Backup Documents 04/23/2024 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing fines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Wendy Klopf Community and Human Birk 04/23/2024
Services
/
2. County Attorney Office County Attorney Office oor !iI Ls�2 Y
3. BCC -Office Board of County
Commissioners
4. Minutes & Records Clerk of Court's Office _
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Wendy Klopf/CHS Phone Number 252-2901
Contact/ Department
Agenda Date Item was 04/23/2024 Agenda Item Number 16.D.1
Approved by the BCC
Type of Document SHIP SHRD23-01 Agreement Immokalee Number of Original 1
Attached Fair housing Alliance Documents Attached
PO number or account NA. 0 7 r. ( 'r a e y' '`
number if document is iV/
to be recorded 09
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? WK
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be WK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the WK
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's WK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 04/23/2024 and all changes made during WK
the meeting have been incorporated in the attached document. The County fJ or n opt.Attorney's Office has reviewed the changes,if applicable. his hri
9. Initials of attorney verifying that the attached document is the version approved by the WK /A is
BCC,all changes directed by the BCC have been made,and the document is ready for the e n opt
Chairman's signature. '
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16131
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
ed
THIS AGREEMENT is made and entered into this �3 day of April ,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
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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
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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:
N Affirmative Fair Housing Policy
N Affirmative Action/Equal Opportunity Policy
N Conflict of Interest Policy(COI) and related COI Forms
N Procurement Policy
N Uniform Relocation Act Policy
N Sexual Harassment Policy
N Section 504 Policy/ADA
N Fraud Policy
Language Assistance and Planning Policy (LAP)
N Violence Against Women Act(VAWA)Policy
N Tenant Waitlist Policy
N Tenant Grievance Policy
N Tenant Guidelines(Income)
N Marketing Plan
N Property Maintenance Plan
N 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
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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 $1,000,000.00
Units, including all associated costs
Total State Funds $1,000,000.00
The SPONSOR will accomplish the following checked project tasks:
n 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
n Comply with Davis-Bacon Labor Standards and maintain supporting documentation
n Comply with Section 3 reporting requirements and maintain supporting documentation
Provide weekly certified payroll throughout construction and rehabilitation
n 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 Policies as stated in this Within 60 days of Agreement
(Section 1.3 B) Agreement execution
Insurance Proof of coverage in At time of Certificate of
(Flood, Property, O&D) accordance with Exhibit A Occupancy and annually
within 30 days after renewal
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Program Deliverable Supporting Documentation Submission Schedule
Detailed Project Schedule Project Schedule Within 60 days of Agreement
execution
Project Plans and Plans and Specifications Within 60 days of contractor
Specifications award or within 60 days of
agreement execution
whichever is latter
Progress Report Progress report, detailing 10 days after the end of the
accomplishments Exhibit D calendar quarter September
30,2025, and annually
thereafter
Annual Audit Monitoring Exhibit E Annually,within 60 days after
Report FY end
SPONSOR Audit Audit report,Management Within 9 months for Single
Letter, and Supporting Audit(otherwise 180 days)
Documentation after the end of SPONSOR's
fiscal year,through 2056
Continued Use Certification 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 30 days after the end of
and expense report and all SPONSOR's fiscal year
supporting documentation, as through 2056.
requested
Operating Expense Budget Detailed Operating budget for Initial report due after lease-
Report the next fiscal year up and annually thereafter,
prior to start of SPONSOR's
fiscal year,until 2056.
Capital Needs Assessment Plan approved by the Initial Plan due after lease-up
Plan COUNTY and annually thereafter, prior
to start of SPONSOR fiscal
year, until 2056.
Maintenance Plan Plan approved by the At the time of completion of
COUNTY unit(s),with annual
submission if plan is revised
Register of Tenant Income Summary of Tenant Income At time of full lease-up and
and Rent and Income Limit,Rent and annually thereafter until 2056.
Rent Limit, by unit(Rent
Roll)
Maintenance Agreement Executed 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
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Documentation
Project Component 1: SHIP Exhibit C along with invoice and Monthly, by the 30th of
Rental Development funds are proof of payment as evidenced by the month following
to be used for all related costs cancelled checks or bank the month of service.
to include but not limited to, all statements, and any other
development costs,to include documents as requested
but not limited to Concrete,
Dry Wall, Stucco&Roof with
associated fees, permits, and
construction(labor&materials)
for new residential rental units.
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).
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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
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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: wendv.klopf@colliercountvfl.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
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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.
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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.
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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.
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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
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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.
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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
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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:
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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"
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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.
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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
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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.
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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.
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3.21 ENFORCEMENT OF AGREEMENT b
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.
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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
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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.fl rules.org/gateway/ChapterHome.asp?Chapter=67-3 7
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.j ustice.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.arch ives.gov/federal-register/codification/executive-order/12259.htm 1
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.do l.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 I 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,
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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://vvww.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federa!-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 I
Congress.gov I 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 I ADA.gov
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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://oip.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.Iawserver.com/law/state/florida/statutes/florida statutes chapter_I I 2_part ii i
Collier County-
http://www.colliergov.net/home/showdocument?id=3 513 7
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
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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.fl senate.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=&U
RL=0200-0299/0287/Sections/0287.133.htm
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://vvww.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-
Verify employer agents can email E-Verify at E-VerifyEmployerAgent(aiidhs.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)
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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
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IN WITNESS WHEREOF,the SPONSOR and the COUNTY,have each respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: AS TO THE COUNTY:
CRYSTAL K.KINZIL, CLERK BOARD OF COUNTY COMMISSIONERS OF
O''^: '' t i N. ' PRAWIA)r- .
COLLIER C TY,FLORIDA
' DEPUTY CLERK
..• By:
CH HALL,CHAIRMAN
Dates:_`T :''I =' / /
(SEAL) Date: y/ 2 3/ L ,,/
WITNESSES: AS TO THE SPONSOR:
1/.------ IMMOKALEE FAIR HOUSING ALLIANCE INC.
Witness#1 Signature � d
�J
f1 l vy�
//4i ?,W/05%x/Z. By: (/i ��-
Wit ess#1 Printed Name ALAN PENICK,TREASURER
Date:
`'/ 6/20
Witness#2 Signature
<SJcki" WiNcj-iEsTEp
Witness#2 Printed Name
App• v as to form d] lity:
/I l 2 -^
�jC b ti
Derek D.Perry /V \�
D
Assistant County Attorney /\\ 2
� Z S 2y '1,‘��y., '� \'ice
Date: / J �
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EXHIBIT A
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, do 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).
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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.
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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 0
lower
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.
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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:
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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 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
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
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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.
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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 June 30, 2025
Constructed Housing Units
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
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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. Inspection Completed/Passed
viii. Contactor's Invoice
ix. Promissory Note
x. Mortgage and Land Use Restriction Agreement
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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)
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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:
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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 lmmokalee Fair Housing Alliance Inc.
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Total State Financial Assistance Expended
Expended during most recently during most recently completed Fiscal Year
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
I I ❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan
is included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
[Immokalee Fair Housing Alliance Inc
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