Agenda 5/23/2023 Item #16D1 (Signing of 2 State Housing Initiative Partnership agreement between Collier County and Casa Amigos EHT, LLC)16.D.1
05/23/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign two (2) State Housing Initiative
Partnership Sponsor Agreements between Collier County and Casa Amigos EHT, LLC., in the amount of
$250,000 and Immokalee Fair Housing Alliance, Inc. in the amount of $500,000 for construction of rental
housing units in Immokalee. (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. The County has established its SHIP Program in accordance
with sections 420.907-.9079, Florida Statutes, and Chapter 67-37, Florida Administrative Code. 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 26, 2022, (Agenda Item #16D3), the Board of County Commissioners (Board) adopted the SHIP 2022-
2025 Local Housing Assistance Plan (LHAP). This LHAP includes the Rental Development Strategy. The Rental
Development strategy allows the County to use SHIP funds to support for -profit or non-profit organizations to
construct new rental units within Collier County for income -eligible renters. This SHIP strategy is designed to
support landlords/owners who have site control of the land to build single-family, multifamily, or
mobile/manufactured rental units on scattered sites or within a rental complex.
Annually, the Community and Human Services Division (CHS) staff advertise an application cycle to secure
organizations to implement SHIP strategies.
Casa Amigos EHT, LLC $250,000
The application cycle was from January 6, 2022, through February 11, 2022. CHS received a total of thirty (30)
applications and four (4) were for SHIP -eligible projects. On March 10 and 11, 2022, the Review and Ranking
Committee met to review all applications. The committee selected Casa Amigos EHT, LLC. project for award.
The agreement with Casa Amigo EHT, LLC. will support permit fees, pre -development, and all related construction
costs to support twenty-four (24) SHIP -assisted units. Casa Amigos EHT, LLC will provide fourteen (14) Very
Low -Income and ten (10) Low -Income units. The property will be income and rent -restricted for thirty (30) years to
ensure long-term affordability. Casa Amigos EHT, LLC. will be responsible for providing/executing a Land Use
Restriction Agreement, Promissory Note, and Mortgage for an affordability period in favor of Collier County,
pursuant to the FY 2022-2025 approved LHAP.
Immokalee Fair Housing Alliance, Inc. $500,000
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. In March 2021, the Review and Ranking Committee met
to review all applications. The committee selected another residential development project for award and
subsequently turned back the award due to their inability to meet the income targeting requirements of the SHIP
program. As such, the next project for funding was Immokalee Fair Housing Alliance, Inc. and on August 12, 2022,
they were officially notified of their award. The agreement with Immokalee Fair Housing Alliance will support
permit fees, pre -development, and all related construction costs to support sixteen (16) SHIP -assisted units. All
SHIP -assisted units will be at the 50% AMI income limit. The property will be income and rent -restricted for thirty
(30) years to ensure long-term affordability. Immokalee Fair Housing Alliance, Inc. will be responsible for
providing/executing a Land Use Restriction Agreement, Promissory Note, and Mortgage for an affordability period
in favor of Collier County, pursuant to the FY 2022-2025 approved LHAP.
FISCAL IMPACT: Funds in the amount of $750,000 are available in SHIP Grant Fund (791), Project 33807. The
Packet Pg. 760
16.D.1
05/23/2023
proposed action does not have any impact on the General Fund.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for
Board approval. - RTT
GRO H 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.
RECO NDATION: To approve and authorize the Chairman to sign two (2) State Housing Initiative
Partnership Sponsor Agreements between Collier County and Casa Amigos EHT, LLC., in the amount of $250,000
and Immokalee Fair Housing Alliance, Inc. in the amount of $500,000 for construction of rental housing units in
Immokalee.
Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community and Human Services Division
ATTACHMENT(S)
SHIP-2022-RENTAL DEVELOPMENT -Immokalee Fair Housing Alliance Inc Agreement -RTT
(PDF)
2. SHIP Rental Development —Casa Amigo EHT, LLC Agreement-RTT (PDF)
Packet Pg. 761
16.D.1
05/23/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.1
Doc ID: 25270
Item Summary: Recommendation to approve and authorize the Chairman to sign two State Housing Initiative
Partnership Sponsor Agreements between Collier County and Casa Amigos EHT, LLC., in the amount of $250,000
and Immokalee Fair Housing Alliance, Inc. in the amount of $500,000 for construction of rental housing units in
Immokalee. (SHIP Grant Fund 791)
Meeting Date: 05/23/2023
Prepared by:
Title: Grants Coordinator — Community & Human Services
Name: Lisa Carr
04/18/2023 4:33 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
04/18/2023 4:33 PM
Approved By:
Review:
Community & Human Services
Kristi Sonntag
CHS Review
Operations & Veteran Services
Jeff Weir
OVS Director Review
Community & Human Services
Donald Luciano
Additional Reviewer
Community & Human Services
Kelli Wolin
Additional Reviewer
Public Services Department
Todd Henry
PSD Level 1 Reviewer
Grants
Erica Robinson
Level 2 Grants Review
Public Services Department
Tanya Williams
PSD Department Head Review
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
County Attorney's Office
Ronald Tomasko
Additional Reviewer
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
Grants
Therese Stanley
Additional Reviewer
Office of Management and Budget
Christopher Johnson Additional Reviewer
County Manager's Office
Dan Rodriguez
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
04/20/2023 3:59 PM
Completed
04/24/2023 10:43 AM
Completed
04/24/2023 5:05 PM
Completed
04/24/2023 5:12 PM
Completed
04/25/2023 8:53 AM
Completed
04/26/2023 9:37 AM
Completed
04/27/2023 4:36 PM
Skipped
05/05/2023 11:29 AM
Completed
05/09/2023 11:07 AM
Completed
05/09/2023 11:16 AM
Completed
05/09/2023 4:21 PM
Completed
05/12/2023 9:00 AM
Completed
05/13/2023 4:37 PM
Completed
05/16/2023 8:30 AM
05/23/2023 9:00 AM
Packet Pg. 762
16.D.1.a
Grant - SHIP FY 2022-2023
Agreement#: SHRD-22-003
Activity: Rental Development
SPONSOR: Immokalee Fair Housing
Alliance Inc.
CSFA #: 40.901
Total Award Amount: $500 000.00
UEI #: L8VWFED3EEN7
FEIN: 83-3223257
Period of Performance: September 9,
2022 through .Tune 30, 2024
FISCAL YEAR: December 31s'
MONITORING END: June 30, 2054
AGREEMENT BETWEEN COLLIER COUNTY
AND
Immokalee Fair Housing Alliance, Inc.
Rental Development Program
THIS AGREEMENT is made and entered into this day of 2023, by
and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its
principal address as 3339 E. Tamiami Trail, Suite 213, Naples FL 34112, and Immokalee Fair Housing
Alliance, Inc, ("SPONSOR") a non-profit corporation existing under the laws of the State of Florida,
having its principal office 600 Sawgrass Bridge Road, Venice, FL 34292.
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
sections 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 2022-2025 Local Housing Assistance Plan (LHAP), as amended,
was adopted by the Board of County Commissioners on April 26, 2022, Item 16.D.3, Resolution No.
2022-68A, amended by technical revision submitted November 10, 2022; and
WHEREAS, the COUNTY and SPONSOR desire to provide rental development, in accordance
with this Agreement and the aforementioned Local Housing Assistance Plan; and
[Iinnlokalee Fair Housing Alliance, Inc.
SH-RD-22-003 )
2069 Corar_on De La Cofnunidad Cir, Bldg. V
Packet Pg. 763
16.D.1.a
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 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: 2069 Corazon De La Communidad Cir Bldg. #7
Description of project and outcome: SHIP Rental Development funds are to be used for all
related construction cost including but not limited to such items as land acquisition, land
improvement, infrastructure, impact fees and all associated development costs (material and
labor), and any additional fees and permits, for new residential rental units.
Project Component One: Rental Development
A. Project Tasks:
1. Secure funding
2. Initiate Solicitation
3. Select Contractor(s)
4. Issue Contractor's Notice to Proceed
5. General Liability, Worker's Compensation, and Property Insurances
6. Executed Contractor's Agreement
7. Apply for Permits
8. Schedule Inspections
9. Income qualify all tenants
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 Initiatives Partnership (SHIP) Program,
section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code,
and any amendments thereto (also referred to as the SHIP Program).
B. PURPOSE
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003)
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 764
16.D.1.a
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 Exhibit B (Rental Development Project Requirements), in accordance with the terms
and conditions of Requests for Applications, Rental Development, State Housing Initiatives
Partnership Funding Cycle Fiscal Years 2022-2023, and SPONSOR's Application dated
February, 2021.
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:
® Affirmative Fair Housing Policy
® Affirmative Action/Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
® Uniform Relocation Act Policy
® Sexual Harassment Policy
® Section 504 Policy / ADA
® 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 — 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, annually.
1.4 PROJECT DETAILS
A. Project Description/Budget
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003)
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 765
16.D.1.a
State Amount
Project Component 1: Construction of Residential Rental Units $500,000.00
, including all associated costs
Total State Funds 1 $500,000.00
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 Certificate of
(Flood, Property, O&D)
accordance with Exhibit A
Occupancy and annually
within 30 days after renewal
Detailed Project Schedule
Project Schedule
Within 60 days of Agreement
execution
Project Plans and
Plans and Specifications
Within 60 days of contractor
Specifications
award or within 60 days of
agreement execution
whichever is the latter
Progress Report
Progress report, detailing
10 days after the end of the
accomplishments Exhibit D
calendar quarter until Month
June 30, 2024, and annually
thereafter
Annual Audit Monitoring
Exhibit E
Annually, within 60 days after
Report
FY end
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 4
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 766
16.D.1.a
Program Deliverable
Supporting Documentation
Submission Schedule
SPONSOR Audit
Audit report, Management
Within 9 months for Single
Letter, and Supporting
Audit (otherwise 180 days)
Documentation
after the end of SPONSOR's
fiscal year, through 2054
Continued Use Certification
N/A
N/A
Tenant Lease Agreement
Lease
Prior to first tenant signature
and any addendums or
changes thereafter through the
affordability period.
Operating Expense Report
Actual vs. Budget, revenue
30 days after the end of
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's
fiscal year, until 2054
Capital Needs Assessment
Plan approved by the
Initial Plan due after lease -up
Plan
COUNTY
and annually thereafter, prior
to start of SPONSOR fiscal
year. until 2054
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 2054
Rent Limit, by unit (Rent
Roll)
Maintenance Agreement
Executed 3`d Party Agreement
Initial lease -up and annually
thereafter throughout the
affordability period, if
a licable, until 2054
D. Payment Deliverables
Payment Deliverable
Payment Supporting
Documentation
Submission Schedule
Project Component l: Rental
Exhibit C along with certificate of
1 payment request
Development
occupancy, rent role with tenant
after receipt of CO and
initials, move in date, income
lease -up of 16 units.
category and rental rate, invoice
and proof of payment as
evidenced by cancelled checks or
bank statements, and any other
documents as requested
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003)
2069 Corazon De La Comunidad Cir, Bldg. #7
0
ti
N
LO
c
a�
E
a�
a�
L
a�
Q
c
m
U
c
a
a�
c
y
0
0
x
L
w
as
as
Y
0
E
E
z
w
a
O
J
w
w
0
J
Q
z
w
W
N
N
O
N
d
x
c
a�
E
�a
a
Packet Pg. 767
16.D.1.a
1.5 PERIOD OF PERFORMANCE
SPONSOR services shall begin on September 9, 2022and end on June 30, 2024. This project
allows for pre -award development/construction costs if incurred prior to the commencement of
the Period of Performance. This Agreement must remain in effect throughout the development
process of the Project and is terminated upon completion of construction, and initial lease -up of
all units. SPONSOR is responsible for ongoing reporting, subject to onsite monitoring, tenant
income qualification activities, and continued use for an affordability period of 30 years. In any
event, all services required hereunder shall be completed by SPONSOR prior to June 30, 2054.
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 the SPONSOR.
1.6 AGREEMENT AMOUNT
The COUNTY agrees to make available Five Hundred Thousand Dollars and Zero Cents
($500,000.00) for use by SPONSOR during the term of the Agreement (hereinafter, shall be
referred to as the Funds).
The 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.
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 Services shall be performed by SPONSOR or
its subcontractors who meet State requirements. Contract administration shall be managed by
SPONSOR and monitored by CHS, which shall have access to all records and documents related
to the project.
The COUNTY shall reimburse SPONSOR for the performance of this Agreement upon
completion or partial completion of 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 the 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.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed a
during the term of the program but not invoiced within 90 days after the end of the Agreement E
may not be processed without written authorization from the Grant Coordinator. a
[Immokalee Fair Housing Alliance, Inc. Q
SH-RD-22-003) 6
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 768
16.D.1.a
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 sections 218.70-.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 E. Tamiami Trail, Suite 213
Naples, FL 34112
Email to: lisa.carr(a,colliercountyfl.g_ov
Telephone: 23 9-252-23 3 9
SPONSOR ATTENTION: Alan Penick, Treasurer
Immokalee Fair Housing Alliance, Inc.
600 Sawgrass Ridge Rd
Venice, FL Zip 34142
Email to: adpenick@comcast.net
Telephone: (941)-735-1231
Remainder of Page Intentionally Left Blank
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003)
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 769
16.D.1.a
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
Pursuant to Florida Statutes 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 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 SPONSOR receives delivery,
but not later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall submit the
financial reporting package and Exhibit E 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 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 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 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 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 Program Income. Program Income will be collected during payoffs
and recognized in the annual budget. These records shall be maintained in such detail to
properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003 )
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 770
16.D.1.a
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 three (3) years after the submission date 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 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 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 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,
IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-
252-2679, Michael.BrownleeLdcolliercountyfl.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 the SPONSOR's compliance.
F. SPONSOR shall document how it complied with the Program components, applicable
regulations included in Exhibit B, and the 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
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 9
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 771
16.D.1.a
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 E) 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 fewer 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 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
Florida Statutes section 216.011 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, and provide proper
and effective management of all Program and Fiscal activities in the performance of this
Agreement. SPONSOR's internal control systems and all transactions and other significant
events shall be clearly documented and shall be 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.
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 10
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 772
16.D.1.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 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, 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.
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 11
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 773
16.D.1.a
• 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 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 final services are delivered,
whichever is earlier, 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
D, which contains a sample reporting form, to be used in fulfilling this requirement. County
Manager or designee may require other reports 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
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 12
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 774
16.D.1.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
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 Rental
Development.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. 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 from 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 other reasons. If such amendments
result in a change in the funding, scope of services, or schedule of 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
to pay SPONSOR all or any portion of the Funds will not be available. In that event, the
[Immokalee Fair Housing Alliance, Inc.
sH-RD-22-003) 13
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 775
16.D.1.a
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 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. 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:
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in, professional property management
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 14
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 776
16.D.1.a
C. Require SPONSOR to immediately repay to the COUNTY all SHIP funds it 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 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 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 the 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"
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 to the general public regarding the
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 15
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 777
16.D.1.a
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 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 S
Competition Required
$0 - $50,000
3 Written Quotes
$50,001+
Formal Solicitation OTB, 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. 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 subject to this Agreement, are eligible and have
not been debarred.
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
[Immokalee Fair Housing Alliance, Inc. Q
SH-RD-22-003) 16
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 778
16.D.1.a
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 must return to the COUNTY any balance of unobligated
Funds that have been advanced or paid. SPONSOR must return to the COUNTY any Funds paid
in excess of the amount to which 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 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 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 extent feasible, 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
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 Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish -heritage Americans, Asian -Americans, and American Indians. SPONSOR may rely
on written representations by businesses regarding their status as minority and women business
enterprises, in lieu of an independent investigation.
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 17
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 779
16.D.1.a
3.15 PROGRAM BENEFICIARIES
As defined by Florida Statutes sections 420.9071-420.9079 and the Collier County Local
Housing Assistance Plan (LHAP), 100 percent of 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 the 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 the award of Funds, SPONSOR shall
submit a plan for an Affirmative Action Program for approval. 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
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 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
with 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.
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 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.
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 18
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 780
16.D.1.a
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.
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 services to clients are to be provided 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
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.
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 19
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 781
16.D.1.a
3.22 SEVERABILITY
Should any provision of the Agreement be determined 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
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 20
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 782
16.D.1.a
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.
E
a
0
0
ATTEST: AS TO THE COUNTY:
0
CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
a
DEPUTY CLERK
Cn
By: — —
RICK LOCASTRO, CHAIRMAN N
Date:--- — LO
(SEAL) Date: -- -
WITNESSES:
Witness #1 Signature
Witness # 1 Printed Name
Witness #2 Signature
Witness #2 Printed Name
Approved as to fonn and legality:
Ronald T. Tomasko
Assistant County Attorney
Date:
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 21
2069 Corazon De La Comunidad Cir, Bldg. #7
AS TO THE SPONSOR:
IMMOKALEE FAIR HOUSING ALLIANCE, INC,
ALAN PENICK, TREASURER
Date:
Packet Pg. 783
16.D.1.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:
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).
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 22
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 784
16.D.1.a
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 Agreement:
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.
lImmokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 23
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 785
16.D.1.a
1W4;11131811
RENTAL DEVELOPMENT PROJECT REQUIREMENTS
The Project is for land acquisition and/or construction of affordable residential rental housing in
accordance with the SHIP Program and Collier County LHAP FY 2022-2025. SPONSOR shall perform
the following activity under this Agreement:
1. Affordability of SHIP -Assisted Units: For the duration of the Affordability Period (30 years),
as defined in the Note, Mortgage, and Land Use Restriction Agreement (LURA) of even date, a
minimum of Sixteen (16) 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 50 percent of the Area Median Income (AMI), as
defined by the Florida Housing Finance Corporation (FHFC). 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.
SPONSOR covenants that a minimum of 16 units will be rented to income -eligible tenants as
defined by FHFC. All units carry rent and occupancy restrictions until June 30, 2054, 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 which qualify for the following:
SHIP -Assisted Units According to Income Limits
Income Limits
Number SHIP -
Assisted Units
Very Low (50% AMI)
16
Low (80% AMI) or lower
0
Moderate (120% AMI) or
lower
0
Total of Units Minimum
16
SPONSOR covenants that a minimum of four (4) units will be leased to families with "Special
Needs" as defined in Florida Statute 420.004(13).
This Agreement incorporates, by reference, terms and conditions described in the Note, Mortgage
and LURA of even date and any other agreements enforcing the SHIP requirements associated
with said Note, Mortgage, and LURA. The Project budget is FIVE HUNDRED THOUSAND
DOLLARS AND ZERO CENTS ($500,000.00) and is provided by the COUNTY through the
SHIP PROGRAM.
2. Compliance: 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 household income sources as the amount of income
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 24
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 786
16.D.1.a
to be received by a household 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 verify 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 may be conducted annually, upon reasonable
prior written notice, to verify compliance with tenant income, rents, and the minimum property
standards, as stated in sections 420.907-420.9079, Florida Statutes, and Rule 67-37, Florida
Administrative Code, as may be amended from time to time.
3. Program Set -Asides: SPONSOR must meet the following SHIP mandated, program set -asides
A. At least 100 percent of the total available Funds must be used for households with less than
50 percent AMI, adjusted for household size, as defined by HUD; and
B. At least 4 households assisted must be special needs, as defined in Florida Statute
420.0004(13).
4. Restriction on Use: SPONSOR is required to comply with all applicable SHIP program
requirements, including but not limited to sections 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.
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.
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 met.
Other defaults that may trigger repayment if not cured within an applicable cure or notice period
following a monitoring:
1. SPONSOR's lack of compliance with the State statutes or County Codes, which has not been E
corrected within thirty days of written notice from the COUNTY.
[Immokalee Fair Housing Alliance, Inc. Q
SH-RD-22-003) 25
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 787
16.D.1.a
2. SPONSOR abandons, and/or ceases to use the Property as affordable rental housing to
tenants, without the prior written approval of the COUNTY.
Subject to the rights of First Mortgage and Florida Housing as Second Mortgagee, the
outstanding Loan balance shall become due and payable upon default of this Agreement,
Mortgage, or Note if not cured within any applicable cure or notice period.
6. Assurance of Public Purpose: 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.
7. Non-compliance includes, but is not limited to:
A. SPONSOR fails to maintain commitments in the Regulatory Agreement including:
• Set -aside percentage requirements
• SPONSOR fails to respond to requests for monitoring reviews
B. SPONSOR fails to document income occupancy, including:
• Lack of verification of income
• Certification or recertification of household members
• Non -disclosure of all income on Tenant Income Certifications
• Incomplete Tenant Income Certifications
• Undisclosed occupants in unit
• Failure to submit annual certification and/or other required reports
8. 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 to the available housing from all racial, ethnic,
and gender groups in the housing market area. SPONSOR is required to use affirmative fair
housing marketing practices in soliciting renters, determining eligibility, concluding transactions,
and furthering affirmative fair housing efforts. 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. SPONSOR must provide a description
of intended actions that will inform and otherwise attract eligible persons to the available housing
from all racial, ethnic, and gender groups in the housing market. 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 SPONSOR and/or owner to affirmatively market units and assess the results
of these actions.
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 26
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 788
16.D.1.a
9. 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. SPONSOR shall comply with the provisions of the Florida Landlord
Tenant Act defined in Chapter 83 Part II of the Florida Statutes and the SHIP Program, which
prohibit certain lease terms. All tenant leases for SHIP -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
promptly comply with all requests for information with respect thereto from 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.
B. Agrees not to sublease to any person or family who does not meet income qualifications as
determined, verified, and certified by SPONSOR.
C. States that the rental unit is the tenant's primary residence.
D. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed
upon by SPONSOR and tenant.
E. Provides documentation of special needs, if applicable.
SPONSOR will submit to the COUNTY, a copy of the tenant/owner lease agreement. Prior to
signing by the first 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.
10. PropeM 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, 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.
11. Project Requirements: 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, SPONSOR shall develop and submit to CHS a project
schedule including the following:
TENTATIVE SCHEDULE (Adherence is not a condition of payment)
Certificate of Occupancy Issued for all Newly
Constructed Housing Units
May 30, 2024
Project Completion Date
June 30, 2024
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 27
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 789
16.D.1.a
A. "Project completion date" means the issuance of all certificates of occupancy and
completion of initial lease -up.
B. If any Funds are being used for acquisition, 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 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:
a. no survey exceptions, other than those heretofore approved by the
COUNTY;
b. coverage to the extent of any disbursement of the Loan together with a
pending disbursements clause, in form and substance, satisfactory to
the Lender and its counsel; and
c. Zoning coverage — As applicable
ii. SPONSOR shall provide evidence of insurance coverage annual renewals
during the affordability period.
12. Property Standards: 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 the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619),
in the event property is rehabilitated at any time during affordability period.
In accordance with the LHAP, SPONSOR shall follow each SHIP Program strategy requirement
below:
13. 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 if the property is rehabilitated at any time during the affordability period.
The COUNTY requires the use or inclusion, when appropriate, of the following: energy star
items; low-E windows; additional insulation (for increased R-value); ceramic tile; tank -less water
heater; 14 and 15 SEER air conditioning units; stucco; LED light bulbs; and impact resistant
windows and doors. Evidence of such is not a condition of the construction subsidy payment.
14. Payment Documents:
A. Development/Construction:
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 28
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 790
16.D.1.a
i. Exhibit C along with invoice and proof payment as evidenced by cancelled checks or bank
statements, and any other documents as requested
ii. Contractor Bid Recommendation wBid Tab
iii. Notice to Proceed to contractor
iv. Waiver of Lien Release- Final
V. Contractor Agreement
vi. Permits
vii. Certificate of Completion and/or Occupancy
viii. Contactor's Invoice
ix. Promissory Note
X. Mortgage and Land Use Restriction Agreement
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 29
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 791
16.D.1.a
EXHIBIT C
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SPONSOR Name: Immokalee Fair Housing Alliance, Inc.
SPONSOR Address: 600 Sawgrass Bridge Road
Project Name: 2069 Corazon De La Comunidad Cir
Project No: SHRD-22-003 Payment Request #
Total Payment Minus Retainage N/A
Period of Availability through
Period for which the 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
Title
Authorizing Grant Coordinator
Supervisor (Approval required $14,999 and
below)
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 30
2069 Corazon De La Comunidad Cir, Bldg. #7
Date
Authorizing Grant Accountant
Division Director (Approval Required
$15,000 and above)
Packet Pg. 792
16.D.1.a
EXHIBIT D
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the IOth
of the following quarterly month.
Status Report for the Quarter Ending: Submittal Date:
Project Name:
Project Number:
SPONSOR Name:
Contact Person
Telephone: Fax: Email:
PROPERTY UNIT DATA
Number of units under construction 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?
dentify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Signature:
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 31
2069 Corazon De La Comunidad Cir, Bldg. #7
Date:
Packet Pg. 793
16.D.1.a
EXHIBIT E
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 (section 215.97) requirements.
Subrecipient
Name
Immokalee Fair Housing Alliance, Inc.
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
Fiscal Year
Total State Financial Assistance Expended
during most recently completed Fiscal Year
$ J
$
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
❑ met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ ❑ Are a for -profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑ understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/ 18
[Immokalee Fair Housing Alliance, Inc.
SH-RD-22-003) 32
2069 Corazon De La Comunidad Cir, Bldg. #7
Packet Pg. 794
16.D.1.b
Grant - SHIP FY 2022-2023
Agreement#: SHRD-22-002
Activity: Rental Development
SPONSOR:CASA AMIGOS EHT, LLC
CSFA #: 40.901
Total Award Amount: $250,000.00
UEI #: RBJ3RKH6MH56
FEIN: 83-4604868
Period of Performance: January 1, 2023
through June 30, 2025
FISCAL YEAR: 12/31/2023
MONITORING END: 03/2056
AGREEMENT BETWEEN COLLIER COUNTY
AND
Casa Amigos EHT,LLC
Rental Development Program
THIS AGREEMENT is made and entered into this day of , 2023, by
and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its
principal address as 3339 E. Tamiami Trail, Suite 213, Naples FL 34112, and Casa Amigos EHT, LLC.
("SPONSOR") a non-profit corporation existing under the laws of the State of Florida, having its
principal office 19308 SW 380tl 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
sections 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 80
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 amended by technical revision submitted November 10, 2022; and
WHEREAS, the COUNTY and SPONSOR desire to provide rental development, 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
[Casa Amigos EHT, LLC.
SH-RD-22-002)
Casa Amigos
Packet Pg. 795
16.D.1.b
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 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 Development -CASA AMIGOS, EHT, LLC
Description of project and outcome: SHIP Rental Development funds are to be used for all
related costs to include but not limited to, land acquisition, land improvement, infrastructure, and
all development costs, architect/engineering fees, associated fees, permits, and construction
(labor and materials) for the development of new residential rental units.
Project Component One: Construction of residential rental units
A. Project Tasks:
1. Initiate Contractor Solicitation
2. Select Contractor
3. Issue Contractor's Notice to Proceed
4. Obtain General Liability, Worker's Compensation, and Property Insurances for
Contractor
5. Execute Contractor's Agreement
6. Apply for Permits
7. Obtain certificate of occupancy and/or completion
8. Income qualifies all tenants and lease up SHIP assisted units
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 Initiatives Partnership (SHIP) Program,
section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code,
and any amendments thereto (also referred to as the SHIP Program).
B. PURPOSE
[Casa Amigos EHT, LLC,
SH-RD-22-002)
Casa Amigos
Packet Pg. 796
16.D.1.b
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 Exhibit B (Rental Development Project Requirements), in accordance with the terms
and conditions of Requests for Applications, Rental Development, State Housing Initiatives
Partnership Funding Cycle Fiscal Years 2022-2023, and SPONSOR's Application dated
February 11, 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:
® Affirmative Fair Housing Policy
® Affirmative Action/Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
® Uniform Relocation Act Policy
® Sexual Harassment Policy
® Section 504 Policy / ADA
® 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 — 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.
1.4 PROJECT DETAILS
A. Project Description/Budget
[Casa Amigos EHT, LLC.
SH-RD-22-002)
Casa Amigos
Packet Pg. 797
16.D.1.b
Description State Amount
Project Component 1: Construction of residential rental units $250,000.00
including all land cost, permits, fees, architectural/engineering,
pre -development and construction costs ( labor and materials).
Total State Funds
$250,000.00
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 contract execution
(Flood, Property, O&D)
accordance with Exhibit A
and annually within 30 days
after renewal
Detailed Project Schedule
Project Schedule
Within 60 days of Agreement
execution
Project Plans and
Plans and Specifications
Within 60 days following
Specifications
completion by
architect/engineer
Progress Report
Progress report, detailing
30 days after the end of the
accomplishments Exhibit D
calendar quarter until Month
June 30, 2025, and annually
thereafter until 2056
Annual Audit Monitoring
Exhibit E
Annually, within 60 days after
Report
FY end
[Casa Amigos EHT, LLC.
sH-xD-22-002)
Casa Amigos
4
Packet Pg. 798
16.D.1.b
Program Deliverable
Supporting Documentation
Submission Schedule
SPONSOR Audit
Audit report, Management
Within 9 months for Single
Letter, and Supporting
Audit (otherwise 180 days)
Documentation
after the end of SPONSOR's
fiscal year, through 2056
Continued Use Certification
N/A
N/A
Tenant Lease Agreement
Lease
Prior to first tenant signature
and any addendums or
changes thereafter through the
affordability period.
Operating Expense Report
Actual vs. Budget, revenue
30 days after the end of
and expense report and all
SPONSOR's fiscal year
supporting documentation, as
through 2056
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's
fiscal year, until 2056
Capital Needs Assessment
Plan approved by the
Initial Plan due after lease -up
Plan
COUNTY
and annually thereafter, prior
to start of SPONSOR fiscal
year, until 2056
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 2056
Rent Limit, by unit (Rent
Roll
Maintenance Agreement
Executed 3`d Party Agreement
Initial lease -up and annually
thereafter throughout the
affordability period, if
applicable, until 2056
D. Payment Deliverables
Payment Deliverable
Payment Supporting
Documentation
Submission Schedule
Project Component 1: SHIP
Exhibit C along with either of the
Monthly, by the 301h of
Rental Development funds
following invoices from the
the month following
are to be used for all related
contractor/ architect/engineer/
the month of service.
costs to include but not
permit office/ inspection services
limited to, land acquisition,
and proof of payment as
land improvement,
evidenced by cancelled checks or
infrastructure, and all pre-
bank statements, and any other
development and
documents as requested
development costs,
architecture/engineering fees,
other associated fees, permits,
[Casa Amigos EHT, LLC,
SH-RD-22-002)
Casa Amigos
Q
d
L
Q
M
N
O
N
N
N
0
N
r
_
m
E
a
0
d
a)
0
�a
d
a
x
0
ti
N
U)
as
aEi
L
Q
c.�
x
w
0
a)
E
Q
�a
�a
i
as
E
a
0
0
as
0
�a
_
d
o:
a.
x
c
d
E
s
0
2
Q
Packet Pg. 799
16.D.1.b
and construction (labor and
materials) for new residential
rental units
1.5 PERIOD OF PERFORMANCE
SPONSOR services shall begin on January 1, 2023, and end on June 30, 2025. This Agreement
must remain in effect throughout the development process of the Project and is terminated upon
completion of construction, and initial lease -up of all SHIP assisted units. SPONSOR is
responsible for ongoing reporting, subject to onsite monitoring, tenant income qualification
activities, and continued use for an affordability period of 30 years. In any event, all services
required hereunder shall be completed by SPONSOR prior to June 30, 2025. 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 the SPONSOR.
1.6 AGREEMENT AMOUNT
The COUNTY agrees to make available TWO HUNDRED FIFTY THOUSAND DOLLARS
and ZERO CENTS ($250,000.00) for use by SPONSOR during the term of the Agreement
(hereinafter, shall be referred to as the Funds).
The 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.
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 Services shall be performed by SPONSOR or
its subcontractors who meet State requirements. Contract administration shall be managed by
SPONSOR and monitored by CHS, which shall have access to all records and documents related
to the project.
The COUNTY shall reimburse SPONSOR for the performance of this Agreement upon
completion or partial completion of 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 the 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.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed
[Casa Amigos EHT, LLC.
SH-RD-22-002) 6
Casa Amigos
Packet Pg. 800
16.D.1.b
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 sections 218.70-.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: TBD Grants Coordinator
Collier County Government
Community and Human Services
3339 E. Tamiami Trail, Suite 213
Naples, FL 34112
Email to: TBDna,colliercountyfl.gov
Telephone: 239-252-TBD
SPONSOR ATTENTION: Steve Kirk, President
Casa Amigos EHT,LLC.
19308 SW 380 Street Address
Florida City, FL Zip 33034
Email to: stevekirk@ruralneighborhoods.org
Telephone: (305) 242-2142
Remainder of Page Intentionally Left Blank
[Casa Amigos EHT, LLC.
SH-RD-22-002)
Casa Amigos
Packet Pg. 801
16.D.1.b
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
Pursuant to Florida Statutes 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 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 SPONSOR receives delivery,
but not later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall submit the
financial reporting package and Exhibit E 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 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 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 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 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 Program Income. Program Income will be collected during payoffs
and recognized in the annual budget. These records shall be maintained in such detail to
properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and
[Casa Amigos EHT, LLC.
SH-RD-22-002)
Casa Amigos
Packet Pg. 802
16.D.1.b
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 three (3) years after the submission date 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 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 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 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,
IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-
252-2679, Michael. Brownleekcolliercountyfl.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 the SPONSOR's compliance.
F. SPONSOR shall document how it complied with the Program components, applicable
regulations included in Exhibit B, and the 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
[Casa Amigos EHT, LLC,
SH-RD-22-002) 9
Casa Amigos
Packet Pg. 803
16.D.1.b
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 E) 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 fewer 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 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
Florida Statutes section 216.011 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, and provide proper
and effective management of all Program and Fiscal activities in the performance of this
Agreement. SPONSOR's internal control systems and all transactions and other significant
events shall be clearly documented and shall be 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.
[Casa Amigos EHT, LLC.
SH-RD-22-002) 10
Casa Amigos
Packet Pg. 804
16.D.1.b
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 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, 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.
[Casa Amigos EHT, LLC.
SH-RD-22-002) 11
Casa Amigos
Packet Pg. 805
16.D.1.b
• 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 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 final services are delivered,
whichever is earlier, 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
D, which contains a sample reporting form, to be used in fulfilling this requirement. County
Manager or designee may require other reports 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
[Casa Amigos EHT, LLC.
SH-RD-22-002) 12
Casa Amigos
Packet Pg. 806
16.D.1.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
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 Rental
Development.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. 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 from 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 other reasons. If such amendments
result in a change in the funding, scope of services, or schedule of 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
to pay SPONSOR all or any portion of the Funds will not be available. In that event, the
[Casa Amigos EHT, LLC.
SH-RD-22-002) 13
Casa Amigos
Packet Pg. 807
16.D.1.b
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 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. 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:
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in, professional property management
[Casa Amigos EHT, LLC.
SH-RD-22-002) 14
Casa Amigos
Packet Pg. 808
16.D.1.b
C. Require SPONSOR to immediately repay to the COUNTY all SHIP funds it 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 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 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 the 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"
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 to the general public regarding the
[Casa Amigos EHT, LLC.
SH-RD-22-002) 15
Casa Amigos
Packet Pg. 809
16.D.1.b
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 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 put out to competitive bidding, under a procedure acceptable to the COUNTY and
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 subject to this Agreement, are eligible and have
not been debarred.
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 r
[Casa Amigos EHT, LLC. Q
SH-RD-22-002) 16
Casa Amigos
Packet Pg. 810
16.D.1.b
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 must return to the COUNTY any balance of unobligated
Funds that have been advanced or paid. SPONSOR must return to the COUNTY any Funds paid
in excess of the amount to which 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 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 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 extent feasible, 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
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 Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish -heritage Americans, Asian -Americans, and American Indians. SPONSOR may rely
on written representations by businesses regarding their status as minority and women business
enterprises, in lieu of an independent investigation.
[Casa Amigos EHT, LLC.
SH-RD-22-002) 17
Casa Amigos
Packet Pg. 811
16.D.1.b
3.15 PROGRAM BENEFICIARIES
As defined by Florida Statutes sections 420.9071-420.9079 and the Collier County Local
Housing Assistance Plan (LHAP), 100 percent of 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 the 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 the award of Funds, SPONSOR shall
submit a plan for an Affirmative Action Program for approval. 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
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 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
with 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.
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 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.
[Casa Amigos EHT, LLC.
SH-RD-22-002) 18
Casa Amigos
Packet Pg. 812
16.D.1.b
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.
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 services to clients are to be provided 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
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.
[Casa Amigos EHT, LLC.
SH-RD-22-002) 19
Casa Amigos
Packet Pg. 813
16.D.1.b
3.22 SEVERABILITY
Should any provision of the Agreement be determined 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
[Casa Amigos EHT, LLC.
SH-RD-22-002) 20
Casa Amigos
Packet Pg. 814
16.D.1.b
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. y
r
_
E
ATTEST: AS TO THE COUNTY:
CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF c
Date:
, DEPUTY CLERK
COLLIER COUNTY, FLORIDA N
By: _
RICK LOCASTRO, CHAIRMAN
(SEAL) Date:
WITNESSES: AS TO THE SPONSOR:
CASA AMIGOS EHT, LLC
Witness #1 Signature
Witness # 1 Printed Name
Witness #2 Signature
Witness #2 Printed Name
Approved as to form and legality:
Ronald T. Tomasko
Assistant County Attorney
Date:
[Casa Amigos EHT, LLC.
SH-RD-22-002)
Casa Amigos
21
By:__
STEVEN KIRK, PRESIDENT
Date:
N
N
O
N
m
E
0
m
❑
a
a-
m
co
0
ti
N
LO
N
_
m
E
a�
d
L
a
U
J
J
H
2
W
0
am
a
N
L)
I
_
d
E
a
0
d
d
0
m
A
x
Cn
Packet Pg. 815
16.D.1.b
EXHIBIT A
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 E.
Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this 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).
[Casa Amigos EHT, LLC.
SH-RD-22-002) 22
Casa Amigos
Packet Pg. 816
16.D.1.b
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 Agreement:
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.
[Casa Amigos EHT, LLC.
SH-RD-22-002) 23
Casa Amigos
Packet Pg. 817
16.D.1.b
EXHIBIT B
RENTAL DEVELOPMENT PROJECT REQUIREMENTS
The Project is for land acquisition and/or construction of affordable residential rental housing in
accordance with the SHIP Program and Collier County LHAP FY 2022-2025. SPONSOR shall perform
the following activity under this Agreement:
1. Affordability of SHIP -Assisted Units: For the duration of the Affordability Period (30 years),
as defined in the Note, Mortgage, and Land Use Restriction Agreement (LURA) of even date, a
minimum of twenty-four (24) 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 14 units at 50% and 10 units at 80% 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 the SHIP Program rent limits. Maximum
eligible income and rent limits are revised annually and are available from the COUNTY.
SPONSOR covenants that a minimum of twenty-four (24) SHIP units will be constructed and
will be rented to income -eligible tenants as defined by HUD. All units carry rent and occupancy
restrictions until June 30, 2055, 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 which
qualify for the following:
SHIP -Assisted Units According to Income Limits
Income Limits
Number SHIP -
Assisted Units
Very Low (50% AMI)
14
Low (80% AMI) or lower
10
Moderate (120% AMI) or
0
lower
Total of Units (Minimum)
24
SHIP assisted
units
SPONSOR covenants that a minimum of five (5) units will be leased to families with "Special
Needs" as defined in Florida Statute 420.004(13).
This Agreement incorporates, by reference, terms and conditions described in the Note, Mortgage
and LURA of even date and any other agreements enforcing the SHIP requirements associated
with said Note, Mortgage, and LURA. The Project budget is TWO HUNDRED AND FIFTY
THOUSAND DOLLARS AND ZERO CENTS ($250,000.00) 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
[Casa Amigos EHT, LLC.
SH-RD-22-002) 24
Casa Amigos
Packet Pg. 818
16.D.1.b
by reference. In no event will construction commence later than January 1, 2023, or be completed
later than 24 months from the date of this Agreement. Construction will progress in accordance
with the construction schedule submitted by SPONSOR to obtain financing.
2. Compliance: 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 household income sources as the amount of income
to be received by a household 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 verify 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 sections 420.907-420.9079, Florida Statutes, and Rule 67-37, Florida
Administrative Code, as may be amended from time to time.
3. Program Set -Asides: SPONSOR is required to comply with Income Set asides in accordance
with Section 1 above. SPONSOR is encouraged to exceed the very -low-income assisted unit
requirement stated in Section 1, but not required.
4. Restriction on Use: SPONSOR is required to comply with all applicable SHIP program
requirements, including but not limited to sections 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.
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.
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 met.
Other defaults that may trigger repayment if not cured within an applicable cure or notice period
following a monitoring:
[Casa Amigos EHT, LLC.
SH-RD-22-002) 25
Casa Amigos
Packet Pg. 819
16.D.1.b
SPONSOR's lack of compliance with the State statutes or County Codes, which has not been
corrected within thirty days of written notice from the COUNTY.
2. SPONSOR abandons, and/or ceases to use the Property as affordable rental housing to
tenants, without the prior written approval of the COUNTY.
Subject to the rights of First Mortgage and Florida Housing as Second Mortgagee, the
outstanding Loan balance shall become due and payable upon default of this Agreement,
Mortgage, or Note if not cured within any applicable cure or notice period.
6. Assurance of Public Purpose: 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.
7. Non-compliance includes, but is not limited to:
A. SPONSOR fails to maintain commitments in the Regulatory Agreement including:
• Set -aside percentage requirements
• SPONSOR fails to respond to requests for monitoring reviews
B. SPONSOR fails to document income occupancy, including:
• Lack of verification of income
• Certification or recertification of household members
• Non -disclosure of all income on Tenant Income Certifications
• Incomplete Tenant Income Certifications
• Undisclosed occupants in unit
• Failure to submit annual certification and/or other required reports
8. 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 to the available housing from all racial, ethnic,
and gender groups in the housing market area. SPONSOR is required to use affirmative fair
housing marketing practices in soliciting renters, determining eligibility, concluding transactions,
and furthering affirmative fair housing efforts. 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. SPONSOR must provide a description
of intended actions that will inform and otherwise attract eligible persons to the available housing
from all racial, ethnic, and gender groups in the housing market. 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 SPONSOR and/or owner to affirmatively market units and assess the results
[Casa Amigos EHT, LLC. `6
SH-RD-22-002) 26
Casa Amigos
Packet Pg. 820
16.D.1.b
of these actions.
9. 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. SPONSOR shall comply with the provisions of the Florida Landlord
Tenant Act defined in Chapter 83 Part II of the Florida Statutes; the SHIP Program; and
COUNTY requirements, which prohibit certain lease terms. All tenant leases for SHIP -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
promptly comply with all requests for information with respect thereto from 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.
B. Agrees not to sublease to any person or family who does not meet income qualifications as
determined, verified, and certified by SPONSOR.
C. States that the rental unit is the tenant's primary residence.
D. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed
upon by SPONSOR and tenant.
E. Provides documentation of special needs, if applicable.
SPONSOR will submit to the COUNTY, a copy of the tenant/owner lease agreement. Prior to
signing 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.
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, 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.
11. Project Requirements: 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, SPONSOR shall develop and submit to CHS a project
schedule including the following:
TENTATIVE SCHEDULE (Adherence is not a condition of payment)
Sites Identified/Site Due Diligence (if applicable)applicableL==
NA
Propertv(ies) Under Conditional Contract (if applicable)
I N/A
[Casa Amigos EHT, LLC.
SH-RD-22-002) 27
Casa Amigos
Packet Pg. 821
16.D.1.b
Pro a (ies) Purchase Closing Date (if applicable)
N/A
Design/Permitting
N/A
Construction Commencement
1 /2023
Certificate of Occupancy Issued for all Newly
Constructed Housing Units
6/2025
Project Completion Date
6/2025
A. Project construction will commence and be completed in accordance with the schedule
submitted. The SHIP units will be completed no later than June 30, 2025, unless otherwise
the project funding year is extended by FHFC.
B. "Project completion date" means the issuance of all certificates of occupancy and
completion of initial lease -up.
C. If any Funds are being used for acquisition, SPONSOR shall submit evidence of
mortgagee title insurance prior to the closing of the COUNTY's acquisition loan, which
conforms to the following specifications:
i. 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:
a. no survey exceptions, other than those heretofore approved by the
COUNTY;
b. coverage to the extent of any disbursement of the Loan together with a
pending disbursements clause, in form and substance, satisfactory to
the Lender and its counsel; and
c. Zoning coverage — As applicable
ii. SPONSOR shall provide evidence of insurance coverage annual renewals
during the affordability period.
12. Property Standards: 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 the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619),
in the event property is rehabilitated at any time during affordability period.
In accordance with the LHAP, SPONSOR shall follow each SHIP Program strategy requirement
below:
13. 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
[Casa Amigos EHT, LLC.
SH-RD-22-002) 28
Casa Amigos
Packet Pg. 822
16.D.1.b
insurance if the property is rehabilitated at any time during the affordability period.
The COUNTY requires the use or inclusion, when appropriate, of the following: energy star
items; low-E windows; additional insulation (for increased R-value); ceramic tile; tank -less water
heater; 14 and 15 SEER air conditioning units; stucco; LED light bulbs; and impact resistant
windows and doors. Evidence of such is not a condition of the construction subsidy payment.
14. Payment Documents:
A. Development/Construction:
i. Exhibit C along with invoice and proof payment as evidenced by cancelled checks or bank
statements, and any other documents as requested
ii. Contractor Bid Recommendation w/Bid Tab, initial submission only
iii. Approved Contractor Recommendation aka Notice to Proceed, initial submission only
iv. Waiver of Lien Release, with each payment
V. Contractor Agreement, initial submission only
vi. Permits, if reimbursement is requested
vii. Certificate of Completion and/or Occupancy, at closeout
15. Other Required Documents (not a condition of payment):
a. Promissory Note, signed and recorded within 120 days of agreement
execution
b. Mortgage, signed and recorded within 120 days of agreement execution
c. Land Use Restriction Agreement, signed and recorded within 120 days of
agreement execution
16. Final Documents (not a condition of payment)
a. Tenant Lease agreement- sample
b. Rent Roll, showing tenant name. move in date, rental rate and income category
[Casa Amigos EHT, LLC.
SH-RD-22-002) 29
Casa Amigos
Packet Pg. 823
16.D.1.b
EXHIBIT C
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SPONSOR Name: Casa Amigos EHT, LLC
SPONSOR Address: 19308 SW 380" Street, Florida City, FL 33034
Project Name: Casa Amigos
Project No: SHRD-22-002 Payment Request #
Total Payment Minus Retainage
Period of Availability through
Period for which the 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
Title
Authorizing Grant Coordinator
Supervisor (Approval required $14,999 and
below)
[Casa Amigos EHT, LLC,
SH-RD-22-002)
Casa Amigos
30
Date
Authorizing Grant Accountant
Division Director (Approval Required
$15,000 and above)
Packet Pg. 824
16.D.1.b
EXHIBIT D
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 Ending: Submittal Date:
Project Name:
Project Number: SHRD 22-002
SPONSOR Name:
Contact Person
Telephone: Fax: Email:
PROPERTY UNIT DATA
Number of units under construction 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?
`dentify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Signature:
[Casa Amigos EHT, LLC.
SH-RD-22-002) 31
Casa Amigos
Date:
Packet Pg. 825
16.D.1.b
EXHIBIT E
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 (section 215.97) requirements.
Subrecipient Casa Amigos EHT, LLC.
Name
First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Total State Financial Assistance Expended
Expended during most recently completed during most recently completed Fiscal Year
Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
❑ met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ ❑ Are a for -profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑ understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Print Name and Title
[Casa Amigos EHT, LLC.
SH-RD-22-002)
Casa Amigos
32
Date
06/18
Packet Pg. 826