Agenda 04/23/2024 Item #16D 1 (Immokalee Fair Housing Alliance, Inc for the construction of rental housing units in Immokalee and terminate #SHRD-22-003 for convenience)04/23/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign one State Housing Initiative Partnership
Sponsor Agreement between Collier County and Immokalee Fair Housing Alliance, Inc., in the amount of
$1,000,000 for the construction of rental housing units in Immokalee and terminate Agreement #SHRD-22-
003 for convenience. (SHIP Grant Fund 1053)
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 #16.D.3), 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.
Annually, the Community and Human Services (CHS) staff advertise a grant application cycle to secure
organizations to implement SHIP strategies. During the grant application cycle in January 2021, there were four (4)
were for SHIP-eligible projects. The Review and Ranking Committee met and reviewed all applications, and the
committee selected another residential development project for the award subsequently, they 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
conditional 2022/2023 grant award of $500,000. On May 23, 2023, Agenda Item #16.D.1, the Board approved a
Sponsor agreement SHIP FY 2022-2023 to construct new rental housing.
During the grant application cycle in January 2023, there were a total of six (6) SHIP grant applications and three
(3) were SHIP-recommended eligible projects. The Review and Ranking committee met and reviewed all
applications and Immokalee Fair Housing Alliance was recommended an award of $500,000 for SHIP FY2023 -
2024 funding.
Immokalee Fair Housing Alliance has requested that staff combine the prior awarded SHIP 2022-2023 funding with
the 2023/2024 awards into one grant agreement for a total of $1,000,000 to construct a 16 -unit rental housing
project. As such, the proposed agreement reflects this combination, and approval of this item will formally
terminate Agreement #SHRD-22-003 for $500,000, effective March 26, 2024, for convenience, at the request of the
subrecipient to allow for ease of administration and reporting. Section 3.6 of Agreement No. SHRD-22-003 allows
for the agreement to be terminated for convenience by either the County or Immokalee Fair Housing Alliance, Inc.
by setting forth the reasons and the effective date of the termination.
All SHIP-assisted units will be at the fifty percent (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 for thirty (30) years, according to the FY 2022 -2025 approved
LHAP.
FISCAL IMPACT: Funds in the amount of $500,000 are available in the SHIP Grant Fund (1053), Project 33807,
and the $500,000 SHIP Grant Fund (1053), Project 33863. The proposed action does not have any impact on the
General Fund.
16.D.1
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04/23/2024
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
GROWTH MANAGEMENT IMPACT: Acceptance of these agreements will allow the County to expand
affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County
Growth Management Plan.
RECOMMENDATION: To approve and authorize the Chairman to sign one State Housing Initiative Partnership
Sponsor Agreement between Collier County and Immokalee Fair Housing Alliance, Inc., in the amount of
$1,000,000 for the construction of rental housing units in Immokalee and terminate Agreement #SHRD-22-003 for
convenience.
Prepared By: Wendy Klopf, Grants Coordinator I, Community and Human Services Division
ATTACHMENT(S)
1. 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (PDF)
2. IMMOKALEE FAIR HOUSING ALLIANCE INC FY 22-23 Signed (PDF)
16.D.1
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04/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 28148
Item Summary: Recommendation to approve and authorize the Chairman to sign one State Housing Initiative
Partnership Sponsor Agreement between Collier County and Immokalee Fair Housing Alliance, Inc., in the amount
of $1,000,000 for the construction of rental housing units in Immokalee and terminate Agreement #SHRD -22-003
for convenience. (SHIP Grant Fund 1053)
Meeting Date: 04/23/2024
Prepared by:
Title: Operations Coordinator – Community & Human Services
Name: Wendy Klopf
02/27/2024 3:02 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
02/27/2024 3:02 PM
Approved By:
Review:
Community & Human Services Lisa Carr PSD Reviewer Completed 02/28/2024 8:10 AM
Community & Human Services Dharam Nohar PSD Reviewer Completed 02/28/2024 8:43 AM
Community & Human Services Kristi Sonntag PSD Reviewer Completed 02/28/2024 9:25 AM
Community & Human Services Kim Frazier PSD Reviewer Completed 02/29/2024 5:23 PM
Community & Human Services Vanessa Collier PSD Reviewer Completed 03/01/2024 7:14 AM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 03/01/2024 8:38 AM
Public Services Department Todd Henry Level 1 Department Review Completed 03/04/2024 8:03 AM
Public Services Department Tanya Williams PSD Department Head Review Completed 03/11/2024 8:19 AM
Grants Erica Robinson Level 2 Grants Review Completed 03/11/2024 4:20 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/14/2024 12:27 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/14/2024 1:13 PM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 03/14/2024 1:52 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/14/2024 2:39 PM
Grants Therese Stanley OMB Reviewer Completed 03/15/2024 3:26 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/18/2024 8:26 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
16.D.1
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[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 1 2081 Corazon De La Comunidad Circle Bldg. 8 Grant - SHIP FY 2022-2023 & 2023-2024 Agreement#: SHRD-23-01 Activity: Rental Development SPONSOR: Immokalee Fair Housing Alliance Inc. CSFA #: 40.901 Total Award Amount: $1,000,000.00 UEI #: L8VWFED3EEN7 FEIN: 83-3223257 Period of Performance:June 30, 2025 FISCAL YEAR: December 31st MONITORING END: September 30, 2056 AGREEMENT BETWEEN COLLIER COUNTY AND Immokalee Fair Housing Alliance Inc. Rental Development Program THIS AGREEMENT is made and entered into this ______ day of ______________, 2024 , by and between Collier County, a political subdivision of the State of Florida, (“COUNTY”) having its principal address as 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Immokalee Fair Housing Alliance Inc. (“SPONSOR”) a not-for-profit corporation existing under the laws of the State of Florida, having its principal office 600 Sawgrass Bridge Roan, 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 CAO16.D.1.a
Packet Pg. 893 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 2 2081 Corazon De La Comunidad Circle Bldg. 8 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: 2081 Corazon De La Comunidad Circle Bldg. 8 Immokalee, FL 34142 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 Project Component Two: NA Project Component Three: NA 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 qualifies all tenants B. SHIP Documentation Requirements Compliance Criteria: Activities carried out with funds under this Agreement will be performed in compliance with State Housing Incentives Partnership (SHIP) Program, Florida 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 CAO16.D.1.a
Packet Pg. 894 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 3 2081 Corazon De La Comunidad Circle Bldg. 8 Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program, section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program). B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SPONSOR will implement the Scope of Service summarized in Section 1.2 and Exhibit B of this Agreement. 1.2 SCOPE OF SERVICE SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as 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 & 2023-2024, and SPONSOR’s Application dated February 2023. 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 (COI) and related COI Forms 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 Sponsors with Open Agreement(s) with COUNTY: All SPONSOR staff assigned to the administration and implementation of the Project, established by this Agreement, shall attend the CHS-sponsored Annual Fair Housing training, except those who attended the training in CAO16.D.1.a
Packet Pg. 895 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 4 2081 Corazon De La Comunidad Circle Bldg. 8 the previous year. In addition, at least one staff member shall attend all other CHS-offered training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. 1.4 PROJECT DETAILS A. Project Description/Budget Description State Amount Project Component 1: New Construction of Residential Rental Units, including all associated costs $1,000,000.00 Total State Funds $1,000,000.00 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 and maintain supporting documentation Comply with Section 3 reporting requirements and maintain supporting documentation Provide weekly certified payroll throughout construction and rehabilitation Comply with Uniform Relocation Act (URA), if applicable 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 (Section 1.3 B) Policies as stated in this Agreement Within 60 days of Agreement execution Insurance (Flood, Property, O&D) Proof of coverage in accordance with Exhibit A At time of Certificate of Occupancy and annually within 30 days after renewal CAO16.D.1.a
Packet Pg. 896 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 5 2081 Corazon De La Comunidad Circle Bldg. 8 Program Deliverable Supporting Documentation Submission Schedule Detailed Project Schedule Project Schedule Within 60 days of Agreement execution Project Plans and Specifications Plans and Specifications Within 60 days of contractor award or within 60 days of agreement execution whichever is latter Progress Report Progress report, detailing accomplishments Exhibit D 10 days after the end of the calendar quarter September 30, 2025, and annually thereafter Annual Audit Monitoring Report Exhibit E Annually, within 60 days after FY end SPONSOR Audit Audit report, Management Letter, and Supporting Documentation Within 9 months for Single Audit (otherwise 180 days) after the end of SPONSOR’s fiscal year, through 2056 Continued Use Certification NA NA 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 and expense report and all supporting documentation, as requested 30 days after the end of SPONSOR’s fiscal year through 2056. Operating Expense Budget Report Detailed Operating budget for the next fiscal year Initial report due after lease-up and annually thereafter, prior to start of SPONSOR’s fiscal year, until 2056. Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after lease-up and annually thereafter, prior to start of SPONSOR fiscal year, until 2056. Maintenance Plan Plan approved by the COUNTY At the time of completion of unit(s), with annual submission if plan is revised Register of Tenant Income and Rent Summary of Tenant Income and Income Limit, Rent and Rent Limit, by unit (Rent Roll) At time of full lease-up and annually thereafter until 2056. Maintenance Agreement Executed 3rd Party Agreement Initial lease-up and annually thereafter throughout the affordability period, if applicable, until 2056 D. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule CAO16.D.1.a
Packet Pg. 897 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 6 2081 Corazon De La Comunidad Circle Bldg. 8 Documentation Project Component 1: SHIP Rental Development funds are to be used for all related costs to include but not limited to, land acquisition, land improvement, infrastructure ,impact fees and all development costs, associated fees, permits, and construction (labor and materials) for new residential rental units. Exhibit C along with invoice and proof of rent payment as evidenced by cancelled checks or bank statements, and any other documents as requested Monthly, by the 30th of the month following the month of service. Project Component 2: NA Project Component 3: NA 1.5 PERIOD OF PERFORMANCE SPONSOR services shall begin on April 9, 2024, 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 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, SPONSOR must complete all services required hereunder 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, following receipt of SPONSOR’s written request submitted at least 20 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the SPONSOR. SPONSOR shall record enforceable Restrictive Covenants containing and detailing the affordability requirements herein on the property receiving SHIP funding, at its sole cost, in favor of and in a form acceptable by the COUNTY. 1.6 AGREEMENT AMOUNT The COUNTY agrees to make available One Million Dollars and no CENTS ($1,000,000.00) for use by SPONSOR during the term of the Agreement (hereinafter, shall be referred to as the Funds). Priority of Funds. The SPONSOR agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. To the extent available, the SPONSOR must disburse funds available from program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments. Such payments or reimbursements shall constitute full and complete payment by the COUNTY under this Agreement. In no event shall the COUNTY’s obligation to make payment to SPONSOR hereunder exceed [One Million dollars no/100] ($1,000,000.00). CAO16.D.1.a
Packet Pg. 898 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 7 2081 Corazon De La Comunidad Circle Bldg. 8 Modifications to the Budget and Scope may only be made if approved, by COUNTY, in advance. Budgeted Fund shifts among line items may be approved administratively by CHS for up to 10 percent (10%) of the total funding agreement and shall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall require formal amendment and approval by the Board of County Commissioners (Board). All services/activities specified in Part 1 Scope of Services shall be performed by SPONSOR or its subcontractors who meet State requirements. 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. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.4.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-.80, Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” 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. Withholding or Cancellation of Funds. The COUNTY reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. SPONSOR agrees that funds determined by the COUNTY to be surplus upon completion of the Project will be subject to cancellation by the COUNTY. The COUNTY shall be relieved of any obligation for payments if funds allocated to the COUNTY cease to be available for any cause other than misfeasance of the COUNTY itself. Payment may be suspended by the COUNTY in the event of a default by SPONSOR. 1.7 RIGHT OF FIRST REFUSAL If SPONSOR offers the Property for sale before thirty (30) years after the SPONSOR’s receipt of the Certificate of Occupancy, or at any other time when there are existing mortgages on the Property funded by the SHIP Program, the SPONSOR must give a right of first refusal (ROFR) for a 90-day period, to experienced non-profit organizations, reasonably approved by the COUNTY, for purchase of the Property, at the then current market value, for continued CAO16.D.1.a
Packet Pg. 899 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 8 2081 Corazon De La Comunidad Circle Bldg. 8 occupancy by eligible persons. The 90-day right of first refusal period begins when a legal advertisement appears in a local newspaper of general circulation, or other method authorized by statute or regulation, offering the Property for sale to non-profit organizations. COUNTY approval of any non-profit organization submitting an offer of the full requested sale price, or any other offer considered in the sole determination of the COUNTY to be reasonable, will be based on the criteria listed in the affordable multi-family rental housing development strategy sponsor selection criteria, in the COUNTY’s FY 2022 – 2025 SHIP Local Housing Assistance Plan. 1.8 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: Wendy Klopf, Grants Coordinator Collier County Government Community and Human Services 3339 Tamiami Trail East, Suite 213 Naples, FL 34112 Email to: wendy.klopf@colliercountyfl.gov Telephone: 239-252-2901 SPONSOR ATTENTION: Alan Penick, Treasurer Immokalee Fair Housing Alliance Inc. 600 Sawgrass Ridge Rd Venice, FL 34292 Email to: adpenick@comcast.net Telephone: (941)-735-1231 Remainder of Page Intentionally Left Blank CAO16.D.1.a
Packet Pg. 900 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 9 2081 Corazon De La Comunidad Circle Bldg. 8 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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 SPONSOR’s fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SPONSOR must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SPONSOR’s failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SPONSOR hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Sponsor audits and if applicable, Florida Statutes section 215.97 (Florida Single Audit Act). 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. CAO16.D.1.a
Packet Pg. 901 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 10 2081 Corazon De La Comunidad Circle Bldg. 8 B. The SPONSOR shall maintain real property inventory records which clearly identify SHIP properties purchased, constructed, improved, or sold. Properties retained shall continue to meet eligibility criteria. C. SPONSOR shall create and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. D. 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 services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. 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.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. CAO16.D.1.a
Packet Pg. 902 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 11 2081 Corazon De La Comunidad Circle Bldg. 8 F. 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. G. 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. H. SPONSOR shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes or as otherwise provided by law. SPONSOR shall ensure that exempt or confidential public records that are released from public records disclosure requirements, are not disclosed except as authorized by Chapter 119, Florida Statues. 2.3 MONITORING 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. At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SPONSOR shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. 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. CAO16.D.1.a
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[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 12 2081 Corazon De La Comunidad Circle Bldg. 8 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. 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 CAO16.D.1.a
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[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 13 2081 Corazon De La Comunidad Circle Bldg. 8 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. • 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. Reports showing lack of project activity may result in the withholding of payment or issuance of a Notice of Non-Compliance. During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the COUNTY on the 10th 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. CAO16.D.1.a
Packet Pg. 905 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 14 2081 Corazon De La Comunidad Circle Bldg. 8 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. SPONSOR shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 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 is prohibited from using Funds provided herein, or personnel employed in the administration of the program, for political activities, inherently religious activities, lobbying, political patronage, and/or nepotism activities. 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 CAO16.D.1.a
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[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 15 2081 Corazon De La Comunidad Circle Bldg. 8 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 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 In accordance with section 420.907, Florida Statutes, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, 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: CAO16.D.1.a
Packet Pg. 907 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 16 2081 Corazon De La Comunidad Circle Bldg. 8 A. Require specific performance of the Agreement, in whole or in part B. Require the use of, or change in, professional property management 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 GRANTOR 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” CAO16.D.1.a
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[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 17 2081 Corazon De La Comunidad Circle Bldg. 8 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 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 of Florida 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. CAO16.D.1.a
Packet Pg. 909 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
18
Immokalee Fair Housing Alliance, Inc
SH-RD-23-01
2081 Corazon De La Comunidad Circle Bldg. 8
3.12 GRANT CLOSEOUT PROCEDURES
SPONSOR’s obligation to the COUNTY shall not end until all closeout requirements are
completed. SPONSOR may close out the project with the COUNTY after the thirty (30) year
affordability period has been met. The affordability period shall commence following the full
lease-up of the property acquired and the recording of lien and/or deed restriction documentation,
as applicable. 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 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 CAO16.D.1.a
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[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 19 2081 Corazon De La Comunidad Circle Bldg. 8 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. 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 its Affirmative Action Program, if applicable, for COUNTY 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. CAO16.D.1.a
Packet Pg. 911 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 20 2081 Corazon De La Comunidad Circle Bldg. 8 Any possible conflict of interest on the part of SPONSOR, its employees, or its contractors shall be disclosed in writing to CHS provided, however that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment and participation of low- and moderate-income residents of the project target areas. 3.19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS State Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Florida 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 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. During the term of this Agreement, SPONSOR must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Standard Subrecipient Incident Report Form shall be used to report all such incidents. CAO16.D.1.a
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[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 21 2081 Corazon De La Comunidad Circle Bldg. 8 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. 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 MISCELLANEOUS SPONSOR and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SPONSOR represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SPONSOR. SPONSOR understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY’S or SPONSOR’s responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SPONSOR certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SPONSOR also certifies that the undersigned person has the authority to legally execute and bind SPONSOR to the terms of this Agreement. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. CAO16.D.1.a
Packet Pg. 913 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 22 2081 Corazon De La Comunidad Circle Bldg. 8 Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party’s signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.24 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. 3.25 WAIVER The COUNTY’S failure to act with respect to a breach by SPONSOR does not waive its right to act with respect to subsequent or similar breaches. The COUNTY’S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank CAO16.D.1.a
Packet Pg. 914 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 23 2081 Corazon De La Comunidad Circle Bldg. 8 PART IV GENERAL PROVISIONS 4.1 Sections 420.907-420.9079, Florida Statutes, and Rule 67-37 Florida Administrative Code as amended- All the regulations regarding the SHIP program http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0420/0420.html https://www.flrules.org/gateway/ChapterHome.asp?Chapter=67-37 4.2 Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 – Equal Opportunity in Housing https://www.archives.gov/federal-register/codification/executive-order/11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.3 Executive Order 11246 (“Equal Employment Opportunity”), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.4 In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SPONSOR shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SPONSOR, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.5 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. SPONSOR will, in all solicitations or advertisements for employees placed by or on behalf of SPONSOR, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission (eeoc.gov) 4.6 SPONSOR shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SPONSOR from CHS under this Agreement may be assigned to a bank, trust company, CAO16.D.1.a
Packet Pg. 915 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 24 2081 Corazon De La Comunidad Circle Bldg. 8 or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.7 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.8 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 | Congress.gov | Library of Congress 4.9 Proof of Lawful Presence. SPONSOR acknowledges that the COUNTY’s funds are a “public benefit.” As such, the SPONSOR shall ensure compliance by performing the required verifications. Specifically, when required the SPONSOR shall ensure that: a. if the public benefit provided by the funds flows directly to a natural person (i.e., not a corporation, partnership, or other legally created entity) 18 years of age or older, he/she must do the following: (i) complete an affidavit stating he/she is an alien lawfully present in the United States. (ii) attach a photocopy of the front and back of one of the following forms of identification: a valid Florida driver’s license or Florida identification card; a United States military card or military dependent’s identification card; a United States Coast Guard Merchant Mariner identification card; or a Native American tribal document. b. If an individual applying for the benefits identified herein executes the affidavit stating that he/she is an alien lawfully present in the United States, SPONSOR shall verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the “SAVE Program,” operated by the U.S. Department of Homeland Security or a successor program designated by said department. In the event SPONSOR determines through such verification process that the individual is not an alien lawfully present in the United States, the SPONSOR shall not provide benefits to such individual with the COUNTY’s funds. 4.10 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.11 The Americans with Disabilities Act of 1990: https://www.hug.gov/program_offices/fair_housing_equal_opp Americans with Disabilities Act of 1990, As Amended | ADA.gov CAO16.D.1.a
Packet Pg. 916 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 25 2081 Corazon De La Comunidad Circle Bldg. 8 4.12 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. SPONSOR agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details. 4.13 False Claim; Criminal, or Civil Violation: SPONSOR must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.14 Political Activities Prohibited: None of the Funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.15 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.16 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner’s discretion. 4.17 Venue - Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.18 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SPONSOR with full decision-making authority and by COUNTY’S staff person who would make the presentation of any settlement reached CAO16.D.1.a
Packet Pg. 917 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 26 2081 Corazon De La Comunidad Circle Bldg. 8 during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SPONSOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.19 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.133.html 4.20 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/0448.html For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Non-confirmation" or a "Final Non-confirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. 4.21 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.22 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) CAO16.D.1.a
Packet Pg. 918 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 27 2081 Corazon De La Comunidad Circle Bldg. 8 4.23 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/Sections/0119.071.html ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and SPONSOR for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SPONSOR with respect to this Agreement. Signature Page to Follow CAO16.D.1.a
Packet Pg. 919 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
16.D.1.aPacket Pg. 920Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 29 2081 Corazon De La Comunidad Circle Bldg. 8 EXHIBIT A INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, 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). CAO16.D.1.a
Packet Pg. 921 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 30 2081 Corazon De La Comunidad Circle Bldg. 8 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. CAO16.D.1.a
Packet Pg. 922 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 31 2081 Corazon De La Comunidad Circle Bldg. 8 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 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 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 Sixteen (16) units of which 4 will be Special Needs will be rented to income-eligible tenants as defined by HUD. All units carry rent and occupancy restrictions until June 30, 2056,, 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 (Of which 4 are Special Needs) This Agreement incorporates, by reference, terms and conditions described in the Mortgage and Note of even date and any other agreements enforcing the SHIP requirements associated with said Mortgage and Note. The Project budget is ONE MILLION DOLLARS ($1,000,000.00) and is provided by the COUNTY through the SHIP PROGRAM. Project construction will commence and be completed as defined and set forth in the affordable housing development schedule incorporated by reference. In no event will acquisition be completed later than 120 days from the date of this Agreement; nor will construction commence later than 12 months 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. CAO16.D.1.a
Packet Pg. 923 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 32 2081 Corazon De La Comunidad Circle Bldg. 8 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 must meet the following SHIP mandated, program set-asides: A. At least 100 percent of the total available Funds must be used for Very low Income (VLI) households with less than 50 percent AMI, adjusted for household size, as defined by HUD; B. At least 20 percent of households (4 Units) 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. 5. 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: CAO16.D.1.a
Packet Pg. 924 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 33 2081 Corazon De La Comunidad Circle Bldg. 8 1. 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 failure to begin to offer at least 40 affordable rental housing units to extremely low-income families and individuals, in accordance with the provisions of Part 1 of this Exhibit on or before, May 31, 2023. 3. 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: • Low-income set-aside percentage requirements • SPONSOR fails to respond to requests for monitoring reviews B. SPONSOR fails to document lower-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 CAO16.D.1.a
Packet Pg. 925 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 34 2081 Corazon De La Comunidad Circle Bldg. 8 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. 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. CAO16.D.1.a
Packet Pg. 926 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 35 2081 Corazon De La Comunidad Circle Bldg. 8 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) NA Property(ies) Under Conditional Contract (if applicable) NA Property(ies) Purchase Closing Date (if applicable) NA Design/Permitting NA Construction Commencement NA Certificate of Occupancy Issued for all Newly Constructed Housing Units June 30, 2025 Project Completion Date June 30, 2025 A. Project acquisition will commence and be completed in accordance with the schedule submitted. In no event will acquisition commence later than XXX days from the date of this Agreement, nor will the project be completed later than 12 months from the date of this Agreement. 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 CAO16.D.1.a
Packet Pg. 927 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 36 2081 Corazon De La Comunidad Circle Bldg. 8 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; florescent 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 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 CAO16.D.1.a
Packet Pg. 928 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 37 2081 Corazon De La Comunidad Circle Bldg. 8 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: 2081 Corazon De La Comunidad Circle Bldg 8 Immokalee, FL Project No: SHRD-23-01 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 Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor (Approval required $14,999 and below) Division Director (Approval Required $15,000
and above) CAO16.D.1.a
Packet Pg. 929 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 38 2081 Corazon De La Comunidad Circle Bldg. 8 EXHIBIT D QUARTERLY PROGRESS REPORT Complete form for preceding quarter and submit to Community and Human Services staff by the 10th 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 rehab this period Number of units completed this period Number of units completed to date EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor Address Amount of Contract INCOME DATA Client Income Category Income Amount What events/actions are scheduled for the next month? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Signature: Date: CAO16.D.1.a
Packet Pg. 930 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
[Immokalee Fair Housing Alliance Inc SH-RD-23-01) 39 2081 Corazon De La Comunidad Circle Bldg. 8 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 $ $ 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 CAO16.D.1.a
Packet Pg. 931 Attachment: 2023-SHIP-RENTAL DEVELOPMENT-AGRMT IMMOK FAIR HOUSING-03.26.24-CAO (28148 : SHIP - AGREEMENT IFHA)
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