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Agenda 01/14/2025 Item #16D 8 (Two State Housing Partnership Agreement between CLL and Habitat for Humanity and CLL and CCHA)1/14/2025 Item # 16.D.8 ID# 2024-2291 Executive Summary Recommendation to approve and authorize the Chairman to sign two State Housing Initiative Partnership Agreement Amendments between Collier County and (a) Habitat for Humanity Amendment #2 to increase the per unit amount and (b) Collier County Housing Authority Amendment #1 to clarify language and resolve a scrivener error. (SHIP Grant Fund 1053) OBJECTIVE: To support comprehensive affordable housing opportunities through the New Construction and Rental Rehabilitation strategies for very low, low, and moderate-income persons in Collier County. CONSIDERATIONS: The William E. Sadowski Affordable Housing Act provides funding to local communities to promote and advance affordable housing initiatives. Funds are generated through documentary stamp tax on real estate transactions. Under the SHIP Program, Collier County and the City of Naples receive funds from the State of Florida through the Florida Housing Finance Corporation to undertake eligible activities. Fiscal Year 2022-2025 Local Housing Assistance Plan (LHAP), as amended, was adopted by the Board of County Commissioners on April 26, 2022, Resolution No. 2022-68A, Agenda Item #16D3 amended by technical revision November 10, 2022, which was incorporated and authorized by technical revision on July 23, 2024, Item#16D3. 1. Habitat for Humanity Amendment #2 The New Construction agreement between Collier County and Habitat for Humanity (HFH) was approved by the Board of County Commissioners (BCC) on October 10,2023 agenda item #16D3 and the first amendment was approved on April 23, 2024, agenda item #16D2 to increase the award amount. The proposed second amendment will increase the amount of reimbursement per unit to $75,000 to align with the most recently approved LHAP on July 23, 2024 and change the total set aside units at 50 percent AMI to 14 and the Special Needs units to 10. Amendment #2 to the Sponsor agreement includes: 1. Section 1.4 Project Description/Budget A. Project Component 1: Construction of new residential housing units ($50,000 $75,000.00 per unit). 1. Section D Payment Deliverables is hereby revised as follows: 1. 6. Invoices and cancelled checks totaling a minimum of $50,000 $75,000 in construction related expenses for each participating housing unit. 2. Exhibit B 1. h) Payment documents: 7. Invoices and cancelled checks totaling a minimum of $50,000 $75,000 in construction/development related expenses for each housing unit assisted. (i) Program set asides A. A minimum of 12 14 units for households at or below 50 percent (50%) AMI. B. A Minimum of eight 10 units for households identified as Special Needs per SHIP Statutes. 1. Exhibit C 1. 1. Construction/Development expenditures shall not exceed $50,000 $75,000 per unit. 1. Collier County Housing Authority Amendment #1 Page 3664 of 6405 1/14/2025 Item # 16.D.8 ID# 2024-2291 The Rental Rehabilitation agreement between Collier County and Collier County Housing Authority (CCHA) was approved by the Board of County Commissioners (BCC) on June 25, 2024, agenda item #16D10. This first amendment will clarify the agreement language and amend scrivener errors. The Sponsor’s Rental Rehabilitation First Amendment includes: 1. 1.6 Agreement Amount: The county agrees to make available Five Hundred Twenty Five Thousand Dollars 2. Exhibit B 1. The Sponsor covenants that a minimum of seventeen sixteen (16) units will be rented to income- eligible tenants, as defined by HUD. 2. The Project budget is Five Hundred Twenty-Five Thousand Dollars. 3. 4) 1. G. Sponsor has not begun to offer at least seventeen sixteen (16) affordable rental housing units to very low and/or low-income families, in accordance with the provisions of Par t1 of Exhibit B on or before, June 30, 2026. 4. Exhibit C 1. The total SHIP allocation to the sponsor for the Rental Rehabilitation Program shall not exceed Five Hundred Twenty-Five Thousand Twenty Dollars ($525,020.00 $500,000.00. 2. Source of funds chart FY2023-2024 $180,000.00 $154,980 Total Funds $525,020.00 $500,000.00 FISCAL IMPACT: There is no new fiscal impact, the funds for the associated subrecipient agreements are available in SHIP Grant Fund (1053), Project 33807 & 33863. GROWTH MANAGEMENT IMPACT: Acceptance of these agreements will allow the County to expand affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved for form and legality and requires a majority vote for Board approval. -JAK RECOMMENDATIONS: To approve and authorize the Chairman to sign two State Housing Initiative Partnership Agreement Amendments between Collier County and (a) Habitat for Humanity Amendment #2 to increase the per unit amount and (b) Collier County Housing Authority Amendment #1 to clarify language and resolve a scrivener error. (SHIP Grant Fund 1053) PREPARED BY: Wendy Klopf Grants Coordinator I, Community and Human Services Division ATTACHMENTS: 1. Amendment #2 HFH SHCON23-001_CAO-HFH 2. SHIP SHCON23-01 Amendment 04.23.24 Executed 3. SHIP-2023-2024-NEW CONSTRUCTION ASSISTANCE Agreement_Executed 4. Amendment 1 SHRR23-001 CCHA_CAO-CCHA 5. SHRR23-01 CCHA-BCC 06.25.24 Executed Page 3665 of 6405 Page 3666 of 6405 Page 3667 of 6405 Page 3668 of 6405 Page 3669 of 6405 Page 3670 of 6405 Page 3671 of 6405 Page 3672 of 6405 Page 3673 of 6405 Page 3674 of 6405 Grant -SHIP FY 2023-2024 A!!reement#: SHCON-23-001 Activity: SHIP New Construction Assistance SPONSOR: Habitat for Humanity of Collier Countv, Inc. CSFA#: 40.901 Total Award Amount: $2,000,000.00 UEI #: MLUZYT83P4Z9 FEIN: 59-1834379 Period of Performance: ,July 1, 2023 throu!!h June 30, 2026 Fiscal Year End: June 30 1" Monitorh1!! End: Sentember 30, 2026 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. New Construction Assistance Program THIS AGREEMENT is made and entered into this \ Ci \i \ day of (('} \ '\( }}, ( ' 2023, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 Tarniami Trail East, Suite 213, Naples FL 34112, and Habitat for Humanity of Collier County, Inc. (SPONSOR), a not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, FL 34113. 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 Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program (SHIP); and WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertaking cetiain activities to primarily benefit persons or households earning not greater than 120 percent of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2022-2025 Local Housing Assistance Plan (LHAP), as amended, was adopted by the Board of County Commissioners on April 26, 2022, Resolution No. 2022-68A; and WHEREAS, the COUNTY and the SPONSOR desire to provide new construction, m accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] Page 3675 of 6405 WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings, as specified in Exhibit B, and de.termines 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: PARTI SCOPE OF WORK The 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: New Constructions Assistance Description of project and outcome: SHIP New Construction Assistance funds are to be used for the land acquisition, land improvements, infrastructure and development costs, and all other associated fees and permit costs, for residential housing, for resale to eligible home buyers in incorporated or unincorporated Collier County. The units may be constructed on infill lots or as a part of a larger development, and may be any residential housing type (e.g., single family, multi-family, etc.). Project Component One: Construction of new residential housing units. Project Tasks: l. Submit payment requests, as provided in Exhibit "D" 2. Submit quarterly progress reports, as provided in Exhibit "E" 3. Provide Grant and Special Conditions in Section 1.3 4. Provide Performance Deliverables in Section 1.4 C. A. 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, Collier County's Land Development Code, and any amendments thereto (also referred to as the SHIP Program). 1.1 DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program, Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program). B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SPONSOR will implement the Scope of Service summarized in Exhibit B of this Agreement. Hnbitat for Humonity of Collier County, Inc. SMCON-23,001 SHIP New Construction Assistance 2 (23-SOC-01082] Page 3676 of 6405 1.2 SCOPE OF WORK The SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits B and C (New Constrnction Assistance Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, New Construction Assistance, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2023-2024 and SPONSOR's Application dated February 16, 2023. 1.3 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SPONSOR must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of execution of this Agreement: IZJ Affirmative Fair Housing Policy IZ] Affirmative Action/Equal Opportunity Policy IZJ Conflict oflnterest Policy iZ] Procurement Policy D Uniform Relocation Act Policy iZ] Sexual Harassment Policy D Section 3 Policy iZ] Section 504/ADA Policy iZJ Fraud Policy D Language Assistance and Planning Policy (LAP) D Violence Against Women Act (VA WA) Policy 0 LGBTQ Policy C. Annual SPONSOR Training - All SPONSOR staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual Sponsor Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered training relevant to the Project, as determined by the Grant Coordinator, not to exceed two (2) sessions. 1.4 PROJECT DETAILS A. Project Description/Budget Description Project Component I: Construction of new residential housing units ($50,000.00 per unit) Total State Funds Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 3 State Amount $2,000,000.00 $ 2,000,000.00 [23-SOC-01082] Page 3677 of 6405 The SPONSOR will accomplish the following checked project tasks: D Pay all closing costs related to property conveyance IZJ Maintain, and provide to the COUNTY as requested, beneficiary income certification documentation, retained at SPONSOR location IZJ Maintain Eligibility Documentation, retained at SPONSOR location IZJ Provide Quarterly Reports on project progress IZJ Attendance by a representative from executive management at quarterly partnership meetings is required, as requested by CHS D Provide monthly construction progress reports until completion of construction IZJ Identify Lead Project Manager D Provide Site Design and Specifications D Comply with Davis-Bacon Labor Standards D Comply with Section 3 and maintain documentation D Provide certified payroll weekly throughout construction and rehabilitation D Comply with Uniform Relocation Act (URA), if necessary D 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 Special Grant Policies (Section 1.3 B) Insurance (Flood, Prope1ty, O&D) Detailed Project Schedule Project Plans and Specifications Subcontractor Log Progress Report Annual Audit Monitoring Reoort SPONSOR Audit Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance Sunnorting Documentation Policies as stated in this Agreement Proof of coverage in accordance with Exhibit A Project Schedule NA NIA Progress report, detailing accomplishments (Exhibit E) Exhibit F Audit report, Management Letter, and Supporting Documentation 4 Submission Schedule Within 60 days of A11reement execution Within IO days of Agreement execution and annually within 30 days after renewal Within 60 days of A11reement execution NIA NIA Quarterly, on the 10 th of the month, following the end of calendar quarter and continue to final report due with last invoice. Annually, within 60 days after FY end Within 9 months for Single Audit (otherwise 180 days) after FY end. [23-SOC-01082) Page 3678 of 6405 D. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component 1: Exhibit D along with: Monthly, following Construction of new 1. Certificate of occupancy the month of service. residential housing units. 2. Pictures during construction and of finished housing unit 3. Floor Plan or Unit specifications 4. Final Invoice for the unit 5. Fully executed Promissory Note and Mortgage to Collier County 6. Invoices and canceled checks totaling a minimum of $50,000 in construction related expenses for each participating housing unit 1.5 PERIOD OF PERFORMANCE SPONSOR services shall begin on July 1, 2023, and end on June 30, 2026. This project allows for pre-award development/constrnction costs if incurred prior to the commencement of Period of Performance. This Agreement must remain in effect throughout the development process of the Project and is terminated upon completion of construction and sale to a CHS referred applicant. SPONSOR is responsible for ongoing reporting, subject to onsite monitoring, and tenant income qualification activities. In any event, all services required hereunder shall be completed by SPONSOR prior to June 30, 2026. Any funds not obligated by the expiration date of this Agreement shall automatically reve1t to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SPONSOR. 1.6 AGREEMENT AMOUNT The COUNTY agrees to make available TWO MILLION DOLLARS and ZERO CENTS ($2,000,000.00) for use by the SPONSOR, during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). Habitat for Humanity of Collier County, Inc. SHCON-23-00 I SHIP New Construction Assistance 5 [23-SOC-01082] Page 3679 of 6405 Modifications to the "Budget and Scope" may only be made if approved, by COUNTY, in advance. All services/activities specified in Part 1 Scope of Work shall be performed by SPONSOR or its subcontractors that meet State requirements. Contract administration shall be managed by the SPONSOR and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SPONSOR for the performance of this Agreement upon completion of the project deliverables 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. Payments shall be made to SPONSOR only after payment deliverables have been issued for the related housing unit. Payment will not occur if SPONSOR fails to perform the construction required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Perfonnance 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 Section 218.70, Florida Statutes, otherwise known as the "Local Govemment Prompt Payment Act." All services in Scope of Work, as well as in Exhibit B, shall be performed by SPONSOR. Agreement administration shall be conducted by the SPONSOR and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY wi II secure the awarded amount per property with a note and mortgage. The Note will bear interest at O percent interest per year and be released upon sale to a CHS referred applicant. If the SPONSOR fails to comply with the terms and conditions of this Agreement, SHIP funds shall be due and payable back to the COUNTY. 1.7 RIGHT OF FIRST REFUSAL If SPONSOR offers the Property for sale before twenty (20) 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 occupancy by eligible persons. The 90-day right of first refusal period begins when a legal advertisement Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] Page 3680 of 6405 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 2019-2022 SHIP Local Housing Assistance Plan. Either (a) the 90-day right of first refusal period expires and the SPONSOR is not a party to an active contract for purchase and sale of the Property with an eligible non-profit organization, reasonably approved by the COUNTY; or (b) a contract for purchase and sale of the property is entered into by the SPONSOR and an eligible non-profit organization, reasonably approved by the COUNTY, within such 90-day ROFR period but terminated by either party pursuant to the terms thereof subsequent to the 90-day period. The COUNTY shall wire funds to the title company at closing and secure a O percent forgivable mortgage for the acquisition of the Property. The SPONSOR shall provide CHS closing disclosures seven (7) days prior to closing and submit Title Insurance to CHS the same day as closing. No wire transfer will be made until approved by CHS and the Collier County Clerk of Courts for grant compliance and adherence to all applicable local, state, or federal requirements. Wire transfer will be made upon receipt of closing disclosures and in compliance with section 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The amount of wire transfer shall not be more than $300,000.00. The COUNTY reserves the right to deny payment of incomplete or altered closing disclosures, inadequately documented expenses, or expenses for items and services the COUNTY deems not to be usual, customary, and reasonable expenses related to the Project. 1.8 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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 SPONSOR Habi!at for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance ATTENTION: Lisa N. Carr, Grants Coordinator II Collier Countv Government Conununitv and Human Services 3339 Tamiami Trail East, Suite 213 Naples, FL 34112 Email to: lisa.carr/@colliercountvfl.gov Telephone: 239-252-2339 ATTENTION: Rev. Lisa B. Lefkow, CEO Habitat for Humanitv of Collier County, Inc. 11145 Tamiami Trail East Naoles, FL 34113 Email to: llefkow@habitatcollier.org Teleohone: 239-775-0036 -7 (23-SOC-01082( Page 3681 of 6405 PARTII GRANT CONTROL REQUIREMENTS 2.1 AUDITS Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that the 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 Govemor and the Comptroller, and Chapter 10.650, Rules of the Auditor General. The SPONSOR shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package, as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 45 days after receipt by the SPONSOR, but not later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall submit the financial reporting package and Exhibit F to the Grant Coordinator. If the SPONSOR expends less than $750,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the SPONSOR expends less than $750,000 in State awards in its fiscal year and 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 The SPONSOR shall maintain sufficient records in accordance with FHFC program regulations, as provided in Exhibit B, to verify compliance with the requirements of this Agreement, the SHIP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by SHIP regulations. B. SPONSOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. SPONSOR shall make available to the COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and Habitat for Humanity of Collier County, Inc. SHCON-23-00 I SHIP New Construction Assistance 8 [23-SOC-01082] Page 3682 of 6405 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. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, ifrequested. 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 date of submission of the annual performance and evaluation report, as prescribed in Florida Statute Chapter 257.36 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 the 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 Florida Statute Chapter 257.36 The SPONSOR shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SPONSOR's possession upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format compatible with the COUNTY's information technology systems. IF SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michacl.Brownlcc(,vcolliercoun!vllgov, 3299 Tamiami Trail East, Naples FL 34112. E. SPONSOR is responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under Florida Housing Finance Corporation (FHFC) Income Guidelines. Income certification documentation will be validated at interim and closeout monitoring. The SPONSOR agrees that CHS shall be the final arbiter on the SPONSOR's compliance. F. SPONSOR shall document how compliance with the Program components, the applicable regulations included in Exhibit B, and the eligibility requirement(s) under which funding has been received, was accomplished. This includes special requirements such as necessary and appropriate determinations, as defined in Exhibit B, including income certification, and written agreements with beneficiaries, where applicable. G. SPONSOR shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost 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 Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 9 [23-SOC-01082] Page 3683 of 6405 public records disclosure requirements, are not disclosed except as authorized by Florida Statute Chapter 257.36 2.3 MONITORING During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit F) no later than 60 days after SPONSOR's fiscal year end. In addition, SPONSOR shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Sponsors exempt from Single Audit) after the SPONSOR's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SPONSOR agrees that CHS may carry out no less than one (I) 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. The SPONSOR shall, upon request by CHS, submit information and status reports required by CHS or FHFC, to enable CHS to evaluate said progress and allow for completion of required repo1ts. The SPONSOR shall allow CHS or FHFC to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled, as determined by CHS or FHFC. The COUNTY will monitor the 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 2 CFR 200.332 Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If SPONSOR does not take corrective action within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SPONSOR agrees to provide FHFC, the Florida Office of Inspector General, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SPONSOR shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SPONSOR's internal control systems and all transactions and other significant events shall be clearly documented and readily available for monitoring by COUNTY. SPONSOR shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SPONSOR shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SPONSOR may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith. Habitat for Humanity of Collier County, Inc. SHCON-23-00 I SHIP New Construction Assistance 10 [23-SOC-01082] Page 3684 of 6405 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 to make acceptable progress on such corrective action plans. In order 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 Findings or Concerns being issued to the SPONSOR, which will require a corrective action plan to be submitted to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SPONSOR, as needed, in order to correct the noncompliance issue. B. If the SPONSOR fails to submit the corrective action plan in a timely manner, CHS may require a po1iion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SPONSOR may be denied future consideration as set forth in Resolution No. 2013-228 C. If SPONSOR remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of its 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, be returned to the COUNTY. • CHS may require upwards of IO percent of the award amount be returned 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 the SPONSOR continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 11 [23-SOC-01082] Page 3685 of 6405 • CHS will make a recommendation to the Board to immediately terminate the Agreement. The SPONSOR will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SPONSOR will be in violation of Resolution No. 2013-228 If the SPONSOR has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the rep01t submitted in October or when final services are delivered, whichever is earlier, the 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 E, which contains a sample rep01ting form, to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises , and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 12 [23-SOC-01082] Page 3686 of 6405 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The 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. The SPONSOR also agrees to comply with all other applicable state and local laws, regulations, and policies governing the funds provided under this Agreement. The SPONSOR agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available for New Construction. 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. The 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 the SPONSOR is an independent contractor. 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 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 for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SPONSOR. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds and must be implemented in full compliance with all SHIP rules and regulations and any agreement between COUNTY and FHFC goveming FHFC funds pertaining to this Agreement. In the event of curtailment or non-production of said state funds, the financial sources necessary to continue Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 13 (23-SOC-01082] Page 3687 of 6405 to pay the SPONSOR all or any portion of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination 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 the SPONSOR under the terms of this Agreement. 3.6 DEFAULTS, REMEDIES, AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or the SPONSOR, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by the SPONSOR shall constitute a Default under this Agreement: SPONSOR's 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 A. SPONSOR's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner B. SPONSOR's ineffective or improper use of funds provided \lllder this Agreement C. SPONSOR's submission of reports to the COUNTY that are incorrect or incomplete in any material respect D. SPONSOR's submission of any false certification E. SPONSOR's failure to materially comply with any terms of this Agreement F. SPONSOR's 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 the SPONSOR under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part 14 Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance (23-SOC-01082] Page 3688 of 6405 B. Require the use of, or change in, professional property management C. Require SPONSOR to immediately repay to the COUNTY all SHIP funds the SPONSOR has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments, until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to the SPONSOR and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, the 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, the 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 the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SPONSOR shall pay all claims and losses of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. 3.8 COUNTY RECOGNITION/SPONSORSHIPS The SPONSOR agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of Program sponsorships, research reports, and similar public notices, whether printed or digital, SPONSOR has prepared and released 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" Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 15 [23-SOC-01082) Page 3689 of 6405 and shall appear in the same size letters or type as the SPONSOR's name. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. 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 cal'l'ied continuously during SPONSOR's performance under the Agreement. The SPONSOR shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least $ I ,000,000 per occul'l'ence in accordance with Exhibit A. 3.10 PURCHASING All purchasing for consumables, capital equipment, and services shall be made by purchase order or written contract and in conformity and in full compliance with the procedures prescribed by applicable Florida Statutes (FL 287.017) and the Collier County Purchasing Policy, whichever is more stringent. Collier County Ordinance #2017-08 allows for contracting with not-for-profits through the approved exemption. Purchasing Threshold Policv Dollal' Range ($) Com netition Rcouil'ed $0 -$50,000 3 Written Quotes $50,001+ Formal Solicitation <RFP, IFB etc.) All improvements specified in Part I Scope of Work, shall be performed by SPONSOR employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and State requirements. The SPONSOR shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be handled by the 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, 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 Section 287 .133 (3)(a), Florida Statutes. 3.11 DEBARMENT The SPONSOR certifies that none of its officers or agents has been debal'l'ed from bidding, proposing, or contracting for federal, state, or local government programs. The SPONSOR assures that all its subcontractors who will participate in activities, subject to this Agreement, are eligible and have not been debal'l'ed. Habilat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 16 (23-SOC-01082! Page 3690 of 6405 3.12 GRANT CLOSEOUT PROCEDURES The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), closeout monitoring, and determining the custodianship ofrecords. In addition to the records retention outlined in Section 2.2, the SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SPONSOR is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. The 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 be subjected to discrimination based on race, creed, color, religion, national origin, sex, handicap, familial status, marital status, or age under any activity carried out by the SPONSOR in performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. The 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 the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. To the greatest extent feasible, lower-income residents of the project area shall be given opportunities for training and employment. In addition, eligible business concerns located or owned in substantial pati by persons residing in the project area shall be awarded contracts in connection with the project. The SPONSOR is encouraged to comply with Section 3 of the Housing and Community Development Act of 1968. 3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses and minority and women owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (!5 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty- one (5 l) percent owned and controlled by minority group members or women. For the purposes of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 17 (23-SOC-010821 Page 3691 of 6405 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 Statute Section 420.9071-420.9079 and the Collier County Local Housing Assistance Plan (LHAP), I 00 percent of the beneficiaries receiving SHIP funding through this Agreement must meet the requirement to be at or below 120 percent of the Area Median Income (AMI), as published 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 The SPONSOR agrees that it is committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications in keeping with the principles provided in President's Executive Order 11246 of September 24, 1966. The SPONSOR shall submit a plan for its Affirmative Action Program for approval prior to the award of funds. 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 The 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 The 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; and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. The 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. The 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 the 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. Habitat for Humanity of Collier County, Inc. SllCON-23-001 SHIP New Construction Assistance (23-SOC-01082] Page 3692 of 6405 Any possible conflict of interest on the part of the 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 umeasonably 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. The SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion 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 based on religion 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 govemments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct State funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part. Sanctuaries, chapels, or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. 3.20 INCIDENT REPORTING If services to clients are provided under this Agreement, the SPONSOR and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person to the COUNTY. 3.21 ENFORCEMENT OF AGREEMENT The benefits of this Agreement shall inure to and may be enforced by the COUNTY for the duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds issued for the purpose of providing funds for the project are outstanding. The SPONSOR Habitat for Humonity ofCol!ier County, Inc. SHCON-23-001 SHIP New Conslruction Assistance 19 (23-SOC-01082] Page 3693 of 6405 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 to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.23 COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright or patent materials, the 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. Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance Signature Page to Follow 20 [23-SOC-01082[ Page 3694 of 6405 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: CRYSTAL K. KINZEL, CLERK WITNESSES: Witness #1 Signature \ \ \ Witness #1 Printed Name /"; i: ( y /J:\i/,;,-, .. \: Wi'.tss ~2 Sign/re ; /1,i\,.\/i;'.:(•'/\ (, ·,,·/,,/( Witness #2 Printed Name Derek D. Perry ;t,<-:5 Assistant County Attorney~ Habitat for Humanity of Collier County, Inc SHCON-23-001 SHIP New Construction Assistance AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: (/~ ¾ RICK LOCASTRO, CHAIRMAN Date: _.,.(),<....;;;C:...:l'--------'-/-0_1,___,2..=-=o_"2-_J=-- AS TO SPONSOR: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ) / j \ Date :_J.__\__· LI-'-'-;-"-·'-;'-'-'-----'----'------- [Please provide evidence of signing authority] 21 [23-SOC-01082] Page 3695 of 6405 EXHIBIT A INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I. 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 ST AGE (IF APPLICABLE) In addition to the insurance required in I -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 constrnction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than 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. 400 I), 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). Habilat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 22 [23-SOC-01082] Page 3696 of 6405 OPERA TI ON/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 insmed 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 Injmy and Property Damage. I 0. Property Insurance coverage on an "All Risk" basis, in an amount not less than I 00 percent of the replacement cost of the propetty. 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. Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 23 (23-SOC-01082] Page 3697 of 6405 EXHIBIT A-1 HOLD HARMLESS LETTER Please be advised that I/We, Habitat for Humanity of Collier County, Inc., existing under the laws of the State of Florida, having its principal office at l l 145 Tamiami Trail East, Naples, FL 34113 (SPONSOR), under agreement with Collier County Board of County Commissioners for the SHIP New Construction Assistance project, verify that I/We are a self-insured company. I/We understand that we are to construct new housing units, hereafter referred to as "Improvements." I. Indemnification and Hold Harmless a) In General In the performance of the Sponsor Agreement to which this exhibit is Attached, the undersigned hereby agrees to release, indemnify and hold harmless Collier County, as well as their employees, agents and representatives (collectively, the COUNTY), from any and all claims, demands, causes of action or damages of any kind or nature brought by the undersigned or others, including reasonable attorneys' fees, arising out of or in any way associated with, the COUNTY's authorization to allow the Improvements to be constructed, operated, and maintained by SPONSOR. This includes without limitation, all claims, demands, costs or judgments against the COUNTY whether such liability, loss or damage is due or claimed to be, due to the negligence of the undersigned, its contractors, subcontractors, the COUNTY, its employees, agents, or representatives. b) Respecting the Improvements The undersigned hereby agrees to release, indemnify and hold harmless the COUNTY and accepts all risks of loss associated with respect to the Improvements. II. Successors and Assigns The undersigned further agrees, as the entity responsible for ownership and maintenance of the Improvements, that this document may be recorded, and that the representations and obligations herein are binding upon its successors and assigns. Signature Print Name Title Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance Signature Print Name Title 24 (23-SOC-01082I Page 3698 of 6405 STATE OF FLORlDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of __ physical presence or ___ online notarization this __ day of _____ ~ 2023, by Such person(s) Notary Public must check applicable below: (check one) are personally known to me produced current driver license □ □ □ produced __________ as identification (Notary Seal) Notary Public: _______________ _ Printed Name of Notary: ____________ _ Commission Number: _____________ _ My Commission Expires: ____________ _ Habitat for Humanity of Collier County, Jnc. SHCON-23-001 SHIP New Construction Assistance 25 (23-SOC-01082] Page 3699 of 6405 EXHIBITB NEW CONSTRUCTION ASSISTANCE PROJECT REQUIREMENTS The Project is to be developed as affordable residential housing, in accordance with the State Housing Initiatives Program (SHIP), and the Collier County Local Housing Assistance Program (LHAP) FY 2022- 2025. The SPONSOR shall perform the following activity under this Agreement: a) New Construction Assistance: The SPONSOR is required to comply with all applicable requirements of the SHIP Program, including but not limited to Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code, and Collier County Constrnction Standards. 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 Project. The SPONSOR shall include such language as the COUNTY may require in any agreements with potential homeowners of the Project, or any po11ion, thereof to evidence such requirements. b) Default of Mortgage: The SPONSOR shall be considered in default if any of the following occur: I. The SPONSOR fails to construct a safe, sanita1y, and habitable housing unit. 2. The SPONSOR fails to receive Ce11ificate of Occupancy for new housing unit. 3. The SPONSOR fails to sell to SHIP applicant, referred by CHS, within one (I) year of receipt of Ce11ificate of Occupancy. c) Assurance of Public Purpose: The SPONSOR covenants that if it is unable or unwilling to sell the property in accordance with the terms and conditions incorporated herein, the SPONSOR shall give the COUNTY a 90-day notification, during which time the COUNTY shall require SPONSOR to remit payment for an amount not to exceed the amount of funds provided by the COUNTY through the Program. d) Affirmative Marketing: The 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 from all racial, ethnic, and gender groups in the housing market area of the available housing. The SPONSOR shall use affirmative fair housing marketing practices in soliciting homebuyers, concluding transactions, and affirmatively furthering fair housing efforts. The 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 on request by the COUNTY. The SPONSOR must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market of the available housing. The SPONSOR must provide the COUNTY with an assessment of the affirmative marketing program. The assessment must include: a) methods used to inform the public and potential homebuyers 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 participating entity and/or owner to affirmatively market units and records to assess the results of these actions. e) Project Requirements: The SPONSOR agrees that, if the Project area is in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 26 [23-SOC-01082] Page 3700 of 6405 The SPONSOR shall develop and submit to CHS, within 60 days of Agreement execution, a construction schedule including the following: TENTATIVE SCHEDULE ( Adherence is not a condition of oavment) Sites Identified/Site Due Diligence Julv 2020 Pronertvfies) Under Conditional Contract Anril 2023 Construction Commencement June 2023 Certificate of Occupancy Issued for all Newly April, 2026 Constructed Housing Units Project Completion Date June 30, 2026 Eligible project costs may be incurred prior to the SHIP funding cycle fiscal years 2023-2024 program year. This project allows for pre-award development/constrnction cost if incurred prior to the commencement of the Period of Perfonnance. Further, "project completion date" will mean issuance of all certificates of occupancy and completion of sale to referred households. f) Property Standards: The 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 pait 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the design and constrnction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619), in the event property is rehabilitated at any time during affordability period. In accordance with the LHAP, SPONSOR shall follow each SHIP Program strategy requirement below: g) Energy Efficient Best Practices: Section 420.9075(3)(d), Florida Statutes defines Energy Efficient Best Practices as: Innovative design, green building principles, storm resistant constrnction, or other elements that reduce long-term costs relating to maintenance, utilities, or insurance in the event prope1ty is rehabilitated at any time during the affordability period. The COUNTY requires the use or inclusion, when appropriate, of the following: energy star appliances, 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 constrnction subsidy payment. h) Payment Documents: I. Certificate of occupancy 2. Pictures during construction and of finished housing unit 3. Floor plan or unit specifications 4. Final invoice 5. Pay Request Form (Exhibit D) 6. Fully executed SHIP Promissory Note and Mortgage to Collier County Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 27 [23-SOC-01082] Page 3701 of 6405 7. Invoices and cancelled checks totaling a nununum of $50,000.00 in construction/ development related expenses for each housing unit assisted. i) Program Set-Asides: The SPONSOR must meet the following SHIP mandated, program set-aside requirements: A. A minimum of 30 percent of the funds must assist very low-income households at or below 50 percent (50%) area median income. Furthermore, the remaining funds must assist very low and/or low-income households at or below 80 percent (80%) area median income. Although the SHIP statute mentions 30 percent (30%) for very low- income and another 30 percent (30%) for low-income persons, there are many combinations that fulfill the set-aside requirement. In all cases, at least 30 percent (30%) must be designated for very low-income households -A minimum of 12 units for households at or below 50 percent (50%) AMI. B. A minimum of 20 percent (20%) of funding must be used to serve persons with special needs as defined in § 420.0004 Florida Statutes. Section 420.9075(5) of the SHIP Statutes addresses the special needs set-aside. A minimum of eight units for households identified as Special Needs per SHIP Statutes. Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 28 [23-SOC-01082] Page 3702 of 6405 EXHIBITC BUDGET NARRATIVE NEW CONSTRUCTION ASSISTANCE PROGRAM The total SHIP allocation to the SPONSOR for the New Construction Assistance Program shall not exceed TWO MILLION DOLLARS ($2,000,000.00). Sources for these funds are as follows: Fiscal Year New Construction Total Assistance 2023-2024 $2,000,000.00 $2,000,000.00 Total Funds $2,000,000.00 $2,000,000.00 Funds shall be disbursed in the following manner: I. Construction/Development expenditures shall not exceed $50,000.00 per unit. 2. Funds will be disbursed upon submission of proper Pay Request (Exhibit "D" and in accordance with Florida Prompt Payment Act. Habital for Humanity of Collier County, Inc. Sl!CON-23-001 SHIP New Construction Assistance 29 [23-SOC-01082[ Page 3703 of 6405 EXHIBITD COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Habitat for Humanity of Collier County, Inc. SPONSOR Address: 11145 Tamiami Trail East, Naples, FL 34113 Project Name: New Construction Assistance Project No: SHCON-23-001_ Payment Request # __ Total Payment: $ Period of Availability: July I, 2020_ through June 30, 2026 Period for which the Agency 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 ofRetainage, if $ $ annlicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request) (includes Retainage) By signing this report, I certify lo the best of my knowledge and belief that this request for payment is true, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set fo11h in the term and conditions of the State award, I am aware that any false, fictitious, or fraudulent information, or the om.ission of any material fact, may subject me to criminal, civil, or adminish·ative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 3 I, Sections 3729-3730 and 380 l-3812; and/or Title VI, Chapter 68, Sections 68,081- 083, and Title XLVI Chapter 837, Section 837-06). Signatme Title Authorizing Grant Coordinator Supervisor (Approval required $1,499 and below) Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 30 Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) )23-SOC-01082) Page 3704 of 6405 EXHIBITE QUARTERLY PROGRESS REPORT Complete form for preceding quarter and submit to Community and Human Services staff by the 30 th of the following quarterly month. Status Repo11 for the Quarter Ending: _________ Submittal Date: _______ _ Project Name: New Construction Assistance Project Number: SHCON-23-001 SPONSOR: Habitat for Humanity of Collier County, Inc. Contact Person: Telephone: 239-775-0036 Fax: E-mail: PROPERTY UNIT DATA Number of units under construction this period Number of units comoleted this oeriod Number of units comnleted to date EXPENDITURE DATA Amount of funds exnended this neriod Amount of funds exoended to date New Sales Contracts executed this oeriod Name of Client Address Amount of Contract Income Data Client Income CateQOIV Income Amount What events/actions are scheduled for the next month? l~enlttv anv issues that mav cause delav 111 meetmQ scheduled exoend1ture dea~1111e dates. Signature Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance Date ______ _ 31 (23-SOC-01082] Page 3705 of 6405 EXHIBITF ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor sponsors of federal awards to determine if sponsors are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) reauirements. Sponsor I Name First Date of Fiscal Year IMM/DD/YYI Last Date of Fiscal Year IMM/DD/YYI Total Federal Financial Assistance Expended Total State Financial Assistance Expended during durlna most recentlv comoleted Fiscal Year most recentlv comoleted 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 orovided within 30 davs of comoletion. B. We are not subject to the requirements of 0MB 2 CFR Part 200, Subpart F because we: □ Did not exceed the expenditure threshold for the fiscal year indicated above □ O Are a for-profit organization □ Are exempt for other reasons -explain An audited financial statement is attached and if applicable, the independent auditor's manaaement 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, oolicies, etc. imolemented and when it was or will be imolemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Print Name and Title: Habitat for Humanity of Collier County, Inc. SHCON-23-001 SHIP New Construction Assistance 32 I Date: I 06/18 (23-SOC-01082) Page 3706 of 6405 MEMORANDUM Date: December 27, 2023 To: Lisa Carr, Grant Coordinator Community and Human Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Habitat for Humanity-New Construction Assistance Program Attached are two (2) copies of the documents referenced above, (Item #16D3) approved by the Board of County Commissioners on Tuesday, October 10, 2023. If you have any questions, please feel free to contact me at 252-7240. Thank you Attachment Page 3707 of 6405 Page 3708 of 6405 Page 3709 of 6405 Page 3710 of 6405 Page 3711 of 6405 Page 3712 of 6405 Grant- SHIP FY 2022-2023 and FY 2023-2024 Agreement#: SHRR-23-001 Activity: Rental Rehabilitation SPONSOR: Collier County Housing Authority CSFA#: 52.901 FY 23 $345,020.00 FY 24 $154,980.00 Total Award Amount: $500,000.00 UEI #: WHDZXBD56QL FEIN: 59-1490555 Period of Performance: June 11,2024, through June 30,2026 FISCAL YEAR: December 31st MONITORING END: September 30, 2056 AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Housing Authority Rental Rehabilitation Program THIS AGREEMENT is made and entered into this p? rjih day of .r e. 2024, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 E. Tamiami Trail, Suite 211, Naples FL 34112, and Collier County Housing Authority) (SPONSOR) a not-for-profit corporation existing under the laws of the State of Florida, having its principal office 1800 Farm Worker Way, Immokalee, FL 34142. 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 Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and WHEREAS,the COUNTY is a participant in the State Housing Initiatives Partnership Program; and WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertaking certain activities to primarily benefit persons or households earning not greater than 80 percent of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2022-2025 Local Housing Assistance Plan (LHAP), as amended, was adopted by the Board of County Commissioners on April 26, 2022, Resolution No. 2022-68A and amended by technical revision November 10, 2022 and Collier County Housing Authority Digitally SHRR23-001 I signed by CAO SHIP Rental Rehabilitation ProgramC A 0 Date: 2024.06.12 16:34:27 04'00' Page 3713 of 6405 WHEREAS, the COUNTY and the SPONSOR desire to provide Rental Rehabilitation, in accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and WHEREAS, the COUNTY desires to engage the 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 The SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required as a condition of the providing SHIP funds, as determined by Collier County Community and Human Services (CHS), perform the tasks necessary to conduct the program as follows: Project Name: SHIP Rental Rehabilitation-HVAC and Exterior Windows Description of project and outcome: CHS, as an administrator of the SHIP program, will make available FY 2022-2023 and FY 2023-2024 SHIP funds up to the amount of $500,000.00 to Collier County Housing Authority (CCHA) for the rehabilitation of affordable rental housing unites owned by CCHA. Project Component One: Purchase and installation of HVAC systems and Exterior Windows including any related construction, permitting, installation costs and any other associated costs/fees. A. Project Tasks: 1. Initiate Solicitation 2. Select Contractor Bid. (a minimum of three bids are required) 3. Issue Contractor's Notice to Proceed 4. Obtain Liability, Workers Comp and Property Insurance 5. Execute Contractor Agreement 6. Apply for Permits 7. Schedule Inspection for Certificate of Completion 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 Statute 420.9071,and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program). I II Collier County Housing Authority SHRR23-001 2 SHIP Rental Rehabilitation Program Page 3714 of 6405 1.1 DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program, Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program). B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SPONSOR will implement the Scope of Work summarized in Section 1.2 and Exhibit B of this Agreement. 1.2 SCOPE OF WORK The SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits B and C (Rental Rehabilitation Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, Rental Rehabilitation, State housing Initiatives Partnership Funding Cycle Fiscal Years 2022- 2023, and 2023-2024 and SPONSOR's Application dated November 7, 2022, and February 10, 2023. 1.3 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SPONSOR must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy Procurement Policy I Uniform Relocation Act Policy Sexual Harassment Policy Section 504/ADA Fraud Policy Language Assistance and Planning Policy (LAP) Violence Against Women Act (VAWA) Policy Tenant Waitlist Policy Tenant Grievance Policy Tenant Guidelines (Income) Marketing Plan Property Maintenance Plan Capital Needs Assessment Plan Collier County Housing Authority SHRR23-001 3 SHIP Rental Rehabilitation Program Page 3715 of 6405 i I C. Annual SPONSOR Training Sponsors with Prior Agreement(s) with COUNTY: All SPONSOR staff assigned to the administration and implementation of the Project, established by this Agreement, shall attend the CHS-sponsored Annual Fair Housing training. In addition,at least one staff member shall attend all other CHS-offered training relevant to the Project, as determined by the Grant Coordinator, not to exceed two (2) sessions. 1.4 PROJECT DETAILS A. Project Description/Budget Description State Amount Project Component 1: Purchase and installation of HVAC 500,000.00 systems and Exterior Windows including any related construction, permitting, installation costs and all other associated costs/fees. Total State Funds 500,000.00 The SPONSOR may, with prior COUNTY approval, adjust the budget between Project Components, as needed, to respond to the needs of the community. Total expenditures may not exceed the Total State Funds. The SPONSOR will accomplish the following checked project tasks: I I 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 Li Provide Site Design and Specifications Comply with Davis-Bacon Labor Standards n Comply with Section 3 and maintain documentation Provide certified payroll weekly throughout construction and rehabilitation U Comply with Uniform Relocation Act (URA), if necessary n Ensure applicable numbers of units are Section 504/ADA accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components, as detailed in Exhibit B. Collier County Housing Authority SHRR23-00I 4 SHIP Rental Rehabilitation Program Page 3716 of 6405 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 insurance coverage Within 60 days Agreement Flood, Property,O&D)in accordance with Exhibit A execution and annually within 30 days after renewal Detailed Project Schedule Project Schedule Within 60 days of Agreement execution Project Plans and N/A NA Specifications Progress Report Progress report,detailing 10 days after the end of the accomplishments Exhibit E calendar quarter and annually after closeout Annual Audit Monitoring Exhibit F 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 the SPONSOR fiscal year through 2056 Continued Use Certification Continued Use Certification Annually until 2056 Tenant Lease Agreement Lease Within 60 days of signing this agreement and addendums or changes thereafter through the period of affordability. Operating Expense Report Actual vs. Budget, revenue 30 days after the end of the and expense report and all SPONSOR'S fiscal year supporting documentation, as requested Operating Expense Budget Detailed Operating budget for Initial report due after lease- Report the next fiscal year up and annually thereafter, prior to start of SPONSOR 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 Collier County Housing Authority SHRR23-001 5 SHIP Rental Rehabilitation Program Page 3717 of 6405 Program Deliverable Supporting Documentation Submission Schedule affordability period, if applicable, until 2056 D. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component 1: 1. Exhibit D along with invoice Due at the completion Purchase and installation of and SPONSOR's proof payment of the project. HVAC systems and Exterior as evidenced by cancelled checks Windows including any or bank statements, and any other related construction, documents as requested permitting, installation costs 2. Contractor Bid, first and all other associated submission only costs/fees. 3. Fees, design, permits 4.Waiver of Lien Release, Partial and Final 5. Contractor Agreement 6. Permits 7. Certificate of Completion 1.5 PERIOD OF PERFORMANCE SPONSOR services shall begin on June 11, 2024, and end on June 30, 2026. This Agreement must remain in effect throughout the development process of the Project and is terminated upon completion of rental rehabilitation. The 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 shall complete all services required hereunder prior to June 30, 2026. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SPONSOR. 1.6 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED TWENTY-FIVE THOUSAND TWENTY DOLLARS AND ZERO CENTS ($500,000.00) for use by the SPONSOR, during the term of the Agreement (hereinafter referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved by COUNTY. in advance. All services/activities specified in Part I Scope of Work shall be performed by SPONSOR or its subcontractors who meet State requirements. Contract administration shall be managed by Collier County Housing Authority S11RR23-001 6 SHIP Rental Rehabilitation Program Page 3718 of 6405 SPONSOR and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SPONSOR for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS.SPONSOR may not request disbursement of SHIP funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SPONSOR may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during that month,or if the SPONSOR is not yet prepared to send the required backup, a$0 invoice is required. Explanations may be required if two consecutive months of$0 invoices are submitted. Payments shall be made to SPONSOR when requested as work progresses but not more frequently than once per month. Reimbursement will not occur if SPONSOR fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.4.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 §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Wendy Klopf, Grant Coordinator I Collier County Government Community and Human Services 3339 E. Tamiami Trail, Suite 213 Naples, FL 34112 Email to: wendy.klopf@colliercountyfl.gov Telephone: 239-252-2901 Collier County Housing Authority SIIRR23-001 7 SHIP Rental Rehabilitation Program Page 3719 of 6405 SPONSOR ATTENTION: Angela Edison, Interim Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, FL 34142 Email to: Aedison@cchafl.org Telephone: (239)657-3649 Remainder of Page Intentionally Left Blank Collier County Housing Authority SFIRR23-OOI 8 SHIP Rcntal Rehabilitation Program Page 3720 of 6405 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), if the 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 Comptroller, and Chapter 10.650, Rules of the Auditor General. SPONSOR shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package, as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. SPONSOR must deliver the financial reporting package to the COUNTY within 45 days after receipt, but not later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall submit the financial reporting package and Exhibit F to the Grant Coordinator. If the SPONSOR expends less than$750,000 in State awards in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the SPONSOR expends less than $750,000 in State awards in its fiscal year and 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 The SPONSOR shall maintain sufficient records in accordance with FHFC program regulations, as provided in Exhibit B, to determine compliance with the requirements of this Agreement, the SHIP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to,the following: A. All records required by SHIP regulations. B. SPONSOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. SPONSOR shall make available to COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect Collier County Housing Authority' SI-IRR23.001 9 SHIP Rental Rehabilitation Program Page 3721 of 6405 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. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS,if requested. In any event, SPONSOR shall maintain all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for three (3) years after the annual performance and evaluation report are submitted, as prescribed in Florida Statute Chapter 257.36. 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 Florida Statute Chapter 257.36. The SPONSOR shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SPONSOR 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 that is compatible with the COUNTY's information technology systems. IF SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SPONSOR is responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under Florida Housing Finance Corporation (FHFC) Income Guidelines. Income certification documentation will be validated at interim and closeout monitoring. The SPONSOR agrees that CHS shall be the final arbiter on SPONSOR's compliance. F. SPONSOR shall document how compliance with the Program components, applicable regulations included in Exhibit B,and the eligibility requirement(s) under which funding has been received,were accomplished.This also includes special requirements such as necessary and appropriate determinations, as defined in Exhibit B, including income certification, and written agreements with beneficiaries, where applicable. G. SPONSOR shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed 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 Collier County Housing Authority SHRRZ3-001 10 SIlIP Rental Rehabilitation Program Page 3722 of 6405 disclosure requirements, are not disclosed except as authorized by Chapter 119, Florida Statues. 2.3 MONITORING During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit F) no later than 60 days after SPONSOR's fiscal year end. In addition, SPONSOR shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SPONSOR's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SPONSOR agrees that CHS may carry out at least 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. The SPONSOR shall, upon the request of Cl-IS, submit information and status reports required by CHS or FHFC, to enable CHS to evaluate said progress and allow for completion of required reports. The SPONSOR shall allow CHS or FHFC to monitor on site. Such site visits may be scheduled or unscheduled, as determined by CHS or FHFC. The COUNTY will monitor SPONSOR's performance to mitigate fraud, waste, abuse, or non- performance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SPONSOR within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SPONSOR agrees to provide FHFC, the Florida Office of Inspector General, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE, AND ABUSE SPONSOR shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. SPONSOR's internal control systems and all transactions and other significant events shall be clearly documented and readily available for monitoring by the COUNTY. SPONSOR shall provide the 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. Collier County Housing Authority SHRR23-00I I I SHIP Rental Rehabilitation Program Page 3723 of 6405 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 will require SPONSOR to submit a corrective action plan to CMS within 15 days following issuance of the report. Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the SPONSOR, as needed, in order to correct the noncompliance issue. B. If the SPONSOR fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. The SPONSOR may be denied future consideration as set forth in Resolution No. 2013-228 C. If SPONSOR remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of its 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, be returned to the COUNTY. CHS may require upwards of 10 percent of the award amount be returned 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 the SPONSOR continues to be substantially noncompliant,CHS may recommend the Agreement or award be terminated. Collier County Housing Authority SHRR23-OOI 12 SHIP Rental Rehabilitation Program Page 3724 of 6405 CHS will make a recommendation to the Board to immediately terminate the Agreement. The SPONSOR will be required to repay all funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. The SPONSOR will be in violation of Resolution No. 2013-228 If SPONSOR has multiple agreements with CHS and is found to be noncompliant,the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports and the resolution of monitoring findings identified pursuant to this Agreement,as deemed necessary by the County Manager or designee. During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the COUNTY on the 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,the 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 E, which contains a sample reporting form to be used in fulfilling this requirement. Other reporting requirements may be required by the County Manager or designee if there are Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of this Page Intentionally Left Blank Collier County Housing Authority SHRR23-001 13 SI IIP Rental Rehabilitation Program Page 3725 of 6405 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The 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. The SPONSOR also agrees to comply with all other applicable state and local laws, regulations, and policies governing the funds provided under this Agreement. The SPONSOR agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available for Rental Rehabilitation. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The 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 the SPONSOR is an independent contractor. 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, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SPONSOR. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds and must be implemented in full compliance with all SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the event of curtailment or non-production of said state funds,the financial resources necessary to continue Collier County Housing Authority SHRR23-001 14 SHIP Rental Rehabilitation Program Page 3726 of 6405 to pay the 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 the SPONSOR under the terms of this Agreement. 3.6 DEFAULTS, REMEDIES,AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or SPONSOR, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by the SPONSOR shall constitute a Default under this Agreement: A. SPONSOR's 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. SPONSOR's failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper manner C. SPONSOR's ineffective or improper use of funds provided under this Agreement D. SPONSOR's submission of reports to the COUNTY that are incorrect or incomplete in any material respect E. SPONSOR's submission of any false certification F. SPONSOR's 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 the SPONSOR relating to the Project In the event of any default by the SPONSOR under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part Collier County Housing Authority SIIRR23-001 15 SHIP Rental Rehabilitation Program Page 3727 of 6405 B. Require the use of, or change in, professional property management C. Require the SPONSOR to immediately repay to the COUNTY of all SHIP funds the SPONSOR has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments, until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to the SPONSOR of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, the 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, the 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 the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SPONSOR shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County.The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. 3.8 COUNTY RECOGNITION/SPONSORSHIPS The SPONSOR agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digital,prepared and released by the 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" Collier County Housing Authority SI IRR23-001 16 SHIP Rental Rehabilitation Program Page 3728 of 6405 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 regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.9 INSURANCE SPONSOR shall not commence any work 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. The SPONSOR shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least $1,000,000 per occurrence in accordance with Exhibit A. 3.10 PURCHASING All purchasing for consumables,capital equipment,and services shall be made by purchase order or written contract in conformity and in full compliance with the procedures prescribed by applicable Florida Statutes(FL 287.017)and the Collier County Purchasing Policy, whichever is more stringent. Collier County Ordinance #2017-08 allows for contracting with not-for-profits through the approved exemption. Purchasing Threshold Policy Dollar Range ($) Competition Required 0 - $50,000 3 Written Quotes 50,001+ Formal Solicitation (ITB, RFP, etc.) All improvements specified in Part I Scope of Work, shall be performed by SPONSOR employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and State requirements. The 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, 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 Section 287.133 (3)(a), Florida Statutes. 3.11 DEBARMENT The SPONSOR certifies that none of its officers or agents have been debarred from bidding, proposing, or contracting for federal, state, or local government programs. The SPONSOR assures that all its subcontractors who will participate in activities, which are subject to this Agreement, are eligible and have not been debarred. Collier County Housing Authority SHRR23-00I 17 SHIP Rental Rehabilitation Program Page 3729 of 6405 3.12 GRANT CLOSEOUT PROCEDURES The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed.Activities during this closeout period shall include,but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), closeout monitoring, and determining the custodianship of records. In addition to the records retention outlined in Section 2.2, SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SPONSOR is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. The 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 be subjected to discrimination, based on race, creed, color, religion, national origin, sex, handicap, familial status, marital status, or age under any activity carried out by the SPONSOR in performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. The 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. The 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; and 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. The SPONSOR is encouraged to comply with Section 3 of the Housing and Community Development Act of 1968. 3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses and minority and women owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended I5 U.S.C. 632); and"minority and women's business enterprise"means a business at least filty- one (51) percent owned and controlled by minority group members or women. For the purposes of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Collier County Housing Authority SHRR23-001 18 SHIP Rental Rehabilitation Program Page 3730 of 6405 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 Statute Section 420.9071-420.9079 and the Collier County Local Housing Assistance Plan (LHAP), 100 percent of the beneficiaries receiving SHIP funding through this Agreement must meet the requirement to be at or below 120 percent of the Area Median Income AMI), as published 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 by supporting documentation during interim monitoring and at closeout. 3.16 AFFIRMATIVE ACTION PLAN The SPONSOR agrees that it is committed to carry 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. The SPONSOR shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 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 The 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 The SPONSOR covenants that no person under its employ,who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project area or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement. SPONSOR also covenants it will not employ or subcontract any person having any conflict of interest. SPONSOR agrees that it will comply with all provisions of"Conflict of Interest," per Florida Statute 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SPONSOR will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SPONSOR. The COUNTY may review the proposed contract to ensure that the contractor is qualified,and costs are reasonable. Approval of an identity of interest contract will be at the COUNTY's sole discretion. This provision is not intended to limit SPONSOR's ability to self-manage the Project using its own employees. Any possible conflict of interest on the part of the SPONSOR, its employees, or its contractors shall be disclosed in writing to CHS provided, however that this paragraph shall be interpreted Collier County Housing Authority SHRR23-00I 19 SHIP Rental Rehabilitation Program Page 3731 of 6405 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 196.01 1. The SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion 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 based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State,and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct State funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part. Sanctuaries, chapels, or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. 3.20 INCIDENT REPORTING If services to clients are to be provided under this Agreement, SPONSOR and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person to the COUNTY. 3.21 ENFORCEMENT OF AGREEMENT The benefits of this Agreement shall inure to and may be enforced by the COUNTY for the duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the Mortgage; whether or not the Project loan may be paid in full; and whether or not any bonds issued for the purpose of providing funds for the project are outstanding. SPONSOR warrants that it has not, and will not, execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof; and that, in any event, the requirements of this Agreement Collier County Housing Authority SI IRR23-00I 20 SIIIP Rental Rehabilitation Program Page 3732 of 6405 are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. However, this shall not preclude the COUNTY from subordinating its loan to construction financing. 3.22 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.23 COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright or patent materials, the 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. Remainder of this Page Intentionally Left Blank Collier County I lousing Authority SHRR23-001 21 SHIP Rental Rehabilitation Program Page 3733 of 6405 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&U RL=0400- 0499/0420/0420.html https://www.flrules.org/gateway/ChapterHome.asp?Chapter=67-37 4.2 Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 — Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.Iaw.cornell.edu/cfr/text/24/part-107 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.3 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-1 I 246/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, Collier County Housing Authority SHRR23-001 22 SHIP Rental Rehabilitation Program Page 3734 of 6405 or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.7 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/1 1478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.8 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 Congress.gov 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 Collier County Housing Authority SHRR23-001 23 SHIP Rental Rehabilitation Program Page 3735 of 6405 Americans with Disabilities Act of 1990. As Amended I ADA.gov 4.12 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. SPONSOR agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/ahout/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 53 I I. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_1 12_part_i i i Collier County- http://www.col Iiergov.net/home/showdocument?id=35137 4.16 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents.the terms of the Agreement shall take precedence over the terms of all other Contract Documents,except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions. if any.or the Agreement. the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.17 Venue - Any suit of action brought by either party to this Agreement against the other party. relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.18 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to Collier County I lousing Authority Si IRR23-001 24 SI IIP Rental Rehabilitation Program Page 3736 of 6405 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 during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement. the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida. if in state court: and the US District Court. Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SPONSOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO. OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.19 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,the SPONSOR certifies that it. its affiliates,suppliers,subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/i ndex.cfm?App_mode=Display_Statute&Search_String=&U RL-0200-0299/0287/Sections/0287.133.html 4.20 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400- 0499/0448/0448.html For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the SUBRECIPIENT shall participate in, and use. E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Non-confirmation" or a "Final Non-confirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. Questions about E-Verify should be directed to DHS. For more information about E-Verify visit li the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E- Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. 4.21 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.1Lus) Collier County I lousing Authority SHRR23-001 25 SHIP Rental Rehabilitation Program Page 3737 of 6405 4.22 Florida Statutes section 1 19.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.23 Florida Statutes section 1 19.071, Contracts and Public Records http://www.Ieg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&U RL=0100- 0199/01 19/Sections/0 1 19.071.htm I 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 Collier County Housing Authority SI IRR23-001 26 SHIP Rental Rehabilitation Program Page 3738 of 6405 IN WITNESS WHEREOF. the SUBRECIPIENT 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. : NZE1., CLERK BOARD OF COUNTY COMMISSIONERS OF i4tt . .120. - COLLIER C UNTY, FLORIDA 11'Allr Iastoharnans--- •, ..Dep7 erk signature my By. CH . IIALL. CHAIRMAN Dated: Date: 4195AW1/ WITNESSES: AS TO THE SUBRECIPIENT: 4 I/ Y J/l COL R COUNT H USI G A . 'O TY Witne a #1 Signature x AI P MCjrat Y:i'l2. By: Witn&#1 Printed Name ANGELA A WHEELER EDISON INTERIM EXECUTIVE DIRECTOR Lss# ign& Date: 10(111)-4 1 Nctncq Patera Please provide Evidence of Signing Authority] Witness#2 Printed Name Approved as tf f. rm,i t • legal it • t II lE/Co 1 ty • or •y 0, lame Dv Date: U Collier County Housing Authority SHRR23-001 27 SHIP Rental Rehabilitation Program Page 3739 of 6405 EXHIBIT A INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County. c/o Community and Human Services Division. 3339 F. Tamiami Trail, Suite 211, Naples. Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 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 he 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 I — 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). Collier County Housing Authority SHRR23-001 2g SI III'Rental Rehabilitation Program Page 3740 of 6405 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. 1 1. 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. Collier County Housing Authority SIIRR23-001 29 SHIP Rental Rehabilitation Program Page 3741 of 6405 EXHIBIT B RENTAL REHABILITATION PROJECT REQUIREMENTS The Project will rehabilitate existing affordable residential rental housing in accordance with the SHIP Program and Collier County LHAP FY2022-2025. SPONSOR shall perform the following activity under this Agreement: a) Rehabilitate existing rental property. 1) Affordability of SHIP-Assisted Units: For the duration of the Affordability Period (30 years), as defined in the Note and Mortgage/Land Use Restriction Agreement (LURA)of even date, a minimum of 16) units and a maximum of$30,000.00 per unit 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 80 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 SHIP Program rent limits. Maximum eligible income and rent limits are revised annually and are available from the COUNTY. The SPONSOR covenants that a minimum of seventeen (16) units 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 that qualify for the following: SHIP-Assisted Units According to Income Limits Income Limits Number SHIP-Assisted Units 80%or below AMI 16 Total Units (Minimum) 16 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 (FIVE HUNDRED TWENTY-FIVE THOUSAND TWENTY DOLLARS AND ZERO CENTS (S500,000.00) 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 rehabilitation commence later than 120 days from the date of this Agreement. Rehabilitation will progress in accordance with the construction schedule submitted by the SPONSOR to obtain financing. 2) Compliance: The 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 sources of income for the household, as Collier County Housing Authority SHRR23-001 30 SI lIP Rental Rehabilitation Program Page 3742 of 6405 the amount of income to be received during the 12 months following the effective date of the determination. The Annual Gross Income, as defined in Section 420.9071(4), Florida Statutes, must be used to determine eligibility, and the SHIP Program income limits cannot be exceeded.The 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 minimum property standards as stated in Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code, as they may be amended from time to time. 3) Restriction on Use: The SPONSOR is required to comply with all applicable program requirements of the SHIP Program, including but not limited to Section 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. The 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. 4) 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." i I 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 any applicable cure or notice period following a monitoring: F. Lack of SPONSOR compliance with the State statutes or County Codes, which is corrected within thirty(30) days of written notice from the COUNTY. G. SPONSOR has not begun to offer at least seventeen (16) affordable rental housing units to very low and/or low-income families and individuals, in accordance with the provisions of Part 1 of Exhibit B on or before, June 30, 2026. H. SPONSOR abandons, and/or ceases to use the Property as affordable rental housing to tenants, without the prior written approval of the COUNTY. Collier County Housing Authority SIIRR23-00I 31 SHIP Rental Rehabilitation Program Page 3743 of 6405 1 Subject to the rights of USDA Rural Development as First Mortgagee and Florida Housing as Second Mortgagee, the outstanding Loan balance shall become due and payable upon default of this Agreement, the Mortgage, or Note if not cured within any applicable cure or notice period. 5) Assurance of Public Purpose: The 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. 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 Program, for an amount not to exceed the amount of funds provided by the COUNTY through the SHIP Program. 6) 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 from all racial, ethnic and gender groups in the housing market area to the available housing. The SPONSOR shall be required to use affirmative fair housing marketing practices in soliciting renters, determining eligibility, concluding transactions, and affirmatively further fair housing efforts. The 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. The SPONSOR must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market to the available housing. The 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; c) records describing actions taken by the participating entity and/or owner to affirmatively market units; and d) records to assess the results of these actions. 7) 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. The SPONSOR shall comply with the provisions of the Florida Landlord Tenant Act defined in Chapter 83 Part II of the Florida Statutes, SHIP Program, and COUNTY requirements, which prohibit certain lease terms. All tenant leases for 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 comply promptly with all requests for information with respect thereto from the 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; and Copier County Housing Authority SHRR23-OOl 32 SHIP Rental Rehabilitation Program Page 3744 of 6405 B. Agrees not to sublease to any person or family who does not meet income qualifications as determined, verified, and certified by the SPONSOR; and C. States that the rental unit is the primary residence of the tenant; and D. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed upon by the SPONSOR and tenant. 8) Project Requirements: SPONSOR agrees not to undertake any activity that may adversely affect historic or environmental sensitivity of the site, and to mitigate any findings identified in an environmental assessment. The SPONSOR agrees that if the Project is located in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. Within 60 days of Agreement execution, the SPONSOR shall develop and submit to CHS a rehabilitation schedule to include the following: TENTATIVE SCHEDULE(Not a Condition of Payment) Bid Solicitation August 30, 2024 HVAC and Exterior Window bids to be awarded due to type of rehabilitation work to be performed) Initial Plans and Permitting Approvals September 30, 2024 Work Commenced October 15, 2024 Construction Completion May 30, 2026 Project rehabilitation will commence and be completed in accordance with the schedule submitted and in no event will rehabilitation commence later than 120 days from the date of this Agreement, nor will the Project be completed later than 24 months from the execution date of this Agreement. Further, "project completion date" will mean issuance of all certificates of occupancy and completion of initial lease-up. 9) Property Standards: The 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 covered multifamily dwellings, as defined at 24 CFR 100.201, and the design and construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601- 3619). In accordance with the Local Housing Assistance Plan, a sponsor shall follow each SHIP Program strategy requirement below: Energy Efficient Best Practices: Section 420.9075(3)(d), Florida Statutes defines Energy Efficient Best Practices as: Innovative design, green building principles, storm resistant Collier County Housing Authority SHRR23-OO l 33 SIIIP Rental Rehabilitation Program Page 3745 of 6405 construction, or other elements that reduce long term costs relating to maintenance, utilities, or insurance. Collier County requires the use or inclusion, when appropriate, of the following: energy star appliances; 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. 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 of Property, 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. I I I I I I Collier County Housing Authority SHRR23-001 34 SilIP Rental Rehabilitation Program Page 3746 of 6405 EXHIBIT C Budget Narrative Rental Rehabilitation Program The total SHIP allocation to the SPONSOR for the Rental Rehabilitation Program shall not exceed FIVE HUNDRED TWENTY-FIVE THOUSAND TWENTY DOLLARS ($525,020.00). Sources for these funds are as follows: Fiscal Year Rental Development Total 2022-2023 345,020.00 345,020.00 2023-2024 l 80,000.00 154,980.00 Total Funds 525,020.00 500,000.00 Funds shall be disbursed in the following manner for the following uses: 1. Rehabilitation expenditure shall not exceed $500,000.00. 2. SPONSOR shall provide proof of payment equal the expenses. I i Collier County Housing Authority SHRR23-001 35 SHIP Rental Rehabilitation Program Page 3747 of 6405 EXHIBIT D COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Collier County Housing Authority SPONSOR Address: 1800 Farm Worker Way, Immokalee, FL 34142 Project Name: Rental Rehabilitation-HVAC and Exterior Windows Project No: SHRR23-001 Payment Request # Total Payment Minus Retainage $ Period of Availability: June 25, 2024_through June 30, 2026 Period for which the SPONSOR has incurred the indebtedness through SECTION Il: STATUS OF FUNDS Sponsor CI IS 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) 1 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 below$14.999) Division Director(Approval Required above 15,000) Collier County Housing Authority SHRR23-001 36 SHIP Rental Rehabilitation Program Page 3748 of 6405 EXHIBIT E 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: Contact Person: Telephone: Fax:E-mail: 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. Date Signature Collier County Housing Authority SHRR23-001 37 SHIP Rental Rehabilitation Program Page 3749 of 6405 EXHIBIT F ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 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 anyFederalawardprovidedbyCollierCounty. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Total State Financial Assistance ExpendedExpendedduringmostrecentlycompleted Fiscal Year during most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: Did not exceed the expenditure threshold for the fiscal year indicated above Are a for-profit organization 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 isincludedseparatefromthewrittenresponseprovidedwithintheauditreport. While we n 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 Collier County Housing Authority SIIRR23-OOl 38 SHIP Rental Rehabilitation Program Page 3750 of 6405