin most recenii com ietea i`iscai Tear [r1o51recentl cOln leum rmt.;dl.'Tudf $. 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: 0 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 rocedures, olicies etc. im lemented and when it was or will be im lemented. Certification Statement l hereby certify that the''above`info rmation is true and accurate.' Signature Date Print Name and Title 06/ 18 SHIP New Construction 27 Packet Pg. 1525 16.D.18.b EXHIBIT "H" HOLD HARMLESS LETTER Please be advised that I/We, Habitat for Humanity of Collier County, Inc, existing under the laws of the State of Florida, having its principal office atJ11145 Tamiami Trail East, Naples, FL 34113 ("SPONSOR"), under agreement with Collier County Board of County Commissioners for the SHIP New Construction project, verify that I/We are a self -insured company. I/We understand that we are to construct new housing units, hereafter referred to as "Improvements." Indemnification and Hold Harmless a. In General In the performance of the Subrecipient Agreement to which this exhibit is attached, the undersigned Cn hereby agrees to release, indemnify and hold harmless Collier County, as well as their employees, agents and representatives (collectively, the "County"), from any and all claims, demands, causes of action or C, damages of any kind or nature brought by the undersigned or others, including reasonable attorneys' M r fees, arising out of or in any way associated with, the County's authorization to allow the Improvements to be constructed, operated, and maintained by the Club. This includes without limitation, all claims, w demands, costs or judgments against the County whether such liability, loss or damage is due or claimed v to be due to the negligence of the undersigned, its contractors, subcontractors, the County, its employees, w agents or representatives. w b. Respecting the Improvements The undersigned hereby agrees to release, indemnify and hold harmless the County and accepts all risks of loss associated with respect to the Improvements. II. Successors and Assigns The undersigned further agrees, as the entity responsible for ownership and maintenance of the Improvements, that this document may be recorded, and that the representations and obligations herein are binding upon its successors and assigns. SHIP New Construction 28 A Packet Pg. 1526 16.D.18.b Signature Print Name Signature Print Name Title Title STATE OF FLORIDA COUNTY OF The foregoing instrument was subscribed and sworn before me this ____ day of , 20_, by ".'. who produced as identification, ti M Notary Signature Notary Seal: SHIP New Construction 29 Packet Pg. 1527 16.D.18.c i Memorandum �rPRtior Thru; Kristi Sonntag, Director Community and Human Services Division . To: Leo F. Ochs Jr,, County Manager From: C' ` Lisa N, Carr, Senior Grants Coordinator Community and Human Services Division Date, June 9, 2020 Subject: State Housing Initiatives Partnership (SHIP) Extension Approval Request — Agreement Between Collier County and Habitat for Humanity of Collier County, Inc, (BCC approved Sponsor Agreement October 23, 2018 Agenda Item 16.D,6) Pursuant to the SHIP sponsor agreement between Collier County and Habitat for Humanity of N Collier County Inc. Section V, Agreement Annount, "The County Manger or designee may M extend the term of dies agreement far a period of pp to 180 days after the end of the agreement, Extensions must be authorized in writing by formal letter to the Subrecipient"' � r Collier Count staff anticipates the SHIP Now Construction Assistance prajects may be completed by fie grant deadline June 30, 2020, but not all payments for reinubursenients will be E processed and paid before the grant agreement expires, _ L The sponsor is concerned about receiving final payment for the new construction projects since �° the agreement will shortly expire. Therefore, the sponsor is requesting a 6-niontlr extension of the agreement deadline to allow thein to receive payment. A, letter of approval granting the extension requests has been prepared for your signature. We have enclosed the subrecipient's written extension request for your consideration, Staff have reviewed the request and deem the request reasonable and recomu'lend the extension be granted, If you have any questions, you may call Lisa Carr ext. 2339 Cc: file Community and Human Services Public Services ,Division 1 Packet Pg. 1528 16.D.18.c is Office of the County Manager Leo E._Oc_hs, Jr. 3299 Tamiami Trail East, Suits 202 Naples Florida . 34112-5746 • (239) 252-8383 FAX: (239) 252-4010 O O June 10, 2020 c 0 Habitat for Humanity of Collier County Nick Kouloheras, President c 11145 Tamiami Trail E o 0 Naples, FL 34113 z Dear Mr. Kouloheras, c m I am in receipt of your request for an extension, dated May 26, 2020 sent to Ms. Sonntag, Director, Community and Human Services, for the SHIP New Construction Assistance Program -Agreement #SHCON 18-001. Q a Your request for a 180 day -day extension is approved, per your contract terms. It is imperative that your project be completed by December 27, 2020. The project is essential to the ti County meeting its State timeliness requirement and any further delays may impede the County from r meeting this critical compliance requirement. Sincerely, Leo E. Ochs, Jr. County Manager Packet Pg. 1529 16.D.18.c I Executive Committee Rev. Lisa I_efkow CEO Nick Kouloheras President John W. Cunningham Cifnitman L. Michael Mueller Vice •Chair/freasurer David R. Rash, Esq. Secretary Edward J, Hubbard Doug Peterson Robert Rite 5tanard L, Swihart, M.D. Directors Richard J. Adams, Jr. Donna Conrad Kathleen Doar, Esq, Thomas E, Fahey Kathleen Flynn Fox Curt Gillespie Robert N, Gurnitz Tom Messmore Janet Miller John Paolman Thomas G. Pollak Douglas L. Rankin, Esq, Habitat of Collier County 0ir vision is a ivodd whet-e everyone has a simple, rlecetrl place to live. Date; 5/26/2020 To, Kristi Sontag From; Nick Kouloheras Re. SHIP FY 17-18 new construction assistance Dear Kristi, Habitat for Humanity of Collier County Inc is respectfully requesting a 6-month agreement extension for the SHIP New Construction Assistance program. Our Agreement will expire on June 30,2020, As such, we have a number of outstanding pay requests that may not be processed and paid by the expiration date of the agreement. We would like to extend the agreement until all payments have been reimbursed. This will allow us time to meet the Grant deadline, Thank you for your time and consideration, Best s, Nick Kauiahera� President _ 0 :r L N _ 0 c.� m z W c as E _ d E a a_ x N ti M 16.D.18.d Grant - SHIP FY 2014-2015, 2015-2016, ftad 2016-2017, 2017-2018, 19-20 and 2020-2021 A reement # SHIP 0OR2017-002 Activity; - Owner -Occupied Rehabilitation Program Sponsor: Rural Neighborhoods, Incorporated DUNS # - 605098438 FETI 4-65-1238417 CSFA # - 52.901 for FY 14/15 and 40901 for FY 15/16, 16/17, aitd-17/18, 19/20 and 20/21 THIRD AMENDMENT BETWEEN COLLIER COUNTY AND RURAL NEIGHBORHOODS, INCORPORATED THIS AMENDMENT is made and entered into this day of , 2020, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or Grantee") and Rural Neighborhoods, Incorporated_, a private not -for -profit corporation existing under the laws of the State of Florida ("SPONSOR"). WHEREAS, the Fiscal Year 2013-2016 Local Housing Assistance PIan, as amended, was adopted by the Board of County Commissioners on April 23, 2013, Resolution No 2013-94 and further amended; and WHEREAS, on June 27, 2017, Agenda Item 16.1).11, the County entered into an Agreement with Rural Neighborhoods, Incorporated to administer the State Housing Initiatives Partnership (SHIP) Owner Occupied Rehabilitation Program; and WHEREAS, the Fiscal Year 2016-2019 Local Housing Assistance Plan, as amended, was adopted on April 26, 2016, Resolution 2016-75 and further amended; and WHEREAS, the Fiscal Year 2019-2022 Local Housing Assistance Plan, as amended, was adopted on April 23, 2019, Resolution 2019-109; and WHEREAS, on September 11, 2018, Agenda Item 16F1C, the County approved the First Amendment to Agreement to add provisions to allow reimbursement of third -parry expenditures, included additional contract language and change reference from subrecipient to sponsor; and WHEREAS, on October 23, 2018, Agenda Item 16D5, the County approved the Second Amendment to Agreement to increase disaster funding in the amount $172,400; and WHEREAS, the Parties wish to further amend the Agreement to increase the total funding Packet Pg. 1531 16.D.18.d amount and extend the term of the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Words S eli T-hr-gh are deleted; Words Underlined are added 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 (Program Narrative and Budget Narrative) in accordance with the terms and conditions of Requests for Applications, Owner -Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2014- 2015, 2015-2016, 2016-2017, arrd 2017-18, 2019-2020 and 2020-2021 SPONSOR's Application dated May 4, 2017. IV. PERIOD OF PERFORMANCE N M This Agreement shall be in effect from June 27, 2017 through June 30, 2494, 2023 and all services required hereunder shall be completed in accordance with the schedule set forth in p Exhibit C (Budget Narrative). In any event all services re uired hereunder shall be completed by the O SPONSOR prior to December 27, 2020, pursuant to the contract extension granted by the County o Manager on June 10 2020 and June 30 2023 as amended in the First Amendment. Any funds not L obligated by the expiration date of this Agreement shall automatically revert to COUNTY. M 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 Seven 14un Seventy Two Thousand and Four- Hundred Dollars (S7 ,in0.00) Nine Hundred Forty Seven Thousand Four Hundred Dollars and 00/100_(_$947,400.00). The budget identified for the Project shall be as follows: Line Item Description SHIP Funds Project Component One: Rehabilitation to owner- $690,460-$856,350.48 occupied units. (Maximum per unit in accordance with LHAP) Project Component Two: Project Delivery Fee $77,240.00 *not to exceed (maximum of 10% per total project cost FYs 2014- for each grant year 2015, 2015-2016, 2016-2017 and 2017-2018) Packet Pg. 1532 16.D.18.d Project Delivery Fee (maximum of 5% per total $8,309.52 $5,500.00 project cost for FY 19-20 and FY 2020-2021) $I0,000.00*not to exceed %Beach ,rant year Project Component Three: Inspection for non- eligible properties maximum $250.0099&80 TOTAL $6WWM-.00 $947 400.00 Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY. Funds maybe shifted between project components to allow for the maximwn number of units to be rehabilitated. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK f Packet Pg. 1533 16.D.18.d EXHIBIT C BUDGET NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The total SHIP allocation to SPONSOR for the Owner -Occupied Rehabilitation Program shall not exceed Nine Hundred Forty Seven Thousand Four Hundred Dollars and „00/100($947,400.00). Sources for these funds are as folloivs: Fiscal:Year Project Inspecttort Relurb Fund Total Delivery Non -Eligible 2014-2015 $14, 000, 00* $1,250.00 $124, 750.00 $140, 000.00** 2015-2016 $20, 000.00 * $1, 250. 00 $178, 750.00 $200, 000.00 * * 2016-2017 $26, 000.00 * $1, 250, 00 $232, 750, 00 $260, 000.00 * * 2017-2018 $17,240,00* $1,250,00 $153,910.00 $172,400.00** 2019-2020 $4, 719. 43 * $283. 98 $94, 388. 49 $99, 391.90 * * 2020-2021 $3, 590. 09 * $216. 02 $71,801.99 $ 75 608.10 * * T �.xvasssc3 TA77'17:VVjVY VV:0t1.: Total Funrls 85 549.52 $5500.00 $856,350 48 $947,900.00' *nia,1'11n uni project delive l y ** expenditure deadline for 14115 is June 2018, 15116 is June 2018, and 16117 is June 2019, 17118 is June 2020 19120 is June 2022 and 20121 is Jayne 2023 or as extended and approved by Florida Housing Finance Corporation. Funds may be shifted between project delivery, inspection for non -eligible and rehab to allow for the maximum amount of funds to be expended. A housing unit may be split between FY funding allocations. Uses of these funds are as follows: Funds shall be disbursed in the following manner for the following uses: 1. Maximum rehabilitation funding per unit is in accordance to the LHAP. Packet Pg. 1534 16.D.18.d A project delivery fee, to complete program management and other project compliance activities conducted by staff or contracted party, of 10% of the rehabilitation cost shall be paid for each completed unit for FY's 2014-2015, 2015-2016, 2016-2017 and 2017-2018. Associated work to perform technical and administrative work involving the construction and renovation of residential properties. 3. A project delivery fee, to complete program management and other project compliance activities conducted by staff or contracted party, of 5% of the rehabilitation cost shall be paid for each completed unit for FY's 2019-2020 and FY 2020-2021. Associated work to perform technical and administrative work involving the construction and renovation of residential properties, Associated work to perform technical and administrative work involving the construction and renovation of residential properties. The County will require time sheets from the sponsor to track employee hours to prevent duplication of payment, 4.-3 An inspection fee of $250.00 will be paid for those homes that fail to meet the rehabilitation standards. This fee is only paid when a property fails to meet the criteria and no other fees will be paid to the SPONSOR in such circumstances. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Packet Pg. 3571 16.D.18.d EXHIBIT "F" Quarterly PROGRESS REPORT Complete form for past month and submit to Community and Human Services staff by the 10' of the folloi-ving month, Status Report for the Quarter Ending: Project Name. Owner -Occupied Rehabilitation 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 Number of homes inspected but not under contract Submittal Date: Project Number: SHIP FY 14/15, 15/16, 16/17, SHIP 17/18, SHIP 19/20 or SHIP 20/21 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 What events/actions are scheduled for the next month? Identity any issues that inav cause delay in meeting, scheduled expenditure deadline dates. Date Signature Packet Pg. 1536 16.D.18.d 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: CRYSTAL K. KINZEL, CLERK Dated: , Deputy Clerk (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: URT L. SAUNDERS, CHAIRMA Date: RURAL NEIGHBORHOODS, INCORPORATED By: STEVE KIRK, PRESIDENT Date: ©ao o' Packet Pg. 1537 16.D.18.e Grant - SHIP FY 2014-2015, 2015-2016= and 2016-2017 and 2017-2018 Activity: - Owner -Occupied Rehabilitation Program Sponsor: Rural Neighborhoods, Incorporated DUNS # - 605098438 FETI #-65-1238417 CSFA # - 52901 for FY 14/15 and 40.901 for FY 15/16 and 16/17 and 17-18 SECOND AMENDMENT BETWEEN COLLIER COUNTY AND RURAL NEIGHBORHOODS, INCORPORATED THIS AGREEMENT is made and entered into this 3 r (day of 2018, by and between Collier County, a political subdivision of the State of Florida, (" COUNTY" or Grantee") and Rural Neighborhoods, Incorporated, a private not -for -profit corporation existing under the laws ofthe State of Florida ("SPONSOR"). WHEREAS, on June 27, 2017, Agenda Item 16.D.11, the County entered into an Agreement with Rural Neighborhoods, Incorporated to administer the State Housing Initiatives Partnership (SHIP) Owner Occupied Rehabilitation Program; WHEREAS, on August 14, 2018, Agenda ltem 16F 1, the County approved the First Amendment to Agreement; WHEREAS, the Parties desire to amend the Agreement to add FY 2017--2018 disaster funding in the amount of $172,400 for a total agreement amount of $772,400.00 and provide additional time to serve all current eligible clients. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Words Stiptiek, Through are deleted; Words Underlined are added X r N ti M o: 0 0 0 0 L 0 T 0 z 1 Packet Pg. 1538 16.D.18.e 11. IV. V. 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 (Program Narrative and Budget Narrative) in accordance with the terms and conditions of Requests for Applications, Owner -Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle Fiscal. Years 2014- 2015, 2015-2016, and 2016-2017 and 2017-18 SPONSOR's Application dated May 4, 2017. PERIOD OF PERFORMANCE This Agreement shall be in effect from .Tune 27, 2017 through June 30, ems} 2020 and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit C (Budget Narrative). 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 84 Hundred Thousand and 00/100 DoHam ). Seven Hundred Seventy -Two Thousand and Four Hundred Dollars ($772,400.00). The budget identified for the Project shall be as follows: Line Item Description I SHIP Funds Project Component One: Rehabilitation to owner- $ 536,250 nn $69 160.00 occupied units. (Maximum per unit in accordance with LHAP) Project Component Two: Project Delivery Fee (maximum of 10% per total project cost) Project Component Three: Inspection for non - eligible properties (maximum $250.00) $60,OOV $77,24V not to exceed for entire grant. $3,750.00 $5,000.00 TOTAL J $6g0, W0-. 0 $772,400.00 Modifications to the `Budget and Scope" may only be made if approved in advance by the COUNTY. Funds maybe shifted between project components to allow for the maximum number of units to be rehabilitated. X r N ti M W 0 0 0 0 0 z L L Packet Pg. 1539 16.D.18.e EXHIBIT C BUDGET NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The total SHIP allocation to SPONSOR for the Owner -Occupied Rehabilitation Program shall not exceed Six Hundred Thousand and 00/ nn ($600 nnn not Seven Hundred Seventy -Two Thousand and Four Hundred Dollars�2772,400.00�. Sources for these funds are as follows: Fiscal Year ;' Pro ecf �:. VARRor Non P .... . Reh:ali Fund Total DeliverEll rb7e 2014-2015 $14, 000, 00 * $1250.00 $124, 750. 00 $140, 000. 00 2015-2016 $20, 000.00 * $1250.00 $178, 750.00 $200, 000.00 ** 2016-2017 $26, 000. 00* $1250, 00 $232, 750. 00 $260, 000. 00** 2017-2018 $17, 240.00 * $1250.00 $153, 910.00 $172, 400.00 * * .SB;O(1 00 `ex� �cn .0 �� � �o 00 Total Funds $77240:00 $s,0oo oa $690A0:Oo ;$':77a;400 00 *maximum project delivery ** expenditure deadlinefor 14115 is June 2018, 15116 is June 2018, aagd 16117 is June 2019, 17118 is June 2020 and or as extended and approved by Florida Housing Finance Corporation Funds may be shifted between project delivery, inspection for non -eligible and rehab to allow for the maximum amount of funds to be expended. A housing unit eanno Rjay be split between FY funding allocations. Uses of these funds are as follows: Funds shall be disbursed in the following manner for the following uses; 1, Maximum rehabilitation finding per unit is in accordance to the L11 P. 2. A project delivery fee, to complete program management and other project compliance activities conducted by staff or contracted party, of 10% of the rehabilitation cost shall be paid for each completed unit. Associated work to perform technical and administrative work involving the construction and renovation of residential properties. 3. An inspection fee of $250.00 will be paid for those homes that fail to meet the rehabilitation standards. This fee is only paid when a property fails to meet the criteria and no other fees will be paid to the SPONSOR in such circumstances. N ti M 0 0 0 0 L 0 z Packet Pg. 1540 16.D.18.e EXHIBIT "F" Quarterly PROGRESS REPORT Complete form for past month and submit to Community and Human Services staff by the 10'1i of the following month. Status Report for the Quarter Ending: Submittal Date: Project Name: Owner -Occupied Rehabilitation SPONSOR: Contact Person: Telephone: Fax: E-mail: PROPERTY UNIT DATA Number of units under rehab this period Number of units completed this period Number of units completed to date Number of homes inspected but not under contract Project Number: SHIP FY 14-15,15-16, er SMP 16-17 or SHIP 17-18 EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor Address Amount of Contract What events/actions are scheduled for the next month? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Date Signature Packet Pg. 1541 16.D.18.e IN WITNESS WHEREOF, the SPONSOR and the County, have each, respectively, by an. authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST; CRYSTAL,:K; YJNZEL•, CST i9 UA Atte$t a ChT SIg11�tu�B:pll.�jl�k'' �. �`� �1 DATE (SEA.,) Af By; A% zff4 A S OLIS, CFLUZMAN 6� (R3 ig DATE Rural Neighborhoods, DATE Approved as to form and legality: - lill�a P � Jenny er A. Betpedio' Assistant County Attorney \\\ OF it 0 0 c m a O N C O z c as E c as E a a_ x N ti M 0 0 O O L O a) z L c a� E O E m a -- (9 - Packet Pg. 1542 16.D.18.f FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND RURAL NEIGHBORHOODS, INCORPORATED This AGREEMENT is made and entered into as of this 14th day of August 2018, by and between Collier County, a political subdivision of the State of Florida (the "COUNTY" or "Grantee") and Rural Neighborhoods, Incorporated, a private not -for -profit corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, on June 27, 2017, Agenda Item 16.1).11, the County entered into an Agreement with Rural Neighborhoods, Incorporated to administer the State Housing Initiatives Partnership (SHIP) Owner Occupied Rehabilitation Program; WHEREAS, the Agreement incorrectly titled Rural Neighborhoods, Incorporated, as "SUBRECIPIENT" and needs to be corrected to "SPONSOR;" WHEREAS, in addition, the Agreement should have assignment language allowing for County consent before any assignment or subcontracting; WHEREAS, in the Agreement, Rural Neighborhoods, Incorporated, is the grant recipient, however, Everglades Housing Group, Incorporated, an affiliated entity, makes direct payments on behalf of Rural Neighborhoods Incorporated for services provided pursuant to this Agreement. Rural Neighborhoods reimburses the payment to the affiliate, therefore should be reimbursed by the County; and WHEREAS, the parties wish to amend the Agreement to include this additional language as stated below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the Agreement as set forth below. 1. All references in the Agreement to "Subrecipient" shall be amended to "Sponsor" throughout the Agreement. 2. Section VII, GENERAL CONDITIONS, SUBSECTION K is added as follows K. SUBCONTRACTS 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. Page 1 of 2 00) Packet Pg. 1543 16.D.18.f t 3. The following additional term is added to Section V, AGREEMENT AMOUNT as follows: Services performed by SPONSOR and paid for by Everglades Housing Corporation shall be reimbursed to the SPONSOR subject to validation of expenditure. 4. Except as modified by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. If there is a conflict between the terms of this First Amendment and the Agreement, the terms of this First Amendment shall prevail. IN WITNESS WHEREOF, the SPONSOR and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, . CLI Attest toa signatt onw. Appr�yed as to form and legality: miry R. Pe m Assistant CtH51y Attorney BOARD OF C T COMMI ERS CLERK COLLIER N , FLORI By: /MKD SOLIS, CHAIRMAN t t� Approved in absentia per Resolution 2000-149 on August 14, 20 8 Leo E. Ochs, Jr., County hAnager RURAL NEIGHBORHOODS, INCORPORATED By: S ve r nt Page 2 of 2 Packet Pg. 1544 16.D.18.g 16011 Grant - SHIP FY2014-20151,2015-2016 and 2016-2017 Activity: - Owner -Occupied Rehabilitation Program Subrecipient: -Rural Neighborhoods, IncoKporated DUNS # - 605098438 FETI #-65-1238417 CSFA # - 52.901 for FY 14/15 and 40.901 for FY 15/16 and 16/17 AGREEMENT BETWEEN COLLIER COUNTY AND Rural Neighborhoods, Incorporated THIS AGREEMENT is made and entered into this o2� day of 2017 N by and between Collier County, a political subdivision of the State of Flond�a, ("COUNTY" -~ or Grantee") having its principal address as 3339 E. Tamiarni Trail, Suite 211, Naples FL 34112, and -_- Rural Neighborhoods, Incorporated, a private not -for -profit corporation existing under the laws of the State of Florida, having its principal office 19308 SW 3801 Street Florida City, Florida 33034("SUBRECIPIENT,). r WHEREAS, the COUNTY is the recipient of State Housing Initiatives Partnership program (SHIP) Program funds; and WHEREAS, pursuant to the SHIP Program, the COUNTY is undertaking certain activities to primarily benefit persons or households earning not greater than 120% of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2013-2016 Local Housing Assistance Plan, as amended, was adopted by the Board of County Commissioners on April 23, 2013, Resolution No. 2013-94 and further amended; and WHEREAS, the Fiscal Year 2016-2019 Local Housing Assistance Plan, as amended, was adopted by the Board of County Commissioners on April 26, 2016, Resolution No. 2016-75 ;and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the owner occupied rehabilitation as specified in Exhibit "B" of this Agreement and in accordance with the aforementioned Local Housing Assistance PIans; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: i. SHIP- Owner Occupied Rehabilitation Page 1 of 29 Packet Pg. 1545 16.D.18.g 16011 I. DEFINITIONS AND PURPOSE A. DEFINMONS Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program, 420.9071 and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred as the SHIP Program). B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Service summarized in Section It of this Agreement. II. SCOPE OF SERVICE The SUBRECIPIENT shall, in a satisfactory and proper manner as determined by the N COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits BBC (Program Narrative and Budget Narrative) CM in accordance with the terms and conditions of Requests for Applications, Owner -Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle Fiscal Years ,. 2014-2015,2015-2016 and 2016-2017 SUBRECIPIENT's Application dated May 4, 2017. r 0 III. SPECIAL GRANT CONDITIONS r A. Within 30 days of the execution of this Agreement, the SUBRECIPIENT crust deliver to CHS for approval a detailed project schedule for the implementation through completion of the project to include staff assignment. B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body prior to the distribution of funds: I . Afrmative 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 Rehabilitation Act of 1973, as amended (29 U.S.C. 794,' 8. Fraud Policy 9. Marketing/Outreach Policy 10. Waitlist Policy Page 2 of 29 SHIP- Owner Occupied Rehabilitation Section 504 of the Packet Pg. 1546 1 16.D.18.g 1601, IV. PERIOD OF PERFORMANCE This Agreement shall be in effect from June 27, 2017 through June 30, 2019 and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit C (Budget Narrative). V. AGREEMENT AMOUNT It is expressly agreed and understood that the total amount to be disbursed by the COUNTY for the use by the SUBRECIPIENT during the term of the Agreement eement shall not exceed Six Hundred Thousand and 001100 Dollars($600,000). The budget identified for the Project shall be as follows: I 'Line Item Description SHIP Funds Project Component One: Rehabilitation to owner - occupied units. (Maximum per unit in accordance with LHAP) Project Component Two: Project Delivery Fee (maximum of 10% per total project cost) Project Com orient Three: Inspection for non - eligible properties (maximum $250.00) AL $ 536,250.00 $60,000* not to exceed for entire grant. $3,750.00 Modifications to the `Budget and Scope" may only be made if approved in advance by the COUNTY. Funds may be shifted to allow for the maximum number of units to be rehabilitated. All services specified in Section II. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and State requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement 0 upon completion of the work tasks as accepted and approved by CHS pursuant to the Q submittal of pay packet. SUBRECIPIENT may not request disbursement of SHIP funds until funds are needed for eligible costs. Reimbursement will not occur if SUBRECIPIENT fails to Page 3 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1547 16.D.18.g 1.601j perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of this Agreement. In the event that an extension to payment submission is not granted by the Grant Coordinator, the SUBRECIPIENT shall forfeit all outstanding requests for payment not submitted. 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 requested in writing by the Subrecipient authorized in writing by the County Manager or designee. No payment will be made until approved by CHS and audited by the Collier County Clerk of Courts for grant compliance and adherence to any and all applicable local, state or federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 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: SHIP Grant Coordinator Collier County Government Community and Human Services 3339 E Tamiami Trial, Suite 211 Naples, Florida 34112 Phone: 239-252-5312 SUBRECIPIENT ATTENTION: Rural Neighborhoods, Incorporated P.O. Box 343529 Florida City, Florida 33034 Email to: stevekirk@mmlneighborhoods.org Phone: 305-242-2142 VII. GENERAL CONDITIONS A. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements as outlined in Section Q 420.907 of the Florida Statutes and Chapter 67-3.7 of the FloridaAdministrative Code. Page 4 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1548 i 16.D.18.g The SUBRECIPIENT also agrees to comply with all other applicable state and local Iaws, regulations, and policies governing the fiords provided under this Agreement. The SUBRECIPIENT agrees to utilize funds available under this Agreement for the Owner Occupied Rehabilitation Program exclusively for repairs for persons and households, and for project delivery costs, inspection for failed eligibility and client eligibility, outreach and construction costs associated with the each completed unit. B. CODE OF ETHICS AND CONDUCT The SUBRECIPIENT shall comply with the Code of Ethics and Conduct for Homeownership Professionals developed by the Advisory Council for the National Industry Standards for Homeownership Education and Counseling. Adhering to this code of ethics is critical to demonstrating ethical conduct within the housing counseling profession. This code of ethics is not intended to replace, but rather to supplement, any code of ethics that the SUBRECIPIENT already uses in their organization. C. INDEPENDENT, CONTRACTOR N Nothing contained in this Agreement is intended to, or shall be construed in any M manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent r contractor" with respect to the services to be performed under this Agreement. The o COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent SUBRECIPIENT. r� D. WORKERS' COMPENSATION The SU13RECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this contract. E. INSURANCE The SUBRECIPIENT shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least $1,000,000 per occurrence in accordance with Exhibit A. F. R EMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT 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, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or Page 5 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1549 16.D.18.g intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision ofthe SUBRECIPIENT 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 SUBRECIPIENT 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 ofthis Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTOR RECOGNITION The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, M advertisements, descriptions of the sponsorships of the Program, research reports and v ; similar public notices prepared and released by the SUBRECIPIENT 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 SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. H. AMENDTS The COUNTY and/or SUBRECIPIENT 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 SUBRECIPIENT from its obligations under this Agreement. Page 6 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1550 16.D.18.g 1601 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 ofthe activities to be undertaken as part ofthis Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT 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. 1. SUSPEN ION 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. Upon written termination all housing units that are currently in the rehabilitation process i.e., CHS has approved initial inspection by 3' party for rehabilitation projector a contract has been signed between SUBRECIPIENT and contractor must be completed within the 90 day window of written termination notice. No exceptions will be made. In the event of any termination for convenience, all finished or unfinished documents, data, reports or other materials prepared by the SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT shall fail to fulfill in a timely and proper manner its obligations sander 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 SUBRECIPIENT of such termination or suspension ofpayment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Hpayments are withheld, Community and Human Services Division stair shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension ofpayments shall include, but not be limited to: * Ineffective use of funds. * Failure to comply with Section II, Scope of Service of this Agreement. * Failure to submit periodic reports as determined by the COUNTY. J. PURCHASING Page 7 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1551 16.D.18.g 1601 All purchasing for services and goods (all rehabilitation good and services shall be in accordance with Exhibit B of this Agreement), including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasine Threshold Polic Dollar Ran a notes Under $3K 1 Written Quote $3K to $50K 3 Written Quotes Above $54K Request for Proposal (RFP) t Invitation'for Bid B , etc.. The S ubrecipient shall enter into contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. N VM. ADMMSTRATIVE REQUIRE;MENI'S 77 A. RECORDS TO BE MAINTAINED 0 The SUBRECIPIENT shall maintain all records required by the COUNTY that are pertinent to the activities to be funded under this Agreement as established in Exhibits `B" (Program Narrative). ry B. RETENTION The SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years fiscal years after the funds have been expended and accounted for, provided applicable audits have been released. Notwithstanding the above, ifthere is Iitigation, 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 ofthe ten-year period, whichever occurs later. C. DISCLOSURE The SUBRECIPIENT shall maintain records in accordance with Florida's Public Information Law (F.S. 119). a D. CLOSEOUTS Page 8 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1552 16.D.18.g 16011 SUBRECIPIENT'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 IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated fiords which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refimded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. E. AUDITS AND INSPECTIONS 1. Audits Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that the SUBRECIPIENT expends a total amount of State awards equal to or in excess of $500,000 in any fiscal year of such SUBRECIPIENT, the SUBRECIPIENT 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,SUBRECIPIENT 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 reportingpackage must be delivered to the COUNTYwithin 45 days after delivery of the financial reporting package to the SUBRECIPIENT but no later than 180 days after the SUBRECIPIENT's fiscal year end Submit the financial reportingpackage and .F.xhibit G to the Grant Coordinator. If the SUBRECIPIENT expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the SUBRECIPIENT expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds. 2. Inspections a The SUBRECIPIENT'S records with respect to any matters covered by. this Page 9 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1553 16.D.18.g F G 1 60-11 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. MONITORING The SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on - site monitoring visit and evaluation activities as determined necessary. 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 SUBRECIPIENT 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 SUBRECIPIWr shall allow CHS to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals F 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 SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 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 recipients, SUBRECIPIENTS, 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. Page 10 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1554 16.D.18.g 1601 CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of five percent (S%) 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 often percent (10%) of the awarded M amount be returned to the Division, at the discretion of the CHS Director. 77 T • The entity will be considered in violation of Resolution 2013-228 0 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. N • 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. PAYMENT PROCEDURES The Coup or designee may perform a review and ' E County � Y p inspection of the Project prior to � each additional Disbursement, verifying that the costs claimed are allowable, unit rehabilitation is satisfactory, and reports are timely as outlined under the provisions a of this Agreement. Failure to submit required progress reports in accordance with Exhibit F may result in payment delays as determined by Community and Human. Page 11 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1555 16.D.18.g 1601 Services. I. PROORESS REPORTS The SUBRECIPIENT shall submit regular Quarterly Progress Report (Exhibit F) to the COUNTY in the form, content and frequency required by the COUNTY. IX. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small E 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" a means a business at least fifty-one (51) percent owned and controlled by minority group a members or women. For the purpose of this definition, "minority group members" are Afro- F Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations N by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. T T X. PROHIBITED ACTIVITY The SUBRECIPIENT 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. M. 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. XH. 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 ftmds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which Page 12 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1556 16.D.18.g 16011 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 SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member ofthe County Commissioners and for County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT 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 SUBRECIPIENT, 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 sward 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 SUBRECIPIENT 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, arid SHIP guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT, of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: I . Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; Page 13 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1557 16.D.18.g 160a 3. Require immediate repayment by SUBRECIPIENT to the County of all SHIP funds SUBRECIPIENT 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 SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. XIV. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS c=n ENTERPRISES N The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small o business" means a business that meets the criteria set forth in section 3(a) of the Small C° Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" ti means a business at least fifty-one (5I) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro- N Americans, Spanish-speaking, Spanish sumamed or Spanish heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an CD independent investigation. P XV. AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY''s specifications an A umiative 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 SUBRECIPiENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. XVI. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any SHIP- Owner Occupied Rehabilitation Page 14 of 29 Packet Pg. 1558 I; 16.D.18.g 16011 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 SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate -income residents ofthe project target area. The SUBRECIPIENT 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 SUBRECIPIENT. 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 SUBRECIPIENT's ability to self manage the projects using its own employees. XVH- INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT 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. XJX. 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 196.01 I .The SUBRECIPIENT 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 SHIP- Owner Occupied Rehabilitation Page 15 of 29 Packet Pg. 1559 1 16.D.18.g 16011 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. XK COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) enumerated pages and the exhibits and attachments referenced herein., shall be executed in two counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Page 16 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1560 16.D.18.g IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST. : ZDW1G1ff1T,E..]33R0q.0 CLERK Attest as to Chairrh t p Y Clerk signature only. Dated: (e1ol 141A-. (SEAL) BOARD TY COMMISSIONERS OF COLLIE O Y, FLORIDA By. - Penny Taylo , 'rman Date: & a7-/-� Rural Neighborhoods, Incorporated i i By: ubreci 'ent i Print Name Date: Z/�/ Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney? [I7-SOC-00754/1341506/1] Page 17 of 29 SHIP- Owner Occupied Rehabilitation 16011 Packet Pg. 1561 16.D.18.g 16011 EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Cerdficate(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. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1-- 3 above, a Certificate of insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence($1,000,000 aggregate'providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1— 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following typesof 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 N r- M r 0 Page IS of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1562 16.D.18.g structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT 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). OPERATiON/MANAGEMENT PHASE (tF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract; 7. Workers, Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. SHIP- Owner Occupied Rehabilitation Page 19 of 29 16DI Q Packet Pg. 1563 1 16.D.18.g 16011 EXHIBIT B PROGRAM NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The Owner Occupied Rehabilitation Program is designed to assist income eligible homeowners that own and occupy their home by providing SHIP funds to assist with necessary repairs to correct code violations or emergency repairs that impact their health, safety and welfare. The home must be suitable for rehabilitation and located within the unincorporated and incorporated areas of Collier County. The Owner Occupied Rehabilitation Program may be administered in accordance with Collier County's Rehabilitation Standards (incorporated by reference, and as amended) and shall be administered in accordance with the Owner Occupied Rehabilitation Assistance Strategy as outlined in the County's 2013-2016 and 2016-2019 SHIP Local Housing Assistance Plans, as amended (incorporated by reference). A. DESCRIPTION OF WORK TO BE PERFORMED Cn CHS will be responsible for final approval of income eligibility of all applicants. CHS is responsible M for recording liens against the homeowner prior to the issuance of the NTP and once the v improvements are completed. CHS will ensure compliance with respect to all applicable SHIP regulations and coordinate with athird-partyinspector to conduct the initial and final inspections of the completed rehabilitation. The third -party inspector will also evaluate the property and work write-ups prior to the SUBRECIPIENT issuing the ITB's or requests for quote. The SUBRECIPIENT will carry out the housing rehabilitation contract management and inspection N of the Owner Occupied Rehabilitation Program. The SUBRECTIENT shall technical perform and administrative work involving the repair and renovation of residential properties in the program similar to the following steps listed below: E d d L 1. Meet with homeowner, conduct testing and provide evaluation to determine the needs of the home a along with any health safety issues not identified that would impact the County's ability to authorize the work. Once evaluation is complete, the SUBRECIPIENT will create a scope of work for the unit 0 and an Independent Cost Estimate and submit to CHS for review and approval. o 2.The SUBRECIPIENT will issue an Invitation to Bid (ITB) or quote utilizing the County's T Purchasing Policy to potential building contractors for each property. Each ITB or quote will be Z advertised in accordance with the County Purchasing Policy . SUBRECIPIENT shall be responsible for issuing the FM or quote, responding to questions, conducting the walk-through with the potential contractors( if necessary) and making the recommendations for awards. 3. The SUBRECIPIENT shall have 120 days from NTP approval by CHS until final inspection m E approval, by the third party inspector to complete the rehabilitation. In the event that the SUBRECIPIENT fails to complete the necessary rehabilitation within the time frame the project a delivery fee associated with the unit shall be forfeited unless CHS allows time extension. In the Page 20 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1564 16.D.18.g 160, event of an unforeseen delay a written explanation and approval must be obtained from the SUBRECIPIENT, for CHS to allow any time extension to the rehabilitation. 4. In the event a change order is necessary, the SUBRECIPIENT is permitted to authorize a change order up to $500.00 per rehabilitation unit. No change order will be approved if the change order exceeds the per unit maximum as .outlined in the LHAP. In the event the change order exceeds $500.00, the SUBRECIPIENT shall seek prior approval, from CHS staff and/or the County's third party inspector. The Change order approval must be in writing and submitted at the time of the payment request. In the event that the approval is not obtained or provided, the SUBRECIPIENT will not be reimbursed. 5 .Close out documentation, any warranties transferred to homeowner, and submission of all final pay requests to CHS. S.As issues arise, the SUBRECIPIENT shall serve as mediator to resolve any contract disputes between homeowner and the contractors, while providing support and guidance to the homeowner throughout the process. B. WORKING HOURScm M r Regular service shall be made available between the hours of 8:00 AM to 5:00 PM, Monday through Friday, excluding County recognized holidays. There may be times when the SUBRECIPIENT may o have to accommodate the homeowner and be available after hours. co C. ESTIMATES: The SUBRECIPIENT shall. solicit estimates/quotes based on the County Purchasing Policy referenced herein, on all rehab projects and provide those estimates to the County prior to final contractor selection. D. LEVELS OF ACCOMPLISHMENT 1. Successful repair and closeout of an eligible owner -occupied housing unit. 2. Quarterly submittal of Progress Reports. E. PROJECT RECORDS The SUBRECIPIENT will be required to make working papers available, upon request, without charge, to any federal, state or Collier County agency upon request. Records shall include at a minimum, the following and provide to the County as requested or at r Project Closeout: a Page 21 of 29 SHIP- Owner Occupied Rehabilitation ; Packet Pg. 1565 16.D.18.g 1601 I. Written inspection report on the unit describing code violations, or issues deemed a health, safety and/or welfare issue, or emergency repairs; a work write-up providing detailed specifications to be used in addressing the code violations or health/safety/ welfare issues or, and general property and energy efficiency improvements, an in-house cost estimate, copies of all bid documents and recieved bids. 2. Copy of executed contractor purchase order/agreement and homeowner agreement. 3. Evidence of complete and successful repair of an eligible housing unit. 4. Proof of an acknowledge agreement between the SUBRECIPIENT and the homeowner and a contractual agreement between the SUBRECIPIENT and the contractor (or subcontractors) licensed to pull required permits in Collier County. Proof of completion of the repairs identified in the work write-up, as evidenced by the following: • Certificate of occupancy or Lard cards showing County building official approval of work requiring County permit; • Inspection by the CHS third party inspector as to the completion of work performed by the contractor (or subcontractors); • A copy of the release of liens for each contractor; • A copy of the check paid to each contractor (or copies of checks paid to subcontractors) by the SUBRECIPIENT. • Before and after pictures of work completed. • Signature of homeowner confirming satisfaction of work completed. In case of a refusal of signature on behalf of the homeowner, a letter from the SUBRECIP= is required. • Change orders, if applicable and documentation of approval. • Bid documents (solicitation notice, bid tabulation and bid advertisement.) N r- M 0 Page 22 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1566 16.D.18.g 1601� EXHIBIT C BUDGET NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The total SHIP allocation to SUBRECIPIENT for the Owner -Occupied Rehabilitation Program shall not exceed Six Hundred Thousand and 001100 ($600.000.00). Sources for these funds are as follows: 2014-2015 114,000.00* $1250.00 $124,750.00 $140,000.00** 2015-2016 $20, 000. 00* $1250. 00 v 78, 750.00 $20q 000. 00 * * 2016j-2017y= $226],,-0j�00j.00 $11250.00 232,750.00 S260,,_000.00* x'ilL._+.(fSiG In tl�i#l�YNilt #1�ibkF /( rru Aimu►R project aeavely. a ** expenditure deadline for 14115 is June 2018, 15116 is June 2018 and 16117 is June 2019 and or v=i as extended and approved by Florida Housing Finance Corporation r N Funds may be shifted between project delivery, inspection for non -eligible and rehab to allow for the maximum amount of funds to be expended. A housing unit can not be split between FY funding allocations. r Uses of these funds are as follows:. Funds shall be disbursed in the following manner for the following uses: 1. Maximum rehabilitation funding per unit is in accordance to the LHAP. 2. A project delivery fee, to complete program management and other project compliance activities conducted by staff or contracted party, of 10% of the rehabilitation cost shall be paid for each completed unit. Associated work to perform technical and administrative work involving the construction and renovation of residential properties. I An inspection fee of $250.00 will be paid for those homes that fail to meet the rehabilitation standards. This fee is only paid when a property fails to meet the criteria and. no other fees will be paid to the SUBRECIPIENT in such circumstances. Page 23 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1567 1 16.D.18.g 16011 EXHIBIT D REPORTING REQUIREMENTS OWNER -OCCUPIED REHABILITATION PROGRAM Type of Report Period Covered/SupportingCovered/Supporting Documents Date Due I. Quarterly By the 151' of the Progress Report • Exhibit "F"- Quarterly Progress Report following month. Other: • Listing of any special issues or items of concern to SUBRECIPIENT relating to the Rehabilitation. 2. Financial & • Copy of Annual Audit 180 days after end of Compliance Audit • Exhibit "G"- Annual Audit Monitoring Report fiscal year, until monitoring end date 3. Insurance • Liability and Office and Director Annually within 30 days of expiration 4. Invoice Exhibit "E"- Request for Payment Monthly or upon rehab completion whichever comes first Page 24 of 29 SHIP- Owner Occupied Rehabilitation Packet Pg. 1568 16.D.18.g EXHIBIT "E" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Sub recipient Address: Project Name: SHIP Owner Occupied Rehabilitation Project No: Payment Request # Total Payment: Period of Availability: The Agency has incurred the indebtedness listed below between SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sun of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request and $0.00 $0.00 $0.00 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $0.00 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 SUBRECiPIENT. 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) SHIP- Owner Occupied Rehabilitation Date Authorizing Grant Accountant Department Director (approval required $15,000 and above) Page 25 of 29 Packet Pg. 1569 16.D.18.g EXHIBIT "F" Quarterly PROGRESS REPORT Complete form for past month and submit to Community and Human Services staff by the 1Oh of the following month. Status Report for the Quarter Ending: Project Name: Owner- Occupied Rehabilitation SUBRECIPIENT: 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 EXPENDUUM DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor What events/actions are scheduled for the next month? Submittal Date: Project Number: SHIP FY 14-15,15-16 or SHIP 16-17 Address Date Signature Page 26 of 29 SHIP- Owner Occupied Rehabilitation Amount of Contract N ti M c' d E' s �a a Packet Pg. 1570 16.D.18.g EXHIBIT "G" ANNUAL AUDIT MONITORING REPORT 160, -� iw., �a�a�a� a+l�aDlll� 7l lr er awarwso ;owrninwfspbeib-do n comp iarrt with establishe, audit ru�rerrients AoCoridingly Coiker C©u11ty requires that aN al�pinpnate docurdental provided regarding your or�rl¢atxs BompNanee,; In.detetrriining t'Bderavitards."ex©ended_� a"5sref ......... r-wa ♦7RBlYlp:G I�:SJf" - utrements ' "-' a - - .. F rre..c.vaf sbbftGiplertt Fiat Date:aEf Fiscal Year M"plYY Last Date cifFfacal Year MAAID TtalFadwal Financial Assistance Ex Pl�Pded °Total Slate Flnatnciai'Ae# nce E 'pendsd ur rl Toast durin' most;reeerr " :eam feted Fisealear recen care+ f etedFiacat ireaT Check A or B. Check C if applicable.` The #ederr ilstate axpend'tljr: "th11 reshold farour:fisca1 yearendin9 asin .icatedabgve'has been r1let:an_d a.Gireular:: o A '133"or 2 CFR"�Part 2QU, Subpart F Single Audit has been completed or Mi be completed by Co !es of the audiurp rt and ins ement letter ate attanhed or will #►e..rovided within 30: da of com etion. We are not subject to the requirBments of OMB. Circular-A-1"33 or 2 CTR Part 200, Subpart F because we: . ❑ Did not exceed the "expenditure threshold for the^iseal year indicated above ❑ Are afor-profit organization ❑ Are exerrro"dr other-re'asons explain An audited financla! statement is c ached and if applicable, the independent. auditor's management letter. . FFdings were noted;a.current Status Update of the Tesponses andcorrective aQtionplan. is included separfTom:,ritten response provided within the audit report Whiiewe understand tlrtat the audit reporYcontains.a written❑ onse to the funding fs), we are. requesting. an bpdated status of the corrective adlon(s) tieing taken Please `dorpvide j'u5t a spy of the wriiten response item your Audi#report, unless.it included details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. f �,r ww.w,++tvicun�[vI} lsi Q SCC tC 4 t 9 Signature i Date Print Name and Title SHIP- Owner Occupied Rehabilitation Page 27 of 29 Packet Pg. 1571 16.D.18.g EXHIBIT "H" COLLIER COUNTY CONSTRUCTION REHAB PROGRAM MANUAL OF PRACTICE SELECTIVE REHAB PROCEDURES as may be amended from time to time. Page 28 of 29 SHIP- Owner Occupied Rehabilitation 1. 6 0 1 Packet Pg. 1572 16.D.18.g EXHIBIT "I" ORDINANCE "COLLIER COUNTY OWNER -OCCUPIED REHABILITATION PROGRAM" Page 29 of 29 SHIP- Owner Occupied Rehabilitation 16D11 Packet Pg. 1573 16.D.18.g 16011 MEMORANDUM Date: June 28, 2017 To: Kristi Sonntag, Grants Manager Community & Human Services From: Teresa Cannon, Deputy Clerk Minutes and Records Department Re: SHIP OOR Agreements w/Habitat for Humanity and Rural Neighborhoods, Inc. Attached for your records are two (2) originals of each document referenced above (Item #16D11) approved by the Board of County Commissioners on Tuesday, June 27, 2017. An original of each has been kept by the Minutes and Records Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you Packet Pg. 1574 16.D.18.g NAL DOCUMENTS UTING ORJE O�ACCOMPANY ALL ORIGINALDOCUMENTS SENT TOLP 1 6 0 1 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 reeeived 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 41 thmugh #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. Jennifer A_ Bel edio, ACA County Attorney Office 2. BCC Office Board of County Commissioners VF .1 3. Minutes and Records Clerk of Court's Office 1 Q 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 Kristi Sonntag Phone Number 252-2486 Contact / De artment . Agenda Date Item was 06/27/2017 _ / Agenda Item Number -Approved by the BCC v l Type of Document SHIP OOR Agreements with Habitat for Number of Original 6 C3) tz. Attached Humanity and Rural Neighborhoods, Inc. Documents Attached PO number or account number if document is ! }� to be recorded R► I INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable cohunn, whichever is Yes NIA (Not apgopriate. (Initial) A licable 1. Does the document require the chairman's original signature? S.{o M1 2. 1 Does the document need to be sent to another agency for additiN4sies, NA provide the Contact Information(Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signe&initialed for legal sufficiency. (All documents to be KS 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 4M �r 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 KS 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 KS signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip NA 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 flame or the BCC's actions are nullified. Be aware of your deadlines! B. The document was approved by the BCC on 6/27/2017 and all changes made KS during the meeting have been incorporated in the attached document. The County Attorn 's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's i ature. A H _ 0 V 3 0 t) 3 d Z m c a� E _ a� E Q a_ x to N I- M 0 ca I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24,05; Revised 1113D/12 Packet Pg. 1575 16.D.18.h �, ,,,1/ice Memorandum 0,, Thru; Kristi Sonntag, Director Community and Human Services Division To: Leo E. Ochs Jr., County Manager From: Lisa N. Carr, Senior Grants Coordinator Community and Human Services Division Date: June 9, 2020 Subject: State Housing Initiatives Partnership (SHIP) Extension Approval Request -- Agreement Between Collier County and Rural Neighborhoods, Inc. (BCC approved Sponsor Agreement June 27, 2017, Agenda Item 16.13.11, first amended ratified on September 11, 2018 Agenda Item 16.F.1 and second amended October 23, 2018, Agenda Item 16.D.5) Pursuant to the SHIP sponsor agrcement between Collier County and Rural Neighborhoods, Incorporated, Section V. Agreement Amount, "The County Manger 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 Subrecipicnt." Collier County staff anticipates the SHIP Owner Occupied Rehabilitation Assistance projects maybe be completed by the grant deadline June 30, 2020, but not all payments for reimbursements will be processed and paid before the grant agreement expires. The sponsor is concerned about receiving final payment for the SHIP Owner Occupied Rehabilitation Assistance projects since the agreement will shortly expire. Therefore, the sponsor is requesting a 6-month extension of the agreement deadline to allow them to receive payment. A letter of approval granting the extension requests has been prepared for your signature. We have enclosed the subrecipient's written extension request for your consideration. Staff have reviewed the request and deem the request reasonable and recommend the extension be granted, If you have any questions, you may call Lisa Carr ext. 2339 Cc: file Community and Human Services Public Services Division Packet Pg. 1576 16.D.18.h t Office of the County Manager Leo E. Ochs, Jr. 32 99 Tamiami Trail East, Suite 202 Naples Florida 34112-5746 - (239) 252-8383 FAX; (239) 252-4010 June 10, 2020 M c 0 W V Rural Neighborhoods, Inc. Steven Kirk, President 19308 SW 3801h Street v Florida City, FL 33034 3 ar z Dear Mr. Kirk, � ar I am in receipt of your request for an extension, dated May 27, 2020 sent to Ms. Sonntag, Director, Community and Human Services, for the SHIP Owner -Occupied Rehabilitation Program -Agreement #SHIPOOR2017-002. Q a Your request for a 180 day -day extension is approved, per your contract terms, W It is imperative that your project be completed by December 27, 2020. The project is essential to the ti County meeting its State timeliness requirement and any further delays may impede the County from meeting this critical compliance requirement. Sincerely, a Leo E, Ochs, Jr. County Manager L Packet Pg. 1577 16.D.18.h RURAL NEIGHBORHOODS, INC. Post Office Box 343529, 19308 SW 380 h Street, Florlda City, FL 33034 Telephone 305-242-2142 Facsimile 305-242-2143 May 27, 2020 Ms. Kristl Sonntag Collier County Community & Human Services . 3339 TamiamI Trall, Suite 21.1. Naples, FL 341.1.2 Dear Ms. Sonntag: Rural Neighborhoods, Inc. requests an extension for the SHIP Owner -Occupied Rehabilitation program. Our existing agreement expires June 30, 202(;!, Since we have several outstanding pay requests that may not be processed and paid by the expiration date, Rural Neighborhoods requests a six-month extension to the agreement to allow sufficient time for all pay requests to be reimbursed, Please let me know if additional Information Is needed. Sincer �ly, en Kirk President 1 Packet Pg. 1!78