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Agenda 5/23/2023 Item #16D3 (State Housing Initiative Partnership Sponsor Agreement between Collier County and Rural Neighbors, Inc.)16.D.3 05/23/2023 EXECUTIVE SUMMARY Recommendation to approve a State Housing Initiative Partnership Sponsor Agreement between Collier County and Rural Neighborhoods, Inc. in the amount of $1,791,641 for the administration of an Owner - Occupied Rehabilitation program, including roof repair and replacement. (SHIP Grant Fund 791) OBJECTIVE: To continue to promote affordable housing strategies for low- to moderate -income persons through the State Housing Initiatives Partnership Program (SHIP). CONSIDERATIONS: The William E. Sadowski Affordable Housing Act provides funding to local communities to promote and advance affordable housing initiatives. Funds are generated through documentary stamp tax on real estate transactions. Under the SHIP Program, Collier County and the City of Naples receive funds from the State of Florida through the Florida Housing Finance Corporation (FHFC) to undertake eligible activities. On April 23, 2019, Agenda Item #16D1 and April 26, 2022, Agenda Item #16D3, the Board of County Commissioners ("Board") approved the SHIP Local Housing Assistance Plans (LHAP) identifying eligible strategies and serve as a guideline for the use of all SHIP funds and include a strategy for owner -occupied rehabilitation. Rehabilitation of owner -occupied properties has been shown to preserve neighborhoods and assist in reducing declines in property values that result from deterioration and maintaining the existing stock of housing that is affordable. Staff advertised a request for an application cycle commencing in October 2022, to secure a non-profit organization to implement SHIP program strategies. Rural Neighborhoods, Inc. (the "Sponsor") submitted an application on November 23, 2022, to administer an owner -occupied rehabilitation program focusing on roof repairs and replacements. In December 2022, a conditional award letter was issued to the Sponsor. The Sponsor Agreement provides for an Owner -Occupied Rehabilitation program to be administered by Rural Neighborhoods, Inc. and is designed to assist income -eligible homeowners that own and occupy their home by providing roof repairs and replacement and if necessary, may assist with repairs to correct code violations or make emergency repairs that will impact their health, safety, and welfare. The Community and Human Services Division (CHS) will provide all eligible applicants to the Sponsor and will focus on prioritizing those victims of Hurricane Ian and those needing a new roof to mitigate the high cost of insurance premiums with incomes at or below 80% AMI. The State of Florida program guidelines allow for 20% of those served to be 80% to 120% AMI. The Sponsor will carry out the housing rehabilitation contract management and inspection of the Owner -Occupied Rehabilitation Program and shall perform technical and administrative work involving the repair and renovation of residential properties in the program. The Sponsor will establish a contractual relationship with the homeowner and with the selected contractor to ensure all parties are aware of the program requirements and the tasks and deliverables required. CHS will have a properly procured independent professional review of all inspections, quotations, etc. to ensure the best value and only necessary repairs are made. There will be an agreement between Collier County and the homeowner through a promissory note and mortgage loan that will define the terms of the mortgage and promissory note and will be recorded in the public records prior to any work commencing on the homeowner's unit. A modification will be made at the completion of the rehabilitation of the unit to reflect the actual rehabilitation cost expended. FISCAL IMPACT: The proposed action has no Fiscal impact. The funding source for this grant is Florida Housing Finance Corporation. Funds are budgeted in the SHIP Grant Fund (791), Project 33759 and 33807. LEGAL CONSIDERATIONS: This Item has been approved for form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: These projects will allow the County to expand affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth Packet Pg. 891 16.D.3 05/23/2023 Management Plan. RECOMMENDATION: To approve a State Housing Initiative Partnership Sponsor Agreement between Collier County and Rural Neighborhoods, Inc. in the award amount of $1,791,641 for the administration of an Owner - Occupied Rehabilitation program, including roof repair and replacement. Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1. SHIP-2022-2023 OWNER -OCCUPIED REHAB Agreement (PDF) Packet Pg. 892 16.D.3 05/23/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3 Doe ID: 25269 Item Summary: Recommendation to approve a State Housing Initiative Partnership Sponsor Agreement between Collier County and Rural Neighborhoods, Inc. in the amount of $1,791,641 for the administration of an Owner - Occupied Rehabilitation program, including roof repair and replacement. (SHIP Grant Fund 791) Meeting Date: 05/23/2023 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 04/18/2023 4:18 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 04/18/2023 4:18 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 Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review 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 3:58 PM Completed 04/24/2023 10:42 AM Completed 04/24/2023 4:57 PM Completed 04/24/2023 5:13 PM Completed 04/25/2023 7:52 AM Completed 04/26/2023 9:35 AM Completed 04/27/2023 4:38 PM Completed 05/11/2023 9:47 AM Completed 05/11/2023 10:01 AM Completed 05/12/2023 8:56 AM Completed 05/12/2023 10:20 AM Completed 05/13/2023 4:32 PM Completed 05/17/2023 9:59 AM 05/23/2023 9:00 AM Packet Pg. 893 16.D.3.a Grant - SHIP FY 2021-2022 and 2022- 2023 Agreement#: SHOR 23-001 Activity: Owner -Occupied Rehabilitation OOR SPONSOR: Rural Neighborhoods, Incorporated CSFA #: 40.901 Total Award Amount: SFY 2021-2022 1,223,721.00 and FY 2022-2023 S567,920.00 UEI #: DWYGVXLUGJM5 FEIN: 65-1238417 Period of Performance: April 1, 2023 through June 30, 2025 FISCAL YEAR: December 31" MONITORING END: September 30, 2025 AGREEMENT BETWEEN COLLIER COUNTY AND RURAL NEIGHBORHOODS, INCORPORATED Owner -Occupied Rehabilitation Program (OOR) THIS AGREEMENT is made and entered into this day of , 2023. by and between Collier County. a political subdivision of the State of Florida, (CO[ FNTY) having, its principal address as 3339 -famiami-I'rail Fast, Suite 213. Naples FL 34112, and Rural Neighborhoods, Incorporated (SPONSOR) a nonpro fit t corporationcxisting Linder the laws ofthe State of Florida, having its principal office 19308 SW 380"' Street, Florida Cite, FL 33034. WHEREAS, the William E. Sadowski Affordable Housing Act adapted 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 WIIEREAS, the State Housing Initiatives Partnership Program is established in accordance ►with Section 420.907-9079, Florida Statutes and Chapter 67-37. Florida Administrative Code; and WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program (SHIP); and WHEREAS, pursuant to the State Housing Initiatives Partnership Program. the COUNTY is undertaking certain activities t❑ primarily benefit persons or houscholds earning not greater than 120 percent of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2019-2022 and 2022-2025 Local Housing Assistance Plan (I.1-1A1'), Rural Nrighborhoods, incorporate Just Roofs - Plus SHOR 23-Mi Owner-t3kcupied Rehabditation Packet Pg. 894 16.D.3.a as amended. was adopted by the Board oi' County Commissioners on April 23, 2019, Item 16D. l and April 26,2022, 1tern 16D.3.. Resolution No. 2019-109 and 2022-6SA and amended by technical revision November 10, 2022 ; and WHEREAS. the COUNTY and SPONSOR desire to provide Owner -Occupied Rehabilitation assistance, in accordance with this Agreement and the aforementioned Local Housing Assistance Plan. and WHEREAS, the COUNTY desires to engage SPONSOR to implement such undertakings. as specified in Exhibit B. and determines that they are valid and wortllwhi1e 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 small. in a satisfactory and proper manner and consistent with any standards required as a condition of the providing SHIP funds, as determined by Collier County Community and lluman Services (CfIS). perform the tasks necessary to conduct the program as follows: Project Name: Owner -Occupied Rehabilitation Program- Just Roof's PLUS Description of project and outcome: The Owner -Occupied Rehabilitation (OOR) Program is designed to provide S I I I P funds to assist income eligible homeowners, that own and occupy their holne, �,N ith necessary replacement or repairs of construction components for residential properties. and to correct code violations or cmergcncy repairs that impact health. safety. and welfare. The home must be suitable for rehabilitation and located within the unincorporated and incorporated areas of Collier County, The OOR Program may be administered in accordance with Collier County's Rehabilitation Standards (incorporated by reference, and as amended) and shall be administered in accordance with the Owner -Occupied Rehabilitation Assistance Strategy as outlined in the COUN l Y's 2019-2022 and 2022-2025 SHIP Local Housing Assistance Plan. as amended (incorporated by reference). Project Component One: SHIP Owner -Occupied Rehabilitation Program to include all cost including but not limited to permits, fees. materials, labor, construction and the rehabilitation of owner -occupied property. Project Component Two: Project Delivery Fee (maximum ❑f 5 percent per total project costs) Project Component Three: Inspection for non -eligible properties (maximum $250,00lper property) A. Project Tasks: Rural Neighborhoods, Incorporate Just Roofs - Pius SHOR 23-001 Owner -Occupied Rehabilitation Packet Pg. 895 16.D.3.a 1. Initiate home inspection 2, Review Contractor Bid Form/work write-up z. Initiate contractor solicitation 4. Select contractor S. Issue Contractor's Notice to Proceed 6. Obtain General Liability, Worker's Compensation Insurance 7. Execute Tri-Party agreement with homeowner and contractor 8. Schedule final inspection(s) 9. Obtain Contractor Lien Wavier B. SHIP Documentation Requirements Compliance Criteria: Activities carried out with funds under this Agreement will he performed in compliance with State Housing Initiatives Partnership (SHIP) Program. Florida Statutes section 420.9071, and Chapter 6 7-3 7 of the Florida Administrative Code, and any amendments thereto {also referred to as the SHIP Program }. 1.1 DEFINITIONS AND PURPOSE A. DEFINITIONS 'Ferms shall be as defined in the State Housing Incentives Partnership (SHIP) Program. Section 420.9071, Florida Statutes and Chapter 67-37 oC the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Prograrn). 1MR00"t V 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 13 01' this Agreement. 1.2 SCOPE OF SERVICE. SPONSOR shall. in a satisfactory and proper manner as determined by the COUNTY. perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits B and C (Project Narrative and Budget Narrative). in accordance with the terns and conditions of Requests for Applications, Owner -Occupied Rehabilitation Projects, State Housing, Initiatives Partnership Funding Cycle Fiscal Year's 2021-2022 and 2022-201-3. and SPONSOR's Applications dated November 23. 2022 and i~ebruan, 11, 2022. i�1�F1.�►`! 1.97 x�1:11[rlf�►1 D� tl [I],:i�� 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 (601 days o1' execution of this Agreement: ® Affirmative Fair Housing Policy Ruru1 Neighborhoods, Incorporate Just Rout's - Plus 5HaR 23-001 Owucr-Occupied Rehabiiitutson Packet Pg. 896 16.D.3.a 1.4 ® Affirmative Action/E:qual Opportunity Policy ® Conflict of Interest Policy (COI) and related COI forms ® Procurement Policy ❑ uniform Relocation Act Policy ® Sexual Harassment Policy ❑ Section 514ADA Policv ® Fraud Policy ❑ Language Assistance and Planning, Policy (LAP') ❑ Violence Against Women Act (VA WA) Policy C. Annual SPONSOR Training Sponsors with Prior Agreement(s) with COUNTY: All SPONSOR staff assigned to the administration and implementation ofthe Project. established by this Agreement. shall attend the CHS-sponsored Annual Sponsor Fair Housing training,. In addition, at least one staff inelnber shall attend all other CI IS -offered training relevant to the Project, as detennined by the Grant Coordinator, not to exceed two (2) sessions. li,izawCT DETAILS A. Project Description/Budget Descri Lion State Amount Project Component 1: SHIP Owner -Occupied Rehabilitation $1,701.059 I"rograrn to include all cost including but not limited to permits, fees, materials, labor, construction and the rehabilitation of owner -occupied property. Project Component 2: Pro_ject Delivery Fee (maximum of 5% $89,582 per total project costs) Project Component 3: Inspection for non -eligible properties $1,000.00 (maximum $250.00) Total State Funds SPONSOR will accomplish the following checked project tasks: 1 $ 1,79L641.00 ❑ 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 rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Managcr Rural Neighborhoods. Incorporate Just Ruols - Plus 51(OR 23-001 Chvncr-❑ccupicd Rehabilitation Packet Pg. 897 16.D.3.a ❑ 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 rchabilitation ❑ Comply with Uniform Relocation Act (LIRA). if necessary ❑ Ensure applicable numbers ❑f units are Section 504/ADA accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components. as detailed in l"xhibit l3 C. Performance Deliverables Deliverable Supporting Documentation Submission Schedule -Program Special Grant Policies Policies as stated in this Within Gil days of Agreement (Section 1.3 f3) Agreement execution Insurance Proof of coverage in At time of Agreement (Flood. Property. O&D) accordance with Exhibit A execution and annually within 30 days after renewal Detailed Project Schedule N/A N/A Project Plans and N/A NIA Specifications Progress Report Progress report. detailing 30 days after the end of the accomplishments Exhibit E calendar quarter until .tune 30, 2025 Annual Audit Monitoring Exhibit F Annually, within 50 days from FY end -Report SPONSOR Audit Audit report, Management Within 9 months for Single Letter. and Supporting Audit (otherwise 180 days) Documentation after the end of the SPONSOR fiscal year through 2025 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component l: SHIP Exhibit ❑ along with invoice and Monthly. by the 30`I' of Owner -Occupied proof of payment to contractor as the month following Rehabilitation Program to evidenced by cancelled checks or the month ❑f'service. include all cost including but bank statements, and any other not limited to permits- fees, documents as requested materials. labor, construction and the rehabilitation of owner-occu ied ro ere . Project Component 2: Project Exhibit D along with invoice and Monthly. by the 30`I' of Delivery Fee proofoCpayment as evidenced by I the nnonth following Rural Neighborhoods, Incorporate Just Roofs - I'lus SHOR 23-001 0,mr-Occupied Rehablliialion Packet Pg. 898 16.D.3.a cancelled checks or bank the month of service statements, time sheets, pay roll and arty other documents as re ucsted Project Component 3: Exhibit D alone with invoice and Monthly. by the 30"' of Inspection for non -eligible proof of payment as evidenced by the month f'ollowine properties (Maxinl= cancelled checks or bank the month of service $250,00) statements. and any other documents as requested 1.5 PERIOD OF PERFORMANCE SPONSOR services shall begin on April 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 co repletion of all rehabilitation projects. In any event. SPONSOR shall complete all services required hereunder prior to dune 30, 2025. Any Funds not obligated by the expiration date of this Agreement shall automatically revert to the COUN'rY. I'iie County Manager or designee may extend the term of this Agreement for a period of up 10 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to SPONSOR. 1.6 AGREEMENT AMOUNT The COUNTY agrees to make available ONE MILLION, SEVEN HUNDRED NINETY- ONE THOUSAND, SIX HUNDRED AND FORTY-ONE DOLLARS and NO CENTS ($1,791,641.40) for use by the SPONSOR, during the term of the Agreement (hereinafter. shall be referred to as the Funds). Modifications to the Budget and Scope may only be made if approved. by COUNTY, in advance Funds may be shifted to allow for the maximum number of units to be rehabilitated. All serviceslactivities specified in Part 1 Scope ol'Services shall be performed by SPONSOR or its subcontractors that meet State requirements. Contract administration shall be handled by SPONSOR and monitored by Cl-IS, which shall have access to all records and documents related to the project. SPONSOR may, with prior CO[JNTY approval, adjust the budget between Project Components, as needed, in order to respond to the needs of the community. Total expenditures may not exceed the Total State Funds. The COUNTY shall reimburse SPONSOR for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SPONSOR may not request disbursemcnt of SII111 1�'urids until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time ofthe request. Invoices for work performed are required every month. SPONSOR may expend Funds onIN for all0Wable costs resulting from obligations incurred during the term of this Agreemett, I f no work has been performed during the month, or if SPONSOR is not yet prepared to send the required backup. a Rural Neighborhoods. Incorporate Just Rants - Plus SHOR 23-0)] ❑ancr-Occupicd Rchabihlaluoii Packet Pg. 899 16.D.3.a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SPONSOR when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SPONSOR fails to perform the minimum level of service required by this Agreement. Services performed by SPONSOR and paid for by Everglades Housing Group, Inc, and SPONSOR shall be reimbursed to SPONSOR subject to validation of expenditure. Final invoices are due no later than 90 days after the end of the Agreement, Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or l-ederal 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 C1 IS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes. otherwise known as the "Local Government Prompt Payment Act." 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid) - commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Grants Coordinator i Collier County Government Community and Human Services 3339 Tamiami -frail East, Suite 213 Naplcs. FL 34112 Email to: TBD U colliercountyfi.gov Telephone: 239-252-'FBD SPONSOR ATIT'N711ON: Steven Kirk. President Rural Neighborhoods. Incorporated 19308 SW 380 Street Florida City. FL Zip 33034 Email to: stevekirkq(,ruralneighborhoods.org Telephone: (305) 242-2142 Rural Neighhnrhoods. Incorporate Just Roofs - PluS S1i{.7It 23.00I owner -occupied Rehabilitation Packet Pg. 900 16.D.3.a Remainder of Page Intentionally- Left Blank Rural Neighborhoods. Incorporatc .lust Roof's - Pius S} OR 23-uu 1 Owner -Occupied Rehabditatian A u M N O N N N O N a_ x U) c a� E ca a Packet Pg. 901 16.D.3.a PART 11 GRANT CONTROL REQUIREMENTS 2.11 AUDITS Pursuant to Florida Statute section 215.97(6) (Florida Single Audit Ac(}, il' S13ONS0R expends a total amount of State awards equal to or in excess of'$754.000 in any fiscal year, it must conduct a State single or project -specific audit For such fiscal year, in accordance with Section ? l 5.97, Florida Statutes: applicable rules of the Executive 0free of the Governor and the Comptroiler: and Chapter 10.650, Rules of the Auditor General. SPONSOR shall ensure that the audit complies with the requirements of section 215.97(7). Florida Statutes. This includes submission of a reporting package, as defined by section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 60 days after receipt by SPONSOR. but not later than 180 days after SPONSOR's fiscal year end. SPONSOR shall submit the financial reporting package and Exhibit 1= 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. F orida Statutes. However. if SPONSOR expends less than $750,000 in State awards in its fiscal year and still elects to have an audit conducted in accordance with previsions of Section 21-1.97. Florida Statutes. the cost of the audit must be paid from non -State fiends. 2,2 RECORDS AND DOCUMENTATION SPONSOR shall maintain sufficient records in accordance with the Florida Housing Finance Corporation (FHFC) program regulations. as provided in Exhibit 13, to verify compliance with the requirements of this Agreement. the SHIP Program, and all other applicable laws and regulations. 1'his documentation shall include. but is not limited to. the fallowing; A. All records required by SHIP regulations. B. SPONSOR shall create and maintain public records that ordinarily and necessarily would hL required by COUNTY to perform the service. C. SPONSOR shall make available to COUNTY or CI IS, 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 ident i f led in the previous sentence shal l be in accordance with generally accepted accounting principles (GAAP), procedures. and practices, which sufficient])- and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement. including, matching funds and Program Income. These records shall be maintained to the extent oFsuch detail as will properly reflect all net costs. direct and indirect labor. materials. Rural Neighborhoods, Incorporate Iuss Rtmfs - Plus SHOR 23-001 Owner -Occupied Rehabilitation (L 4 0 0 0 0 o� to N W) N Packet Pg. 902 16.D.3.a equipment. supplies and services. and other costs and expenses ofwhatevcr nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all \.fork contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS. Ifrequested. In any event. SPONSOR shall maintain all documents and records in an orderly fashion in a readily accessible. permanent, and secured location for five (5} years after the date ol'submission of the annual performance and evaluation report, as prescribed in 2 C F R 1-00.334 I1owever- if M any litigation, claim_ or audit is started before the expiration date ❑f'the live (5) year period, y the retards will be maintained until all litigation. claim, or audit findings involving these °o records are resolved. II'SPONSOR ceases to exist afuter the closeot oft ltis Agreement. It will N notify the COUNTY in writing. of the address where the records are to lie kepi. as outlined in 2 C1=R 200.337 SPONSOR shall meet all requirements for retaining public records and 0 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 o to 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. E IF SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- 252-2679, Michael. BrownIet[it)colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. SPONSOR is responsible for the creation and maintenance of income eligible files on clients served. and documentation that all households are eligible under F1-IFC Income Guidelines. Income certification documentation will be validated at interim and closeout monitorings. SPONSOR agrees that CHS shall be the final arbiter on SPONSOR's compliance. F. SPONSOR shall document how it complied with the Program components. applicable regulations included in Exhibit B. and eligibility requirement(s) under which Funding was receives{. 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 oft the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the costs provided in Chapter 119. Florida Statutes or as otherwise provided by law, SPONSOR shall ensure that exempt or confidential public records that are released from Rural Neighborhoods, Incorporate Just Roof's - Plus S€OR 23-001 10 Owner -Occupied ROmbilanon Packet Pg. 903 16.D.3.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 COUN'I`Y an Annual Audit Monitoring, report (Exhibit I) no later than fill days alter SPONSOR's fiscal year end. In addition, SPONSOR shall submit to the COUNTY a Single Audit report. Management Letter. N and supporting documentation nine (9) months (or one hundred eighty (180) days for a Subrecipients exempt from Single Audit) after the SPONSOR's fiscal year end. The COUNTY 4 will conduct an annual financial and programmatic review. 0 SPONSOR agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion. a desktop o review of the activities may be conducted in lieu of an on -site visit. The continuation of this p 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 cm said progress and allow for completion of required reports. SPONSOR shall allow CHS or FIj C to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled, as � determined by CHS or FIIFC. E The COUNTY will monitor SPONSOR's performance to mitigate fraud. waste, abuse, or nonperformance based on goals and performance standards, as stated with all other applicable laws. regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332 Substandard Performance as determined by the COUNTY. will constitute noncompliance with this Agreement. If SPONSOR does not take corrective action within a reasonable time period after being ltotified by the COUNTY, Agreement suspension or termination procedures will be initiated, SPONSOR agrees to provide 111 the Florida Office of Inspector General. the COUNTY or the C:OUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SPONSOR shall establish. maintain, and utilize internal control systems and procedures sufficient to prevent. detect. and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide for proper and effective management of all Program and 1~iscal activities of the Agreement. SPONSOR's internal control systems and all transactions and other significant events shall be clearly documented and readily- available for monitoring by COUNTY. SPONSOR shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement, SPONSOR shall fully cooperate with COUNT'Y'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 COLINT-Y, or any appropriate law Rural Neightwhtmds. Incorporate ,lust Roofs - Plus S14OR 23-001 1 1 Ownerdkcupied Rchabilitatiun Packet Pg. 904 16.D.3.a enforcement authority, ifthe report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for norcompliance, nonperformance, or unacceptable performance under this Agreement, Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To enforce COUNTY Resolution No. 2013-228, CHS has adopted ail escalation policy to ensure M continued compliance by Sponsors. Developers, or any entity receiving grant fonds from CHS. y The escalation policy for noncompliance is as follows: °o W A. Initial noncompliance may result in ClIS issuing findings or Concerns to SPONSOR. which requires SPONSOR to submit a corrective action plan to CHS within 10 business days lollowing issuance of'the report. p o� to ■ Any pay requests that have been submitted to CI -IS for payment will he held until [lie CM corrective action plan has been submittal. N • CHS will be available to provide 'Technical Assistance (TA) to the SPONSOR, as needed, in order to correct the noncompliance iSSLIC. B. If SPONSOR fails to submit the corrective action plan in a timely manner. CHS may require a portion ❑fthe awarded grant amount to be returned to the COUNTY. • CHS may require SPONSOR to return upwards of 5 percent of' the aware] alliournt to the COUNTY. at the discretion of the Board. • "The SPONSOR may be denied future consideration as set fotih in Resolution No 2013-228. C. If SPONSOR remains noncompliant or repeats an issue that was previously corrected and has been informed by CI IS of their- substantial noncompliance by certiFied mail. CI IS 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 retttnt upwards of 10 pci-cent of the ! award aniount to the COUNTY. at the discretion ofthe Board. • The SPONSOR will be in violation of Resolution No. 2013-778. D. If after repeated notification SPONSOR continues to be substantially noncompliant.. CHS may recommend the Agreement or award be terminated. Rural Neighborhoods, Incorporate Just Roofs - Plus SHOR 23 -00 1 Owner -Occupied Rehabilitation Packet Pg. 905 16.D.3.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 project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or tither activities. + The SPONSOR will be in violation of Resolution No. 21013-228. If SPONSOR has multiple agreements with CHS and is found to be nottcompliant. the above sanctions may be imposed across all awards at the Board's discretion, 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the COUNTY on the 30th day of January. April. July. and October, respectively, for the prior quarter period end. As part of the report subntittcd in October or when final services are delivered. whichever is earlier, SPONSOR agrees to include a comprehensive Final report covering the agreed -upon Program objectives, activities. and expenditures. including but not limited to. performance data on client feedback with respect to the goals and objc:ctivcs set forth in Exhibit F. which contains a sample reporting farm to be used in fulfillment of this requirement, Other reporting requirements may be required by the County Manager or designee in the event of Program changes. the need for additional information or documentation arises, and/or if legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause ['or default and termination of this Agreement. Rural Neighborhoods. Incorporate Just hoofs - Plus SHOR 23-001 Owner -Occupied Rehabilitation Remainder of Page Intentionally Left Blank 13 (L m 0 0 0 0 o� to N W) N Packet Pg. 906 16.D.3.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 j udgment. 3.2 GENERAL COMPLIANCE y 0 0 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 tinder this Agreement. SPONSOR agrees to utilize Fonds available o under this Agreement to supplement, rather than supplant, funds otherwise available for Owner - Occupied Rehabilitation. N In N 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 UnemploymLnt Compensation. FICA, retirement benefits, life and/or medical insurance, and Workers' Compensation Insurance as SPONSOR is independent of the COUNTY. 3.4 AMENDMENTS The COUNTY or SPONSOR may amend this Agreement at any time provided that such amendments make specilic. reference to this Agreement, are executed in writing, signed by a LIL11% authorized representative off 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 tinder this Agreement. The COUNTY may, at its discretion. amend this Agreement to conform with Federal. State. or Local guidelines, policies. available funding amounts, or other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to he undertaken as part of this Agreement, such modifications will he incorporated only by written amendment signed by both COUNTY and SPONSOR, 3.5 AVAI LAI3ILlTV OF FUNDS The parties acknowledge that the Funds originate from Fl-iFC provided Sl IlP grant funds and must be implemented in full compliance with all SHIP rules and regulations and any agreement between COUNTY and 11II.0 governing I -I Il C Funds pertaining to this Agreement. In the event Rural Neiehhnrhoods. Inccsrporate .lust Roofs - Plus SHOR 23-001 14 Owner -Occupied Rehabilitation Packet Pg. 907 16.D.3.a 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 COUNTY may terminate this Agreement. which shall be ef3ective as of the date it is determined by the County Manager or designee. in his or ]let- sole discretioil and judgment, that the Funds are no longer available. In the event of such terntination. SI'ONS0R agrees that it wilt not look to, nor seek to hold the COUN l Y. nor am, individual member of the County Commissioners and/or County Administration. personally liable for the performance of this Agreement: and the COUNTY shall be released from any further liability to SPONSOR under the terms of this Agreement. 3,6 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CIaR 200,341 tills Agreement may be terminated for convenience by either the COUNTY or SPONSOR. in whole or in part. by setting forth the reasons 1'or such tCTMination. the effective date, and in the case of"partial terminations, the portion to be terminated. I-fowever, in the Lase of a partial termination. if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if` the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SPONSOR shall constitute a Default under this Agreement A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations. executive orders, and FHFC guidelines, policies, or directives as may become applicable at any time D. 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 Agrecment D. Submission of reports to the COUNTY that arc incorrect or incomplete in any material respect C. Submission of any false certification F. Failure to materially comply with any terins 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 ofone or more of the following remedies. in compliance with 2 C F R 200, Appendix II (B)., Rural Neighborhoods, incorporate Just Roofs - Plus 51 IOR 23-001 Owner -Occupied Rehabilitation 15 a w 0 0 w 0 0 o� to N Packet Pg. 908 16.D.3.a A. Require specific pertormance ortlie Agreement, in whale or'ln pate B. Require the use of, or change in. professional property management C, Require. SPONSOR to immediately repay to the COUNTY all SHIP funds the SPONSOR has received under this Agreement I). Apply sanctions. if determined by the COUNTY to be applicable F. Stop all payments until identified deficiencies are corrected F. Terminate this Agreement by giving, "Tittcn 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 indemnity 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' tees, to the extent caused by the negligence, recklessness. or intentionally wrongful conduct of SPONSOR or any of its agents. officers. servants. employees, contractors. patrons. guests, clients, licensees. invitees. or any persons acting under the direction, control, or supervision of the SPONSOR in the performance oC 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 ❑r 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 shaII sure ire 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 Earth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement, 3.8 COUNTY RECOGNITIONISPONSORSHIPS SPONSOR agrees that all notices, informational pamphlets, press releases, advertisements. descriptions of Program sponsorships, research reports, and similar public notices, whether printed or digital, prepared and released by SPONSOR ror. on behalf of. and/or about the Program shall include the statement: "FINANCED BY FLORIDA HOUSING FINANCING COPORATION {FHFQ AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" Itural Neighborboods. Incorporate .lust Rools - Plus SHOR 23-001 16 Owner•Occupicd Rehabilitation Packet Pg. 909 16.D.3.a and shall appear in the same size letters or type as the name of SPONSOR. This design can is intended to disseminate key information to the general public regarding the development team as well as Equal Housing Opportunity. Construction signs shall comply with applicablc COUNTY codes. 3.9 INSURANCE SPONSOR shall not commence any wort{ 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 ol'at least $1,000.000 per occurrence in accordance with Exhibit A. 3.10 PURCHASING A11 purchasing for consumables, capita! equipment- and services shall be made by purchase order or written contract and in confvnnity and Wil 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 Dolour Range 5 Competition Required $0 - $50.000 3 Written Quotes $50,001+ Formal Solicitation 0"FI3. RFP. etc.} All improvements specified in Part I Scope of Work. shall be performed by SPONSOR employees, or be put out to competitive bidding. under a procedure acceptable to the COUNTY and FL State requirements. SPONSOR shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be managed by SPONSOR and monitored by CI IS. which shall have access to all records and documents related to the Project. As provided in section 287.1 33, 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 287.13 30i[a]. Florida Statutes. 3.11 DEBARMENT SPONSOR certifies that :tone of its officers or agents has been debarred from bidding. proposing. or contracting for Federal. State. or Local government programs. SPONSOR assures that all its subcontractors who will participate in activities, and are subject to this Agreement. arc eligible and have not been debarred. Rural Neighborhoods, Incorporate ,lust Roofs - Plus SHOR 23-001 17 Otti•ner-Occupied Rehabilitation Packet Pg. 910 16.D.3.a 3.12 GRANT CLOSEOUT PROCEDURES SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include. but are not limited to making final payments, disposing of program assets (including the return of all unused materials. equipment. program income balances. and receivable: accounts to the COUNTY). closeout monitoring. and determining the custodianship of records. In addition to the records retention outlined in Section 2.2, SPONSOR shall comply with section 119.021. Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. SPONSOR shall return to the COUN'rY any balance of uttobligated Funds that have been advanced or paid to SPONSOR. It must also return to the COUNTY any funds paid in excess of the amount the SPONSOR is entitled under the terms and conditions of this Agreement. SPONSOR shall also product records and intnrmation that comply with section 215.97. Florida Statutes. the Florida Single Audit Act. 3,13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SPONSOR agrees that no person shall be excluded from the benefits of, or he subjected to discriminat1oil 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 firth the provisions of this nondiscrimination clause in conspicuous places available to employees and applicants Ior employment. To the greatest extent feasible_ lower -income residents oi' the project area shall be givelt opportunities for training and employment. In addition. to the greatest practicable extent, eligible business concerns located in or owned in substantial Dart by persons residing in the project area shall be awarded contracts in connection with the project. SPONSOR is encouraged to comply with Section 3 of the Housing and Community Development Act of 1968. 3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses. and minority and women owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 30) of the Small Business Act, as amended (1 S 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 Rural Ninghhorhoods, Incorporate .lust Roof's - Plus SHOR 23-00I 18 Owner -Occupied Rehabilitation a 4 0 0 0 0 o� to N to N Packet Pg. 911 1ti.D.3.a purposes of this definition. "minority group members" are Black Americans, Hispanic Americans. Asian/Pacific Americans. Native Americans. and Hasidic .lews. SPONSOR may rely on written representations by businesses regarding their status as minority and woolen business enterprises, in lieu of an independent investigation. 3.15 PROGRAM BENEFICIARIES As defined by Florida Statute sections 420-9071-420.9079 and the Collier County Local IIousing Assistance Plan (LHAP). 100 percent of the beneficiaries receiving SHIP funding, through this Agreement must meet the requirement to he at or below 120 percent of the Area Median Income (AMI). as established by IiUD. Additionally. the SHIP program requires SPONSOR to meet specific income set -asides. which are described in Exhibit B. Income eligibility of tenants will he 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 Affirnuttive Action Program. pursuant to the COUNTY's specifications in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Prior to award of Funds. SPONSOR shall submit a plan for an Affirmative Action Program to COUNTY for approval. if the Affirmative Action Program is updated during the period of performance of this Agreement. SPONSOR must submit the updated plan to the COUNTY within 60 days of any update,'modiFeation. 3.17 PROHIBITED ACTIViITY SPONSOR, or personnel employed in the administration of the program. are prohibited from using Funds provided herein, for political activities, sectarian or religious activities, lohbNing- political patronage. and/or nepotism activities. 3.18 CONFLICT OF INTEREST SPONSOR covenants that no person under its employ. who presently exercises any f unctions or responsibilities in connection with the Project- has any personal financial interest. direct or indirect- in the Project area or any parcels therein. which would conflict in any manner or degree with the performance of this Agreement. In addition, SPONSOR will not employ or subcontract any person having any conflict of interest. SPONSOR covenants that it will comply � ith all provisions of°Conflict of Interest -'"per Florida Statutes section 297.057 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 awned in whole or in part by a covered person or an entity owned 01' 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 COLINTY's sole discretion. This provision is not intended to limit SPONSOR's ability to self -manage the Project using its own employees. Rural Neighborhoods. Incorporate Just Rools - Plus S11011 23-001 19 Okner•Occupied Rchahilitalion IL 4 0 0 0 0 o� to N W) Packet Pg. 912 16.D.3.a 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 maximttnt Opportunity be provided for employment and participation of law- and moderate-incorne residents of the project target areas. 3,19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS State Funds may be used by religious organizations or can property owned by religious y organizations only in accordance with requirements set forth in Florida Statutes. Chapter c 196.011. SPONSOR shall comply with First Amendment Church/State principles as Follows: A. It will not discriminate against any employee or applicant for clrlployment and will not limit or give preference in employment to persons based oil religion. p o� to B. It will not discriminate against any person applying for public services and -,will not limit such N services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and I.ocal governments and may continue to early 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 instrlic11011. 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. Sl IlP Funds may not exceed the cost of those portions of the acquisition. construction. or rehabiI itation that are attributable to cligible activities 1n accordance with the cost accounting, requirements applicable to SI11P Funds in this part. Sanctuaries, chapels. or other rooms that a SHIP funded religious congregation uses as its principal place of %�,orship, however, are ineligible for SHIP funded improvements. 3.20 INCIDENT REPORTING If SPONSOR provides services to clients under this Agreement, SPONSOR and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person, 3,21 ENFORCEMENT OF AGREEMENT The bcncfits 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 Rural Neighborhoods. Incorporate .hest Rool's - Plus S1IOR 23-001 20 Owncr-Occupied Rehabilitation Packet Pg. 913 16.D.3.a 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 alV 01.1tstartding. SPONSOR warrants that it has not, and will not. execute any ether 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. 1-lowever. this shall not preclude the COUNTY from subordinating its loan to construction financing. 3.22 SEVERABILITY a Should any provision of the Agreement be determined to be unenforceable or invalid, such c determination shall not afl'ect the valld][N or enf'nreeability of'anv other section or part thercot', W 3.23 COPYRIGHTS AND PATENTS 0 It' this Agreement results in a hook or other copyright or patent materials, SPONSOR niay 0 copyright or patent such, but Collier County and the State of Florida reserve a royalty -tree. N In nonexclusive, and irrevocable license to reproduce. publish. or otherwise use such materials and to authorize others to do so. .� Rural Neighborhoods, Irneorporate Just Roars - Plus SHOR 23-001 Omner-Occupied Rehabilitation [Signature Page to Followl 21 Packet Pg. 914 16.D.3.a IN WITNESS WHEREOF, the SPONSOR and the COUNTY_ have each respectively, by an authorized person or agent, hereunder- set their hands and seals an the date first written above. A I'TEST: CRYSTAL K. K1NZEL, CLERK , DEPUTY CLERK Date: (SEAL) WITNESSES: ►4[�1�lI11�I11]��'E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: RICK LOCASTRO, CI-IAIRMAN Date: AS TO THE SPONSOR: RURAL NEIGHBORHOODS, INCORPORATED Witness #1 Signature By: STEVEN KIRK. PRESIDENT Witness # l Printed Name Date: Witness 42 Signature [Please provide Evidence of Signing AkiIhorit. j Witness 92 Printed Name Approved as to form and legality: Derek D. Peary Assistant County Attorney Date: Rural Neighborhoods. Incorporate Just Roars - Plus SFIOR 23-001 0� ner-Occupied Rehabilitation 22 Packet Pg. 915 16.D.3.a EXHIBIT A INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County. c/o Community and I Iuman Services Divis1on, 33 39 EI Tantiami Frail, 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 lrijury and Property Damage. DESIGN STAGE (I1= APPLICABLE) In addition to the insurance required in I - 3 above, a Certiticate 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 $1,000,000 per occ u rrenc e/$ 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) Ill addition to the insurance required in I - 4 above- the SPONSOR shall provide. or cause its Subcontractors to provide. original certificates indicating the fallowing types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance oil an "All Risk" basis, in an amount not less than one hundred ( 100%) percent of the insurable V'aILie of the buildings) or Structure(s). The policy shall be in the name of Collier County and the SPONSOR. 6. It! 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). OPERATIONWANAGEM ENT PHASE (IF APPLICABLE) Af)cr the Construction Phase is completed and occupancy begins. the following insurance must be kept RuralNcirlihorhonds, incorporate !List RooT_Nti - Plus SI IOR 23-W 33 Owner-occupicd Rchabiiitation Packet Pg. 916 16.D.3.a in force throughout the duration of'the loan and/or Agreement; Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1.000.000 per accurrencc and $2.000.000 aggregate. Collier County Ill lst he shown as an additional insured with respect to this coverage. t). 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 )tot less than one hundred ( 10()%) of the rep Iacemcrit cost of the property. Collier County must be shown as a Loss payee. with respect to this coverage A.T.1.M.A. 11. Flood insurance coverage for those properties found to be within a flood hazard zone, for the lull replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFTP). The policy must show Collier County as a Loss Payee A-T].M.A. Rural Ncighhorhoods. Incorporate Just Roof's - Plus 51 ft7R 23-001 0-wi -Occupied Rehabilitation Packet Pg. 917 16.D.3.a EXHIBIT B PROGRAM NARRATIVE OWNER-OCCUPJED REHABILITATION PROGRAM The Owner -Occupied Rehabilitation Program is designed to assist income eligible homeowners who own and occupy their home, by providing SHIP Funds to assist with necessary repairs to correct code violations or emergency repairs that impact health. safety. and welfare. 1-he home must be suitable For rehabilitation and located within the unincorporated or incorporated areas of Collier County. The Owner -Occupied Rehabilitation Program shall be administered in accordance with Collier CountG's Rehabilitation Standards (incorporated by reference. and as amended) and with the Owner -Occupied Rehabilitation Assistance Strategy as outlined in the County's 2019-2022 and 2022-2025 SI-IIP I.acul Housing Assistance Plans, as amended (incorporated by reference). A. DESCRIPTION OF WORK TO BE PERFORMED CHS is responsible for final approval of income eligibility of all applicants. CHS will record liens against the homeowner prior to the issuance of the Notice to Proceed (N-1-I1) and once the improvements are completed. CHS will ensure compliance with respect to all applicable S1-111' regulations and coordinate with a third -party inspector to conduct the initial and final inspections of the completed rehabilitation. The third -party inspector will also evaluate the property and work write- ups prior to SPONSOR issuing the Invitation to Bid (ITB) or requests for quote. SPONSOR will carry out housing rehabilitation contract management and inspection for the Owner - Occupied Rehabilitation Program. and perform technical and administrative work involving the repair and renovation of residential properties for the: program similar to the steps listed below: 1. Meet with homeowner, conduct testing, and provide evaluation to determine the needs of the home along with any health and safety issues not identified that would impact the COUNTY's ability to authorize the work. Once evaluation is complete, SPONSOR will create a scope of work and an Independent Cost Estimate for Elie unit and submit to C1-iS for review and approval. 2. Issue ail ITB or request for quote to potential building contractors, utilizing the COUNTY's Purchasing Policy for each property. Each 1113 or quote will lie adr,-ertised in accordance with the COUNTY's Purchasing Policy. SPONSOR sliall issuethe iTB or quote, respond to questions, conduct the walk-through with potential contractors (if necessary), and make recommendations for awards. 3. Complete rehabilitation and obtain final inspection approval by third -party inspector within l 20 days from NTP approval by CHS. If SPONSOR fails to complete the necessary rehabilitation within the time frame, the project delivery fee associated with the unit shall he forfeited unless C14S allows a time extension. If there is an unforeseen delay. SPONSOR shall submit a written explanation and request approval for a time extension from CI -IS. 4. Authorize a change order up to $500.00 per rehabilitation unit, it'necessary, No change order will be approved if it exceeds the per -unit maximum, as outlined in the LHAP. If the change Rural NeighboncmAs. Incorporate lust Roofs - Plus Sl 10R 23-001 25 Owner-OCCUpied Rehabiiiuition IL w 0 0 0 0 o� to N to Packet Pg. 918 16.D.3.a order exceeds $500.00, the SPONSOR shall seek prior approval from CHS staff and/ar the COUNTY's third -party inspector, The change order approval must be in writing and submitted at the time of the payment request. If the approval is not obtained or provided, SPONSOR w111 not be reimbursed. 5. Submit close out documentation. any warranties transferred to homeowner. and all final pay requests to C l IS. 6. Serve as mediator as issues arise, to resolve any contract disputes between homeowner and M contractor, while providing support and guidance to the homeowner throughout the process. y 0 0 13. WORKING HOURS � Regular service shall be made available between she hours cif $:fi0 AM to 5:00 PM. Monday through Friday. excluding COUNTY recognized holidays. There may be times when SPONSOR may need o to be available after hours to accommodate the homeowner. o� to N C. ESTIMATES: N SPONSOR shall solicit estimates/quotes on all rehabilitation projects, based on the COUNTY's Purchasing Policy referenced herein, and provide those estimates to the COUNTY prior to final contractor selection. D. LEVELS OF ACCOMPLISHMENT 1. Successful repair and closeout of an eligible owner -occupied housing unit. ?. Quarterly submittal of Progress Reports. E. PROJECT RECORDS SPONSOR will be required to make working papers available, upon request. without charge, to any Federal. State, or Local agency upon request. At a minimum, records shall include the following: 1. Written inspection report describing code violations or issues deemed health. safety, and/or welfare issues, or emergency repairs. a work write-up providing, detailed specifications to be used in addressing, the code violations or health/safety/wel['are issues. general property- and energy efficiency improvements: an in-house cost estimate: and copies of all bid documents and bids received. ?. Copy of executed contractor purchase order/agreement and homeowner agreement. 3. Evidence of complete and successful repair of an eligible !lousing unit. 4. Proof of an executed agreement between the SPONSOR and the homeowner. and a contractual agreement between SPONSOR and the contractor for subcontractors] licensed to hull required permits in Collier County, proof of completed repairs identified in the work write-up, as evidenced by the following: Certificate of occupancy or hard cards showing County building official approval of, Rural Ncighborhoods, incorporate Just Roofs - Pius SHOO 23-00I 36 Owner -Occupied Rehabilitation Packet Pg. 919 16.D.3.a work requiring County permit + inspection of the completed work performed by the contractor (or subcontractors) Icy the CHS third -party inspector + A copy of the release of liens for each contractor • !1 copy of SPONSOR's payment (check) to each contractor for copies of checks paid to subcontractors) • Before and after pictures of work completed ■ Signature of Homeowner confirming satisfaction of work completed. If homeowner refuses to sign, a letter from the SPONSOR is required, + Change orders and documentation of approval, if applicable + Bid documents (solicitation notice and hid tabulation) Rural Nuo-ghhorhoods, incotporate Just Roofs - Mus Sf?OR 23.001 27 Owner -Occupied Rehabilitation Packet Pg. 920 16.D.3.a EXHIBIT C BUDGET NARRATIVE OWNER -OCCUPIED REHABILITATION PROGRAM The total SI-II1' allocation to SPONSOR for the Owner -Occupied Rehabilitation Program shall not exceed One Million Seven Hundred Ninety -One Thousand and Six Hundred and ]Forty -One and 00/100 Dollars (S1,791,641). aSonrccs,lor thesefirnds are as, fnllours: Fiscal Year Project Inspection for Rehab Fund Total Delive , Non -Eligible 2021-2022 S61,186* S500.00 S1,162,035.00 S1.223, 721 ** 2022-2023 S28.396 * S500. 00 S 539, 024.00 $567, 920* * * Total Funds $89,582.00 51,000.00 $1,701,059.00 $1,791,641.00 *nlaximrrm project deliver v ** expenclin it -e deaclline jiw 2021/2022 is June 30. 2024, as extended and approi,ed by f7orida (lousing Finance Corporation * * * expenditure deadline, for 2022/2023 is Ane 30, 2025, as extended and uppmved by Floricla Housing Finance Corlmrution Funds may be shifted between project delivery. inspection for non -eligible. and rehab to allow for the ntaximum amount of Funds to be expended. Uses of these funds are us follows: Funds shall be disbursed in the following manner ['or the following uses: 1. Maximum rehabilitation funding per unit is in accordance with the applicable LHAP funding year. Funds may be used from either allocation a a combination of funding years in One unlit. A project delivery fee of 5 percent of' the rehabilitation cost. to complete program management and other project compliance activities conducted by staff car contracted partv. shall be paid for each completed unit. Associated work to perform technical and administrative work involving the construction and renovation of residential properties. 3. An inspection fee of $250.00 will be paid for those homes that fail to meet the rehabilitation standards. 'This fee is only paid when a property fails to meet the criteria. No other fees will be paid to SPONSOR in such circumstances. Rural Neighborhoods. Incorporate lusl Roofs - Plus 51 IOR 23.001 29 Owner -Occupied Rehabilitation Packet Pg. 921 16.D.3.a EXHIBIT D COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SPONSOR blame; Rural Neighborhoods, Incorporated SPONSOR Address: 19308 SW 38Qt1' Street Florida City. Florida 33434 Project No: S110R 23-001 Payment Request 9 Total Payment M"tntls Retainage Period of Availability. through Period for which SPONSOR has incurred the indebtedness through SECTION I1: STATUS OF FUNDS Sponsor CI -IS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net oi' Retainage. if applicable) S $ 4. Current Grant Balance (Initial Grant Amount Award request) {includes Retainage} S $ I certi N that this request for payment leas been made in accordance with the terms and conditions of the Agreement between the CO[]NTY 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 S 14,999 and below) Rural Neighborhoods. Incorporate Just Roofs - Plus SIIOR 1-3-001 Owner -occupied Rehabilitation 79 Date Authorizing Grant Accountant Division Director (Approval Required S 15,000 and above) IL m 0 0 0 0 0 o� to N W) Elk Packet Pg. 922 16.D.3.a EXHIBIT E QUARTERLY PROGRESS REPORT ('nrr►plere fnr►rr for to C'unrrrrrurilt cr►rc! Nunrcrrr Ser+ic c�.+ sru�f b.v the 301h of the JbIlowing quarterly ►uon1h. Status Report for the Quarter Submittal Date: Ending: Project Name: Owner -Occupied Rehabilitation Program Project Number: SHOR 23-091 SPONSOR Name: Rural Neighborhoods. Incorporated Contact Person Steve Kirk. President Telephone: (305) 242-2142 Fax: Email: stevekirk;uiruralncigltborlioods.❑rg PROPERTY UNIT DATA Number of units under rehab this period Number o€'units completed this period Number• of tin its com pleted to date EXPENDITURE DATA Amount of funds expended this ecriod Amount of funds expended to date New Contracts executed this period Name of Contractor Address Arnount of Contract INCOME DATA Client Income Category Income Arnount What events/actions are scheduled for the iiext month'? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Signature Rural Noghborhoods. Incorptirau Jusi Rnofs - Plus StIOR 23d001 Owner -Occupied Rchahilitation 30 Date: Packet Pg. 923 16.D.3.a EXHISI'r ti ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards 1 determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingl, Collier County requires that all appropriate documentation is provided regarding your organization compliance. In determining Federal awards expended in a fiscal year, the entity must consider s sources of Federal awards based on when the activity related to the Federal award occurs, including ar Federal award provided by Collier County. The determination of amounts of Federal awards expende shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -- Auc Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirement! SNameipient _F ubrName Rural Neighborhoods Inc. First Date of Fiscal Year MMIDDNY Last Date of Fiscal Year MMIDDIYY 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 federallstate expenditure threshold for our fiscal year ending as indicated above has bee met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will b completed by . Copies of the audit report and management letter are attache 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 1 included separate from the written response provided within the audit report. While w ❑ understand that the audit report contains a written response to the finding(s), we are requestin an updated status of the corrective action(s) being taken. Please do not provide just a copy 1 the written response from your audit report, unless it includes details of the actions, procedure: 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 Rural Neighborhoods. Incorporate Sus] Roars - I11us SHOR 23-001 31 Owner -Occupied Rchabifitation 061 i 8 IL 4 0 0 0 0 to N W) N Packet Pg. 924