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Backup Documents 12/09/2025 Item #16D 6ORIGINAL DOCUMENT'S CHECKLIST & ROUTING SLIP imp TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 12.09.2025 Bt ricD 6 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 41 through 42 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exrentinn of the r'hairman'c ah— tiro.., . lino *h...,.. h ,. I;___ u / a_.. -I — Route to Addressees (List in routing order) Office Initials Date 1. Adrienne Meijer Community and Human AM 11/05/2025 Services 2. County Attorney Office —Jeffrey A. County Attorney Office Klatzkow Cl✓� I Z / q � 75- 3. BCC Office Board of County Commissioners 12 4. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION " � t, 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 nmav need to rnntart ctaff for arlditinnal nr mic ;nn inf�­r:.... Name of Primary Staff Adrienne Meijer Phone Number 239-252-5229 Contact / Department Agenda Date Item was Agenda Item Number 16.13. tf Approved by the BCC Type of Document SHIP RENTAL REHABILITATION Number of Original Three (3) C, ir.S Attached AGREEMENT WITH COMMUNITY Documents Attached ASSISTED AND SUPPORTED LIVING, INC. PO number or account number if document is to be recorded 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 STAMP OK AM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 Yes 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 N/A 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 N/A 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 YES signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A 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 L time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during NIA is not the meeting have been incorporated in the attached document. The County CL� an option for Attorne 's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. this line. 16D.6 Grant - SHIP FY 2025-2026 Agreement#: SHRR25-001 Activity: Rental Rehabilitation SPONSOR: Community Assisted and Supported Living, Inc. CASL CSFA #: 40.901 Total Award Amount: $300,000.00 UEI #: HMBJWPX9JKA1 FEIN: 65-0869993 Period of Performance: November 1, 2025-May 31, 2028 FISCAL YEAR: December 31 MONITORING END: 2058 AGREEMENT BETWEEN COLLIER COUNTY AND COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. Rental Rehabilitation Program THIS AGREEMENT is made and entered into this G'tk � day of nccei► Lcl , 2025, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Community Assisted and Supported Living, Inc. (CASL) (SPONSOR) a not -for -profit existing under the laws of the State of Florida, having its principal office 2911 Fruitville Road Sarasota, FL 32437. WHEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of Florida in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, the State Housing Initiatives Program is established in accordance with Florida Statues Chapter 420, Sections 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; 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 of annual median income (AMI) adjusted for family size; and WHEREAS, the Fiscal Year 2025-2026 Local Housing Assistance Plan (LHAP), as amended, was adopted by the Board of County Commissioners on April 8, 2025, Agenda item #16D10, Resolution No. 2025-073; and WHEREAS, the COUNTY and the SPONSOR desire to provide Rental Rehabilitation, in accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and CAO I 6D 6 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: Rental Rehabilitation Description of project and outcome: The Project is for the rehabilitation and or repair of five (5) existing rental duplex properties owned by CASL. Project Component One: The planned renovations may include but are not limited to repair/replacement of roofs, permits, related construction materials, soffit, labor, fascia, gutters, insurance and/or bonds, HVAC systems, and other related costs/fees. A. Project Tasks: 1. Initiate Solicitation 2. Select Contractor Bid (a minimum of three bids are required) 3. Issue Contractor's Notice to Proceed 4. Obtain Liability, Workers Comp., and Property Insurance 5. Execute Contractor Agreement 6. Apply for Permits 7. Schedule Inspection for Certificate of Completion B. SHIP Documentation Requirements Compliance Criteria: Activities carried out with funds under this Agreement will be performed in compliance with State Housing Incentives Partnership (SHIP) Program, Florida 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 Statute 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 SPONSOR will implement the Scope of Service summarized in Section 1.2 and Exhibit B of this Agreement. CAO 1.2 SCOPE OF SERVICE 1 6 D 6 4 W 1.3 1.4 SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibit B (Rental Rehabilitation Project Requirements), in accordance with the terms and conditions of Requests for Applications, Rental Rehabilitation, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2025-2026, and SPONSOR's Application dated January 7, 2025. 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 policies and procedures within sixty (60) days of this Agreement: ® Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy (COI) and related COI Forms ® Procurement Policy ® Sexual Harassment Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® Violence Against Women Act (VAWA) Policy ® Tenant Waitlist Policy ® Tenant Grievance Policy ® Tenant Guidelines (Income) ® Marketing Plan ® Property Maintenance Plan ® Capital Needs Assessment Plan C. Annual SPONSOR Training All SPONSOR staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered trainings relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. PROJECT DETAILS A. Project Description/Budget Description State Amount Project Component 1: The planned renovations may include but are not limited to repair/replacement of roofs, permits, related $300,000.00 CAO y 6D6 construction materials, soffit, labor, fascia, gutters, insurance and/or bonds, HVAC systems, and other related costs/fees. Total State Funds $300,000.00 SPONSOR will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain beneficiary income certification documentation, using Exhibit D, as amended or CHS Director -approved presumed benefit documentation, and provide to the COUNTY as requested ® Maintain Eligibility Documentation, retained at SPONSOR location, and provided 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 until completion of construction or rehabilitation ❑ Identify Lead Project Manager ® Provide Project Plans and Specifications ® Ensure applicable number of units are Section 504/ADA accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components, as detailed in Exhibit B. C. Performance Deliverables Program Deliverable Supporting Documentation Submission Schedule Special Grant Policies Policies as stated in this Within 60 days of Agreement Section 1.3 B Agreement execution Insurance Proof of coverage in At time of Agreement (Flood, Property, O&D) accordance with Exhibit A execution and annually within 30 days after renewal Detailed Project Schedule Project Schedule Within 60 days of Agreement execution Draft Procurement Independent Costs Estimate, Within 90 days of Agreement Documents (Bid Packet)* Contractor Bid Form, Bid execution Recommendation, All Contractor Bids, Contractor Agreement, Contractor License, Bid Approval, Notice to Proceed, Change Order, Change Order Approval, Project Plans and Plans and Specifications With the solicitation Specifications documents Quarterly Progress Report Progress report, detailing 30 days after the end of the accomplishments Exhibit D calendar quarter until May 31, 2028 4 CAC • � i Program Deliverable Supporting Documentation Submission Schedule Fair Housing Call Report Fair Housing Call Log Quarterly within 30 days following the end of the quarter and annually after closeout throughout the thirty (30) year affordability period. Annual Audit Monitoring Exhibit E Annually, within 60 days Report after FY end SPONSOR Financial and Audit report, Management Within 9 months for Single Compliance Audit Letter, and Supporting Audit (otherwise 180 days) Documentation after the end of the SPONSOR fiscal year throughout the affordability period Continued Use Certification Continued Use Certification Annually Tenant Lease Agreement Lease Agreements Prior to signature of first tenant and any addendums or changes thereafter throughout the affordability period. Operating Expense Report Actual vs. Budget, revenue and 30 days after the end of the expense report and all SPONSOR'S fiscal year supporting documentation, as requested Operating Expense Budget Detailed Operating budget for Initial report due after lease - Report the next fiscal year up and annually thereafter, prior to start of SPONSOR fiscal year, throughout the affordability period Capital Needs Assessment Plan approved by the Initial Plan due after lease -up Plan COUNTY and annually thereafter, prior to start of SPONSOR fiscal year, throughout the affordability period Maintenance Plan Plan approved by the At the time of completion of COUNTY unit(s), with annual submission if plan is revised Register of Tenant Income Summary of Tenant Income At time of full lease -up and and Rent and Income Limit, Rent and annually thereafter Rent Limit, by unit (Rent Roll) throughout the affordability period Maintenance Agreement Executed 3`d Party Agreement Initial lease -up and annually thereafter throughout the affordability period, if applicable. Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of the Conflict of Interest Disclosure Agreement for all employees Form who work on activities associated with the grant and CAO 16D6 Program Deliverable Supporting Documentation Submission Schedule upon hiring of all new employees. Whistleblower Protections Exhibit H Upon execution of the Certification Agreement for all employees who work on activities associated with the grant and upon hiring of all new employees. Affidavit Regarding Labor Affidavit Upon execution of the and Services(Trafficking) Agreement * SPONSOR's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.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 until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. The COUNTY recognizes that Change Orders require urgent attention. The COUNTY agrees to acknowledge receipt of Change Orders within two (2) business days of submission. Barring any issues, approval will be provided within five (5) business days of submission, with the exception of those that constitute an emergency. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: The 1. Exhibit C along with invoice Monthly, by the 3Wh planned renovations may and proof of payment as day of the month include but are not limited to evidenced by cancelled checks or following the month of repair/replacement of roofs, bank statements, and any other service. permits, related construction documents as requested. materials, soffit, labor, fascia, 2. Contractor Bid gutters, insurance and/or Recommendation wBid Tab (first bonds, HVAC systems, and submission only) other related costs/fees. 3.Approved Contractor Recommendation/ Notice to Proceed (first submission only) 4.Waiver of Lien Release Partial and Final, as applicable 5. Contractor Agreement (first submission only) 6. Permits 7. Certificate of Completion (final only) 8. Contactor's Invoice 9. Promissory Note (final) 10. Mortgage (final) 11. Land Use Restriction A reement final CAO y 6D6 1.5 PERIOD OF PERFORMANCE SPONSOR'S services shall begin on November 1, 2025, and end on May 31, 2028. This Agreement must remain in effect throughout the development process of the Project and is terminated upon completion of construction of SHIP -assisted units. 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. SPONSOR is responsible for ongoing reporting, subject to onsite monitoring, tenant income qualification activities, and continued use for the affordability period of 30 years. 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. An Agreement of Restrictive Covenants detailing affordability requirements in a form reasonably acceptable to the COUNTY (Restrictive Covenants) will be placed on all properties that receive SHIP funding from the COUNTY, which Restrictive Covenants will be used to enforce the affordability requirements of the Project. 1.6 AGREEMENT AMOUNT The COUNTY agrees to make available THREE HUNDRED THOUSAND DOLLARS and NO CENTS ($300,000.00) for use by SPONSOR, during the term of the Agreement (hereinafter referred to as the Funds). Priority of Funds. The SPONSOR agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. To the extent available, the SPONSOR must disburse funds available from program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments. Such payments or reimbursements shall constitute full and complete payment by the COUNTY under this Agreement. In no event shall the COUNTY's obligation to make payment to SPONSOR hereunder exceed THREE HUNDRED THOUSAND DOLLARS NO /100 ($300,000.00). 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. SPONSOR F CAO 16D6,4 may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Allowable costs shall mean those necessary and proper costs identified in the SPONSOR application and approved by the COUNTY unless any or all such costs are disallowed by the State of Florida FHFC. Invoices for work performed are required every month. 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 will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SPONSOR when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SPONSOR fails to perform the minimum level of service required by this Agreement. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1 A.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. Withholding or Cancellation of Funds. The COUNTY reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. SPONSOR agrees that funds determined by the COUNTY to be surplus upon completion of the Project will be subject to cancellation by the COUNTY. The COUNTY shall be relieved of any obligation for payments if funds allocated to the COUNTY cease to be available for any cause other than misfeasance of the COUNTY itself. Payment may be suspended by the COUNTY in the event of a default by SPONSOR. 1.7 RIGHT OF FIRST REFUSAL If SPONSOR offers the Property for sale before thirty (30) years after the SPONSOR's receipt of the Certificate of Occupancy, or at any other time when there are existing mortgages on the Property funded by the SHIP Program, the SPONSOR must give a right of first refusal (ROFR) for a 90-day period, to experienced non-profit organizations, reasonably approved by the COUNTY, for purchase of the Property, at the then current market value, for continued occupancy by eligible persons. The 90-day right of first refusal period begins when a legal advertisement appears in a local newspaper of general circulation, or other method authorized by statute or regulation, offering the Property for sale to non-profit organizations. COUNTY approval of any non-profit organization submitting an offer of the full requested sale price, or any other offer considered in the sole determination of the COUNTY to be reasonable, will be based on the criteria listed in the affordable multi -family rental housing development strategy sponsor selection criteria, in the COUNTY's FY 2019 — 2022 SHIP Local Housing Assistance Plan. Either (a) the 90-day right of first refusal period expires and the SPONSOR is not a party to an active contract for purchase and sale of the Property with an eligible non-profit organization, reasonably approved by the COUNTY; or (b) a contract for purchase and sale of the property is entered into by the SPONSOR and an eligible non-profit organization, reasonably approved by CAO 16D6 the COUNTY, within such 90-day ROFR period but terminated but terminated by either party pursuant to the terms thereof subsequent to the 90-day period. 1.8 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Adrienne Meijer, Grants Coordinator Collier County Government Community and Human Services 3339 Tamiami Trail East, Suite 213 Naples, FL 34112 Email to: Adrienne.Meijer@collier.gov Telephone: 239-252-5229 SPONSOR ATTENTION: J. Scott Eller, Chief Executive Officer Community Assisted and Supported Living, Inc. 2911 Fruitville Road Sarasota, FL 34237 Email to: scott.eller@caslinc.org Telephone: 941-225-2373 Remainder of Page Intentionally Left Blank W CAO 1 6D6 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SPONSOR's fiscal year end. In addition, SPONSOR shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for 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 Statutes section 215.97(6) (Florida Single Audit Act), if SPONSOR expends a total amount of State awards equal to or in excess of $750,000 in any fiscal year, it must conduct a State single or project -specific audit for that fiscal year, in accordance with section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and Comptroller, and Chapter 10.650 of Rules of the Auditor General. SPONSOR shall ensure that the audit complies with the requirements of section 215.97(7), Florida Statutes. This includes submission of a reporting package, as defined by section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. SPONSOR must deliver the financial reporting package to the COUNTY within 60days after receipt, but not later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall submit the financial reporting package and Exhibit E to the Grant Coordinator. If SPONSOR expends less than $750,000 in State awards in its fiscal year, it is not required to conduct an audit in accordance with the provisions of section 215.97, Florida Statutes. In addition, if SPONSOR expends less than $750,000 in State awards in its fiscal year and still elects to have an audit in accordance with provisions of section 215.97, Florida Statutes, the cost of the audit must be paid from non -State Funds. 2.2 RECORDS AND DOCUMENTATION SPONSOR shall maintain sufficient records in accordance with the Florida Housing Finance Corporation (FHFC) program regulations, as provided in Exhibit B, to determine compliance with the requirements of this Agreement, the SHIP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to the following: A. All records required by SHIP regulations. to CAO 1 6 D 6 0 B. The SPONSOR shall maintain real property inventory records which clearly identify SHIP properties purchased, constructed, improved, or sold. Properties retained shall continue to meet eligibility criteria. C. SPONSOR shall create and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. D. SPONSOR shall make available to COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including Program Income. Program Income will be collected during payoffs and recognized in the annual budget. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SPONSOR shall maintain all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for three (3) years after the annual report is submitted, as prescribed in Florida Statutes section 119.021 However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SPONSOR ceases to exist after the closeout of this Agreement, it will notify the COUNTY in writing, of the address where the records are to be kept, as outlined in Florida Statutes section 119.021 SPONSOR shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SPONSOR upon termination of the Agreement and destroy any duplicate, exempt, or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES TO THE SPONSOW S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-58379 An,gel.Batesgcollier.g,ov, 3299 Tamiami Trail East, Naples, FL 34112. 11 CAO 1 6U6 F. SPONSOR is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under FHFC Income Guidelines. Income certification documentation will be reviewed at interim and closeout monitorings. SPONSOR agrees that CHS shall be the final arbiter on SPONSOR's compliance. G. SPONSOR shall document how it complied with the Program components, applicable regulations included in Exhibit B, and the eligibility requirement(s) under which Funding was received. This includes special requirements such as necessary and appropriate determinations, as defined in Exhibit B, including income certification and written agreements with beneficiaries, where applicable. H. DEVELOPER is encouraged to engage in efforts to assure compliance with the Fair Housing Act (423501 et. seq) through Fair Housing activities offered to real estate brokers, the general public, and other interested parties, and to track and report Fair Housing calls received. DEVELOPER shall establish a system to log all Fair Housing calls. The system must track the nature of the calls; actions taken in response to the calls; results of actions taken; and, if the caller was referred to another agency, the results obtained by the referral agency. DEVELOPER must submit this call log to the COUNTY quarterly. I. 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. J. 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 12 CA( 16D6 Agreement term and following completion of this Agreement if the SPONSOR does not transfer the records to the COUNTY. 2.3 MONITORING SPONSOR agrees that CHS may carry out at least one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. 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 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 proper and effective management of all Program and Fiscal activities of the Agreement. SPONSOR's internal control systems and all transactions and other significant events shall be clearly documented and readily available for monitoring by the COUNTY. SPONSOR shall provide the COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating 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. 13 CAO 6D6 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Sponsors, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: A. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to 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 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 to the COUNTY upwards of 5 percent (5%) of the award amount, at the discretion of the Board. • SPONSOR may be denied future consideration as set forth in Resolution No. 2013-228. C. If SPONSOR remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of its substantial noncompliance, by certified mail, CHS may require SPONSOR to return to the COUNTY a portion of the awarded grant amount, or the amount of the investment for acquisition of the properties conveyed. • CHS may require SPONSOR to return to the COUNTY upwards of 10 percent (10%) of the award amount, at the discretion of the Board. • SPONSOR will be in violation of Resolution No. 2013-228. D. If after repeated notification SPONSOR continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SPONSOR will be required to repay all Funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SPONSOR will be in violation of Resolution No. 2013-228. 14 CAO �6D6 If SPONSOR has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports and the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of proiect 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 30th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October or when final services are delivered, whichever is earlier, SPONSOR also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures, including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit D, which is the reporting form to be used in fulfilling this requirement. Other reporting requirements may be required by the County Manager or designee if there are Program changes, if 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 15 CAO PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS y 6D6 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 an independent contractor. 3.4 AMENDMENTS The COUNTY or SPONSOR may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SPONSOR from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SPONSOR. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds and must be implemented in full compliance with all SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC Funds pertaining to this Agreement. In the event 16 CAO 16D6 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: A. Require specific performance of the Agreement, in whole or in part B. Require the use of, or change in, professional property management, if applicable C. Require SPONSOR to immediately repay to the COUNTY all SHIP Funds it 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 17 C'AO r 6D641 herein, SPONSOR shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.7 INDEMNIFICATION To the maximum extent permitted by Florida law, SPONSOR shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SPONSOR or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of 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 and shall defend all suits in the name of the COUNTY and pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. 3.8 COUNTY RECOGNITION/SPONSORSHIPS SPONSOR agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digital, prepared and released by SPONSOR for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY FLORIDA HOUSING FINANCING COPORATION (FHFC) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION." The statement shall appear in the same size letters or type as the name of the SPONSOR. This design concept is intended to disseminate key information to the general public regarding the development team as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.9 INSURANCE SPONSOR shall not commence any work 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. 18 CAO 16D6,4-M 3.10 PURCHASING All purchasing for consumables, capital equipment, and services shall be made by purchase order or written contract in conformity and in full compliance with the procedures prescribed by applicable Florida Statutes (for example, section 287.017) and the Collier County Purchasing Policy, whichever is more stringent. Collier County Ordinance #2025-34 allows for contracting with not -for -profits through the approved exemption. Purchasing Threshold Policy Range: Competition Required $0 - $10,000 Single Quote $10,001 - $50,000 3 Quotes in Writing or through the COUNTY' S bidding platform $50,001 - $250,000 3 Quotes through COUNTY'S bidding platform $250,001+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part I Scope of Work, shall be performed by SPONSOR employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and State requirements. 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. It is expressly understood and agreed that any articles that are the subject of or required to carry out this Agreement shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in §946.515(2) and (4), F.S.; and for the purposes of this Agreement the SPONSOR shall be deemed to be substituted for the COUNTY insofar as dealings with such corporation are concerned. 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. 3.11 DEBARMENT SPONSOR certifies that none of its officers or agents have been debarred from bidding, proposing, or contracting for Federal, State, or Local government programs. SPONSOR assures that all its subcontractors who will participate in activities subject to this Agreement, are eligible and have not been debarred. 19 CAO 16D6 3.12 GRANT CLOSEOUT PROCEDURES SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. SPONSOR may close out the project with the COUNTY after the thirty (30) year affordability period has been met. The affordability period shall commence following the recording of lien and/or deed restriction documentation, as applicable. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), closeout monitoring, and determining the custodianship of records. In addition to the records retention outlined in Section 2.2 of this Agreement, SPONSOR shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. SPONSOR must return to the COUNTY any balance of unobligated Funds which have been advanced or paid. SPONSOR must also return to COUNTY any Funds paid exceeding the amount to which the SPONSOR is entitled under the terms and conditions of this Agreement. SPONSOR shall produce records and information that comply with Florida Statutes section 215.97, 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 in or owned in substantial part by persons residing in the project area shall be awarded contracts in connection with the project. SPONSOR is encouraged to comply with Section 3 of the Housing and Community Development Act of 1968. 3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES SPONSOR will use its best efforts to afford small businesses and minority and women owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least fifty-one (51) percent owned and controlled by minority group members or women. For the purposes of this definition, "minority group members" are Black Americans, Hispanic Americans, Asian/Pacific 20 CAO v 1 6D 6 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 Statutes Chapter 420, Section 420.9071-420.9079 F.S., and the Collier County Local Housing Assistance Plan (LHAP), 18 of the 20 households benefiting from SHIP funding through this Agreement must meet the requirement to be at or below 50 percent (50%) of the Area Median Income (AMI), as established by HUD. The remaining two households must meet the requirement to be no more than 80 percent (80%) of AMI. 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 by supporting documentation during interim monitoring and at closeout. 3.16 AFFIRMATIVE ACTION PLAN SPONSOR agrees that it is committed to carrying out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Prior to the award of Funds, SPONSOR shall submit a plan for an Affirmative Action Program to the COUNTY for approval. If the Affirmative Action Program is updated during the performance period of this Agreement, the updated plan must be submitted to the COUNTY within 60 days of any update/modification. 3.17 PROHIBITED ACTIVITY SPONSOR, or personnel employed in the administration of the program, are prohibited from using Funds provided herein, for political activities, sectarian or religious activities, lobbying, political patronage, and/or nepotism activities. 3.18 CONFLICT OF INTEREST SPONSOR covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project area or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement. SPONSOR also covenants it will not employ or subcontract any person having any conflict of interest. SPONSOR agrees that it will comply with all provisions of "Conflict of Interest," per Florida 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/DeveloperNendor 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 21 CAO v - 16D6 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, section 196.011. SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct State Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part. Sanctuaries, chapels, or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. 3.20 INCIDENT REPORTING If SPONSOR provides services to clients under this Agreement, SPONSOR and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. During the term of this Agreement, SPONSOR must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Incident Report Form (Exhibit G) 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 22 CAO i 6U6 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. 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. Any suit or 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, Florida, which courts have sole and exclusive jurisdiction on all such matter. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any 23 CAO v i 6 D- 6 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. Remainder of Page Intentionally Left Blank 24 CAO PART IV GENERAL PROVISIONS 6 D 6 4.1 Florida Statutes Chapter 420, Sections 420.907-420.9079, Florida Statutes, and Rule 67-37 Florida Administrative Code as amended- All the regulations regarding the SHIP program httl2://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0420/0420.html https://www.flrules.org/ atg ewa_ /�pterHome.asp?Chapter--67-37 4.2 Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF httl2s://www.justice.gov/crt/fair-housing-act- 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.comell.edu/cfr/text/24/ ap rt-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 1 U.S. Equal Employment Opportunity Commission eeoc. ov 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. 25 CAO Y 16DE 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/chqpter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eoI1246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/I 1478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.8 Immigration Reform and Control Act of 1986 5.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 1 Con rg ess.gov I Library of Congress 4.9 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 exempts non-profit charitable organizations from verifying an applicant's immigration status for federal benefits at 8 U.S.C. §1642(d). 4.10 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.11 The Americans with Disabilities Act of 1990: https://www.hug_ og_v/program_offices/fair_housing equal opp Americans with Disabilities Act of 1990, As Amended I ADA.g_ov 4.12 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. SPONSOR agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.13 False Claim; Criminal, or Civil Violation: SPONSOR must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.14 Political Activities Prohibited: None of the Funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 26 CAC i 6D6 4.15 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https•//www lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.16 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.aov/current/title-2/subtitle-A/chapter-1/part- 183 4.17 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. 4.18 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. 4.19 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 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:Hojp.j4ov/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.ley,.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0787/Sections/0787.06.htm1 4.20 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 27 CAO i6D6 shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.21 Venue - Any suit of action brought by either party to this Agreement against the other parry, 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). 4.22 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 4.23 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.le�4.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search_String=&U RL=0200-0299/0287/Sections/0287.133.htm1 4.24 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.tl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0448/0448.htm1 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. 28 CAO 16D(, 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-VerifyEmployerAgentkdhs.gov. 4.25 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. Department 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. 4.26 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. 4.27 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.28 Florida Statutes section 119.021 Records Retention Statutes & Constitution: View Statutes: Online Sunshine (state.fl.us) 4.29 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 4.30 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; 29 CAO 6D640 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 H) 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. 4.31 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 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. 4.32 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 30 CAO 1 6D6. IN WITNESS WHEREOF, the SPONSOR and the COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Dated: I Z (SEAL) Attest as to Chairman's L. Signature only WITNESSES: Wi ess #1 Signature Witness # 1 PrintedjNanie Witness #I hysical Address Witness #2 Si t ature V6:,Vj �L T Witness #2 Printed Name k-�j KNo(l wooA fl Sotwsc)Ac, F� Witness #2 Physical Address Approved as to fonn an legality: UDourtney L. DaSilva . ia'ih Assistant County Attorney Date: _ 21C AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: MOT- L. SA D RS, CHAIRPERSON Date: 12,1 ` 125 AS TO SPONSOR: COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. By: J. SeCfft ELLER, CEO Date: tj [Please provide eviclence ofsigning authority] 31 CA(-) W i 6D6 EXHIBIT A INSURANCE REQUIREMENTS 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: 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. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SPONSOR or the licensed design professional employed by the SPONSOR, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SPONSOR and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County 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, 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: 32 CAO 6D6 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 one hundred (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. 33 C-46 16D6 EXHIBIT It RENTAL REHABILITATION PROJECT REQUIREMENTS The Project will rehabilitate existing affordable residential rental housing in accordance with the S1IIP Program and Collier County I.IIAP FY 2025-2028. SPONSOR shall perform the following activity under this Agreement: a) Rehabilitate existing rental property 1) Affordability of SHIP -Assisted Units: For the duration of the Affordability Period (30 years). as defined in the Note and Mortgage/band Use Restriction Agreement (LURA) of even date., a minimum of 5 duplex units in the Project shall be SHIP -Assisted units. All SHIP -Assisted units in the Project shall be fixed and rented. or held available for rental. on a continuous basis to persons or families who at the commencement of occupancy shall have a verified annual income that does not exceed 80 percent of the Area Median Income (AMI) or 50 percent of the Area Median Income (AMI). as defined by the Department of Housing and Urban Development (I IUD). Rents on these units shall be restricted to SHIP Program rent limits. Maximum eligible income and rent limits are revised annually and are available from the COUNTY. SPONSOR covenants that a minimum of five (5) duplexes/20 households will be rented to income -eligible tenants, as defined by HUD. All units carry rent and occupancy restrictions throughout the 30-year affordability period., which remains in force regardless of transfer of ownership and shall he in accordance with the LURA (incorporated by reference) and Section 1.6 of this Agreement. SIIIP-Assisted units shall be reserved for and rented to households which qualify for the following: SHIP -Assisted Units According to Income Limits CASL Duplex Rehabilitation Project — Unit and Ahtl Summar. The table below outlines the number of duplexes, bedrootn counts, and Area Median Income (AMI) distribution for the project. Property otal # of # of Bedroom Total �— # of Bedrooms LI }� Duplexes er Duplex _ Bedrooms AMI Level _Jby AMl _ _ Duplex 5 4 20 50% AMI 18 Duplex - - - 80% AMI 2 _ Total Households 20 This Agreement incorporates. by reference. terms and conditions described in the Mortgage and Note of even date. and any other agreements enforcing the SHiP requirements associated with said Mortgage and Note. The Project budget of (THREE HUNDRED THOUSAND DOLLARS and NO CENTS ($300,000.00) is provided by the COUNTY through the SHIP Program. Project construction will commence and be completed as defined and set forth in 34 CAA v 1 6 D. 6 rehabilitation commence later than 120 days from the date of this Agreement, nor will rehabilitation be completed later than 24 months from the date of this Agreement. Rehabilitation will progress in accordance with the construction schedule submitted by SPONSOR to obtain financing. 2) Compliance: SPONSOR shall determine and verify the income eligibility of tenants for the Project in accordance with the Department of Housing and Urban Development (HUD) CFR Part 5 and Housing Opportunity through Modernization Act of 2016 (HOTMA) Final Rule as implemented by COUNTY. Income shall be calculated by annualizing verified sources of income for the household, as the amount of income to be received during the 12 months following the determination effective date. The Annual Gross Income, as defined in Florida Statutes Chapter 420, Section 420.9071(4) F.S., must be used to determine eligibility, and the SHIP Program income limits cannot be exceeded. SPONSOR shall maintain complete and accurate income records pertaining to each tenant occupying a SHIP -assisted unit. Onsite inspections will be conducted annually, upon reasonable prior written notice, to verify compliance with tenant income, rents, and minimum property standards as stated in Florida Statutes Chapter 420, Sections 420.907-420.9079 F.S., and Rule 67-37, Florida Administrative Code, as they may be amended from time to time. 3) Restriction on Use: SPONSOR is required to comply with all applicable program requirements of the SHIP Program, including but not limited to Florida. Statutes Chapter 420, Sections 420.907-420.9079 F.S. and Rule 67-37, Florida Administrative Code. Any or all of these regulations may but are not required to be specifically set forth in any additional loan documents executed in connection with the Loan. SPONSOR shall include such language as the COUNTY may require in any agreements with potential tenants of the Project, or any portion, thereof to evidence such requirements. 4) Default of Subordinate Mortgage: The Subordinate Mortgage and Note shall provide that a default shall occur if: A. Sale: if proceeds are not sufficient to pay off the mortgage note, the property owner (not - for -profit or for -profit) may contact the COUNTY regarding a settlement amount of the SHIP loan. B. Title transfer: either voluntarily or by operation of law, divested of title by judicial sale, levy, or other proceedings, including foreclosure or Deed in Lieu. C. Refinance: a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate with no cash out, in accordance with the "Subordination Policy." D. Property will no longer serve the intended target population. E. Repayment of the loan is required in full when any of the aforementioned conditions are met. Other defaults that may trigger repayment, if not cured within any applicable cure or notice period following a monitoring include: 35 16D6 F. Lack of SPONSOR compliance with the State statutes or County Codes, which is not corrected within 30 days of written notice from the COUNTY. G. If applicable, the SPONSOR has not begun to offer at least 5 duplex rental housing units to low-income families and individuals, in accordance with the provisions of Part 1 of Exhibit B on or before, July 1, 2025. H. SPONSOR abandons, and/or ceases to use the Property as affordable rental housing to tenants, without the prior written approval of the COUNTY. 5) Assurance of Public Purpose: SPONSOR covenants that if it is unable or unwilling to develop the property in accordance with the terms and conditions incorporated herein, no lease, sale, or title transfer to any third party shall occur prior to giving the COUNTY a 90-day notification. The COUNTY shall have the right, solely at the COUNTY's discretion, to purchase or find another SPONSOR to purchase the Project and carry out the eligible activities of the Program, for an amount not to exceed the amount of Funds provided by the COUNTY through the SHIP Program. 6) Affirmative Marketing: SPONSOR shall adopt appropriate procedures for affirmatively marketing the SHIP -assisted units. Affirmative marketing consists of good faith efforts to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area to the available housing. SPONSOR shall be required to use affirmative fair housing marketing practices in soliciting renters, determining eligibility, concluding transactions, and affirmatively further fair housing efforts. SPONSOR must maintain a file containing all marketing efforts (i.e., copies of newspaper ads, memos of phone calls, copies of letters, etc.) to be available for inspection upon request by the COUNTY. SPONSOR must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market to the available housing. SPONSOR must provide the COUNTY with an assessment of the affirmative marketing program. Assessment must include a) methods used to inform the public and potential renters about Federal fair housing laws and affirmative marketing policy, b) methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special outreach; c) records describing actions taken by the SPONSOR and/or owner to affirmatively market units; and d) records to assess the results of these actions. 7) Tenant Leases and Protections: Tenants applying for rental housing units shall be qualified on a first -qualified, first -served basis. Tenants must be income -eligible and must occupy the rental unit as a primary residence. SPONSOR shall comply with the provisions of the Florida Landlord Tenant Act defined in Chapter 83, Part II, of the Florida Statutes, SHIP Program, and COUNTY requirements, which prohibit certain lease terms. All tenant leases for assisted units shall be expressly subordinate to the Mortgage and shall contain clauses, among others, wherein each individual lessee: A. Agrees that the household income, household composition, and other eligibility requirements shall be deemed substantial and material obligations of the tenancy; that the tenant will comply promptly with all requests for information with respect thereto from SPONSOR or the COUNTY; and that tenant's failure to provide accurate information about household income or refusal to comply with a request for information with respect 36 CAO y 6D 6 thereto shall be deemed a violation of a substantial obligation of his/her tenancy; and B. Agrees not to sublease to any person or family who does not meet income qualifications as determined, verified, and certified by SPONSOR; and C. States that the rental unit is the primary residence of the tenant; Provides disclosure on any property in a flood zone and D. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed upon by SPONSOR and tenant. SPONSOR will submit to the COUNTY, a copy of the tenant/owner lease agreement prior to signature by the tenant. The COUNTY will review the lease for compliance with affirmative marketing, tenant selection, and SHIP provisions stated in Florida Statutes Chapter 420, Sections 420.907-420.9079 F.S., and Rule 67-37, Florida Administrative Code. 8) Project Requirements: SPONSOR agrees not to undertake any activity that may adversely affect historic or environmental sensitivity of the site, and to mitigate any findings identified in an environmental assessment. SPONSOR agrees that if the Project is located in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. Within 60 days of Agreement execution, SPONSOR shall develop and submit to CHS a rehabilitation schedule to include the following: TENTATIVE SCHEDULE (Not Condition of Payment) Initial Plans & Bid Specifications February 28, 2026 Bid Solicitation - (CASL projects will have multiple bids to be awarded due to the types of rehabilitation work to beperformed) April 30, 2026 Construction Contract & Permitting June 30,2026 Exterior/Interior Work Commenced September 30,2026 Construction Completion May 31, 2028 Project rehabilitation will commence and be completed in accordance with the schedule submitted, and in no event will rehabilitation commence later than 120 days from the date of this Agreement, nor will the Project be completed later than 24 months from the execution date of this Agreement. Further, "project completion date" will mean issuance of all certificates of occupancy and completion of initial lease -up. 9) Property Standards: SPONSOR attests that the Project will meet the standards of the Florida Building Code and all applicable local codes, standards, ordinances, and zoning ordinances at the time of project completion and throughout the duration of the affordability period. The Project will also meet the accessibility requirements at 24 CFR part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); covered multifamily 37 CAO w a6b6 dwellings, as defined at 24 CFR 100.201; and the design and construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (Florida Statutes sections 760.20-760.37). In accordance with the Local Housing Assistance Plan, SPONSOR shall follow each SHIP Program strategy requirement below: Energy Efficient Best Practices: Section 420.9075(3)(d), Florida Statutes defines Energy Efficient Best Practices as: Innovative design, green building principles, storm resistant construction, or other elements that reduce long term costs relating to maintenance, utilities, orinsurance. Collier County requires the use or inclusion, when appropriate, of the following: energy star appliances; low-E windows; additional insulation (for increased R-value); ceramic tile; tank - less water heater; 15 SEER air conditioning units; stucco; florescent light bulbs; and impact resistant windows and doors. 10) PropertyManagement: The COUNTY reserves the right to require SPONSOR to enter into a contract with a COUNTY approved property management firm for professional management services of the Property, providing leasing, rent collection, property maintenance and repair, and other property management tasks as the COUNTY may require. Such contract shall stipulate that the contract will not be amended or terminated without prior written consent of the COUNTY. 11) Program Set -Asides: SPONSOR must meet the following SHIP mandated program set - asides: a) At least 100 percent (100%) of the total available funds must be used for eighteen (18) households with less than 50 percent (50%) AMI, and two (2) households with no more than 80 percent (80%) AMI, adjusted for household size, as defined by HUD; b) At least 20 percent (20%) of households assisted must be special needs, as defined in Florida Statutes section 420.0004(13). 38 CAO 6 D- 6 EXHIBIT C COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Community Assisted and Supported Living, Inc. SPONSOR Address: 2911 Fruitville Road Sarasota, FL 34237 Project Name: Rental Rehabilitation Project No: SHRD-25-001_ Payment Request # Total Payment Minus Retainage Period of Availability: _ through Period for which the SPONSOR has incurred the indebtedness through SECTION II: STATUS OF FUNDS Sponsor CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ 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 Title Authorizing Grant Coordinator Supervisor (Approval required $14,999 and below) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) 39 EAU 16D6 10M11.1118C QUARTERLY PROGRESS REPORT Complete form for preceding quarter and submit to Community and Human Services staff by the 30th of the following quarterly month. Status Report for the Quarter Ending: Submittal Date: Project Name: Project Number: SPONSOR Name: Contact Person Telephone: Fax: Email: PROPERTY UNIT DATA Number of units under rehab this period Number of units completed this period Number of units completed to date EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor Address Amount of Contract INCOME DATA Client Income Category Income Amount What events/actions are scheduled for the next month? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Signature Date 40 CAO 16D6 EXHIBIT E 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/DD/YY 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 41 Effective January 1, 2025 EXHIBIT F 6D6 RESIDENT INCOME CERTIFICATION — Rental Florida Housing Finance Corporation State Housing Initiatives Partnership (SHIP) Program Effective Date: Allocation Year: Calculations performed using (check Pre-HOTMA Guidance HOTMA ❑ one): Guidance A. Certification Information (select one) a. Initial Certification b. Annual Recertification B. Subsidy Use (check all that apply) Multifamily Rental Transitional Housing Security and Deposits Direct Rental Assistance Homeless Prevention Other C. Household Information: Include all household members Member Full Name Relationship to Head Age I HEAD 2 3 6 7 8 D. Assets: All household members including assets owned by minnrq Member Asset Description Cash Value Income from 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 H-RIC Rev. 01/2025 Page 42 of 47 1 i Effective January 1, 2025 1 6 D 6 E. Anticipated Annual Income: Includes unearned income and support paid on behalf of minors. Member Wages / Salaries (include tips, commission, bonuses and Benefits / Pensions Public Assistance Other Income *Asset Income (Enter the greater of box D(b) or box D(c), above, in box E(e) below) Totals a b c d e 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.01/2025 Page 43 of 47 CAO 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 Income Limits for (yea') (MSA or County) Signature of the SHIP Administrator or His/Her Designated Representative: Signature Name (print or type) H. Household Data (to be completed by Head of Household only) Date Title Household elects to not participate. (Initials of Household Head) Head of Household Data By Race / Ethnici By Age White Black Hispanic Asian America jLlndinn Other 0 - 25 26 - 40 41 - 61 162 + Household Members Data Special Target / Special Needs Check all that apply to any member Farm worker Developmentally Disabled Homeless Elderly Special Needs (define) Special Needs NOTE: Information in this Section H is being gathered for statistical use only. No resident is required to give such information. SHIP H-RIC Rev. 01 /2025 Page 44 of 47 CAO mok. hoo 9 oN,dobl. _ 1' 1V1 lU4 11V U311 1' 111 SH%;V, 'UU1 FUI 4 LIU11 Florida Housing State Housing Initiatives Partnership 228 Noah 84197 - f x 85 48 5 8 0 • Tolloh orjd Florida 32301 (SHIP) Personal Property Asset ` 850 488 41D7 •fox 850 488 D809 • wwv. Aoridahouung org D w Calculation Worksheet 1 0 Applicant: Part 11: 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 Valu 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: SHIP H-RIC Rev. 01/2025 Total Actual Income [A] Total Imputed Income IBI Total Income from Assets Page 45 of 47 CAO Collier County j 6 D, Community & Human Services Division EXHIBIT G INCIDENT REPORT FORM Organization Name: Organization Address: Project No: Grant Coordinator: Date of Incident Time of Incident: Report Submitted By: ame & Phone Description of Incident: Location/Address of Incident: Was Police Report Filed? ❑ Yes ❑ No If Yes, Police Report Number: Jurisdiction: 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 +CAO Naples, FL 34112 Fax: (239) 252-2638 v 1 6D'6 EXHIBIT H COLLIER COUNTY COMMUNITY & HUMAN SERVICES WHISTLEBLOWER PROTECTIONS CERTIFICATION SPONSOR Name: SPONSOR Address: Employee Name: 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 I have reviewed and understand my Whistleblower rights and protections as provided above. Name: Signature: Title: Date: Your typed name here represents your electronic signature CAO