Backup Documents 08/26/2025 Item #16D 3 16D 3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Wendy Klopf Community and Human 08/26/2025
Services
2. County Attorney County Attorney Office ntD 8/Z6/
Zr-
3. BCC Office Board of County (,
Commissioners 65 /9 ,b/ g/z( Q:SG+amt.,
4. Minutes &Records Clerk of Court's Office /At) a? o
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Wendy Klopf/CHS Phone Number 252-2901
Contact/ Department
Agenda Date Item was 08/26/2025 Agenda Item Number 16D3
Approved by the BCC
Type of Document Agreement Rural Neighborhood Number of Original 1
Attached Documents Attached
PO number or account NA
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? WK
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be WK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the WK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's WK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 08/26/2025 and all changes made WK i:-
during the meeting have been incorporated in the attached document. The County it),
Attorney's Office has reviewed the changes,if applicable. 5 i'
9. Initials of attorney verifying that the attached document is the version approved by the WK
BCC,all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature. "' '-"'4
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16D 3
Grant- SHIP FY 2025-2026
Agreement#: SHOR 25-001
Activity: Owner-Occupied
Rehabilitation (OOR)
SPONSOR: Rural Neighborhoods,
Incorporated
CSFA#: 40.901
Total Award Amount: $290,000.00
UEI#: DWYGVXLUGJMS
FEIN: 65-1238417
Period of Performance: July 1, 2025-
June 30,2028
FISCAL YEAR: December 31
MONITORING END: September 30,
2028
AGREEMENT BETWEEN COLLIER COUNTY
AND
RURAL NEIGHBORHOODS,INCORPORATED
Owner-Occupied Rehabilitation Program (OOR)
THIS AGREEMENT is made and entered into this d'Zpday of Itt LP /
2025, by and between Collier County, a political subdivision of the State of Florida'1COUNTY)
having its principal address as 3339 Tamiami Trail East, Suite 213,Naples,FL 34112, and Rural
Neighborhoods, Incorporated (SPONSOR) a nonprofit corporation existing under the laws of
the State of Florida, having its principal office 19308 SW 380th St Florida City,FL 33034.
WHEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of
Florida in 1992 provided a dedicated revenue source for affordable housing in Florida and created
the State Housing Initiatives Partnership (SHIP)Program; and
WHEREAS,the State Housing Initiative Partnership Program is established in accordance
with Florida Statutes Chapter 420, Section 420.907-9079 F.S. and Chapter 67-37, Florida
Administrative Code; and
WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership
Program (SHIP); and
WHEREAS,pursuant to the State Housing Initiatives Partnership Program,the COUNTY
is undertaking certain activities to primarily benefit persons or households earning not greater than
120 percent (120%) of median annual income adjusted for family size; and
WHEREAS, the Fiscal Year 2025-2028 Local Housing Assistance Plan (LHAP), as
amended, was adopted by the Board of County Commissioners on April 8, 2025, agenda item
16D 10, Resolution No. 2025-73; and
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WHEREAS, the COUNTY and SPONSOR desire to provide Owner-Occupied
Rehabilitation assistance, in accordance with this Agreement and the aforementioned Local
Housing Assistance Plan; and
WHEREAS,the COUNTY desires to engage SPONSOR to implement such undertakings,
as specified in Exhibit B, and determines that they are valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
PART I
SCOPE OF WORK
SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of 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: Owner Occupied Rehabilitation Program-Housing Rehab 2025
Description of project and outcome: Provide Owner-Occupied Rehabilitation (OOR)
services to very-low, low-, and moderate-income households referred to Rural
Neighborhoods Incorporated (SPONSOR) by Collier County staff after screening and
approving the households. SPONSOR will seek contractors to perform the work,enter into
an agreement with the contractor, monitor the work until it's completed, and submit for
reimbursement for the rehabilitation costs.
Project Component One: Administer and implement the SHIP Owner-Occupied
Rehabilitation Program including but not limited to hiring contractors and coordination
with homeowners to facilitate identified home repairs.
Project Component Two: Project Delivery Fee (maximum of 5 percent (5%) per total
project costs)
Project Component Three: Inspection for non-eligible properties (maximum$250.00)
A. Project Tasks:
1. Initiate inspection of home
2. Review Contractor Bid Form/Work Write Up
3. Initiate contractor selection
4. Select Contractor
5. Issue Contractor's Notice to Proceed
6. Obtain General Liability, Worker's Compensation Insurance
7. Execute Tri-Party agreement with the homeowner and contractor
8. Schedule final inspection(s)
9. Obtain Contractor Lien Waiver
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B. SHIP Documentation Requirements Compliance Criteria:
Activities carried out with funds under this Agreement will be performed in compliance
with State Housing Incentives Partnership (SHIP) Program, Florida Statutes Chapter
420,Section 420.9071 F.S.,and Chapter 67-37 of the Florida Administrative Code,and
any amendments thereto (also referred to as the SHIP Program).
1.1 DEFINITIONS AND PURPOSE
A. DEFINITIONS
Terms shall be as defined in the State Housing Incentives Partnership(SHIP)Program,
Florida Statutes Chapter 420, Section 420.9071 F.S., and Chapter 67-37 of the Florida
Administrative Code, and any amendments thereto (also referred to as the SHIP
Program).
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
SPONSOR will implement the Scope of Service summarized in Section 1.2 and Exhibit
B of this Agreement.
1.2 SCOPE OF SERVICE
SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY,
perform the necessary tasks to administer and implement the described services herein
incorporated by reference as Exhibits B and C (Project Narrative and Budget Narrative),
in accordance with the terms and conditions of Requests for Applications, Owner-
Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle
Fiscal Years 2025-2026, and SPONSOR's Application dated February 20, 2025.
1.3 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, SPONSOR must
deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. SPONSOR must submit the following resolutions and policies within sixty (60) days
of execution of this Agreement:
M Fair Housing Policy
® Affirmative Action/Equal Opportunity Policy
Fl Conflict of Interest Policy (COI) and related COI Forms
M Procurement Policy
n Uniform Relocation Act Policy
M Sexual Harassment Policy
n Section 504/ADA Policy
® Fraud, Waste, and Abuse Policy
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n Language Assistance and Planning Policy (LAP)
n Violence Against Women Act(VAWA)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 State Amount
Project Component 1: Administer and implement the SHIP $275,000.00
Owner-Occupied Rehabilitation Program including but not
limited to hiring contractors and coordination with
homeowners to facilitate identified home repairs
Project Component 2: Project Delivery Fee (maximum of $14,500.00
5%per total project costs)
Project Component 3: Inspection for non-eligible $500.00
properties (maximum $250.00)
Total State Funds $290,000.00
SPONSOR will accomplish the following checked project tasks:
n Pay all closing costs related to property conveyance
n Maintain beneficiary income certification documentation, using Exhibit G as
amended, or CHS Director-approved presumed benefit documentation, retained
at SPONSOR location, and provide to the COUNTY as requested
® 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 for each
property until completion of construction or rehabilitation
• Identify Lead Project Manager
n Provide Site Design and Specifications
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.
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C. Performance Deliverables
Program Deliverable Supporting Documentation Submission Schedule
Special Grant Policies Policies as stated in this Within 60 days of
(Section 1.3 B) Agreement Agreement execution
Insurance Proof of coverage in At time of Agreement
(Flood,Property, O&D) accordance with Exhibit A execution and annually
within 30 days after
renewal
Detailed Project Project Schedule Within 60 days of
Schedule Agreement execution
Procurement Documents N/A N/A
(Bid Packet) *
Project Plans and N/A N/A
Specifications
Progress Report Progress report, detailing 10 days after the end of
accomplishments Exhibit E the calendar quarter until
the project is closed out
by CHS.
Annual Audit Exhibit F Annually,within 60 days
Monitoring Report from FY end
SPONSOR Audit Audit report, Management Within 9 months for
Letter, and Supporting Single Audit(otherwise
Documentation 180 days) after the end of
the SPONSOR fiscal year
through 2028
Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of the
Conflict of Interest Disclosure Agreement for all
Form employees who work on
activities associated with
the grant and upon hiring
of all new employees.
Whistleblower Exhibit I Upon execution of the
Protections Affidavit Agreement for all
employees who work on
activities associated with
the grant and upon hiring
of all new employees.
Affidavit Regarding Affidavit Upon execution of the
Labor and Services Agreement
(Trafficking)
* SPONSOR's Notice to Proceed for each project may be withheld if procurement
deliverables are not submitted in a timely manner, as stated in Section 1.4.C,
Performance Deliverables. SPONSOR must submit to the COUNTY for approval, all
Change Orders required during the project. Failure to submit Change Orders in a timely
manner, may result in delay or withholding of payment, as well as a cease work order
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until all change orders have been reviewed and approved, at which time a new Notice
to Proceed will be issued.
D. Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component 1: Exhibit D along with invoice Monthly,by the 10th
Administer and implement and proof of payment as of the month
the SHIP Owner-Occupied evidenced by cancelled checks following the month
Rehabilitation Program or bank statements,and any of service.
including but not limited to other documents as requested
hiring contractors and
coordination with
homeowners to facilitate
identified home repairs.
Project Component 2: Exhibit D along with invoice Monthly,by the 10th
Project Delivery Fee and proof payment as of the month
(maximum of 5%per total evidenced by cancelled checks following the month
project costs). or bank statements,time sheets, of service
and any other documents as
requested
Project Component 3: Exhibit D along with invoice Monthly,by the 10th
Inspection for non-eligible and proof payment as of the month
properties (maximum evidenced by cancelled checks following the month
$250.00) or bank statements,and any of service
other documents as requested
1.5 PERIOD OF PERFORMANCE
SPONSOR services shall begin on July 1,2025,and end on June 30,2028.This Agreement
must remain in effect throughout the development process of the Project and is terminated
upon completion of all rehabilitation projects. In any event, SPONSOR shall complete all
services required hereunder prior to June 30, 2028. Any Funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY.
The County Manager or designee may extend the term of this Agreement for a period of
up to 180 days after the end of the Agreement, following receipt of SPONSOR's written
request submitted no less than 20 days prior to period of performance end date. Extensions
must be authorized, in writing, by formal letter to SPONSOR.
The COUNTY will place an Agreement of Restrictive Covenants detailing affordability
requirements (Restrictive Covenants) on all properties that receive SHIP funding from the
COUNTY, which Restrictive Covenants will be used to enforce the affordability
requirements of the Project.
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1.6 AGREEMENT AMOUNT
The COUNTY agrees to make available TWO HUNDRED NINETY THOUSAND
DOLLARS and ZERO CENTS($290,000.00)for use by the SPONSOR,during the term
of the Agreement(hereinafter, shall be referred to as the Funds).
Priority of Funds. The SPONSOR agrees to utilize funds available under this Agreement
to supplement rather than supplant funds otherwise available. To the extent available,
SPONSOR must disburse funds available from program income,rebates,refunds,contract
settlements,audit recoveries,and interest earned on such funds before requesting additional
cash payments. Such payments or reimbursements shall constitute full and complete
payment by the COUNTY under this Agreement. In no event shall the COUNTY's
obligation to make payment to SPONSOR hereunder exceed TWO HUNDRED NINETY
THOUSAND DOLLARS AND ZERO CENTS ($290,000.00).
Modification to the Budget and Scope may only be made if approved in advance.
Cumulative Fund shifts among line items may be approved administratively by the CHS
Director or designee for a total of up to 10 percent (10%) of the total funding agreement
and shall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall
require formal amendment and approval by the Board of County Commissioners (Board).
All services/activities specified in Part 1 Scope of Services shall be performed by
SPONSOR or its subcontractors who meet State requirements.
The COUNTY shall reimburse SPONSOR for the performance of this Agreement upon
completion or partial completion of 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 the month, or if 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.
No payment will be made until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission
of Performance Deliverables contained in Section 1.4.C. Late submission of deliverables
may cause payment suspension of any open pay requests until the required deliverables are
received by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice, and in compliance with sections 218.70-218.80,
Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Final invoices are due no later than 90 days after the end of the Agreement. Work
performed during the term of the program but not invoiced within 90 days after the end of
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the Agreement may not be processed without written authorization from the Grant
Coordinator.
Withholding or Cancellation of Funds. The COUNTY reserves the right to withhold
payments pending timely delivery of program reports or documents as may be required
under this Agreement. SPONSOR agrees that funds determined by the COUNTY to be
surplus upon completion of the Project will be subject to cancellation by the COUNTY.
The COUNTY shall be relieved of any obligation for payments if funds allocated to the
COUNTY cease to be available for any cause other than misfeasance of the COUNTY
itself.Payment may be suspended by the COUNTY in the event of a default by SPONSOR.
1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery
or sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified
by subsequent written notice.
COLLIER COUNTY ATTENTION: Wendy Klopf, Grants Coordinator
Collier County Government
Community and Human Services
3339 Tamiami Trail East, Suite 213
Naples, FL 34112
Email to: wendy.klopf(a,colliercountyfl.gov
Telephone: 239-252-2901
SPONSOR ATTENTION: Steven Kirk, President
Rural Neighborhoods, Incorporated
19308 SW 380th Street
Florida City, FL 33034
Email to: stevekirk@ruralneighborhoods.org
Telephone: 305-242-2142
Remainder of Page Intentionally Left Blank
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PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual
Audit Monitoring report (Exhibit 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 must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SPONSOR's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future
payments. SPONSOR hereby agrees to obtain an annual agency audit conducted in
accordance with current COUNTY policy concerning Sponsor audits and if applicable,
Florida Statutes section 215.97 (Florida Single Audit Act).
Pursuant to Florida Statute section 215.97(6) (Florida Single Audit Act), if SPONSOR
expends a total amount of State awards equal to or in excess of$750,000 in any fiscal year,
it must conduct a State single or project-specific audit for such fiscal year, in accordance
with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the
Governor and the Comptroller; and Chapter 10.650, Rules of the Auditor General.
SPONSOR shall ensure that the audit complies with the requirements of section 215.97(7),
Florida Statutes. This includes submission of a reporting package, as defined by section
215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The
financial reporting package must be delivered to the COUNTY within 60 days after receipt
by SPONSOR, but not later than 180 days after SPONSOR's fiscal year end. SPONSOR
shall submit the financial reporting package and Exhibit F to the Grant Coordinator.
If SPONSOR expends less than$750,000 in State awards in its fiscal year,it is not required
to conduct an audit in accordance with the provisions of Section 215.97, Florida Statutes.
However, if SPONSOR expends less than $750,000 in State awards in its fiscal year and
still elects to have an audit conducted in accordance with provisions of Section 215.97,
Florida Statutes, the cost of the audit must be paid from non-State funds.
2.2 RECORDS AND DOCUMENTATION
SPONSOR shall maintain sufficient records in accordance with the Florida Housing
Finance Corporation (FHFC) program regulations, as provided in Exhibit B, to verify
compliance with the requirements of this Agreement, the SHIP Program, and all other
applicable laws and regulations. This documentation shall include,but is not limited to,the
following:
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A. All records required by SHIP regulations.
B. SPONSOR shall 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 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 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, 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 five (5)
years after the date of submission of the annual performance and evaluation report, as
prescribed in 2 CFR 200.334 However,if any litigation,claim,or audit is started before
the expiration date of the five (5) year period, the records will be maintained until all
litigation, claim, or audit findings involving these records are resolved. If SPONSOR
ceases to exist after the closeout of this Agreement, it will notify the COUNTY in
writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337
SPONSOR shall meet all requirements for retaining public records and transfer, at no
cost to COUNTY, all public records in SPONSOR's possession upon termination of
the Agreement, and destroy any duplicate, exempt, or confidential public records that
are released from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format compatible with the
COUNTY's information technology systems.
IF SPONSOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-5837,
Angel.Bates@colliercountyfl.gov,3299 Tamiami Trail East,Naples,FL
34112.
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E. SPONSOR is responsible for the creation and maintenance of income eligible files on
clients served, and documentation that all households are eligible under FHFC Income
Guidelines. Income certification documentation will be validated at interim and
closeout monitorings. SPONSOR agrees that CHS shall be the final arbiter on
SPONSOR's compliance.
F. SPONSOR shall document how it complied with the Program components, applicable
regulations included in Exhibit B, and eligibility requirement(s) under which Funding
was received. This includes special requirements such as necessary and appropriate
determinations, as defined in Exhibit B, including income certification, and written
agreements with beneficiaries, where applicable.
G. SPONSOR shall take reasonable cybersecurity and other measures to safeguard
information including protected personally identifiable information (PII) and other
types of information in accordance with 2 CFR 200.303(e). This includes information
that HUD or the COUNTY designates as sensitive, or other information the COUNTY
considers sensitive and is consistent with applicable Federal, State, and Local laws
regarding privacy and responsibility over confidentiality.
H. SPONSOR shall allow public access to all documents, papers, letters, or other public
records as defined in § 119.011(12), F.S., made or received by SPONSOR in
conjunction with this Agreement except that public records that are made confidential
by law must be protected from disclosure. Should the SPONSOR fail to comply with
this provision the COUNTY may unilaterally terminate this Agreement.
As required by § 119-0701, F.S.,to the extent the SPONSOR is acting on behalf of the
COUNTY, the SPONSOR shall:
• Maintain public records that ordinarily and necessarily would be required by
the COUNTY to perform the service.
• Upon request from the COUNTY'S custodian of public records,provide to the
COUNTY a copy of requested records or allow the records inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
• Ensure public records exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law during
this Agreement term and following completion of this Agreement if the
SPONSOR does not transfer the records to the COUNTY.
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2.3 MONITORING
SPONSOR agrees that CHS may carry out no fewer than one(1)annual on-site monitoring
visit and evaluation, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of
this Agreement is dependent upon satisfactory evaluations. SPONSOR shall, upon the
request of CHS,submit information and status reports required by CHS or FHFC,to enable
CHS to evaluate said progress and allow for completion of required reports. SPONSOR
shall allow CHS or FHFC to monitor the SPONSOR on site. Such site visits may be
scheduled or unscheduled, as determined by CHS or FHFC.
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, SPONSOR shall make available for review,
inspection, or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
The COUNTY will monitor SPONSOR's performance to mitigate fraud, waste, abuse, or
nonperformance based on goals and performance standards, as stated with all other
applicable laws, regulations, and policies governing the Funds provided under this
Agreement, further defined by Florida Statute 215.85. Substandard Performance as
determined by the COUNTY, will constitute noncompliance with this Agreement. If
SPONSOR does not take corrective action within a reasonable time period after being
notified by the COUNTY, Agreement suspension or termination procedures will be
initiated. SPONSOR agrees to provide FHFC, the Florida Office of Inspector General, the
COUNTY or the COUNTY's internal auditor(s) access to all records related to
performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SPONSOR shall establish, maintain, and utilize internal control systems and procedures
sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the
performance of this Agreement, and provide for 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.
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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 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 CHS issuing Findings or Concerns to SPONSOR,
which requires SPONSOR to submit a corrective action plan to CHS within 10 business
days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA)to the SPONSOR,
as needed, in order to correct the noncompliance issue.
B. If SPONSOR fails to submit the corrective action plan in a timely manner, CHS may
require a portion of the awarded grant amount to be returned to the COUNTY.
• CHS may require SPONSOR to return upwards of 5 percent(5%) of the award
amount to the COUNTY, at the discretion of the Board.
• The SPONSOR may be denied future consideration as set forth in Resolution
No. 2013-228.
C. If SPONSOR remains noncompliant or repeats an issue that was previously corrected
and has been informed by CHS of their substantial noncompliance by certified mail,
CHS may require a portion of the awarded grant amount or the amount of the
investment for acquisition of the properties conveyed, to be returned to the COUNTY.
• CHS may require SPONSOR to return upwards of 10 percent (10%) of the
award amount to the COUNTY, at the discretion of the Board.
• The SPONSOR will be in violation of Resolution No. 2013-228.
D. If after repeated notification SPONSOR continues to be substantially noncompliant,
CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SPONSOR will be required to repay all Funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
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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 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.
Reports showing lack of project activity may result in the withholding of payment or
issuance of a Notice of Non-Compliance.
During the term of this Agreement, SPONSOR shall submit quarterly progress reports to
the COUNTY on the 10th day of January, April, July, and October, respectively, for the
prior quarter period end. As part of the report submitted in October or when final services
are delivered, whichever is earlier, SPONSOR 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 the reporting 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 if legislative amendments are enacted. Reports and/or
requested documentation not received by the due date shall be considered delinquent and
may be cause for default and termination of this Agreement.
Remainder of Page Intentionally Left Blank
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion
and judgment. SPONSOR shall cause all provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of this
Agreement.
3.2 GENERAL COMPLIANCE
SPONSOR agrees to comply with the requirements as outlined in Florida Statutes Chapter
420, Sections 420.907-420.9079 F.S. and Chapter 67-37 of the Florida Administrative
Code. SPONSOR also agrees to comply with all other applicable State and Local laws,
regulations, and policies governing the Funds provided under this Agreement.
SPONSOR is prohibited from using Funds provided herein, or personnel employed in the
administration of the program, for political activities, inherently religious activities,
lobbying, political patronage, and/or nepotism activities.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
SPONSOR shall always remain an "independent contractor"with respect to the services to
be performed under this Agreement. The COUNTY shall be exempt from payment of all
Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance,
and Workers' Compensation Insurance as SPONSOR is independent of the COUNTY.
3.4 AMENDMENTS
The COUNTY or SPONSOR may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, 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.
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3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds
and must be implemented in full compliance with all SHIP rules and regulations and any
agreement between COUNTY and FHFC governing FHFC Funds pertaining to this
Agreement. In the event of curtailment or non-production of said State Funds,the financial
resources necessary to continue to pay SPONSOR all or any portion of the Funds will not
be available. In that event, the 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, SPONSOR agrees that it will not look to, nor seek to hold the COUNTY, nor
any individual member of the County Commissioners and/or County Administration,
personally liable for the performance of this Agreement; and the COUNTY shall be
released from any further liability to SPONSOR under the terms of this Agreement.
3.6 DEFAULTS,REMEDIES, AND TERMINATION
This Agreement may be terminated for convenience by either the COUNTY or SPONSOR,
in whole or in part,by setting forth the reasons for such termination,the effective date,and
in the case of partial terminations, the portion to be terminated. However, in the case of a
partial termination, if the COUNTY determines that the remaining portion of the award
will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This Agreement may also be terminated by the
COUNTY if the award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SPONSOR shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules,regulations,or provisions referred to herein,
or such statutes, regulations, executive orders, and FHFC guidelines, policies, or
directives as may become applicable at any time
B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely
and proper manner
C. Ineffective or improper use of Funds provided under this Agreement
D. Submission of reports to the COUNTY that are incorrect or incomplete in any
material respect
E. Submission of any false certification
F. Failure to materially comply with any terms of this Agreement
G. Failure to materially comply with the terms of any other agreement between the
COUNTY and SPONSOR relating to the Project
In the event of any default by SPONSOR under this Agreement, the COUNTY may seek
any combination of one or more of the following remedies,in compliance with 2 CFR 200,
Appendix II (B):
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A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in,professional property management
C. Require SPONSOR to immediately repay to the COUNTY all SHIP funds 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 SPONSOR specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY
as provided herein, SPONSOR shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
3.7 INDEMNIFICATION
To the maximum extent permitted by Florida law, SPONSOR shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims,
liabilities, damages, losses, costs, and causes of action which may arise out of an act or
omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
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.
SPONSOR shall pay all claims and losses of any nature whatsoever in connection
therewith, defend all suits in the name of the COUNTY, and pay all costs (including
attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and/or expiration of this Agreement. This section does not pertain
to any incident arising from the sole negligence of Collier County. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in section 768.28, Florida Statutes. This section shall survive the expiration or
termination of this Agreement.
3.8 COUNTY RECOGNITION/SPONSORSHIPS
SPONSOR agrees that all notices,informational pamphlets,press releases,advertisements,
descriptions of Program sponsorships,research reports,and similar public notices,whether
printed or digital, prepared and released by SPONSOR for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED BY FLORIDA HOUSING FINANCING
COPORATION (FHFC) AND COLLIER COUNTY COMMUNITY
AND HUMAN SERVICES DIVISION."
The statement shall appear in the same size letters or type as the name of SPONSOR. This
design concept is intended to disseminate key information to the general public regarding
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the development team as well as Equal Housing Opportunity. Construction signs shall
comply with applicable COUNTY codes.
3.9 INSURANCE
SPONSOR shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A,has been obtained. Said insurance shall be
carried continuously during SPONSOR's performance under the Agreement. SPONSOR
shall furnish a Certificate of Insurance naming Collier County as an additional insured with
general liability limits of at least$1,000,000 per occurrence in accordance with Exhibit A.
3.10 PURCHASING
All purchases for consumables, capital equipment, and services shall be made by purchase
order or written contract and in conformity and full compliance with the procedures
prescribed by applicable Florida Statutes (for example, section 287.017) and the Collier
County Purchasing Policy, whichever is more stringent. Collier County Ordinance No.
2017-08 allows for contracting with not-for-profits through the approved exemption.
Purchasing Threshold Policy
Dollar Range($) Competition Required
$0 - $3,000 1 Quote
$3,001 - $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 be put out to competitive bidding, under a procedure acceptable to the
COUNTY and State of Florida requirements. SPONSOR shall enter into contracts with the
lowest, responsible, and qualified bidder. Contract administration shall be managed by
SPONSOR and monitored by CHS, which shall have access to all records and documents
related to the Project.
Recycled Products.The SPONSOR shall procure any recycled products or materials,which
are subject of or are required to carry out this Agreement, in accordance with §403.7065,
F.S.
As provided in section 287.133, Florida Statutes, by entering into this Agreement or
performing any work in furtherance hereof, SPONSOR certifies that it, its affiliates,
suppliers, subcontractors, and consultants who will perform hereunder, have not been
placed on the convicted vendor list, maintained by the State of Florida Department of
Management Services, within the 36 months immediately preceding the date hereof. This
notice is required by section 287.133(3)(a), Florida Statutes.
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3.11 DEBARMENT
SPONSOR certifies that none of its officers or agents has been debarred from bidding,
proposing, or contracting for Federal, State, or Local government programs. SPONSOR
assures that all its subcontractors who will participate in activities, and are subject to this
Agreement, are eligible and have not been debarred.
3.12 GRANT CLOSEOUT PROCEDURES
SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are
completed. SPONSOR may close out the project with the COUNTY after receipt of their
close out letter from CHS Grants Compliance Unit. 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
(Records and Documentation), SPONSOR shall comply with section 119.021, Florida
Statutes, regarding records maintenance, preservation, and retention. A conflict between
State and Federal records retention requirements will result in the more stringent law being
applied, such that the record must be held for the longer duration. SPONSOR must also
return to the COUNTY any balance of unobligated Funds that have been advanced or paid
to SPONSOR. It must also return to the COUNTY any funds paid exceeding the amount
the SPONSOR is entitled under the terms and conditions of this Agreement. SPONSOR
shall also produce records and information that comply with section 215.97, Florida
Statutes, the Florida Single Audit Act.
3.13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SPONSOR agrees that no person shall be excluded from the benefits of, or 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 SPONSOR in performance
of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall
have the right to terminate this Agreement. SPONSOR will take affirmative action to
ensure that all employment practices are free from such discrimination. Such employment
practices include but are not limited to hiring, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination,rate of pay or other forms of compensation,
and selection for training, including apprenticeship. SPONSOR agrees to post notices
setting forth the provisions of this nondiscrimination clause in conspicuous places available
to employees and applicants for employment.
To the greatest extent feasible, lower-income residents of the project area shall be given
opportunities for training and employment; and eligible business concerns located or
owned in substantial part by persons residing in the project area shall be awarded contracts
in connection with the project. SPONSOR is encouraged to comply with Section 3 of the
Housing and Community Development Act of 1968.
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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 (15 U.S.C. 632); and "minority and women's business enterprise" means a
business that is at least 51 percent(51%)owned and controlled by minority group members
or women. For the purposes of this definition, "minority group members" are Black
Americans,Hispanic Americans,Asian/Pacific Americans,Native Americans,and Hasidic
Jews. 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 Chapter 420, Sections 420.9071-420.9079 and the Collier
County Local Housing Assistance Plan (LHAP), 100 percent (100%) of the beneficiaries
receiving SHIP funding through this Agreement must meet the requirement to be at or
below 120 percent (120%) of the Area Median Income (AMI), as established by HUD.
Additionally, the SHIP program requires SPONSOR to meet specific income set-asides,
which are described in Exhibit B. Income eligibility of tenants will be validated with
supporting documentation during interim monitoring and at closeout.
3.16 AFFIRMATIVE ACTION PLAN
SPONSOR agrees that it is committed to carrying out an Affirmative Action Program,
pursuant to the COUNTY's specifications in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. Prior to award of Funds,
SPONSOR shall submit to the COUNTY a plan for an Affirmative Action Program for
approval. If the Affirmative Action Program is updated during the period of performance
of this Agreement, SPONSOR must submit the updated plan to the COUNTY within 60
days of any update/modification.
3.17 PROHIBITED ACTIVITY
SPONSOR, or personnel employed in the administration of the program, are prohibited
from using Funds provided herein, for political activities, sectarian or religious activities,
lobbying,political patronage, and/or nepotism activities.
3.18 CONFLICT OF INTEREST
SPONSOR covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial
interest, direct or indirect, in the Project area or any parcels therein, which would conflict
in any manner or degree with the performance of this Agreement. In addition, SPONSOR
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will not employ or subcontract any person having any conflict of interest. SPONSOR
covenants that it will comply with all provisions of "Conflict of Interest," per Florida
Statutes section 287.057 and any additional State and County statutes, regulations,
ordinances, or resolutions governing conflicts of interest. All SPONSOR employees who
work on activities associated with this Agreement shall complete the
Subrecipient/Developer/Vendor Conflict of Interest Disclosure Form prior to execution of
this Agreement. Any employees hired later during the period of performance for this
Agreement who will work on activities associated with this Agreement shall also complete
and submit to the COUNTY the Conflict of Interest Disclosure Form.
SPONSOR will notify the COUNTY in writing and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or
an entity owned or controlled, in whole or in part, by the SPONSOR. The COUNTY may
review the proposed contract to ensure that the contractor is qualified, and costs are
reasonable. Approval of an identity of interest contract will be at the COUNTY's sole
discretion. This provision is not intended to limit SPONSOR's ability to self-manage the
Project using its own employees.
Any possible conflict of interest on the part of SPONSOR,its employees, or its contractors
shall be disclosed, in writing, to CHS provided however that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement
that maximum opportunity be provided for employment and participation of low- and
moderate-income residents of the project target areas.
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 Statutes, Chapter
196.011. SPONSOR shall comply with First Amendment Church/State principles as
follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not
limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of
its religious beliefs, provided it does not use direct State Funds to support any
inherently religious activities, such as worship, religious instruction, or proselytizing.
D. The Funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
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Where a structure is used for both eligible and inherently religious activities, SHIP
Funds may not exceed the cost of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to SHIP Funds in this part. Sanctuaries,chapels,or
other rooms that a SHIP funded religious congregation uses as its principal place of
worship, however, are ineligible for SHIP funded improvements.
3.20 INCIDENT REPORTING
If SPONSOR provides services to clients under this Agreement, SPONSOR and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,
neglect, or exploitation of a child, aged person, or disabled person.
During the term of this Agreement, SPONSOR must report to the COUNTY in writing,
within one business day of occurrence, any substantial, controversial, or newsworthy
incidents. The Collier County Incident Report Form (Exhibit H) shall be used to report all
such incidents.
3.21 ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to and may be enforced by the COUNTY for
the duration of the Agreement,whether or not the COUNTY shall continue to be the holder
of the Mortgage, whether or not the Project loan may be paid in full, and whether or not
any bonds issued for the purpose of providing Funds for the project are outstanding.
SPONSOR warrants that it has not, and will not, execute any other agreement with
provisions contradictory to, or in opposition to, the provisions hereof, and that, in any
event, the requirements of this Agreement are paramount and controlling as to the rights
and obligations herein set forth and supersede any other requirements in conflict herewith.
However,this shall not preclude the COUNTY from subordinating its loan to construction
financing.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part
thereof.
3.23 MISCELLANEOUS
SPONSOR and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SPONSOR represents and warrants that the financial data, reports, and other information
it furnished to the COUNTY regarding the Project are accurate and complete,and financial
disclosures fairly represent the financial position of SPONSOR.
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SPONSOR understands that client information collected under this Agreement is private
and the use or disclosure of such information, when not directly connected with the
administration of the COUNTY'S or SPONSOR's responsibilities with respect to services
provided under this Agreement, is prohibited unless written consent is obtained from such
person receiving service and, in case of a minor, that of a responsible parent/guardian.
SPONSOR certifies that it has the legal authority to receive the Funds under this
Agreement and its governing body has authorized the execution and acceptance of this
Agreement. SPONSOR also certifies that the undersigned person has the authority to
legally execute and bind SPONSOR to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of
the State of Florida, without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance
with the provisions of the terms and conditions of the Agreement between the COUNTY,
the Regulations, all applicable Federal, State, and Local laws, ordinances, regulations,
orders,and guidelines,including but not limited to any applicable regulations issued by the
COUNTY.
Electronic Signatures. This Agreement, and related documents entered into in connection
with this Agreement, are signed when a parry's signature is delivered by facsimile, e-mail,
or any other electronic medium. These signatures must be treated in all respects as having
the same force and effect as original written signatures.
3.24 COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright or patent materials, SPONSOR may
copyright or patent such,but Collier County and the State of Florida reserve a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, or otherwise use such
materials and to authorize others to do so.
3.25 WAIVER
The COUNTY'S failure to act with respect to a breach by SPONSOR does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
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PART IV
GENERAL PROVISIONS
4.1 Florida Statues Chapter 420, Sections 420.907-420.9079 F.S., and Rule 67-37 Florida
Administrative Code as amended-All the regulations regarding the SHIP program
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0420/0420.html
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=67-3 7
4.2 Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing
https://www.archives.gov/federal-register/codification/executive-order/11063.html
Executive Order 11259 -Leadership &Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of
1968, as amended https://www.hud.gov/programdescription/title6
4.3 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.4 In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with
assistance provided under this Agreement, SPONSOR shall cause or require a covenant
running with the land to be inserted in the deed or lease of such transfer, prohibiting
discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of
such land, or in any improvements erected or to be erected thereon, providing that the
COUNTY and the United States are beneficiaries of and entitled to enforce such covenants.
SPONSOR, in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant, and will not itself
so discriminate.
4.5 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972,42 USC § 2000e,et. seq. SPONSOR will,in all solicitations or advertisements
for employees placed by or on behalf of SPONSOR, state that it is an Equal Opportunity
or Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 U.S. Equal Employment Opportunity
Commission(eeoc.gov)
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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, 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.comell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-
order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-
order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-
order/12086.html
4.8 Immigration Reform and Control Act of 1986
S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 1
Congress.gov i Library of Congress
4.9 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
4.10 The Americans with Disabilities Act of 1990:
https://www.hug.gov/program offices/fair_housing equal opp
Americans with Disabilities Act of 1990, As Amended ADA.gov
4.11 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context,except when specifically authorized. SPONSOR agrees
to avoid the misuse of arrest or conviction records to screen applicants for employment or
employees for retention or promotion that may have a disparate impact based on race or
national origin, resulting in unlawful employment discrimination unless use is otherwise
specifically authorized by law.
See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.12 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
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fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward
agreement funds
4.13 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.
4.14 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value
to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004-05,as amended, and County Administrative Procedure
5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter 112 part i
ii
Collier County-
http://www.colliergov.net/home/showdocument?id=3513 7
4.15 2 CFR 200.15 Never contract with the enemy. Federal agencies, recipients, and
subrecipients are subject to the guidance implementing Never Contract with the Enemy in
2 CFR part 183.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-
200.215
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-183
4.16 Foreign Countries of Concern Prohibition. It the SPONSOR has access to an individual's
Personal Identifying Information as defined in Rule 60A-1.020,F.A.C. and§501.171,F.S.,
the SPONSOR and/or its subcontractors must complete an attestation (PUR 1355) as
required by §287.138, F.S. and Rule 60A-1.020, F.A.C. A violation by the SPONSOR or
subcontractor shall be grounds for consequences as provided in §287.138, F.S. Extensions
and renewals are subject to the requirement of§287.138, F.S.
4.17 Sudan, Iran, Cuba, Syria, and Israel Certifications. Where applicable, in compliance with
§287.135(5), F.S., the SPONSOR certifies that SPONSOR is not on the Scrutinized
Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in
Iran Terrorism Sectors List, and it does not have business operations in Cuba or Syria, and
is not participating in a boycott of Israel.
4.18 Trafficking in Persons: The SPONSOR agrees to, at any tier, comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited
conduct related to the trafficking of persons,whether on the part of the SPONSOR and any
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employees of the SPONSOR. The details of the SPONSOR'S obligations related to
prohibited conduct related to the trafficking of persons are posted at
https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
eCFR :: Appendix A to Part 175, Title 2 --Award Term
Pursuant to Florida Statues 787.06, SPONSOR attests that it does not use coercion for labor
or services. SPONSOR shall provide an affidavit, under penalty of perjury, signed by an
officer or representative of the organization attesting that it does not use coercion for labor
services.
http://www.1eg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0787/Sections/0787.06.html
4.19 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.
4.20 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).
4.21 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties,the parties shall make a good faith effort
to resolve any such disputes by negotiation. Any situations when negotiations, litigation,
and/or mediation shall be attended by representatives of SPONSOR with full decision-
making authority and by COUNTY'S staff person who would make the presentation of any
settlement reached 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
4.22 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
Rural Neighborhoods,Incorporated
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convicted vendor list maintained by the State of Florida Department of Management
Services within the 36 months immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search Strin
g=&URL=0200-0299/0287/Sections/0287.13 3.html
4.23 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 SPONSOR shall participate in, and use, E-Verify (www.e-
verify.gov),provided an appropriate person authorized to act on behalf of the recipient(or
subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the
event of a "Tentative Non-confirmation" or a "Final Non-confirmation") to confirm
employment eligibility for each hiring for a position in the United States that is or will be
funded(in whole or in part)with award funds.
Questions about E-Verify should be directed to DHS. For more information about E-
Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-
Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov.
4.24 Unauthorized Aliens shall not be employed. Employment of unauthorized aliens shall be
cause of unilateral cancellation of this Agreement by the COUNTY for violation of§274A
of the Immigration and Nationality Act. The SPONSOR and its subcontractors will enroll
in and use the E-Verify system established by the U.S. Dept lenient of Homeland Security
to verify the employment eligibility of its employees and its subcontractors' employees
performing under this Agreement. Employees assigned to this Agreement means all
persons employed or assigned(including subcontractors)by SPONSOR or a subcontractor
during the term of this Agreement to perform work pursuant to this Agreement within the
United Sates and its territories.
SPONSOR represents and warrants that no part of the funding under this Agreement will
be used in violation of any federal or state law, including but not limited to, 8 U.S.0 §1324
or 8 U.S.C. §1325, or to aid or abet another in violating federal or state law. The COUNTY
may terminate this Agreement at any time if SPONSOR violates, or aids or abets another
in violating any state or federal law.
4.25 Florida Statutes section 713.20, Part 1, Construction Liens
Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)
Rural Neighborhoods,Incorporated
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4.26 Florida Statutes section 119.021 Records Retention
Statutes & Constitution: View Statutes: Online Sunshine (state.fl.us)
4.27 Florida Statutes section 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.28 Whistleblower Protections:
a. In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, the SPONSOR may not
discharge, demote, or otherwise discriminate against an employee in reprisal for
disclosing to any of the list of persons or entities provided below, information that
the employee reasonably believes is evidence of gross mismanagement of a federal
contract or grant, a gross waste of federal funds, an abuse of authority relating to a
federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii.A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
The SPONSOR shall inform its employees in writing of whistleblower rights and remedies
provided under 2 CFR 200.217 and 41 U.S.C. § 4712, in the predominant native language
of the workforce.
https://uscode.house.gov/view.xhtml?req=(title:41%20section:4712%20edition:prelim)
All SPONSOR employees directly involved with activities associated with this Agreement
shall complete and submit to the COUNTY the Collier County Whistleblower Protections
Certification form (Exhibit I) prior to execution of this Agreement. Any new employees
hired during the period of performance of this Agreement shall also complete and submit
the form to the COUNTY.
4.29 Executive Compensation. In accordance with §216.1366, F.S., for any contract or
agreement for services executed, amended, or extended on or after July 1, 2023, with a
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nonprofit organization as defined in 215.97(2)(m), the Agreement must require the
SPONSOR or contractor to provide documentation that indicates the amount of state funds:
• Allocated to be used during the full term of the contract for remuneration to any
member of the Board of Directors or an officer of the SPONSOR.
• Allocated under each payment by the COUNTY to be used for remuneration of any
member of the Board of Directors or an officer of the SPONSOR. The
documentation must indicate the amounts and recipients of the remuneration.
4.30 Use of Funds for Diversity, Equity, and Inclusion Prohibited. No state funding under this
Agreement is being provided for, promoting, advocating for, or providing training or
education on "Diversity, Equity, and Inclusion" (DEI). DEI is any program, activity, or
policy that classifies individuals on the basis of race, color, sex, national origin, gender
identity, or sexual orientation and promotes the position that the group or an individual's
action is inherently,unconsciously, or implicitly biased on the bases of such classification.
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]
Rural Neighborhoods,Incorporated
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IN WITNESS WHEREOF,the SPONSOR and the COUNTY,have each respectively,by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: AS TO COUNTY:
CRYSTAL K.KINZEL,CLERK
a BOARD OF COUNTY COMMISSIONERS
,, COLLIER COUNTY,FLORIDA
a
Ike C erk
By: 4/3401,r,"41140"4"-
Dated: 0 d76: a�
�t as Chi
signature only Date: 6'4 / 5
AS TO SPONSOR:
WITNESSES:
RURAL NEIGHBORHOODS INCORPORATED
Witn ss#1`Signature
By:
YI(�4 `C (A'`.e TEVE ,PRE T
Witness#1 Printed Name
112 84 S Lc) 1411+41 C-1- n viw-ul pt 3318*- Date: 0/12
5--
Witness#1 Physical Address
[Please provide evidence of signing authority]
(7e4fAct 03--c-c,,�
Witness#2 Signature
Witness#2 Printed Name
ic51W sw t► C c (C l`'\W‘►v‘t P331`1(o
Witness#2 Physical Address
Approved as to form and legality:
(k- /,?"9 - -c__. C
ourtney L.DaSilva CD
a
Assistant County Attorney
Date: f/77/Zc
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EXHIBIT A
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County Board of County Commissioners, c/o Community
and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112,
Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined
below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in
the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County Board
of County Commissioners must be shown as an additional insured with respect to this
coverage.
3. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance, in the name of the SPONSOR or the licensed design
professional employed by the SPONSOR, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SPONSOR and/or the
design professional shall become legally obligated to pay as damages for claims arising out
of the services performed by the SPONSOR or any person employed by the SPONSOR in
connection with this Agreement. This insurance shall be maintained for a period of two(2)
years after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less
than 100 percent(100%)of the insurable value of the building(s)or structure(s).The policy
shall be in the name of Collier County Board of County Commissioners 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,
Rural Neighborhoods,Incorporated
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as a condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
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 Board
of County Commissioners 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 100 percent
(100%) of the replacement cost of the property. Collier County Board of County
Commissioners 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 Board of County Commissioners as a Loss Payee A.T.I.M.A.
Rural Neighborhoods,Incorporated
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EXHIBIT B
PROGRAM NARRATIVE
OWNER-OCCUPIED REHABILITATION PROGRAM
The Owner-Occupied Rehabilitation Program is designed to assist income eligible homeowners
who own and occupy their home, by providing SHIP Funds to assist with necessary repairs to
correct code violations or emergency repairs that impact health, safety, and welfare. The home
must be suitable for rehabilitation and located within the unincorporated or incorporated areas of
Collier County.
The Owner-Occupied Rehabilitation Program shall be administered in accordance with Collier
County's Rehabilitation Standards (incorporated by reference, and as amended) and with the
Owner-Occupied Rehabilitation Assistance Strategy as outlined in the County's 2025-2028 SHIP
Local Housing Assistance Plans, as amended(incorporated by reference).
A. DESCRIPTION OF WORK TO BE PERFORMED
CHS is responsible for final approval of income eligibility of all applicants. CHS will record
liens against the homeowner prior to the issuance of the Notice to Proceed(NTP)and once the
improvements are completed. CHS will ensure compliance with respect to all applicable SHIP
regulations and coordinate with a third-party inspector to conduct the initial and final
inspections of the completed rehabilitation. The third-party inspector will also evaluate the
property and work write-ups prior to SPONSOR issuing the Invitation to Bid(ITB)or requests
for quote.
SPONSOR will carry out housing rehabilitation contract management and inspection for the
Owner-Occupied Rehabilitation Program, and perform technical and administrative work
involving the repair and renovation of residential properties for the program similar to the steps
listed below:
1. Meet with homeowner, conduct testing, and provide evaluation to determine the needs of
the home along with any health and safety issues not identified that would impact the
COUNTY's ability to authorize the work. Once evaluation is complete, SPONSOR will
create a scope of work and an Independent Cost Estimate for the unit and submit to CHS
for review and approval.
2. Issue an Invitation to Bid (ITB) or request for quote to potential building contractors,
utilizing the COUNTY's Purchasing Policy for each property. Each ITB or quote will be
advertised in accordance with the COUNTY's Purchasing Policy. SPONSOR shall issue
the ITB or quote,respond to questions,conduct the walk-through with potential contractors
(if necessary), and make recommendations for awards.
3. Complete rehabilitation and obtain final inspection approval by third-party inspector within
120 days from NTP approval by CHS. If SPONSOR fails to complete the necessary
rehabilitation within the time frame, the project delivery fee associated with the unit shall
Rural Neighborhoods,Incorporated
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be forfeited unless CHS allows a time extension.If there is an unforeseen delay,SPONSOR
shall submit a written explanation and request approval for a time extension from CHS.
4. Authorize a change order up to$100,000.00 per rehabilitation unit,if necessary.No change
order will be approved if it exceeds the per-unit maximum, as outlined in the LHAP. If the
change order exceeds $100,000.00, the SPONSOR shall seek prior approval from CHS
staff and/or the COUNTY's third-party inspector. The change order approval must be in
writing and submitted at the time of the payment request. If the approval is not obtained or
provided, SPONSOR will not be reimbursed.
5. Submit closeout documentation,any warranties transferred to homeowner, and all final pay
requests to CHS.
6. Serve as mediator as issues arise,to resolve any contract disputes between homeowner and
contractor, while providing support and guidance to the homeowner throughout the
process.
B. WORKING HOURS
Regular service shall be made available between the hours of 8:00 AM to 5:00 PM, Monday
through Friday, excluding COUNTY recognized holidays. There may be times when
SPONSOR may need to be available after hours to accommodate the homeowner.
C. ESTIMATES:
SPONSOR shall solicit estimates/quotes on all rehabilitation projects, based on the
COUNTY's Purchasing Policy referenced herein,and provide those estimates to the COUNTY
prior to final contractor selection.
D. LEVELS OF ACCOMPLISHMENT
1. Successful repair and closeout of an eligible owner-occupied housing unit.
2. Quarterly submittal of Progress Reports.
E. PROJECT RECORDS
SPONSOR will be required to make working papers available, upon request, without charge,
to any Federal, State, or Local agency upon request.
At a minimum, records shall include the following:
1. Written inspection report describing code violations or issues deemed health, safety,and/or
welfare issues, or emergency repairs; a work write-up providing detailed specifications to
be used in addressing the code violations or health/safety/welfare issues; general property
and energy efficiency improvements; an in-house cost estimate; and copies of all bid
documents and bids received.
2. Copy of executed contractor purchase order/agreement and homeowner agreement.
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3. Evidence of complete and successful repair of an eligible housing unit.
4. Proof of an executed agreement between the SPONSOR and the homeowner, and a
contractual agreement between SPONSOR and the contractor(or subcontractors) licensed
to pull required permits in Collier County.Proof of completed repairs identified in the work
write-up, as evidenced by the following:
• Certificate of occupancy or hard cards showing County building official approval
of work requiring County permit
• Inspection of the completed work performed by the contractor(or subcontractors)
by the CHS third-party inspector
• A copy of the release of liens for each contractor
• A copy of SPONSOR's payment(check) to each contractor(or copies of checks
paid to subcontractors)
• Before, during, and after pictures of work completed
• Signature of homeowner confirming satisfaction of work completed. If
homeowner refuses to sign, a letter from SPONSOR is required.
• Change orders and documentation of approval, if applicable
• Bid documents (solicitation notice, bid tabulation, and bid advertisement.)
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EXHIBIT C
BUDGET NARRATIVE
OWNER-OCCUPIED REHABILITATION PROGRAM
The total SHIP allocation to SPONSOR for the Owner-Occupied Rehabilitation Program shall
not exceed TWO HUNDRED NINETY THOUSAND and 00/100 Dollars ($290,000.00).
Sources for these funds are as follows:
Fiscal Year Project Inspection for Rehab Fund Total
Delivery Non-Eligible
2025-2026 $14,500.00 $500.00 $275,000.00 $290,000.00 **
Total Funds S14,500.00 $500.00 ; $275,000.00 $290,000.00
*maximum project delivery
** expenditure deadline for 2025/2026 is June 30,2028 or as extended and approved by
Florida Housing Finance Corporation
Funds may be shifted between project delivery, inspection for non-eligible, and rehab to allow
for the maximum amount of Funds to be expended. A housing unit cannot be split between FY
funding allocations
Uses of these funds are as follows:
Funds shall be disbursed in the following manner for the following uses:
1. Maximum rehabilitation funding per unit is in accordance with the LHAP.
2. A project delivery fee of 5 percent(5%) of the rehabilitation cost,to complete program
management and other project compliance activities conducted by staff or contracted
party, shall be paid for each completed unit. Associated work to perform technical and
administrative work involving the construction and renovation of residential properties.
3. An inspection fee of $250.00 will be paid for those homes that fail to meet the
rehabilitation standards. This fee is only paid when a property fails to meet the criteria.
No other fees will be paid to SPONSOR in such circumstances.
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EXHIBIT D
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SPONSOR Name: Rural Neighborhoods, Incorporated
SPONSOR Address: 19308 SW 380th Street Florida City, Florida 33034
Project No: SHOR 25-001 _ Payment Request#
Total Payment Minus Retainage
Period of Availability: _through
Period for which SPONSOR has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Sponsor CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request (Net of Retainage, $ $
if applicable)
4. Current Grant Balance (Initial Grant Amount $ $
Award request) (includes Retainage)
By signing this report,I certify to 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 forth in
the term and conditions of the State award. I am aware that any false, fictitious, or fraudulent information, or the
omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,false statements,
false claims or otherwise(U.S.Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812;and/or
Title VI,Chapter 68,Sections 68.081-083,and Title XLVI Chapter 837,Section 837-06).
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$14,999 and below) Division Director(Approval Required$15,000
and above)
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EXHIBIT 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: Owner Occupied Rehabilitation Program
Project Number: SHOR 25-001
SPONSOR Name: Rural Neighborhoods, Incorporated
Contact Person Steve Kirk,President
Telephone: 305-242-2142 Fax: Email: stevekirk@ruralneighborhoods.org
PROPERTY UNIT DATA
Number of units under rehab this period
Number of units completed this period
Number of units completed to date
EXPENDITURE DATA
Amount of funds expended this period
Amount of funds expended to date
New Contracts executed this period
Name of Contractor Address Amount of Contract
INCOME DATA
Client Income Category Income Amount
What events/actions are scheduled for the next month?
Identify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Signature Date:
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EXHIBIT F
ANNUAL AUDIT MONITORING REPORT
If SPONSOR expends $750,000 or more in State financial assistance during its fiscal year, it must have a
State Single or Project Specific audit conducted in accordance with Section 215.97, Florida Statutes;
applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), and Rules of the Auditor General. If SPONSOR expends
less than $750,000 in State financial assistance during its fiscal year, it shall provide certification to the
COUNTY that single audit was not required. In determining State financial assistance expended, SPONSOR
must consider all sources of State financial assistance, including assistance received from Department of
Children & Families, other State agencies, and other nonstate entities. This form may be used to monitor
Florida Single Audit Act (Florida Statutes Section 215.97) requirements.
SPONSOR Name
First Date of Fiscal Year(MM/DDIYY) Last Date of Fiscal Year (MM/DD/YY)
Total State Financial Assistance Expended $
during most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The state expenditure threshold for our fiscal year ending as indicated above has been met
and a Single Audit as required by Section 215.97, Florida Statutes 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 Section 215.97, Florida Statutes because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are exempt for other reasons— explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included.
While we understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide just
a copy of the written response from your audit report, unless it includes details of the actions,
procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date:
Print Name and Title:
07/24/24
Rural Neighborhoods,Incorporated
SHOR-25-001 40
Owner-Occupied Rehabilitation
CA()
16D 3
Effective January 1, 2025 EXHIBIT G
RESIDENT INCOME CERTIFICATION — Homeownership/DPA
State Housing Initiatives Partnership (SHIP) Program
Effective Date: Allocation Year:
Calculations performed using (check one): Pre-HOTMA Guidance 1 ❑ HOTMA Guidance ❑
A. Recipient Information
Current Homeowner Existing Dwelling
Homebuyer New Construction
B. SHIP Fund Use
Local Strategy Name Strategy Code
C. Household Information (Include all household members)
Relationship
Member Full Name Age
to Head
1 HEAD
2
3
4
5
6
7
8
D. Assets (All household members including assets owned by minors)
Member Asset Description Cash Income from
Value Assets
Total Cash Value of Assets D(a)
Total Actual Income from Assets D(b)
Total Imputed Income from Assets
D (c)
Total Income from Assets
D (d)
SHIP FI-RIC
Rev.01'2024
Page 41 of 47
16D 3
Effective January 1, 2025
E. Anticipated Annual Income: Includes unearned income and support paid on behalf of
minors.
Wages /
Salaries Benefits / Public Other
Member (include *Asset Income
Pensions Assistance Income
tips,
commissi
(Enter the
greater of
box D(b)
or
box D(c),
above,
in box E(e)
below)
(a) (b) (c) (d) (e)
Totals
Enter total of items E(a) through E(e). This amount is the Annual $
Anticipated Household Income
F. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item C, acceptable
verification of current and anticipated annual income. I/we certify that the statements are true
and complete to the best of my/our knowledge and belief and are given under penalty of
perjury. WARNING: Florida Statute 817 provides that willful false statements or
misrepresentation concerning income and assets or liabilities relating to financial condition is
a misdemeanor of the first degree and is punishable by fines and imprisonment provided
under S 775.082 or 775.83.
Date
Signature of Head of Household
Date
Signature of Spouse or Co-Head of Household
Date
Signature of Household Member (over 18 years)
Date
Signature of Household Member (over 18 years)
Date
Signature of Household Member (over 18 years)
Date
Signature of Household Member (over 18 years)
SHIP H-RIC
Rev.01/2024
Page 42 of 47
CAA
16D 3
Effective January 1, 2025
G. SHIP Administrator Statement: Based on the representations herein, and upon the proofs and documentation
submitted pursuant to item F, hereof, the family or individual(s) named in item C of this Resident Income
Certification is/are eligible under the provisions of Chapter 420, Part V, Florida Statutes,the family or individual(s)
constitute(s) a: (check one)
Extremely Low Income (ELI) Household means individuals or families whose annual
income does not exceed 30% of the AMI as determined by HUD with adjustments for
household size.
Maximum Income Limit:
Very Low Income (VLI) Household means individuals or families whose annual income
does not exceed 50% of the AMI as determined by HUD with adjustments for household
size.
Maximum Income Limit:
Low Income(LI) Household means individuals or families whose annual income does not
exceed 80% of the AMI as determined by HUD with adjustments for household size.
Maximum Income Limit:
Moderate Income (MI) Household means individuals or families whose annual income
does not exceed 120% of the AMI as determined by HUD with adjustments for household
size.
Maximum Income Limit:
121-140% Income Household means individuals or families whose annual income does
not exceed 140% of the AMI as determined by HUD with adjustments for household size.
Maximum Income Limit:
Based upon the (year)
Income Limits for (MSA or County)
Signature of the SHIP Administrator or His/Her Designated Representative:
Signature Date
Name (print or type)
Title
H. Household Data (to be completed by Head of Household only)
Household elects to not participate. (Initials of Household Head)
Head of Household Data
By Race/Ethnicity By Age
White Black Hispanic Asian America Other 0 -25 26 -40 41 -61 62 +
n Indian
Household Members Data
Special Target/Special Needs (Check all that apply to any member)
Farm worker Developmentally Homeless Elderly Special Needs Special
Disabled (define) Needs
NOTE: Information in this Section H is being gathered for statistical use only. No resident is required to give such
information
SHIP H-RIG
Rev.01'2024
Page 43 of 47
CA 0
16D 3
Florida Housing Finance Corporation
Florida Housing State Housing Initiatives Partnership
(SHIP) Personal Property Asset Calculation
Worksheet
Complete either Part I or Part II depending on whether you are calculating income using Pre-HOTMA or HOTMA guidance and depending on
the nature of the types of assets disclosed by the family.
Applicant:
The Housing Opportunity Through Modernization Act (HOTMA)of 2016 was signed into law on July 29,2016. Sections 102 and 104 of
HOTMA made sweeping changes affecting income determinations and reviews.While the Effective Date of these changes was January
1,2024,SHIP grantees must be compliant with these new provisions by July 1, 2025.
If you ARE NOT using HOTMA guidance to determine the household's total net assets and asset income, complete the "Pre-HOTMA
Calculation"section(Part 1).
If you ARE using HOTMA guidance to determine the household's total net assets and asset income, complete the "HOTMA
CALCULATION"section(Part II).
Amounts calculated using this worksheet should be included on the Resident Income Certification form (RIC),Part D(Assets).,
Part I:PRE-HOTMA CALCULATION
Refer to HUD Handbook 4350.3,Occupancy Requirements of Subsidized Multifamily Housing Programs, Revised November 2013,for
guidance regarding assets and asset income.
Asset Cash Value Income Calculation Income
Total Value Total Actual Income[A]
*Total Value>$5,000 Total Imputed Income[B]
(Multiply Total Value by.06%)
Total Asset Income Enter GREATER of[A]or[B]
*If the total value is greater than$5,000,calculate imputed income by multiplying total value by.06%.
SHIP H-RIC
Rev 01,2024
Page 44 of 47 C4 0
16D 3
"'""°g '" Florida Housing Finance Corporation
Florida
ate Housino-
ves
shin
Housing SHIP Personal�Property As set Calculation
Worksheet
Part II: HOTMA CALCULATION
Refer to the HOTMA Final Rule Implementing Sections 102 and 104 (Notice 88 FR 9600 dated 2.14.2023) and Implementation Guidance
included in Notice H 2O23-10/PIH 2O23-27 for instructions regarding the calculation of assets and asset income.)
Assets Where Actual Income Can Be Calculated
If non-necessary personal property exceeds$51,600(HUD Income Exclusions), list non-necessary personal property below,and list all real
property including actual income(remember that actual income for an asset can equal$0, such as a checking account that has no rate
of return).
Asset Cash Value Income Calculation Income
Total Net Value Total Actual Income[A]
Assets Where Actual Income Cannot Be Calculated
List assets, including real property, where no income could be calculated, including imputed income. NOTE: When the total net family
assets are less than or equal to the applicable Imputed Income Limitation, ($51,600 as of January 1, 2025) then only the actual income as
disclosed on the Asset Self-Certification is included on the Resident Income Certification (RIC).
Asset Value
Total Value
Total[B]Multiply total value of assets by current HUD Passbook Rate*(0.45%)
Add the actual income from Cell [A]with the imputed income from Cell [B]to get the total asset income for the household:
Total Actual Income[A]
Total Imputed Income[B]
Total Income from Assets
SHIP H-RIC
Rev.O 1/2024 t
Page 45 of 47 Cof1
16D 3 -
Collier County
Community & Human Services Division
EXHIBIT H
INCIDENT REPORT FORM
Organization Name:
Organization Address:
Project No:
Grant Coordinator:
Date of Incident Time of Incident:
Report Submitted By:
(Name&Phone)
Description of Incident:
Location/Address of Incident:
Was Police Report Filed? ❑ Yes ❑ No
If Yes, Police Report Jurisdiction:
Number:
Were there any warning signs that this type of Incident could occur? ❑ Yes ❑ No
If Yes, Explain:
What actions will be taken to prevent a recurrence of a similar incident?
I certify under penalty of perjury under F.S. 837.06 that the contents of this form are true and correct.
Signature of Person Making Report Date
Printed Name
Title
Return completed form to: Kristi Sonntag,Director,CHS
Collier County Community and Human Services Division
3339 Tamiami Trail East,Bldg. H,Suite 213
Naples,FL 34112 Fax: (239)252-2638 CA 0
1 6 D 3
EXHIBIT I
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
WHISTLEBLOWER PROTECTIONS CERTIFICATION
SPONSOR Name:
SPONSOR Address:
Project Name:
Project No:
In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, SPONSOR may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
provided below, information that the employee reasonably believes is evidence of gross mismanagement
of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal
contract or grants, a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal contract (including the competition for or negotiation of a contract) or
grant.
The list of persons and entities referenced in the paragraph above includes the following:
• A member of Congress or a representative of a committee of Congress
• An Inspector General
• The Government Accountability Office
• A Treasury employee responsible for contract or grant oversight or management
• An authorized official of the Department of Justice or other law enforcement agency
• A court or grand jury
• A management official or other employee of SPONSOR, contractor, or subcontractor who has the
responsibility to investigate, discover, or address misconduct
SPONSOR shall inform its employees in writing of whistleblower rights and remedies provided under
section 41 U.S.C. § 4712, in the predominant native language of the workforce.
By signing this form,I certify that Rural Neighborhoods Incorporated will comply with all Whistleblower
rights and protections for its employees.
Name:
Signature:
Title:
Your typed name here represents your electronic signature
CAO