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Agenda 12/14/2021 Item #16D14 (2 SHIP Sponsor Agreements for Rental Rehabilitation Agreements w/Oak Marsh, LLC)12/14/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairperson to sign two (2) State Housing Initiative Partnership Sponsor Agreements, a Rental Acquisition Agreement between Collier County and Community Assisted and Supported Living, Inc. in the amount of $600,000 and a Rental Rehabilitation Agreement between Collier County and Oak Marsh, LLC in the amount of $450,000. (SHIP Grant Fund 791) OBJECTIVE: To continue to promote affordable housing strategies for very -low, low-, and moderate - income persons through the State Housing Initiatives Partnership Program (SHIP). CONSIDERATIONS: The William E. Sadowski Affordable Housing Act provides funding to local communities to promote and advance affordable housing initiatives. Funds are generated through documentary stamp tax on real estate transactions. Under the SHIP Program, Collier County and the City of Naples receive funds from the State of Florida through the Florida Housing Finance Corporation to undertake eligible activities. On April 23, 2019, (Agenda Item #16D1), the Board of County Commissioners (Board) adopted the SHIP 2019-2022 Local Housing Assistance Plan (LHAP). This LHAP includes the Rental Acquisition and Rental Rehabilitation Strategies. The Rental Acquisition strategy allows the County to use SHIP funds to support for -profit or non-profit organizations to acquire rental units within Collier County for income eligible renters. The Rental Rehabilitation strategy is designed to support for -profit or non-profit housing landlords/owners who have site control and ownership of the properties to rehabilitate existing single family, multifamily, or mobile/manufactured rental units on scattered sites or within a rental complex. Annually, the Community and Human Services (CHS) staff advertise an application cycle to secure organizations to implement SHIP strategies. The application cycle was from January 2021 through February 2021. CHS received a total of thirty-three (33) applications and four (4) were for SHIP eligible projects. On March 3, 2021 the Review and Ranking committee met to review all applications. The committee selected Community Assisted and Supported Living, Inc. (CASL), and Oak Marsh, LLC (Oak Marsh) for award. The following is a summary of each of the recommended agreements: • CASL operates as a non-profit serving Southwest Florida with a focus on persons with disabilities. The Sponsor Agreement provides for CASL to acquire two (2) properties to be used to provide affordable rental housing for income eligible persons with disabilities. The total award is $600,000 and the funds will be wired at the time of closing. • Oak Marsh, LLC as a non-profit landlord/owner, operates within Southwest Florida serving households with annual gross income equal to or below one hundred and twenty percent (120%) for the Collier County Statistical Areas. The Sponsor Agreement provides Oak Marsh, LLC with $450,000 to replace the roofs on nine (9) buildings that compromise forty-one (41) units and provide site drainage improvements in the Immokalee community. Both Sponsors will be responsible for executing a promissory note and mortgage for an affordability period of twenty (20) years in favor of Collier County, pursuant to the LHAP. FISCAL IMPACT: The funds, totaling $1,050,000, are available in the SHIP Grant Fund (791), Project 33686 and 33759. The proposed action does not have any impact on the General Fund. Packet Pg. 1837 12/14/2021 LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: Acceptance of these agreements 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 Chairperson to sign two (2) State Housing Initiative Partnership Sponsor Agreements, a Rental Acquisition Agreement between Collier County and Community Assisted and Supported Living, Inc. in the amount of $600,000 and a Rental Rehabilitation Agreement between Collier County and Oak Marsh, LLC in the amount of $450,000. (SHIP Grant Fund 791) Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1.OAK MARSH SHIP RENTAL REHABILITATION AGREEMENT (PDF) 2. CASL SHIP RENTAL ACQUISITION AGREEMENT (PDF) Packet Pg. 1838 16.D.14 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.1).14 Doe ID: 20575 Item Summary: Recommendation to approve and authorize the Chairperson to sign two (2) State Housing Initiative Partnership Sponsor Agreements, a Rental Acquisition Agreement between Collier County and Community Assisted and Supported Living, Inc. in the amount of $600,000 and a Rental Rehabilitation Agreement between Collier County and Oak Marsh, LLC in the amount of $450,000. (SHIP Grant Fund 791) Meeting Date: 12/14/2021 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 11/03/2021 4:48 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 11/03/2021 4:48 PM Approved By: Review: Community & Human Services Jacob LaRow Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Community & Human Services Blanca Aquino Luque Additional Reviewer Community & Human Services Todd Henry CHS Review Operations & Veteran Services Kimberley Grant Additional Reviewer Public Services Department Todd Henry Public Services Department Grants Erica Robinson Level 2 Grants Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Public Services Department Dan Rodriguez PSD Department Head Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Growth Management Operations Support Christopher Johnson Grants Therese Stanley Additional Reviewer County Manager's Office Sean Callahan Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 11/08/2021 11:58 AM Completed 11/08/2021 7:11 PM Completed 11/08/2021 7:57 PM Skipped 11/10/2021 7:51 AM Completed 11/10/2021 5:51 PM Completed 11/12/2021 9:35 AM Completed 11/18/2021 8:17 AM Completed 11/18/2021 3:03 PM Completed 11/18/2021 4:57 PM Completed 11/19/2021 8:31 AM Completed 11/19/2021 11:38 AM Additional Reviewer Completed Completed 11/30/2021 1:00 PM Completed 12/06/2021 7:43 AM 12/14/2021 9:00 AM Packet Pg. 1839 16.D.14.a Grant - SHIP FY 2021-2022 Agreement##: SHRR-21-001 Activity: Rental Rehabilitation SPONSOR: Oak Marsh, LLC CSFA ##: 52.901 Total Award Amount: $450,000.00 DUNS #: 019726347 FEIN: 65-0959425 Period of Performance: December 14, 2021 through June 14, 2023 FISCAL YEAR: December 31" MONITORING END: October 31, 2043 AGREEMENT BETWEEN COLLIER COUNTY AND OAK MARSH, LLC Rental Rehabilitation Program THIS AGREEMENT is made and entered into this day of , 2021, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 E. Tamiami Trail, Suite 211, Naples FL 34112, and Oak Marsh, LLC (Oak Marsh) (SPONSOR) a not -for -profit corporation existing under the laws of the State of Florida, having its principal office 19308 SW 3801" Street, Florida City, FL 33034. 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 WHEREAS, the State Housing Initiatives Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program; and WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertaking certain activities to primarily benefit persons or households earning not greater than 120 percent of median annual income adjusted for fannily size; and WHEREAS, the Fiscal Year 2019-2022 Local Housing Assistance Plan (LHAP), as amended, was adopted by the Board of County Commissioners on April 23, 2019, Resohution No. 2019-109; and WHEREAS, the COUNTY and the SPONSOR desire to provide Rental Rehabilitation, in accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and Oak Marsh, LLC S111Mt-oat SHIP Rental Rehabilitation Program Packet Pg. 1840 16.D.14.a WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings, as specified in Exhibit B, and determines that they are valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: PART I SCOPE OF WORK The SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required as a condition of the providing SHIP fiends, as determined by Collier County Community and Human Services (CHS), perform the tasks necessary to conduct the program as follows: Project Name., Rental Rehabilitation Description of project and outcome: The Project is for the rehabilitation, repair and/or roof replacement for nine (9) buildings that comprise forty-one (41) affordable residential units in additional to adding site drainage improvements, and all associated cost to include but not limited to mobilization and permitting. Project Component One: Rehabilitation, repair and/or Roof Replacement of existing rental property and adding site drainage improvements. A, Project Tasks: 1. Initiate Solicitation 2. Select Contractor Bid. (a minimum of three bids are required) 3. Issue Contractor's Notice to Proceed 4. Obtain Liability, Workers Comp and Property Insurance 5. Execute Contractor Agreement 6. Apply for Permits 7. Schedule Inspection for Certificate of Completion B, SHIP Documentation Requirements Compliance Criteria: Activities carried out with funds Under this Agreement will be performed in compliance with State Housing Incentives Partnership (SHIP) Program, Florida Statute 420.9071, and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program). 1.1 DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program, Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program). Oak Marsb, LLC SHRR21-001 Sr-11P Mental Rehabilitation Program, Packet Pg. 1841 16.D.14.a B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SPONSOR will implement the Scope of Work summarized in Section 1.2 and Exhibit B of this Agreement. 1.2 SCOPE OF WORK The SPONSOR shall, in a satisfactory and proper planner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits B and C (Rental Rehabilitation Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, Rental Rehabilitation, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2021- 2022, and SPONSOR's Application dated February 5, 2021, 1.3 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SPONSOR must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 504 / ADA Z Fraud Policy ❑ Language Assistance and Planning Policy (LAP) ❑ Violence Against Women Act (VAWA) Policy ® Tenant Waitlist Policy ® Tenant Grievance Policy ® Tenant Guidelines (Income) ❑ Marketing Plan ® Property Maintenance Plan ® Capital Needs Assessment Plan C. Annual SPONSOR Training Sponsors with Prior Agreement(s) with COUNTY: All SPONSOR staff assigned to the administration and implementation of the Project, established by this Agreement, shall attend the CHS-sponsored Annual Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered training relevant to the Project, as determined by the Grant Coordinator, not to exceed two (2) sessions. Oak Marsh, LLC SHfflu l -001 SHIP Rental Rehabilitation Program Z Packet Pg. 1842 16.D.14.a 1.4 PROJECT DETAILS A. Project Description/Budget Description State Amount Project Component 1: Roof repair, rehabilitation and/or replacement including all associated cost $450,000.00 Total State Funds $450,000.00 The SPONSOR may, with prior COUNTY approval, adjust the budget between Project Components, as needed, to respond to the needs of the community. Total expenditures may not exceed the Total State Funds, The SPONSOR will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain, and provide to the COUNTY as requested, beneficiary income certification documentation, retained at SPONSOR location ® Maintain Eligibility Documentation, retained at SPONSOR location ® Provide Quarterly Reports on project progress ® Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS ® Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Manager ® Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components, as detailed in Exhibit B C, Performance Deliverables Program Deliverable Supporting Documentation Submission Schedule Special Grant Policies Policies as stated in this Within 60 days of Agreement Section 1.3 B Agreement execution Insurance Proof of coverage in At time of Agreement (Flood, Property, O&D) accordance with Exhibit A execution and annually within 30 days after renewal Detailed Project Schedule Project Schedule Within 60 days of Agreement execution Project Plans and N/A NA Specifications Oak Marsh, LLC SHRR21.001 4 SHIP Rental Rehabilitation Program Packet Pg. 1843 16.D.14.a Program Deliverable StxlTorting Documentation Submission Schedule Progress Report Progress report, detailing 10 days after the end of the accomplishments Exhibit E calendar quarter until Month January 10, 2022 and annually thereafter Annual Audit Monitoring Exhibit E Annually, within 60 days after Report 1"Y end SPONSOR Audit Audit report, Management Within 9 months for Single Letter, and Supporting Audit (otherwise 180 days) Documentation after the end of the SPONSOR fiscal year through 2043 Continued Use Certification Continued Use Certification Annually Until 2043 Tenant Lease Agreement Lease Within 60 days of signing this agreement and addendunas or changes thereafter through the period of affordability. Operating Expense Report Actual vs. Budget, revenue 30 days after the end of the and expense report and all SPONSOR'S fiscal year supporting documentation, as requested Operating Expense Budget Detailed Operating budget for Initial report due after lease - Report the next fiscal year up and annually thereafter, prior to start of SPONSOR fiscal year, until 2043 Capital Needs Assessment Plan approved by the Initial Plan due after lease -up Plan COUNTY and annually thereafter, prior to start of SPONSOR fiscal ear, until 2043 Maintenance Plan Plan approved by the At the time of completion of COUNTY unit(s), with annual submission if plan is revised Register of Tenant Income Summary of Tenant Income At time of full lease up and and Rent and Income Limit, Rent and annually thereafter until 2043 Rent Limit, by unit (Rent Roil Maintenance Agreement Executed 3`d Party Agreement Initial lease -up and annually thereafter throughout the affordability period, if applicable, until 2043 D. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component 1: Roof 1. Exhibit D along with invoice Due at the completion rehabilitation, repair and /or and proof payment as evidenced of the project replacement of existing rental by cancelled checks or bank Oak Marsh, LLC SHRR21-001 SHIP Rental Rehabilitation Program Packet Pg. 1844 16.D.14.a and adding site drainage improvements and all associated cost 1.5 PERIOD OF PERFORMANCE statements, and any other documents as requested 2. Contractor Bid Recommendation w/Bid Tab 3.Approved Contractor Recommendation/ Notice to Proceed 4.Waiver of Lien Release 5. Contractor Agreement 6. Permits 7. Certificate of Completion 8. Contactor's Invoice 9. Promissory Note 10. Mortgage 11. Land Use Restriction Agreement 12. Services performed by SPONSOR and paid for Everglades Housing Corporation shall he reimburse to the Sponsor subject to validation of itures SPONSOR services shall begin on December 14, 2021 and end on June 14, 2023. This Agreement must remain in effect throughout the development process of the Project and is terminated upon completion of rent rehabilitation. The SPONSOR is responsible for ongoing reporting, subject to onsite monitoring, tenant income qualification activities, and continued use for an affordability period of 20 years. In any event, SPONSOR shall complete all services required hereunder prior to June 14, 2023 Any finds not obligated by the expiration date of this Agreement shall autoinatically revert to the COUNTY. 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. 1.6 AGREEMENT AMOUNT The COUNTY agrees to make available FOUR HUNDRED AND T`I TY THOUSAND DOLLARS and ZERO CENTS ($450,000.00) for use by the SPONSOR, during the term of the Agreement (hereinafter referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved by COUNTY, in advance. All services/activities specified in Part 1 Scope of Work shall be performed by SPONSOR or its subcontractors who meet State requirements. Contract administration shall be managed by Oak Marsh, LLC SI-IRR21-001 SFHP Rectal Rehabilitation Program c cam' Packet Pg. 1845 16.D.14.a SPONSOR and monitored by CI -IS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SPONSOR for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SPONSOR may not request disbursement of SHIP funds until fiends are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SPONSOR may expend fiends only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during that month, or if the SPONSOR is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SPONSOR when requested as work progresses but not more frequently than once per month. Reimbursement will not occur if SPONSOR fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1 A.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, 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." 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY Oak Marsh, LLC SHRR21-001 SHIP Rental Rehabilitation Program ATTENTION: Lisa N. Carr, Senior Grants Coordinator Collier County Government Community and Human Services 3339 E. Tamiami Trail, Suite 211 Naples, FL 34112 Email to: lisa.carr@colliercotlntyfl.gov Telephone: 239-252-2339 Packet Pg. 1846 16.D.14.a SPONSOR ATTENTION: Steven Kirk, President Oak Marsh, LLC 19308 SW 380°i Street Florida City, FL 33034 Email to: stevekirk cr ruralneighborhoods,org Telephone: 305-242-2143 Remainder of Page Intentionally Left Blank Oak Marsh, LLC SHRR21-001 SHIP Rental Rehabilitation Program Packet Pg. 1847 16.D.14.a PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), if the SPONSOR expends a total amount of State awards equal to or in excess of $750,000 in any fiscal year, it must conduct 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 Comptroller, and Chapter 10.650, Rules of the Auditor General. 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 21597(2)(d), Florida Statutes, and Chapter 10,650, Rules of the Auditor General. SPONSOR must deliver the financial reporting package to the COUNTY within 45 days after receipt, but not later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall submit the financial reporting package and Exhibit F to the Grant Coordinator. If the SPONSOR expends less than $750,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the SPONSOR expends less than $750,000 in State awards in its fiscal year and elects to have an audit in accordance with provisions of Section 21597, Florida Statutes, the cost of the audit must be paid froin non -State finds. 2.2 RECORDS AND DOCUMENTATION The SPONSOR shall maintain sufficient records in accordance with FHFC program regulations, as provided in Exhibit B, to determine compliance with the requirements of this Agreement, the SHIP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by SHIP regulations. B. SPONSOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C, SPONSOR shall make available to COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, neaps, books, records, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for this Agreement. 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, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect Oak Marsh, LLC SMUZ21-001 SHIP Rental Rehabilitation Program Packet Pg. 1848 16.D.14.a labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is clamed under the provisions of this Agreement. D. 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, SPONSOR shall maintain all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for three (3) years after the annual performance and evaluation report are submitted, as prescribed in Florida Statute Chapter 257.36, However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SPONSOR ceases to exist after the closeout of this Agreement, it will notify the COUNTY, in writing, of the address where the records are to be kept, as outlined in Florida Statute Chapter 257.36. The SPONSOR shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SPONSOR upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox cr,colliercotr ityfl.aov, 3299 Tamiami Trail E, Naples FL 34112. E. SPONSOR is responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under Florida Housing Finance Corporation (FHFC) Income Guidelines, Income certification documentation will be validated at interim and closeout monitoring. The SPONSOR agrees that CHS shall be the final arbiter on SPONSOR's compliance. F. SPONSOR shall document how compliance with the Program components, applicable regulations included in Exhibit B, and the eligibility requirement(s) under which funding has been received, were accomplished. This also includes special requirements such as necessary and appropriate determinations, as defined in Exhibit B, including income certification, and written agreements with beneficiaries, where applicable. G. SPONSOR shall provide the public with access to public records on the same terns and conditions that the COUNTY would provide the records and at a cost that does not exceed costs provided in Chapter 119, Florida Statutes or as otherwise provided by law. SPONSOR shall ensure that exempt or confidential public records that are released from public records Oak Marsh, LLC 5HRR21-001 10 SHIP Rental Rehabilitation Program Packet Pg. 1849 16.D.14.a disclosure requirements, are not disclosed except as authorized by Chapter 119, Florida Statues. 2.3 MONITOR.ING During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit F) no later than 60 days after SPONSOR's fiscal year end. In addition, SPONSOR shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SPONSOR's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SPONSOR agrees that CHS may carry out at least one (I) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations, The SPONSOR shall, upon the request of CHS, submit information and status reports required by CHS or FHFC, to enable CHS to evaluate said progress and allow for completion of required reports. The SPONSOR shall allow CHS or FHFC to monitor on site. Such site visits may be scheduled or unscheduled, as determined by CHS or FHFC. The COUNTY will monitor SPONSOR's performance to mitigate fraud, waste, abuse, or non- performance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. 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 time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SPONSOR agrees to provide FHFC, the Florida Office of Inspector General, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION Of, FRAUD, WASTE, AND ABUSE SPONSOR shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide 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 shall be clearly documented and readily available for monitoring by the COUNTY. SPONSOR shall provide the COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SPONSOR shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SPONSOR may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or any appropriate law enforcement authority, if the report is made in good faith, Oak Marsh, LLC S1-rt2R21-001 1 t SHIP Rectal Rehabilitation Program % Packet Pg. 1850 16.D.14.a 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Sponsors, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: A. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to the SPONSOR, which will require SPONSOR to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SPONSOR, as needed, in order to correct the noncompliance issue, B. If the SPONSOR fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SPONSOR may be denied future consideration as set forth in Resolution No. 2013-228 C, H SPONSOR remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of its substantial noncompliance, by certified mail, CHS may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, be returned to the COUNTY, • CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SPONSOR will be in violation of Resolution No. 2013-228 D. If after repeated notification the SPONSOR continues to be substantially noncompliant, CHS c may recommend the Agreement or award be terminated. E r Oak Marsh, LLC Q SHRR21-001 12 SlUP Rental Rehabilitation Program Packet Pg. 1851 16.D.14.a • CHS will make a recominendation to the Board to immediately terminate the Agreement. The SPONSOR will be required to repay all funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SPONSOR will be in violation of Resolution No. 2013-228 If SPONSOR has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports and the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the COUNTY on the 1 Oth day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October or when finial services are delivered, whichever is earlier, the SPONSOR also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures, including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit E, which contains a sainple reporting form to be used in fulfilling this requirement. Other reporting requirements may be required by the County Manager or designee if there are Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of this Page Intentionally Left Blank Oak Marsh, LLC SHRR21-001 13 SHR Rental Rehabilitation Program ' Packet Pg. 1852 16.D.14.a PART III TERMS AND CONDITIONS 3.1 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, 3.2 GENERAL COMPLIANCE The SPONSOR agrees to comply with the requirements as outlined in Sections 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 to supplement, rather than supplant, fiends otherwise available for Rental Rehabilitation. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SPONSOR shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance, and Workers' Compensation Insurance as the SPONSOR is an independent contractor. 3.4 AMENDMENTS The COUNTY 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 COUNTY'S Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SPONSOR from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SPONSOR. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds and must be implemented in full compliance with all 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 resources necessary to continue Oak Marsh, LLC SHIMI-001 14 SHIP Recital Rehabilitation Prograin 1.0 0 Packet Pg. 1853 16.D.14.a to pay the SPONSOR all or any portion of the fends will not be available. In that event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SPONSOR agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to the SPONSOR under the terms of this Agreement. 3.6 DEFAULTS, REMEDIES, AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or 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, in the case of a partial termination, if the COUNTY determines 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. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities, The following actions or inactions by the SPONSOR shall constitute a Default under this Agreement: A. SPONSOR's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and FHFC guidelines, policies, or directives as may become applicable at any time B. SPONSOR's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner C. SPONSOR's ineffective or improper use of funds provided under this Agreement D. SPONSOR's submission of reports to the COUNTY that are incorrect or incomplete in any material respect E. SPONSOR's submission of any false certification F. SPONSOR's 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: A. Require specific performance of the Agreement, in whole or in part Oak Marsh, LLC StEM t-oal 15 SHIP Rental Rehabilitation Program Packet Pg. 1854 16.D.14.a B. Require the use of, or change in, professional property management C. Require the SPONSOR to immediately repay to the COUNTY of all SHIP funds the SPONSOR has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E, Stop all payments, until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to the 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 benefit for any incomplete project activities undertaken under this Agreement, 3.7 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' 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 tinder the direction, control, or supervision of the SPONSOR in the performance of this Agreement, This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SPONSOR shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, This section shall survive the expiration or termination of this Agreement. 3.8 COUNTY RECOGNITION/SPONSORSHIPS The SPONSOR agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digital, prepared and released by the SPONSOR for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY FLORIDA HOUSING FINANCING COPORATION (FHFC) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" Oak Marsh, LLC r" SHR.R2 l -00I 16 SHIP Rental Rclrabilitation Program Packet Pg. 1855 16.D.14.a and shall appear in the salve 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. 3.9 INSURANCE SPONSOR shall not commence any work or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A, has been obtained. Said insurance shall be carried continuously during SPONSOR's performance under the Agreement. The SPONSOR shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least $1,000,000 per occurrence in accordance with Exhibit A. 3.10 PURCHASING All purchasing for consutnables, capital equipment, and services shall be made by purchase order or written contract in conformity and in full compliance with the procedures prescribed by applicable Florida Statutes (FL 287,017) and the Collier County Purchasing Policy, whichever is more stringent. Collier County Ordinance #2017-08 allows for contracting with not -for -profits through the approved exemption. PurchasingThreshold Policy Dollar Range $ Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part I Scope of Work, shall be performed by SPONSOR employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and State requirements. The SPONSOR shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be managed by SPONSOR and monitored by CHS, which shall have access to all records and documents related to the Project. As provided in Section 287,133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list, maintained by the State of Florida Department of Management Services, within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. 3.11 DEBARMENT The SPONSOR certifies that none of its officers or agents have 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. Oak Marsh, LLC SHIM21-001 17 SHIP Rental Rehabilitation Program Packet Pg. 1856 16.D.14.a 3.12 GRANT CLOSEOUT PROCEDURES The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), closeout monitoring, and determining the custodianship of records. In addition to the records retention outlined in Section 2,2, SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law 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 fiends which have been advanced or paid must be returned to the COUNTY. Any finds 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 comply with Section 215,97, Florida Single Audit Act. 3.13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SPONSOR agrees that no person shall be excluded from the benefits of or be subjected to discrimination, based on race, creed, color, religion, national origin, sex, handicap, familial status, marital status, or age 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 hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SPONSOR agrees to post notices setting forth the provisions of this nondiscrimination clause in conspicuous places available to employees and applicants for employment. To the greatest extent feasible, lower -income residents of the project area shall be given opportunities for training and employment; and to the greatest extent feasible, eligible business concerns located in or owned in substantial pant by persons residing in the project area shall be awarded contracts in connection with the project. The SPONSOR is encouraged to comply with Section 3 of the Housing and Community Development Act of 1968. 3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses and minority and women owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "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 worrien's business enterprise" means a business at least fifty- one (51) percent owned and controlled by minority group members or women. For the purposes of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Oak Marsh, LLC SI IRR21-001 18 SHIP Rentat Rehabilitation Program Packet Pg. 1857 16.D.14.a SPONSOR may rely oil written representations by businesses Regarding their status as minority and women business enterprises, in lieu of an independent investigation. 3.15 PROGRAM BENEFICIARIES As defined by Florida Statute Section 420.9071-420.9079 and the Collier County Local Housing Assistance Plan (LHAP), 1.00 percent of the beneficiaries receiving SHIP funding through this Agreement must meet the requirement to be at or below 120 percent of the Area Median Income (AMI), as published by HUD; Additionally, the SHIP program requires the SPONSOR to meet specific income set -asides, which are described in Exhibit B. Income eligibility of tenants will be validated by supporting documentation during interim monitoring and at closeout, 3.16 AFFIRMATIVE ACTION PLAN Tile SPONSOR agrees that it is committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SPONSOR shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action Program is updated during the period of performance of this Agreement, the updated plan must be submitted to the COUNTY within 60 days of any update/modification. 3.17 PROHIBITED ACTIVITY The SPONSOR, or personnel employed in the administration of the program, are prohibited from using funds provided herein, for political activities, sectarian or religious activities, lobbying, political patronage, and/or nepotism activities. 3.18 CONFLICT OF INTEREST The 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 area or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement. SPONSOR also covenants it will not employ or subcontract any person having any conflict of interest. SPONSOR agrees that it will comply with all provisions of "Conflict of Interest," per Florida Statute 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 costs are reasonable. Approval of an identity of interest contract will be at the COUNTY's sole discretion. This provision is not intended to limit SPONSOR's ability to self -manage the Project using its own employees, Any possible conflict of interest on the part of the SPONSOR, its employees, or its contractors shall be disclosed in writing to CHS provided, however that this paragraph shall be interpreted Oak Marsh, LLC SHRR21-001 19 SHIP Rental ROutbilitation Program Packet Pg. 1858 16.D.14.a in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment and participation of low and moderate income residents of the project target areas. 3.19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS State funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Florida Statue, Chapter 196.011. The SPONSOR shall comply with First Amendment Churcli/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct State funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D, The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities, Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part, Sanctuaries, chapels, or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. 3.20 INCIDENT REPORTING If services to clients are to be provided under this Agreement, SPONSOR and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person to the COUNTY. 3.21 ENFORCEMENT OF AGREEMENT The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the Mortgage; whether or not the Project loan may be paid in full; and whether or not any bonds issued for the purpose of providing funds for the project are outstanding, 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 Oak Marsh, LLC SHRR21-001 20 SHIP Rental Rehabilitation Program Packet Pg. 1859 16.D.14.a 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. 3.22 STVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.23 COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright or patent materials, the SPONSOR may copyright or patent such, but Collier County and the State of Florida reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use such materials and to authorize others to do so. Signattwe Page to Follow Oak Marsh, LLC sHflaul-aoi 21 SHIP Rental Rehabilitation Program Packet Pg. 1860 16.D.14.a IN WiT1NFSs WHEREOF, the SPONSOR and the COUNTY, have each respectively, by are authorized per -son or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K, KINZEL, CLERK Date; , DEPUTY CLERK (SEAL) Approved as to form wid legality; Jennifer A. Belpedio Assistant Colsrity Attorney 0A Mush, LLC SHRR21-001 SHIP Rental Reftabllitatia€i Program BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PENNY TAYLOR, CHAIRPERSON Date. OAK MARSM, LLC yeVNIRK, PRESIDENT Da(e. 22 Packet Pg. 1861 16.D.14.a EXHIBIT A INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I . Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SPONSOR or the licensed design professional employed by the SPONSOR, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SPONSOR and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued, CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 -- 4 above, the SPONSOR shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: S. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SPONSOR, 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SPONSOR shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Oak Marsh, LLC SHRR21-001 23 SIHP Rental Rehabilitation Program y� Packet Pg. 1862 16.D.14.a OPERATION/MANAGEMENT PHASE (1F APPLICABLE) After the CdnSMICtion Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M,A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.1,KA. Oak Mash, LLC SITRR21-001 24 U SI IT Rental Rehabilitation Program Packet Pg. 1863 16.D.14.a EXHIBIT B RENTAL REHABILITATION PROJECT REQUIREMENTS The Project will rehabilitate existing affordable residential rental housing in accordance with the SIIIP Program and Collier County LHAP FY 2019-2022. SPONSOR shall perform the following activity under this Agreement: a) Rehabilitate existing rental property 1) Affordability of SHIP -Assisted Units; For the duration of the Affordability Period (20 years), as defined in the Note and Mortgage/Land Use Restriction Agreement (LURA) of even date, a minimum of forty-one (41) units in the Project shall be SHIP -Assisted units. All SHIP -Assisted units in the Project shall be fixed and rented, or held available for rental, on a continuous basis to persons or families who at the commencement of occupancy shall have a verified annual income that does not exceed 120 percent of the Area Median Income (AMI), as defined by the Department of Housing and Urban Development (HUD). Rents on these units shall be restricted to SHIP Program rent limits. Maximum eligible income and rent limits are revised annually and are available from the COUNTY. The SPONSOR covenants that a minimum of forty-one (41) units will be rented to income - eligible tenants, as defined by HUD, All units carry relit and occupancy restrictions until December 14, 2043, which remain in force regardless of transfer of ownership and shall be in accordance with the LURA (incorporated by reference) and Section 1.6 of this Agreement. SHIP -Assisted units shall be reserved for and rented to households that qualify for the following: SHIP -Assisted Units According to Income Limits Income Limits Number SHIP -Assisted Units 120% or below AMI 41 Total Units Milnimulnl 41 This Agreement incorporates, by reference, terms and conditions described in the Mortgage and Note of even date, and any other agreements enforcing the SHIP requirements associated with said Mortgage and Note. The Project budget is (FOUR HOUNDRED AND FIFTY THOUSAND DOLLARS and ZERO CENTS ($450,000.00), and is provided by the COUNTY through the SHIP PROGRAM. Project construction will commence and be completed as defined and set forth in the affordable housing development schedule, incorporated by reference. In no event will rehabilitation commence later than 120 days from the date of this Agreement, nor will rehabilitation be completed Iater than 18 months from the date of this Agreement. Rehabilitation will progress in accordance with the construction schedule submitted by the SPONSOR to obtain financing. 2) Compliance; The SPONSOR shall determine and verify the income eligibility of tenants for the Project in accordance with HUD Section 8 housing assistance programs in 24 CFR Part 5. Income shall be calculated by annualizing verified sources of income for the household, as Oak Marsh, LLC SHRR21-001 25 S141P Rental Rehabilitation Program Packet Pg. 1864 16.D.14.a the amount of income to be received during the 12 months following the effective date of the determination. The Annual Gross Income, as defined in Section 4209071(4), Florida Statutes, trust be used to determine eligibility, and the SHIP Program income limits cannot be exceeded. The SPONSOR shall maintain complete and accurate income records pertaining to each tenant occupying a SHIP -assisted unit. Onsite inspections will be conducted annually, upon reasonable prior written notice, to verify compliance with tenant income, rents, and minimum property standards as stated in Section 420.907-420,9079, Florida Statutes and Rule 67-37, Florida Administrative Code, as they may be amended from time to time. 3) Restriction on Use: The SPONSOR is required to comply with all applicable program requirements of the SHIP Program, including but not limited to Section 420.907-420,9079, Florida Statutes and Rule 67-37, Florida Administrative Code, Any or all of these regulations rnay, but are not required to be, specifically set forth in any additional loan documents executed in connection with the Loan. The SPONSOR shall include such language as the COUNTY may require in any agreements with potential tenants of the Project, or any portion, thereof to evidence such requirements. 4) Default of Subordinate Mortgage: The Subordinate Mortgage and Note shall provide that a default shall occur if: A. Sale; if proceeds are not sufficient to pay off the mortgage note, the property owner (not - for -profit or for -profit) may contact the COUNTY regarding a settlement amount of the SHIP loan. B. Title transfer; either voluntarily or by operation of law, divested of title by judicial sale, levy, or other proceedings, including foreclosure or Deed in Lieu. C. Refinance; a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate with no cash out, in accordance with the "Subordination Policy." D. Property will no longer serve the intended target population. E. Repayment of the loan is required in full when any of the aforementioned conditions is islet. Other defaults that may trigger repayment, if not cured within any applicable cure or notice period following a monitoring: F. Lack of SPONSOR compliance with the State statutes or County Codes, which is corrected within thirty (30) days of written notice from the COUNTY. G. SPONSOR has not begun to offer at least forty-one (41) affordable rental housing units to low-income families and individuals, in accordance with the provisions of Part 1 of Exhibit B on or before, December 14, 2021. H. SPONSOR abandons, and/or ceases to use the Property as affordable rental housing to tenants, without the prior written approval of the COUNTY. Oak Marsh, LLC SHRR21-001 26 _ SHIP Rental Rehabilitation Program r ,' Packet Pg. 1865 16.D.14.a Subject to the rights of USDA Rural Development as First Mortgagee and Florida Housing as Second Mortgagee, the outstanding Loan balance shall become due and payable upon default of this Agreement, the Mortgage, or Note if not cured within any applicable cure or notice period. 5) Assurance Of Public Purpose: The SPONSOR covenants that if it is unable or unwilling to develop the property in accordance with the terms and conditions incorporated herein, no lease, sale, or title transfer to any third party shall occur prior to giving the COUNTY a 90-day notification. The COUNTY shall have the right, solely at the COUNTY's discretion, to purchase or find another SPONSOR to purchase the Project and carry out the eligible activities of the Program, for an amount not to exceed the amount of funds provided by the COUNTY through the SIIIP Program. 6) Affirmative Marketing: SPONSOR shall adopt appropriate procedures for affirmatively marketing the SHIP -assisted units. Affirmative marketing consists of good faith efforts to provide information and otherwise attract eligible persons from all racial, ethnic and gender groups in the housing market area to the available housing, The SPONSOR shall be required to use affirmative fair housing marketing practices in soliciting renters, determining eligibility, concluding transactions, and affirmatively further fair housing efforts. The SPONSOR must maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters, etc.) to be available for inspection upon 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 to the available housing, The SPONSOR must provide the COUNTY with an assessment of the affirmative marketing program. Assessment must include: a) methods used to inform the public and potential renters about federal fair housing laws and affirmative marketing policy, b) methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special outreach; c) records describing actions taken by the participating entity and/or owner to affirmatively market units; and d) records to assess the resu Its of these actions. 7) Tenant Leases and Protections: Tenants applying for rental housing units shall be qualified on a first -qualified, first -served basis, Tenants must be income -eligible and must occupy the rental unit as a primary residence. The SPONSOR shall comply with the provisions of the Florida Landlord Tenant Act defined in Chapter 83 Part It of the Florida Statutes, SHIP Program, and COUNTY requirements, which prohibit certain lease terms, All tenant leases for assisted units shall be expressly subordinate to the Mortgage and shall contain clauses, among others, wherein each individual lessee: A. Agrees that the household income, household composition, and other eligibility requirements shall be deemed substantial and material obligations of the tenancy; that the tenant will comply promptly with all requests for information with respect thereto from the SPONSOR or the COUNTY; and that tenant's failure to provide accurate information about household income or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of his/her tenancy; and Oak Marsh, LLC SHRR2 f -001 27 a k SHIP Rental Rehabilitation Program Packet Pg. 1866 16.D.14.a B. Agrees not to sublease to any person or family who does not ineet income qualifications as determined, verified, and certified by the SPONSOR; and C. States that the rental unit is the primary residence of the tenant; and D. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed upon by the SPONSOR and tenant. SPONSOR will submit to the COUNTY, a copy of the tenant/owner lease agreement prior to signature by the tenant. The COUNTY will review the lease for compliance with affirmative marketing, tenant selection, and SHIP provisions stated in Section 420.907-420.9079, Florida Statues and Rule 67-37, Florida Administrative Code, 8) Project Requirements: SPONSOR agrees not to undertake any activity that may adversely affect historic or environmental sensitivity of the site, and to mitigate any findings identified in an environmental assessment. The SPONSOR agrees that if the Project is located in a Designated Flood Zone, all government requirements for construction in a flood zone shall be. satisfied. Within 60 days of Agreement execution, the SPONSOR shall develop and submit to CHS a rehabilitation schedule to include the following: TENTATIVE SCHEDULE (Not a Condition of Payment) Bid Solicitation (Oak Marsh projects multiple bids to be awarded due to type of rehabilitation work to beperformed) February 9, 2022 Initial Plans and Permitting Approvals ,Rule 9, 2022 Work Commenced Au ust 9, 2022 Construction Completion May 31, 2023 Project rehabilitation will commence and be completed in accordance with the schedule submitted and in no event will rehabilitation commence later than 120 days from the date of this Agreement, nor will the Project be completed later than 18 months from the execution date of this Agreement, Further, "project completion date" will mean issuance of all certificates of occupancy and completion of initial lease -up. 9) Property Standards: The SPONSOR attests that the Project will meet the standards of the Florida Building Code and all applicable local codes, standards, ordinances, and zoning ordinances at the time of project completion and throughout the duration of the affordability period. The Project will also meet the accessibility requirements at 24 CFR part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and covered multifamily dwellings, as defined at 24 CFR 100.201, and the design and construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601- 3619). Oak Marsh, LLO (13 SHRR21-00I T 28 SMP Rental Rehabilitation Program ; Packet Pg. 1867 16.D.14.a In accordance with the Local Housing Assistance Plan, a sponsor shall follow each SHIP Program strategy requirement below: Energy. Efficient Best Practices: Section 420.9075(3)(d), Florida Statutes defines Energy Efficient Best Practices as: Innovative design, green building principles, storin resistant construction, or other elements that reduce long term costs relating to maintenance, utilities, or insurance, Collier County requires the use or inclusion, when appropriate, of the following: energy star appliances; low-E windows; additional insulation (for increased R-value); ceramic tile; tank - less water heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; and impact resistant windows and doors. 10) Property Management: The COUNTY reserves the right to require SPONSOR to enter into a contract with a COUNTY approved property management firm for professional management services of the Property, to provide leasing, collection of rents, maintenance and repair of Property, and other property management tasks as the COUNTY may require. Such contract shall stipulate that the contract will not be amended or terminated without prior written consent of the COUNTY. Oak Marsh, LLC SHRR21-001 29 SHIP Rental Rehabilitation Program Packet Pg. 1868 16.D.14.a EXHIBIT C Budget Narrative Rental Rehabilitation Program Tile total SHIP allocation to the SPONSOR for the Rental Rehabilitation Program sliall not exceed FOUR HUNDRED AND FIFTY THOUSAND DOLLARS ($450,000.00). Sources for these funds are as follows: ............................... ... . Fisca[ Year Re>tital Development: Total 2021-2022 $450,000.00 $450,000.00 Total Funds $450,000.00 $450,000.00 . - Funds shall be disbursed in the following manner for the following uses: 1. Rehabilitation expenditure shall not exceed $450,000.00. 2. SPONSOR shall provide proof of payment equal the expenses. Oak Marsh, LLC SHRR21-001 30 SHIP Rental Rehabilitation Program Packet Pg. 1869 16.D.14.a EXHIBIT D COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Oak Marsh, LLC SPONSOR Address: 19308 SW 38011' Street, Florida City, 33034 Project Name: Rental Rehabilitation, Repair/Roof Replacement Project No: SHRR21-01 _ Payment Request # Total Payment Minus Retainage $ Period of Availability: December I4, 2021 _ through July 31, 2023 Period for which the SPONSOR has incurred the indebtedness through SECTION H: STATUS OF FUNDS Sponsor CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable). $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SPONSOR. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required below $15,000) Oak Marsh, LLC SI-IIZR21-001 31 SHIP Resrtai Rehabilitation Program Date Authorizing Grant Accountant Division Director (Approval Required above $15,000) Packet Pg. 1870 16.D.14.a EXHIBIT E QUARTERLY PROGRESS REPORT Complete for-rrr for preceding quarter rind submit to Cormnunily and Harman Services staff by the 10th of the following quarterly month. Status Report for the Quarter Ending: Project Name: SPONSOR: Contact Person: Telephone: Fax: Submittal Date: Project Number: E-mail: PROPERTY UNIT DATA Number of units under rehab this period Number of units completed this period Number of units completed to date EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor Address Amount of Contract INCOME DATA Client Income Category Income Amount What events/actions are scheduled for the next month? Identify any issues that ma cause delay in meeting scheduled expenditure deadline dates. Date Signature Oak Marsh, LLC SHRR21-001 32 SHIP Rey;tat Rehabilitation Program 0 Packet Pg. 1871 16.D.14.a EXHIBIT F ANNUAL AUDIT MONITORING REPORT Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been ❑ met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement hereby. certify that the above information is true and accurate � Signature I Date Print Name and Title Oak Marsh, LLC SI-IRR21-001 33 SHIP Rental Rehabilitation Program 06/18 Packet Pg. 1872 16.D.14.b Grant - SHIP FY 2020-2021 and 2021- 2022 Agreement#: SHRA-21-001 Activity: Rental Acquisition SPONSOR: Community Assisted and Supported Living, Inc. CSFA #: 52.901 Total Award Amount: $600,000.00 DUNS #: 940621519 REIN: 65-0869993 Period of Performance: December 14, 2021 through ,Tune 14, 2023 FISCAL YEAR. December 3111 MONITORING END: October 31, 2043 AGREEMENT BETWEEN COLLIER COUNTY AND COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. Rental Acquisition Program THIS AGREEMENT is made and entered into this day of , 2021, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 E, Tamiarni Trail, Suite 211, Naples FL 34112, and Community Assisted and Supported Living, Inc. (CASL), (SPONSOR), a not -for -profit corporation existing under the Iaws of the State of Florida, having its principal office 2911 Fruitville Road, Sarasota, FL 34237. 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 WHEREAS, the State Housing Initiatives Partnership Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program; and WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertaking certain activities to primarily benefit persons or households earning not greater than 50 percent of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2019-2022 Local Housing Assistance Plan (LHAP) as amended was adopted by the Board of County Commissioners on April 23, 2019, Resolution No. 2019-109, Community Assisted Supported I.iv€ng, Inc. S] IRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1873 ° 16.D.14.b WHEREAS, the COUNTY and the SPONSOR desire to provide rental acquisition in accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings as specified in Exhibit B and determines that they are valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: PART I SCOPE OF WORK The SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing SHIP funds, as determined by Collier County Community and Human Services (CHS), perform the tasks necessary to conduct the program as follows: Project Name: Rental Acquisition Description of project and outcome: SHIP fiends are to be used to acquire rental units within Collier County and all associated closing costs to include but not limited to appraisal, survey and closing costs. Project Component One: Acquisition of rental property #1 Project Com onent Two: Acquisition of rental property 42 A. Project Tasks: 1. Locate eligible properties and sign sales contract for properties located in Collier County 2. Coordinate purchase transaction with closing agent 3. Coordinate the pre -purchase services, including: Appraisal, Survey, Property Insurance and Horne Inspection 4. Locate eligible tenants and lease up the units 5. Income qualifies tenants prior to signing a lease 6. Provide CHS income and asset qualification documents prior to signing a lease B. SKIP Documentation Requirements Compliance Criteria: Activities carried out with finds under this Agreement will be performed in compliance with State Housing Initiatives Partnership (SHIP) Program, Florida Statute 420.9071, and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program). Community Assisted Supported Living, Inc. SHRA-21-001 SHIP Rental Acquisition Program Y. Packet Pg. 1874 a"` 16.D.14.b 1.1 DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program, Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program), B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SPONSOR will implement the Scope of Work summarized in Section 1.2 and Exhibit B of this Agreement. 1.2 ,SCOPE OF WORK The SPONSOR shall, in a satisfactory and proper matiner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits B and C (Rental Acquisition Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, Rental Acquisition, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2020-2021 and 2021-2022 and SPONSOR's Application dated February 8, 2021. 1.3 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SPONSOR must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement; ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 5041ADA Policy ® Fraud, Waste, and Abuse Policy ❑ Language Assistance and Planning Policy (LAP) ❑ Violence Against Women Act (VAWA) Policy ® Tenant Waitlist Policy ® Tenant Grievance Policy ® Tenant Guidelines (Income) ® Marketing Plan ® Property Maintenance Plan ® Capital Needs Assessment Plan Community Assisted supported Living, Inc. SHRA-21-001 SHIP Rental Acduisitian Program Packet Pg. 1875 16.D.14.b C. Annual SPONSOR Training Sponsors with Prior ALyreement(s) with COUNTY: All SPONSOR staff assigned to the administration and implementation of the Project, established by this Agreement, shall attend the CHS-sponsored Annual Sponsor Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered training, relevant to the Project, as determined by the Grant Coordinator, not to exceed two (2) sessions. 1.4 PROJECT DETAILS A. Project Descriptioli/Budget Description State Amount Project Component 1: Acquisition of rental property #1 and all $300,000.00 associated closing; costs to include but not limited to appraisal, stwwey and closing costs. Project Component 2: Acquisition of rental property #2 and all $300,000.00 associated closing costs to include but not limited to appraisal survey and closing costs. Total State Funds $600,000.00 The SPONSOR may, with prior COUNTY approval, adjust the budget between Project Components, as needed to respond to the needs of the community. Total expenditures may not exceed the Total State Funds. The SPONSOR will accomplish the following checked project tasks: Z Pay all closing costs related to property conveyance ® Maintain and provide to the COUNTY, as requested, beneficiary income certification documentation, retained at SPONSOR location ® Maintain Eligibility Documentation, retained at SPONSOR location ® Provide Quarterly Reports on project progress ® Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components, as detailed in Exhibit B. Coininimity Assisted supported Living, Ine, SHRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1876 I E 16.D.14.b C, Performance Deliverables Program Deliverable Supporting Documentation Submission Schedule Special Grant Policies Policies as stated in this Within 60 days of Section 1.3 B Agreement Agreement execution Insurance Proof of coverage in At time of Acquisition and (Flood, Property, O&D) accordance with Exhibit A annually within 30 days after renewal Detailed Project Schedule Project Schedule Within 60 days of Section 1.3 A Agreement execution Progress Report Progress report, detailing 10 days after the end of the accomplishments Exhibit E calendar quarter beginning January 10, 2022 and quarterly thereafter Annual Audit Monitoring Exhibit F Annually, within 60 days Report after FY end SPONSOR Audit Audit report, Management Within 9 months for Single Letter, and Supporting Audit (otherwise 180 days) Documentation after the end of the SPONSOR fiscal year through 2043 Continued Use NIA NIA Certification Tenant Lease Agreement Lease Submit to CHS prior to signing by tenant and any addendums or changes thereafter through the period of affordability. Operating Expense Report Actual vs. Budget, revenue 30 days after the end of the and expense report and all SPONSOR'S fiscal year supporting documentation, as requested Operating Expense Budget Detailed Operating budget Initial report due after lease - Report for the next fiscal year up and annually thereafter, prior to start of SPONSOR fiscal year, until 2043 Capital Needs Assessment Plan approved by the Initial Plan due after lease - Plan COUNTY up and annually thereafter, prior to start of SPONSOR fiscal year, until 2043 Maintenance Plan Plan approved by the At the time of acquisition COUNTY Register of Tenant Income Summary of Tenant Income At time of full lease up and and Rent and Income Limit, Rent and annually thereafter until Rent Limit, by unit (Rent 2043 Roll Community Assisted Supported Living, Inc. SHRA-2 l -001 SHIP Rental Acquisition Program 0 A a Q c 0 0 m 0! �a _ a� N N 0 N N 0 N LL a_ x un 0 N ..r z w 2 w w a a x J CO) 0 c d E 0 Q Packet Pg. 1877 16.D.14.b Program Deliverable Supporting Documentation Submission Schedule Maintenance Agreement Executed Agreement Initial lease -tip and annually thereafter throughout the affordability period, if applicable, until 2043 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Exhibit D along with invoice, Submitted to CHS no Acquisition of rental rental property, HO insurance less than7 days before property 41 and all associated certificate, Closing Disclosure, closing date. closing cost to include but not Proof of Escrow Deposit, Sales limited to appraisal, survey Contract, Appraisal, Survey, A copy of the and closing costs. Mortgage Insurance, Home documents signed on Inspection, Promissory Note, the day of closing are Mortgage, Land Use Restriction due to CHS before Agreement, Deed, Closing close of business on Protection Letter and proof of the day of closing. payments for expenses paid outside closing (invoice and cancelled check Project Component 2: Exhibit D along with invoice, Submitted to CHS no Acquisition of rental property rental property, HO insurance less than 7 days #2 and all associated closing certificate, Closing Disclosure, before closing date. cost to include but not limited Proof of Escrow Deposit, Sales to appraisal, survey and Contract, Appraisal, Survey, A copy of the closing costs. Mortgage Insurance, home documents signed on Inspection, Promissory Note, the day of closing are Mortgage, Land Use Restriction due to CHS before Agreement, Deed, Closing close of business on Protection Letter and proof of the day of closing, payments for expenses paid outside closing (invoice and cancelled check 1.5 PERIOD OF PERFORMANCE SPONSOR services shall begin on December 14, 2021 and end on June 14, 2023. This Agreement must remain in effect throughout the development process of the Project and is terminated upon completion of acquisition, and initial lease rip of all SHIP -assisted units. The SPONSOR is responsible for ongoing reporting, subject to onsite monitoring, tenant income qualification activities, and continued use for an affordability period of 20 years. In any event, all services required hereunder shall be completed by the SPONSOR prior to June 14, 2023. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, Community Assisted Supported Living, Inc. SHRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1878 t'rw , 16.D.14.b The County Manager or designee may extend the term of this Agreement for a period of LIP to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SPONSOR. 1.6 AGREEMENT AMOUNT The COUNTY agrees to mare available SIX HUNDRED THOUSAND DOLLARS and ZERO CENTS ($600,000.00) for use by the SPONSOR during the term of the Agreement (hereinafter, referred to as the "Funds"), Modifications to the "Budget and Scope" may only be made if approved by COUNTY, in advance. All services/activities specified in Part I Scope of Work shall be performed by SPONSOR or its subcontractors who meet State requirements. Contract administration shall be managed by the SPONSOR and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse SPONSOR for performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. Alternatively, a wire transfer may be made at closing. SPONSOR may not request disbursement of SHIP funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month, SPONSOR may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during that month, or if the SPONSOR is not yeti prepared to send the required backup, a $0 invoice is requ iced. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SPONSOR when requested as work progresses but not more frequently than once per month. Reimbursement will not occur if SPONSOR fails to perform the minimum acquisition required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement, Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1 A.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §2I8.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The COUNTY will secure the awarded amount with a Note and Mortgage. The Note will bear interest at 0 percent interest per year and is forgivable after 20 years if all SHIP terms and conditions are met. Community Assisted Supported Living, Inc. SHRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1879 16.D.14.b If SPONSOR complies with the terms and conditions of this Agreement, the lien established by the Mortgage shall expire as set forth in the Mortgage. If SPONSOR offers the Property for sale before twenty (20) years after the SPONSOR's receipt of the Certificate of Occupancy, or at any other time when there are existing ]mortgages on the Property fielded by the SHIP program, the SPONSOR ]must give a right of first refusal (ROPR) for a 90-day period, to experienced non-profit organizations, reasonably approved by the COUNTY for purchase of the Property, at the then current market value, for continued occupancy by eligible persons. The 90-day right of first refusal period begins when a legal advertisement appears in a local newspaper of general circulation, or other method authorized by statute or regulation, offering the Property for sale to non-profit organizations. COUNTY approval of any non-profit organization submitting an offer of the full requested sale price or any other offer considered in the sole determination of the COUNTY to be reasonable, will be based on the criteria listed in the affordable multi -family rental housing development strategy sponsor selection criteria, in the COUNTY's FY 2019 — 2022 SHIP Local Housing Assistance Plan. Either (a) the 90-day right of first refusal period expires and the SPONSOR is not a party to an active contract for purchase and sale of the Property with an eligible non-profit organization, reasonably approved by the COUNTY; or (b) a contract for purchase and sale of the property is entered into by the SPONSOR and an eligible non-profit organization, reasonably approved by the COUNTY, within such 90-day ROFR period but terminated by either party pursuant to the terms thereof subsequent to the 90-day period. The COUNTY shall wire fiends to the title company at closing and secure a 0 percent forgivable mortgage for the acquisition of the Property. The SPONSOR shall provide CHS closing disclosures seven (7) days prior to closing and submit Title Insurance to CHS the same day as closing. No wire transfer will be ]Wade until approved by CHS and the Collier County Clerk of Courts for grant compliance and adherence to all applicable local, state, or federal requirements. Wire transfer will be made upon receipt of closing disclosures and in compliance with section 218,70, Florida Statutes, otherwise known s the "Local Government Prompt Payment Act." The amount of wire transfer shall not be more than $300,000.00. The COUNTY reserves the right to deny payment of incomplete or altered closing disclosures, inadequately documented expenses, or expenses for items and services the COUNTY deems not to be usual, customary, and reasonable expenses related to the Project. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa N. Carr, Senior Grants Coordinator Collier County Government Community and Human Services Community Assisted supported Living, Inc. SIIRA-2 l -001 SH[P Rental Acquisition Prograin Packet Pg. 1880 i 16.D.14.b 3339 E. Tamiami Trail, Suite 213 Naples, FL 34112 Email to; Iisa.carr c collier•col�Gov Telephone: 239-252-2339 SPONSOR ATTENTION; J. Scott Eller, CEO Community Assisted Supported Living, Me. 2911 Fruitville Road Sarasota, FL 34237 Email to; scott.eller easline.ol Telephone. 941-225-2373 Remainder of Page Intentionally Left Blank Community Assisted Supported living, Inc. SHRA-21-001 SHIP Rental Acquisition Program 0 A a Q c 0 0 m 0! �a c as N N 0 N N 0 N ll a_ x Cn a x CO J Cn a s= E a Packet Pg. 1881 16.D.14.b PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), if SPONSOR expends a total amount of State awards equal to or in excess of $750,000 in any fiscal year, it must conduct 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, SPONSOR shall ensure that the audit complies with requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package, as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 45 days after the SPONSOR receives delivery, but no later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall submit the financial reporting package and Exhibit F to the Grant Coordinator, If the SPONSOR expends less than $750,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, is not required. If the SPONSOR expends less than $750,000 in State awards in its fiscal year and elects to have an audit in accordance with provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State fields. 2.2 RECORDS AND DOCUMENTATION The SPONSOR shall maintain sufficient records in accordance with the FHFC program regulations, as provided in Exhibit B, to verify compliance with the requirements of this Agreement, the SHIP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following; A, All records required by SHIP regulations. B. SPONSOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. SPONSOR shall snake available to the COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for this Agreement. 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 fiends provided directly or indirectly by this Agreement, including matching fiords and Program Income, These records shall be maintained in such detail to 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. Community Assisted supported Living, [tic. 10 sHRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1882 16.D.14.b D. 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, SPONSOR shall maintain all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for three (3) years after the submission date of the annual performance and evaluation report, as prescribed in Florida Statute Chapter 257.36. However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If the SPONSOR ceases to exist after the closeout of this Agreement, it will notify the COUNTY in writing, of the address where the records are to be kept, as outlined in Florida Statute Chapter 257,36, The SPONSOR shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SPONSOR's possession upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements, All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68321 Michael.Cox a coil iercount . 7ov, 3299 Tamiami Trail E, Naples FL 34112. E. SPONSOR is responsible for creation and maintenance of income eligible files on clients served and documentation that all households are eligible under Florida Housing Finance Corporation (FHFC) Income Guidelines. Income certification documentation will be validated at interim and closeout monitoring. The SPONSOR agrees that CHS shall be the final arbiter on SPONSOR's compliance. F. SPONSOR shall document how compliance with the Program components, applicable regulations included in Exhibit B, and eligibility requirement(s) under which funding has been received, was accomplished, This also includes special requirements such as necessary and appropriate determinations, as defined in Exhibit B, including income certification and written agreements with beneficiaries, where applicable. G. SPONSOR shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes or as otherwise provided by law, SPONSOR shall ensure that exempt or confidential public records that are released from public records disclosure requirements, are not disclosed except as authorized by Florida Statute Chapter 257.36. 2.3 MONITORING During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit F) no later than 60 days after SPONSOR's fiscal year end. In addition, SPONSOR shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Community Assisted Supported Living, Inc. SHRA-21-001 SHIP Rental Acq«isition Program Packet Pg. 1883 16.D.14.b Subrecipients exempt from Single Audit) after the SPONSOR's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SPONSOR agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SPONSOR shall, upon the request of CHS, submit information and status reports required by CHS or FHFC to enable CHS to evaluate said progress and allow for completion of required reports. The SPONSOR shall allow CHS or FHFC to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled, as determined by CHS or FHFC. The COUNTY will monitor SPONSOR's performance to mitigate fraud, waste, abuse, or non- perfornlance based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the fiends provided under this Agreement, further defined by 2 CFR 200,332 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 time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SPONSOR agrees to provide FHFC, the Florida Office of Inspector General, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SPONSOR shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse, and provide proper and effective management of all Program and fiscal activities in the performance of this Agreement. SPONSOR's internal control systems, all transactions, and other significant events shall be clearly documented and be readily available for monitoring by the COUNTY. SPONSOR shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SPONSOR shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SPONSOR may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation, to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. Community Assisted supported Living, Inc. 12 SHRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1884 16.D.14.b To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Sponsors, Developers, or any entity receiving grant funds from CHS, The escalation policy for noncompliance is as follows: A. Initial noncompliance may result in Findings or Concerns being issued to the SPONSOR, which will require a corrective action plan to be submitted to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SPONSOR, as needed, to correct the noncompliance issue. B. If the SPONSOR fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. + The SPONSOR Inay be denied future consideration as set forth in Resolution No. 2013-228 C. If SPONSOR remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, be. returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SPONSOR will be in violation of Resolution No. 2013-228 D. If after repeated notification the SPONSOR continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CIIS will make a recommendation to the Board to immediately terminate the Agreement. The SPONSOR will be required to repay all funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SPONSOR will be in violation of Resolution No. 2013-228 If the SPONSOR has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. Community Assisted Supported Living, Inc. 13 SHIZ A-2 I -001 SHIP Rental Acquisition Program Packet Pg. 1885 =e 0 16.D.14.b 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the COUNTY on the 1 Oth day of January, April, July, and. October respectively, for the prior quarter period end. As part of the report submitted in October or when final services are delivered, whichever is earlier, the SPONSOR also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures, including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit E, which contains a sample reporting form to be used in fulfillment of this requirement. Other reporting requirements may be requested by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of this Page Intentionally Left Blank C0111MUpity Assisted Supported Living, Inc. 14 SHRA-21-001 SKIP Rental Acquisition Program Packet Pg. 1886 16.D.14.b PART III TERMS AND CONDITIONS 3.1 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. 3.2 GENERAL COMPLIANCE The SPONSOR agrees to comply with the requirements as outlined in Sections 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 fiends provided under this Agreement. SPONSOR agrees to utilize funds available under this Agreement to supplement, rather than supplant, fiends otherwise available for Rental Acquisition. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties, The SPONSOR shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance, and Workers' Compensation Insurance as the SPONSOR is independent of the COUNTY. 3.4 AMENDMENTS The COUNTY 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 COUNTY'S Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SPONSOR from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SPONSOR. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds and must be implemented in full compliance with all SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC fiends pertaining to this Agreement. In the event of curtailment or non -production of said state funds, the financial resources necessary to continue Community Assisted Supported Living, Inc. 1s SHRA-2I-001 SHIP Rental Acquisition Program Packet Pg. 1887rr y : 16.D.14.b to pay the SPONSOR all or any portion of the funds will not be available, In that event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available, In the event of such termination, the SPONSOR agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement; and the COUNTY shall be released from any further liability to the SPONSOR under the terms of this Agreement. 3.6 DEFAULTS, REMEDIES, AND TERMINATION This Agreement may 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, Ilowever, in the case of a partial termination, if the COUNTY determines 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. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities, The following actions or inactions by the SPONSOR shall constitute a Default under this Agreement: A. SPONSOR's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and FHFC guidelines, policies, or directives as may become applicable at any time B, SPONSOR's failure, for any reason, to fulfill its obligations tinder this Agreement in a timely and proper manner C. SPONSOR's ineffective or improper use of fiends provided under this Agreement D. SPONSOR's submission of reports to the COUNTY that are incorrect or incomplete in any material respect E. SPONSOR's submission of any false certification F. SPONSOR's failure to materially comply with any terms of this Agreement G. SPONSOR's failure to materially comply with the terms of any other agreement between the COUNTY and SPONSOR relating to the Project In the event of any default by the SPONSOR tinder this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part B. Require the use of, or change in, professional property management Community Assisted supported Living, Inc. 16 SHRA-21-001 S111P Rental Acquisition Program Packet Pg. 1888 16.D.14.b C. Require SPONSOR to immediately repay to the COUNTY all SHIP funds the SPONSOR has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to the SPONSOR 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 benefit for any incomplete project activities undertaken under this Agreement, 3.7 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' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SPONSOR or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SPONSOR in the performance of this Agreement, This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SPONSOR shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement, 3.8 COUNTY RECOGNITION/SPONSORSHIPS The SPONSOR agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorship, research reports, and similar public notices, whether printed or digital, prepared and released by the SPONSOR for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY FLORIDA HOUSING FINANCING COPORATION (FHFQ AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SPONSOR. This design concept is intended to disseminate key information regarding the development team as well as Community Assisted supported Living, Inc. 17 SHRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1889 16.D.14.b Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 39 INSURANCE SPONSOR shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A, has been obtained. Said insurance shall be carried continuously during SPONSOR's performance under the Agreement. The SPONSOR shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least $1,000,000 per occurrence in accordance with Exhibit A. 3.10 PURCHASING All purchasing for consumables, capital equipment, and services shall be made by purchase order or written contract in conformity and full compliance with the procedures prescribed by applicable Florida Statutes (FL 287.017) and the Collier County Purchasing Policy, whichever is more stringent. Collier County Ordinance #2017-08 allows for contracting with not -for -profits through the approved exemption. Purchasing Threshold Policy Dollar Range $ Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (RFP, IFB etc. All improvements specified in Part I Scope of Work, shall be performed by SPONSOR employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and FL State requirements, The SPONSOR shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be managed by SPONSOR and monitored by CHS, which shall have access to all records and documents related to the Project. As provided in Section 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list, maintained by the State of Florida Department of Management Services, within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. 3.11 DEBARMENT The SPONSOR certifies that none of its officers or agents has been debarred from bidding, proposing, or contracting for federal, state, or local government programs. The SPONSOR assures that all of its subcontractors who will participate in activities, who are subject to this Agreement, are eligible and have not been debarred. Community Assisted Supported Living, Inc. 18 SEIRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1890 9 €w/ 16.D.14.b 3.12 GRANT CLOSEOUT PROCEDURES The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), closeout monitoring, and determining the custodianship of records. In addition to the records retention outlined in Section 2,2, the SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law 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 to SPONSOR 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 comply with Section 215.97, Florida Single Audit Act. 3.13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SPONSOR agrees that no person shall be excluded from the benefits of, or subjected to discrimination based on race, creed, color, religion, national origin, sex, handicap, familial status, marital status, or age 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 hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SPONSOR agrees to post notices setting forth the provisions of this nondiscrimination clause in conspicuous places available to employees and applicants for employment. To the greatest extent feasible, lower -income residents of the project area shall be given opportunities for training and employment. In addition, eligible business concerns located in or owned in substantial part by persons residing in the project area shall be awarded contracts in connection with the project, to the greatest extent feasible, SPONSOR is encouraged to comply with Section 3 of the Housing and Community Development Act of 1968. 3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses and minority and women owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "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 woolen's business enterprise" meatrs a business at least fifty- one (51) percent owned and controlled by minority group members or women. For the purposes of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The COMMUnit} Assisted supported Living, Inc. 19 SHRA-2 t -oo t SHIP Rental Acquisition Prograin Packet Pg. 1891 (1 16.D.14.b SPONSOR may rely oil written representations by businesses regarding their status as minority and women business enterprises, in lien of an independent investigation. 3.15 PROGRAM BENEFICIARIES As defined by Florida Statute Section 420.9071-420.9079 and the Collier County Local Housing Assistance Plan (LHAP), 100 percent of the beneficiaries receiving SHIP funding through this Agreement must meet the requirement to be at or below 50 percent of the Area Median Income (AMI), as published by HUD. Additionally, the SHIP program requires the SPONSOR to meet specific income set -asides, which are described in Exhibit B. Tenant income eligibility will be validated with supporting documentation during interim monitoring and at closeout. 3.16 AFFIRMATIVE ACTION PLAN The SPONSOR agrees that it is committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SPONSOR shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action Plan is updated during the performance period of this Agreement, the updated plan must be submitted to the COUNTY within 60 days of any update/modification. 3.17 PROHIBITED ACTIVITY The SPONSOR, or personnel employed in the administration of the program, are prohibited from using funds provided herein, for political activities, sectarian or religious activities, lobbying, political patronage, and/or nepotism activities. 3.18 CONFLICT OF INTEREST The SPONSOR covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any direct or indirect personal financial interest in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement. In addition, SPONSOR shall not employ or subcontract any person having any conflict of interest. SPONSOR covenants that it will comply with all provisions of "Conflict of Interest," per FL Statute 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 the costs are reasonable. Approval of an identity of interest contract will be at the COUNTY's sole discretion. This provision is not intended to limit SPONSOR's ability to self -manage the Project using its own employees. Any possible conflict of interest on the part of the SPONSOR, its employees, or its contractors shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted Community Assisted supported Living, Inc. 20 SHRA-21-001 Sl I11' Rental Acquisition Program Packet Pg. 1892 1 r� ! 5 -' 16.D.14.b in such a planner so as not to unreasonably impede the statutory requirement that maximurn opportunity be provided for employment and participation of low and moderate income residents of the project target areas. 3.19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS State funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Florida Statue, Chapter 196.011. The SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct State funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part. Sanctuaries, chapels, or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. 3,20 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SPONSOR and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person to the COUNTY. 3.21 ENFORCEMENT OF AGREEMENT The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds issued for the purpose of providing fiends 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 hercin set forth and supersede any other requirements in conflict herewith. However, this shall not preclude the COUNTY from subordinating its loan to construction financing. Community Assisted Supported Living, Inc. 21 SHRA-2 I -001 SHIP Rental Acquisition Program Packet Pg. 1893 16.D.14.b 3.22 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.23 COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright or patent materials, the SPONSOR may copyright or patent such, but Collier County and the State of Florida reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use such materials and to authorize others to do so. 3.24 COUNTERPARTS OF THE AGREEMENT This Agreement 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. 3.25 ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Signature Page to Follow Community Assisted Supported Living, Inc. 22 S! 1RA-21-001 SHIP Rental Acquisition Program Packet Pg. 1894 16.D.14.b IN WETNESS WHRREt OF, the SPONSOR and COUNTY, have each, respectively, by an authorized person or agomt, hereunder set their llands and seals on tho date first written above. ATTEST, BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By, Deputy Clerk FENNY TAYLOR, CHAIRPERSON Date: COMMUNITY ASSISTED AND SUPPORTED Dated: LIVING, (SEAL) By: J ELLER, CEO Date; ' gg c 3 Approved as to farm and legality: Jennifer A. Belpedio ,f Assistant County Attorney )�\' Date: �0L Community Assisted Supported hiving, Inc. 23 SHRA-21-001 SHIP Iwitnt Acquisition Progmin Packet Pg. 1895 16.D.14.b EXHIBIT A INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Community and Hunhan Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned, and hired vehicles used in connection with this contract, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I -- 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the nacre of the SPONSOR or the licensed design professional employed by the SPONSOR, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SPONSOR and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than 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, G. 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 all area identified by the Federal Emergency Management Agency (FEMA) as leaving 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 (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: Community Assisted Supported Living, Inc. 24 SHIRA-21-001 SHIP Rental Acquisition Program i Packet Pg. 1896 i` 16.D.14.b 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of the replacement cost of the propeity. 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.1.M.A. Community Assisted Supported Living, Inc. 25 SHRA-21-€101 SHIP Rental Acquisition Program Packet Pg. 1897 16.D.14.b EXHIBIT B RENTAL ACQUISITION PROJECT REQUIREMENTS RENTAL ACQUISITION PROGRAM The Project will be developed as affordable Residential rental housing in accordance with the SHIP Program and the FY 2019-2022 Collier County LHAP. The SPONSOR shall perform the following activity under this Agreement: Acquire Rental property 1, Affordability of SHIP -Assisted Units; For the duration of the Affordability Period (20 years), as defined in the Note, Mortgage, and Land Use Restriction Agreement (LURA) of even date, a rrrinimum of 2 properties in the Project shall be SHIP -Assisted units. All SHIP -Assisted units in the Project shall be fixed and tented or held available for Rental on a continuous basis to persons or families who, at the commencement of occupancy shall have a verified annual income that does not exceed 50 percent of the Area Median Income (AMI), as defined by the Department of Housing and Urban Development (HUD) and Florida Housing Finance Corporation. Rents on these units shall be restricted to the SHIP Program rent limits. Maximum eligible income and rent limits are revised annually and are available from the COUNTY. The SPONSOR covenants that all the units will be rented to income -eligible tenants as defined by the Department of Housing and Urban Development (HUD). Income Limits will be restrictive in accordance with HUD income limits, for a minimum affordability period of twenty (20) years from the date of tenant occupancy. All units carry rent and occupancy restrictions until December 14, 2043, which remain in force regardless of transfer of ownership. SHIP -Assisted units shall be reserved for and rented to households that qualify for the following: SHIP -Assisted Tenants According to Income Limits Income Limits Number SHIP -Assisted Properties Very Low 50% AMI 2 Low 80% AMI or Iower 0 Moderate 120% AMI or lower 0 Total of Properties (Minimum) 2 "Units divided into income category according to SHIP -Assisted units tinder affordability period. A household income will be determined by the number of persons listed on each executed lease agreement, The combined rent of each tenant of a single unit cannot exceed the SHIP Program rent limits. Community Assisted Supported hiving, Inc. 26 SHRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1898 16.D.14.b This Agreement incorporates, by reference, terms and conditions described in the Mortgage and Note of even date and any other agreements enforcing the SHIP requirements associated with said Mortgage and Note. The Project budget is $600,000.00, (SIX HUNDRED THOUSAND DOLLARS and ZERO CENTS) and is provided by the COUNTY through the SHIP Program. In no event will acquisition be completed later than 547 days from the date of this Agreement. Acquisition will progress in accordance with the deliverable schedule submitted by the SPONSOR to obtain financing. The SPONSOR shall submit evidence of mortgagee title insurance prior to the closing of the COUNTY's acquisition loan, which conforms to the following specifications: a) a title insurance commitment in form and content, with a company acceptable to the COUNTY, ensuring that the Subordinate Mortgage Loan Documents (as defined in the Note) constitute a valid subordinate position lien on the Property, free and clear of all defects and encumbrances, and containing: i. no survey exceptions, other than those heretofore approved by the COUNTY; ii. coverage to the extent of any disbursement of the Loan together with a pending disburseinents clause, in form and substance, satisfactory to the Lender and its counsel; and iii. Zoning coverage — As applicable b) evidence of annual renewals of insurance coverage provided by SPONSOR during the affordability period. 2. Compliance: The SPONSOR shall determine and verify the income eligibility of tenants for the Project in accordance with HUD housing assistance programs in 24 CFR Part 5. Income shall be calculated by annualizing verified sources of income for the household as the amount of income to be received during the 12 months following the effective date of the determination. SPONSOR must use the Annual Gross Income, as defined in Section 420.9071(4), Florida Statutes, to determine eligibility. SHIP Program income limits cannot be exceeded. SPONSOR shall maintain complete and accurate income records pertaining to each tenant occupying a SHIP -assisted unit. Onsite inspections will be conducted annually, upon reasonable prior written notice, to verify compliance with tenant income, rents, and the minimum property standards as stated in Section 420.907- 420.9079, Florida Statutes and Rule 67-37 Florida Administrative Code, as they may be amended from time to time. Restriction on Use: The SPONSOR must comply with all applicable SHIP program requirements, including but not limited to Section 420,907-420.9079 Florida Statutes, and Rule 67-37 Florida Administrative Code. Any or all of these regulations may, but are not required to be specifically set forth in any additional loan documents executed in connection with the Loan. The SPONSOR shall include such language as the COUNTY may require in any agreements with potential tenants of the Project, or any portion thereof, to evidence such requirements. Community Assisted supported Living, Inc. 27 SHIZA-2 LDO1 SHIP Rental Acquisition Program Packet Pg. 1899 r' 16.D.14.b 4. Default of Subordinate Mort17ag : The Subordinate Mortgage and Note shall provide that a default shall occur if: a. Sale; if proceeds are not sufficient to pay off the mortgage note, the property owner (not -for -profit or for profit) may contact the COUNTY regarding a settlement amount of the SHIP loan. b. Title transfer; either voluntarily or by operation of law, divested of title by judicial sale, levy, or other proceedings, including foreclosure or Deed in Lieu. C. Refinance; a ref imnce of the first mortgage may be approved without repayment if the request is submitted in writing and only in accordance with the COUNTY "Subordination Policy," d. Property will no longer serve the intended target population. Repayment of the Loan is required in full when any of the aforementioned conditions is met. Other defaults may trigger repayment, if not cured within any applicable cure or notice period following a monitoring. a. Lack of SPONSOR compliance with the State statutes or County Codes, which has not been corrected within 30 days of written notice from the COUNTY b. The SPONSOR has not begun to offer a minimum of two (2) affordable rental housing properties to very low-income or below families and individuals, in accordance with the provisions of Part I of ExItibit B on or before, December 14, 2021 c. The SPONSOR abandons, and/or ceases to use the property as affordable rental housing to tenants, without the prior written approval of the COUNTY. S. Assurance of Public Purpose: The SPONSOR covenants that if it is unable or unwilling to develop the property in accordance with the terms and conditions incorporated herein, no lease, sale, or title transfer to any third party shall occur prior to giving the COUNTY a 90-day notification, During that time, the COUNTY shall have the right, solely at the COUNTY'S discretion, to purchase or find another SPONSOR to purchase the Project, and carry out the eligible activities of the SHIP Program, for an amount not to exceed the amount of funds provided by the COUNTY through the Program. 6. Noncompliance includes, but is not limited to: a. SPONSOR fails to maintain commitments in the Regulatory Agreement including: • Low-income set aside percentage requirements • Failure to respond to requests for monitoring reviews b. SPONSOR fails to document lower income occupancy, including: • Lath of verification of income Community Assisted Supporled Living, Inc. 28 S HRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1900 16.D.14.b • Certification or recertification of household members • Non -disclosure of all income on Tenant Income Certifications • Incomplete Tenant Income Certifications • Undisclosed occupants in unit • Failure to submit annual certification and/or other required reports 7. Affirmative Marketing; The SPONSOR shall adopt appropriate procedures for affirmatively marketing the SHIP -assisted units. Affirmative marketing consists of good faith efforts to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area to the available housing. The SPONSOR shall be required to use affirmative fair housing marketing practices in soliciting renters, determining eligibility, concluding transactions, and furthering affirmative 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 upon request by the COUNTY. The SPONSOR Must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market of the available housing. The SPONSOR must provide the COUNTY with an assessment of the affirmative marketing program. Assessment must include: a) methods used to inform the public and potential renters about federal fair housing laws and affirmative marketing policy, b) methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special. outreach, and c) records describing actions taken by the participating entity and/or owner to affirmatively market units and records to assess the results of these actions. 8. Tenant Leases and Protections: Tenants applying for rental housing routs shall be qualified on a first -qualified, first -served basis. Tenants must be income -eligible. The SPONSOR shall comply with the provisions of the Florida Landlord Tenant Act defined in Chapter 83 Part 11 of the Florida Statutes, SHIP Program, and COUNTY requirements, which prohibit certain lease terms. All tenant leases for assisted units shall be expressly subordinate to the Mortgage and shall contain clauses, among others, wherein each individual lessee: a. Agrees that the household income, household composition, and other eligibility requirements shall be deemed substantial and material obligations of the tenancy; that the tenant will comply promptly with all requests by COUNTY OR SPONSOR, for information with respect thereto; and that tenant's failure to provide accurate information about household income, or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of his/her tenancy. b. Agrees not to sublease to any person or family who does not meet income qualifications as determined, verified, and certified by the SPONSOR. States that the rental runt is the tenant's primary residence. Community Assisted Supported Living, Inc. 29 SHRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1901 v C 16.D.14.b d. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed upon by the SPONSOR and tenant. e. Provides documentation of request for special needs. The SPONSOR will submit to the COUNTY, a copy of the tenant/owner lease agreement. Prior to the tenant signing, the lease will be reviewed for compliance with affirmative marketing, tenant selection, and SHIP provisions stated in Section 420.907-420.9079, Florida Statues and Rule 67-37, Florida Administrative Code. 9. Project Requirements: The SPONSOR agrees not to undertake any activity that iriay adversely affect historic or environmental sensitivity of the site; and to mitigate any findings identified in an environmental assessment. The SPONSOR agrees that if the Project is located in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. The SPONSOR shall develop and submit to CHS, within 60 days of Agreement execution, an acquisition schedule to include the following: a) Project acquisition will commence and be completed in accordance with the schedule submitted. In no event will acquisition commence later than 60 days from the date of this Agreement nor will the project be completed later than 18 months from the date of this Agreement. b) "Project completion date" means the issuance of all certificates of occupancy and completion of initial lease -tip. 10. Property Standards: The SPONSOR attests that the Project will meet the standards of the Florida Building Code and all applicable local codes, standards, ordinances, and zoning ordinances at the time of project completion and throughout the duration of the affordability period. The Project will also meet the accessibility requirements at 24 CFR part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C, 794); and covered multifamily dwellings, as defined at 24 CFR 100.201; and the design and construction requirements at 24 CFR 100.205, which implement the Fair 1-lousing Act (42 U.S.C. 3601-3619) in the event the property is rehabilitated at any time during affordability period, In accordance with the Local Housing Assistance Plan, SPONSOR shall follow each SHIP Program strategy requirements below: 11. Energy Efficient Best Practices: Section 420.9075(3)(d), Florida Statutes defines Energy Efficient Best Practices as: Innovative design, green building principles, storm resistant construction, or other elements that reduce long term costs relating to maintenance, utilities, or insurance in the event the property is rehabilitated at any time during affordability period. Tile COUNTY requires the use or inclusion, when appropriate, of energy star appliances, Community Assisted Supported Living, Inc. SH RA-2 t -00 t SHIP Rental Acquisition Program 30 f4 Packet Pg. 1902 off; 16.D.14.b low-E windows, additional insulation (for increased R-value), ceramic tile, tankless water beater, 14 and 15 SEER air conditioning units, stucco, florescent light bulbs, and impact resistant windows and doors. 12. Property Management. The COUNTY reserves the right to require the SPONSOR to enter into a contract with a property management firm approved by the COUNTY, for professional management services of the Property; providing for leasing, collection of rents, maintenance and repair of property, and other property management tasks as the COUNTY may require in the event the SPONSOR is failing to meet tenant needs. Such contract shall stipulate that the contract will not be amended or terminated without prior written consent of the COUNTY. Community Assisted Supported Living, Inc. 31 SHRA-21-001 SHIP Rental Acquisition Program "y , Packet Pg. 1903 16.D.14.b EXHIBIT C BUDGET NARRATIVE RENTAL ACQUISITION PROGRAM The total SHIP allocation to the SPONSOR for the Rental Acquisition Program shall not exceed SIX HUNDRED THOUSAND DOLLARS and ZERO CENTS ($600,000.00). Sources for these funds are as folloivs: Fiscal Yeas Re�lltal ARcquisition Tat�l 2020-2021 $306,677.51 $306,677.51 2021-2022 $293,322.49 $293,322.49 Total Funds ..'_ $600,000.00 $000,00.0.00 Funds shall be disbursed in the following manner; 1. Acquisition expenditure shall not exceed $300,000.00per property acquired. 2. Funds will be disbursed via wire transfer at the time of closing. 3. Funds may be shifted between fiscal years to allow for maximum amount of funds to be expended. 4. If the purchase price of the property exceeds $300,000.00, the Sponsor is responsible for payment of the balance. Community Assisted Supported Living, Inc. 32 S HRA-21-001 SHIP Rental Acquisition Program Packet Pg. 1904 i i 16.D.14.b EXHIBIT D COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Community Assisted Supported Living, Inc. SPONSOR Address: 2911 Fruitville Road, Sarasota, FL 34237 Project Name: Rental Acquisition Project No: SHRA-2I-001 Payment Request # Total Payment Mints Retainage $ Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Sponsor CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SPONSOR. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required under $15,000) Community Assisted Supported living, Inc. S HRA-21-001 SHIP Rental Acquisition Program 33 Date Authorizing Grant Accountant Division Director (Approval Required above $15,000) Packet Pg. 1905 16.D.14.b EXHIBIT E QUARTERLY PROGRESS REPORT Complete form for preceding quarter and submit to Community and Human Services staff by the 101" of the following quarterly month. Status Report for the Quarter Eliding: Project Name: Rental Acquisition SPONSOR: Community Assisted Supported Living, Inc. Contact Person: Telephone: Fax: E-mail: ubmittal Date: Project Number: SHIRR-21-001 PROPERTY UNIT DATA Number of properties viewed/show of interest this period Number of contract offers submitted this period Number of contract offers denied to date EXPENDITURE DATA Amount of fiends expended this period Amount of fiends expended to date New Contracts executed this period Name of Owner Property Address Amount of Contract Income Data Tenant Income Category Income Amount What events/actions are scheduled for the next month? Date S ignature Community Assisted supported Living, Inc. 34 SHRA-21-001 SHIP Rental Acquisition Program ture Packet Pg. 1906 a 16.D.14.b EXHIBIT F ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier .County to monitor subrec pients of federal. 'awards to determine if subrecipients are. compliant with established audit requirements (Subpart F), Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on. when the activity.related to the .Federal award occurs, including. any Federal award provided by Collier County. The determination of amounts of Federal awards expended :shall be in accordance with the guidelines established by 2 CFR Part 200, 'Subpart F — Audit Requirements. This. form may be used.to monitor:Florida Single Audit Act: Statute 215.97 requirements. Subrecipient Name First Date of Fiscal Year MM/DDIYY Last Date of Fiscal Year MMfDAIYY Total Federal Financial Assistance Expended Total State financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been ❑ met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information;` is true and accurate.' I Signature I Date I Print Name and Title Community Assisted Supported Living, ]no. 35 SHRA-21-001 SHIP Rental Acquisition Progrmin 06/1.8 Packet Pg. 1907