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Backup Documents 07/12/2022 Item #16D12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 p 12 r; ; TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO _ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Lisa N. Carr Community and Human LNC 7/7/2022 Services 2. County Attorney Office County Attorney Office 019 71(2.Jzz 3. BCC Office Board of County Commissioners gyp? r /s/ 7/ZO(ZZ 4. Minutes and Records Clerk of Court's Office LAM i i `124ZZ os1yn PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lisa N. Can, Sr. Grant Coordinator, Phone Number 239-252-2339 Contact/ Department Community an an Services Agenda Date Item was , 2022 -7 Agenda Item Number 16.D 12 Approved by the BCC Type of Document Agreement btw CC and Rural Number of Original 3 Attached Neighborhoods, Inc.- Owner Occupied Documents Attached Rehabilitation Program PO number or account number if document is n/a to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? No 2. Does the document need to be sent to another agency for additional signatures? If yes, LNC provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be LNC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's LNC Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LNC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LNC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/12/2022 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the (� BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160I2 MEMORANDUM Date: August 1, 2022 To: Lisa N. Carr, County Attorney's Office From: Mende Ragan Minutes & Records Department Re: Item #16D12 Agreement between CC and Rural Neighborhoods Please find the attached for your records. The Minutes and Record's Department has kept the original of the agreement as part of the Board's Official Record. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment I6Di24 Melinda S. Ragan From: Melinda S. Ragan Sent: Wednesday, July 20, 2022 1:08 PM To: CarrLisa Subject: Item #16D12 Agreement btw CC and Rural Neighborhoods Inc Attachments: Backup Documents 07_12_2022 Item#16D12.pdf Please find the attached executed copy for your records. If you would like me to interoffice the other two originals you requested I will be happy to do so. If you would rather pick them up let me know. Thank You! 1 , Grant- SHIP FY 2022-2023 Agreement#: SHOR 22-001 Activity: Owner-Occupied Rehabilitation (OOR) SPONSOR: Rural Neighborhoods, Incorporated CSFA#: 40.901 Total Award Amount: $200,000.00 DUNS#: 605098438 FEIN: 65-1238417 Period of Performance: July 12,2022 through June 30,2024 FISCAL YEAR: December 31st MONITORING END: September 30, 2024 AGREEMENT BETWEEN COLLIER COUNTY AND RURAL NEIGHBORHOODS,INCORPORATED Owner-Occupied Rehabilitation Program(OOR) THIS AGREEMENT is made and entered into this 12th day of July , 2022,by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 Tamiami Trail East, Suite 213,Naples FL 34112, and Rural Neighborhoods, Incorporated(SPONSOR)a nonprofit corporationexisting under the laws of the State of Florida,having its principal office 19308 SW 380th 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 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 (SHIP); and WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertaking certain activities to primarily benefit persons or households earning not greater than 120 percent of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2022-2025 Local Housing Assistance Plan (LHAP), as amended, was adopted by the Board of County Commissioners on April 26, 2022, Item 16D.3, Resolution No. 2022-68A; and Rural Neighborhoods,Incorporated SHOR 22-001 1 Owner-Occupied Rehabilitation �+ O 16D12 WHEREAS, the COUNTY and SPONSOR desire to provide Owner-Occupied Rehabilitation assistance, in accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and WHEREAS, the COUNTY desires to engage 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 SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required as a condition of the 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: Owner-Occupied Rehabilitation Program Description of project and outcome: The Owner-Occupied Rehabilitation (OOR) Program is designed to provide SHIP funds to assist income eligible homeowners,that own and occupy their home, with necessary replacement or repairs of construction components for residential properties, and to correct code violations or emergency repairs that impact health, safety, and welfare. The home must be suitable for rehabilitation and located within the unincorporated and incorporated areas of Collier County. The OOR Program may be administered in accordance with Collier County's Rehabilitation Standards (incorporated by reference, and as amended) and shall be administered in accordance with the Owner-Occupied Rehabilitation Assistance Strategy as outlined in the COUNTY's 2022-2025 SHIP Local Housing Assistance Plan, as amended (incorporated by reference). Project Component One: Administer and implement the SHIP Owner-Occupied Rehabilitation Program. Project Component Two: Project Delivery Fee (maximum of 5 percent per total project costs) Project Component Three: Inspection for non-eligible properties (maximum $250.00) A. Project Tasks: 1. Initiate home inspection 2. Review Contractor Bid Form/work write-up 3. Initiate contractor solicitation 4. Select contractor 5. Issue Contractor's Notice to Proceed 6. Obtain General Liability, Worker's Compensation Insurance 7. Execute Tri-Party agreement with homeowner and contractor 8. Schedule final inspection(s) Rural Neighborhoods,Incorporated SHOR 22-001 2 Owner-Occupied Rehabilitation Q G�' 6012 9. Obtain Contractor Lien Wavier B. SHIP Documentation Requirements Compliance Criteria: Activities carried out with funds under this Agreement will be performed in compliance with State Housing Initiatives Partnership(SHIP)Program,Florida Statutes section 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). B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SPONSOR will implement the Scope of Service summarized in Section 1.2 and Exhibit B of this Agreement. 1.2 SCOPE OF SERVICE SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits B and C (Project Narrative and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, Owner-Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle Fiscal Year 2022-2023, and SPONSOR's Application dated February 10, 2022. 1.3 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SPONSOR must deliver to CHS for approval a detailed project schedule for the completion of the project. B. SPONSOR must submit the following resolutions and policies within sixty (60) days of execution of this Agreement: XI Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy (COI) and related COI forms ® Procurement Policy n Uniform Relocation Act Policy ® Sexual Harassment Policy n Section 5/4ADA Policy ® Fraud Policy n Language Assistance and Planning Policy (LAP) n Violence Against Women Act(VAWA)Policy Rural Neighborhoods,Incorporated SHOR 22-001 3 Owner-Occupied Rehabilitation 1b012 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 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 Description/Budget Description State Amount Project Component 1: Administer and implement the SHIP $189,500.00 Owner-Occupied Rehabilitation Program. Project Component 2: Project Delivery Fee (maximum of 5% $10,000.00 per total project costs) Project Component 3: Inspection for non-eligible properties $500.00 (maximum $250.00) Total State Funds $ 200,000.00 SPONSOR will accomplish the following checked project tasks: n Pay all closing costs related to property conveyance n Maintain, and provide to the COUNTY as requested, beneficiary income certification documentation, retained at SPONSOR location ❑ Maintain Eligibility Documentation, retained at SPONSOR location M Provide Quarterly Reports on project progress • Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS • Provide monthly rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Manager ❑ Provide Site Design and Specifications n 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 n 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. Rural Neighborhoods,Incorporated SHOR 22-001 4 Owner-Occupied Rehabilitation O 6D12 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 N/A Specifications Progress Report Progress report, detailing 30 days after the end of the accomplishments Exhibit E calendar quarter until June 30, 2024, and annually thereafter Annual Audit Monitoring Exhibit F Annually,within 60 days Report from 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 2039 D. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component 1: Exhibit D along with invoice and Monthly,by the 30th of Administer and implement proof of payment as evidenced by the month following the SHIP Owner-Occupied cancelled checks or bank the month of service. Rehabilitation Program statements, and any other documents as requested Project Component 2: Project Exhibit D along with invoice and Monthly,by the 30th of Delivery Fee proof of payment as evidenced by the month following cancelled checks or bank the month of service statements,time sheets, pay roll and any other documents as requested Project Component 3: Exhibit D along with invoice and Monthly, by the 30th of Inspection for non-eligible proof of payment as evidenced by the month following properties (maximum cancelled checks or bank the month of service $250.00) statements, and any other documents as requested Rural Neighborhoods,Incorporated SHOR 22-001 5 Owner-Occupied Rehabilitation GQ,O 16U12 1.5 PERIOD OF PERFORMANCE SPONSOR services shall begin on July 12, 2022, and end on June 30, 2024. This Agreement must remain in effect throughout the development process of the Project and is terminated upon completion of all rehabilitation projects. In any event, SPONSOR shall complete all services required hereunder prior to June 30, 2024. Any Funds not obligated by the expiration date of this Agreement shall automatically 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 SPONSOR. 1.6 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED THOUSAND DOLLARS and ZERO CENTS ($200,000.00) for use by the SPONSOR, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modifications to the Budget and Scope may only be made if approved,by COUNTY,in advance. Funds may be shifted to allow for the maximum number of units to be rehabilitated. All services/activities specified in Part 1 Scope of Services shall be performed by SPONSOR or its subcontractors that meet State requirements. Contract administration shall be handled by SPONSOR and monitored by CHS,which shall have access to all records and documents related to the project. SPONSOR may,with prior COUNTY approval,adjust the budget between Project Components, as needed, in order to respond to the needs of the community. Total expenditures may not exceed the Total State Funds. The COUNTY shall reimburse 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 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 the month, or if SPONSOR is not yet prepared to send the required backup, a $0 invoice is required. Explanations will 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. Services performed by SPONSOR and paid for by Everglades Housing Group, Inc. and SPONSOR shall be reimbursed to SPONSOR subject to validation of expenditure. 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. Rural Neighborhoods,Incorporated SHOR 22-001 6 Owner-Occupied Rehabilitation co bD1a 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 1.4.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 sections 218.70-218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa N. Carr, Sr. Grants Coordinator Collier County Government Community and Human Services 3339 Tamiami Trail East, Suite 213 Naples, FL 34112 Email to: Lisa.Carr@colliercountyfl.gov Telephone: 239-252-2339 SPONSOR ATTENTION: Steven Kirk, President Rural Neighborhoods, Incorporated 19308 SW 380 Street Florida City, FL Zip 33034 Email to: stevekirk@ruralneighborhoods.org Telephone: (305) 242-2142 Remainder of Page Intentionally Left Blank Rural Neighborhoods,Incorporated SHOR 22-001 7 Owner-Occupied Rehabilitation co 6D12 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS Pursuant to Florida Statute section 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 the requirements of section 215.97(7), Florida Statutes. This includes submission of a reporting package, as defined by section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 60 days after receipt by SPONSOR, but not later than 180 days after SPONSOR's fiscal year end. SPONSOR shall submit the financial reporting package and Exhibit F to the Grant Coordinator. If SPONSOR expends less than $750,000 in State awards in its fiscal year, it is not required to conduct an audit in accordance with the provisions of Section 215.97,Florida Statutes.However, if SPONSOR expends less than$750,000 in State awards in its fiscal year and still elects to have an audit conducted in accordance with provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from non-State funds. 2.2 RECORDS AND DOCUMENTATION SPONSOR shall maintain sufficient records in accordance with the Florida Housing Finance Corporation (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 create 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, maps, books, records, and other data procedures developed, prepared, assembled, or completed by 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 as will properly reflect all net costs, direct and indirect labor, materials, Rural Neighborhoods,Incorporated SHOR 22-001 8 Owner-Occupied Rehabilitation G,o � 6 0I 2 equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed 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 five (5)years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334 However, if any litigation, claim, or audit is started before the expiration date of the five (5)year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If 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 2 CFR 200.337 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 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, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- 252-2679, Michael.Brownlee(aicolliercountyfl.gov, 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 FHFC Income Guidelines. Income certification documentation will be validated at interim and closeout monitorings. SPONSOR agrees that CHS shall be the final arbiter on SPONSOR's compliance. F. SPONSOR shall document how it complied with the Program components, applicable regulations included in Exhibit B, and eligibility requirement(s) under which Funding was received. This 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 Rural Neighborhoods,Incorporated SHOR 22-001 9 Owner-Occupied Rehabilitation co 6012 public records disclosure requirements, are not disclosed except as authorized by Chapter 119, Florida Statues. 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 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. 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. 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 nonperformance 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 SPONSOR does not take corrective action 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 control systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide for 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 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. Rural Neighborhoods,Incorporated SHOR 22-001 10 Owner-Occupied Rehabilitation • 6012 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 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 CHS issuing Findings or Concerns to SPONSOR,which requires SPONSOR to submit a corrective action plan to CHS within 10 business 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 SPONSOR fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount to be returned to the COUNTY. • CHS may require SPONSOR to return upwards of 5 percent of the award amount 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. 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,to be returned to the COUNTY. • CHS may require SPONSOR to return upwards of 10 percent of the award amount 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 SPONSOR continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. Rural Neighborhoods,Incorporated SHOR 22-001 11 Owner-Occupied Rehabilitation ��Q 1 6 D 1 2 • CHS will make a recommendation to the Board to immediately terminate the Agreement. SPONSOR will be required to repay all Funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • 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 required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the COUNTY on the 30th 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, SPONSOR 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 F, which contains a sample reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises, and/or if 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 Page Intentionally Left Blank Rural Neighborhoods,Incorporated SHOR 22-001 12 Owner-Occupied Rehabilitation 6012 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 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. SPONSOR also agrees to comply with all other applicable State and Local laws, regulations, and policies governing the Funds provided under this Agreement. SPONSOR agrees to utilize Funds available under this Agreement to supplement, rather than supplant, funds otherwise available for Owner- Occupied 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. 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 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,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 Rural Neighborhoods,Incorporated SHOR 22-001 13 Owner-Occupied Rehabilitation 16012 continue to pay 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, 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 SPONSOR under the terms of this Agreement. 3.6 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341 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 SPONSOR shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and FHFC guidelines, policies, or directives as may become applicable at any time B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner C. Ineffective or improper use of Funds provided under this Agreement D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect E. Submission of any false certification F. Failure to materially comply with any terms of this Agreement G. Failure to materially comply with the terms of any other agreement between the COUNTY and SPONSOR relating to the Project In the event of any default by SPONSOR under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200,Appendix II (B): A. Require specific performance of the Agreement, in whole or in part Rural Neighborhoods,Incorporated SHOR 22-001 14 Owner-Occupied Rehabilitation I 6 D 1 2 B. Require the use of, or change in, professional property management 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 SPONSOR specifying the effective date of such termination.If the Agreement is terminated by the COUNTY as provided herein, 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, 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 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. SPONSOR shall pay all claims and losses of any nature whatsoever in connection therewith,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 SPONSOR agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of Program sponsorships, research reports, and similar public notices, whether printed or digital, prepared and released by 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" Rural Neighborhoods,Incorporated SHOR 22-001 15 Owner-Occupied Rehabilitation ��0 � 6U1Z and shall appear in the same size letters or type as the name of SPONSOR. This design concept is intended to disseminate key information to the general public regarding the development team as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.9 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. SPONSOR shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least$1,000,000 per occurrence in accordance with Exhibit A. 3.10 PURCHASING All purchasing for consumables,capital equipment,and services shall be made by purchase order or written contract and in conformity and full compliance with the procedures prescribed by applicable Florida Statutes (for example, section 287.017) and the Collier County Purchasing Policy, whichever is more stringent. Collier County Ordinance No. 2017-08 allows for contracting with not-for-profits through the approved exemption. Purchasing Threshold Policy Dollar Range($) Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB,RFP, 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. 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, 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 SPONSOR certifies that none of its officers or agents has been debarred from bidding,proposing, or contracting for Federal, State, or Local government programs. SPONSOR assures that all its subcontractors who will participate in activities, and are subject to this Agreement, are eligible and have not been debarred. Rural Neighborhoods,Incorporated SHOR 22-001 16 Owner-Occupied Rehabilitation 6D1 . 3.12 GRANT CLOSEOUT PROCEDURES 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 requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. SPONSOR shall return to the COUNTY any balance of unobligated Funds that have been advanced or paid to SPONSOR. It must also return to the COUNTY any funds paid in excess of the amount the SPONSOR is entitled under the terms and conditions of this Agreement. SPONSOR shall also produce records and information that comply with section 215.97, Florida Statutes, the Florida Single Audit Act. 3.13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE 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 SPONSOR in performance of this Agreement. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. 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. 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,to the greatest practicable extent,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. 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 women's business enterprise" means a business that is 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 Black Americans, Hispanic Americans,Asian/Pacific Americans, Native Americans,and Hasidic Jews. SPONSOR may rely Rural Neighborhoods,Incorporated SHOR 22-001 17 Owner-Occupied Rehabilitation I 6 U12 on written representations by businesses regarding their status as minority and women business enterprises, in lieu of an independent investigation. 3.15 PROGRAM BENEFICIARIES As defined by Florida Statute sections 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 120 percent of the Area Median Income (AMI), as established by HUD. Additionally, the SHIP program requires SPONSOR to meet specific income set-asides, which are described in Exhibit B. Income eligibility of tenants will be validated with supporting documentation during interim monitoring and at closeout. 3.16 AFFIRMATIVE ACTION PLAN SPONSOR agrees that it is committed to carrying 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. Prior to award of Funds, SPONSOR shall submit a plan for an Affirmative Action Program to COUNTY for approval. If the Affirmative Action Program is updated during the period of performance of this Agreement, SPONSOR must submit the updated plan to the COUNTY within 60 days of any update/modification. 3.17 PROHIBITED ACTIVITY 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 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. In addition, SPONSOR will 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 Florida Statutes section 287.057 and any additional State and County statutes, regulations,ordinances, or resolutions governing conflicts of interest. 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. Rural Neighborhoods,Incorporated SHOR 22-001 18 Owner-Occupied Rehabilitation coo I601Z . Any possible conflict of interest on the part of SPONSOR, its employees, or its contractors shall be disclosed, in writing,to CHS provided however that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment and participation of low- and moderate-income residents of the project target areas. 3.19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS State Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Florida Statutes, Chapter 196.011. SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment 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 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 SPONSOR provides services to clients under this Agreement, SPONSOR and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect, or exploitation of a child, aged person, or disabled person. 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 Rural Neighborhoods,Incorporated SHOR 22-001 19 Owner-Occupied Rehabilitation co 6 U 1 a that it has not, and will not, execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that, in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. However, this shall not preclude the COUNTY from subordinating its loan to construction financing. 3.22 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such 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, 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. [Signature Page to Follow] Rural Neighborhoods,Incorporated SHOR 22-001 20 Owner-Occupied Rehabilitation co I 6 D 1 2 . IN WITNESS WHEREOF,the SPONSOR and the COUNTY,have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO THE COUNTY: CRYSTAL K. KINZEL,CLERK BOARD OF ' ��%i , • _ •MMISSIONERS OF L COLLee • i LORID• By:hy. , . //i„//..//:_... . -, ar/ v-• Or OA° DEPU CLERK _d �' WI AM L.MCDANIEL,JR., CHAIRMAN Date:_4 1.(�/ 2.0Z--Z— ` - ( EAL) Date: -7/t217/07i2- y lq Abs. ff t as to Cha WITNESSES: AS TO THE SPONSOR: Q4c /0-c.4„-0 RURAL NEIGHBO ODS,INCORPORATED fitness#1 Signature By: 1_, sA lo rC.Q,S EVEN IRK,PRESIDENT .,,_With ss#1 Printed Name C ` uLACIL D Date: C— 22 Witness#2 Signature [Please provide Evidence of Signing Authority] k-V.n\ClJk kc. 1 e S Witness#2 Printed Name Ap, • edastofo and e ality: DeI• D. Perry ,,cF1 Assistant County Attorney j 1,: qc,1/ Date: -3 d 9 l Z 0 2 Z Rural Neighborhoods,Incorporated SHOR Apo 21 Owner-Occupied Rehabilitation CA 0 16 12 EXHIBIT A INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, do Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this 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: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SPONSOR. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SPONSOR shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA)as having special flood hazards,flood insurance under 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 Rural Neighborhoods,Incorporated SHOR 22-001 22 Owner-Occupied Rehabilitation coo in force throughout the duration of the loan and/or Agreement: 1 6 D 1 2 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 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.I.M.A. Rural Neighborhoods,Incorporated SHOR 22-001 23 Owner-Occupied Rehabilitation coo 16 D 12 EXHIBIT B PROGRAM NARRATIVE OWNER-OCCUPIED REHABILITATION PROGRAM The Owner-Occupied Rehabilitation Program is designed to assist income eligible homeowners who own and occupy their home, by providing SHIP Funds to assist with necessary repairs to correct code violations or emergency repairs that impact health, safety, and welfare. The home must be suitable for rehabilitation and located within the unincorporated or incorporated areas of Collier County. The Owner-Occupied Rehabilitation Program shall be administered in accordance with Collier County's Rehabilitation Standards (incorporated by reference, and as amended) and with the Owner-Occupied Rehabilitation Assistance Strategy as outlined in the County's 2022-2025 SHIP Local Housing Assistance Plans, as amended(incorporated by reference). A. DESCRIPTION OF WORK TO BE PERFORMED CHS is responsible for final approval of income eligibility of all applicants. CHS will record liens against the homeowner prior to the issuance of the Notice to Proceed (NTP) and once the improvements are completed. CHS will ensure compliance with respect to all applicable SHIP regulations and coordinate with a third-party inspector to conduct the initial and final inspections of the completed rehabilitation.The third-party inspector will also evaluate the property and work write- ups prior to SPONSOR issuing the Invitation to Bid (ITB) or requests for quote. SPONSOR will carry out housing rehabilitation contract management and inspection for the Owner- Occupied Rehabilitation Program, and perform technical and administrative work involving the repair and renovation of residential properties for the program similar to the steps listed below: 1. Meet with homeowner, conduct testing, and provide evaluation to determine the needs of the home along with any health and safety issues not identified that would impact the COUNTY's ability to authorize the work. Once evaluation is complete, SPONSOR will create a scope of work and an Independent Cost Estimate for the unit and submit to CHS for review and approval. 2. Issue an ITB or request for quote to potential building contractors, utilizing the COUNTY's Purchasing Policy for each property. Each ITB or quote will be advertised in accordance with the COUNTY's Purchasing Policy. SPONSOR shall issue the ITB or quote,respond to questions, conduct the walk-through with potential contractors (if necessary), and make recommendations for awards. 3. Complete rehabilitation and obtain final inspection approval by third-party inspector within 120 days from NTP approval by CHS. If SPONSOR fails to complete the necessary rehabilitation within the time frame, the project delivery fee associated with the unit shall be forfeited unless CHS allows a time extension. If there is an unforeseen delay, SPONSOR shall submit a written explanation and request approval for a time extension from CHS. 4. Authorize a change order up to $500.00 per rehabilitation unit, if necessary. No change order will be approved if it exceeds the per-unit maximum, as outlined in the LHAP. If the change Rural Neighborhoods,Incorporated SHOR 22-001 24 Owner-Occupied Rehabilitation 1 6 D12 order exceeds $500.00, the SPONSOR shall seek prior approval from CHS staff and/or the COUNTY's third-party inspector. The change order approval must be in writing and submitted at the time of the payment request. If the approval is not obtained or provided, SPONSOR will not be reimbursed. 5. Submit close out documentation, any warranties transferred to homeowner, and all final pay requests to CHS. 6. Serve as mediator as issues arise, to resolve any contract disputes between homeowner and contractor, while providing support and guidance to the homeowner throughout the process. B. WORKING HOURS Regular service shall be made available between the hours of 8:00 AM to 5:00 PM,Monday through Friday, excluding COUNTY recognized holidays. There may be times when SPONSOR may need to be available after hours to accommodate the homeowner. C. ESTIMATES: SPONSOR shall solicit estimates/quotes on all rehabilitation projects, based on the COUNTY's Purchasing Policy referenced herein, and provide those estimates to the COUNTY prior to final contractor selection. D. LEVELS OF ACCOMPLISHMENT 1. Successful repair and closeout of an eligible owner-occupied housing unit. 2. Quarterly submittal of Progress Reports. E. PROJECT RECORDS SPONSOR will be required to make working papers available, upon request,without charge,to any Federal, State, or Local agency upon request. At a minimum, records shall include the following: 1. Written inspection report describing code violations or issues deemed health, safety, and/or welfare issues,or emergency repairs;a work write-up providing detailed specifications to be used in addressing the code violations or health/safety/welfare issues; general property and energy efficiency improvements; an in-house cost estimate; and copies of all bid documents and bids received. 2. Copy of executed contractor purchase order/agreement and homeowner agreement. 3. Evidence of complete and successful repair of an eligible housing unit. 4. Proof of an executed agreement between the SPONSOR and the homeowner, and a contractual agreement between SPONSOR and the contractor (or subcontractors) licensed to pull required permits in Collier County. Proof of completed repairs identified in the work write-up, as evidenced by the following: • Certificate of occupancy or hard cards showing County building official approval of Rural Neighborhoods,Incorporated SHOR 22-001 25 Owner-Occupied Rehabilitation co I6Di2 work requiring County permit • Inspection of the completed work performed by the contractor (or subcontractors) by the CHS third-party inspector • A copy of the release of liens for each contractor • A copy of SPONSOR's payment (check) to each contractor (or copies of checks paid to subcontractors) • Before and after pictures of work completed • Signature of homeowner confirming satisfaction of work completed. If homeowner refuses to sign, a letter from the SPONSOR is required. • Change orders and documentation of approval, if applicable • Bid documents (solicitation notice and bid tabulation) Rural Neighborhoods,Incorporated SHOR 22-001 26 Owner-Occupied Rehabilitation �tti0 I6012 EXHIBIT C BUDGET NARRATIVE OWNER-OCCUPIED REHABILITATION PROGRAM The total SHIP allocation to SPONSOR for the Owner-Occupied Rehabilitation Program shall not exceed Two Hundred Thousand and 00/100 Dollars ($200,000). Sources for these funds are as follows: Fiscal Year Project Inspection for Rehab Fund Total Delivery Non-Eligible 2022-2023 $10,000.00* $500.00 $189,750.00 $200,000.00 ** Total Funds $10,000.00 $500.00 $189,500.00 $200,000.00 *maximum project delivery **expenditure deadline for 2022/2023 is June 30, 2025, as extended and approved by Florida Housing Finance Corporation Funds may be shifted between project delivery, inspection for non-eligible, and rehab to allow for the maximum amount of Funds to be expended. Uses of these funds are as follows: Funds shall be disbursed in the following manner for the following uses: 1. Maximum rehabilitation funding per unit is in accordance with the LHAP. 2. A project delivery fee of 5 percent of the rehabilitation cost, to complete program management and other project compliance activities conducted by staff or contracted party, shall be paid for each completed unit. Associated work to perform technical and administrative work involving the construction and renovation of residential properties. 3. An inspection fee of$250.00 will be paid for those homes that fail to meet the rehabilitation standards. This fee is only paid when a property fails to meet the criteria.No other fees will be paid to SPONSOR in such circumstances. Rural Neighborhoods,Incorporated SHOR 22-001 27 Owner-Occupied Rehabilitation co 1 6 D 1 2 EXHIBIT D COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Rural Neighborhoods, Incorporated SPONSOR Address: 19308 SW 380th Street Florida City, Florida 33034 Project No: SHOR 22-001 Payment Request# Total Payment Minus Retainage Period of Availability: -through Period for which SPONSOR 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 Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required$14,999 and below) Division Director(Approval Required$15,000 and above) Rural Neighborhoods,Incorporated SHOR 22-001 28 Owner-Occupied Rehabilitation CI*o I 6 D 1 2 EXHIBIT E QUARTERLY PROGRESS REPORT Complete form for preceding quarter and submit to Community and Human Services staff by the 30th of the following quarterly month. Status Report for the Quarter Submittal Date: Ending: Project Name: Owner-Occupied Rehabilitation Program Project Number: SHOR 22-001 SPONSOR Name: Rural Neighborhoods,Incorporated Contact Person Steve Kirk,President Telephone: (305)242- Fax: Email: stevekirk@ruralneighborhoods.org 2142 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 may cause delay in meeting scheduled expenditure deadline dates. Signature Date: Rural Neighborhoods,Incorporated SHOR 22-001 29 Owner-Occupied Rehabilitation co o I 6 D 1 2 EXHIBIT F ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended during most recently completed Total State Financial Assistance Expended Fiscal Year during most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been ❑ met and a 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 El 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 I understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 Rural Neighborhoods,Incorporated SHOR 22-001 30 Owner-Occupied Rehabilitation