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Backup Documents 06/24/2014 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO o 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, ACA County Attorney Office cda c i 3 o i 4T 2. BCC Office Board of County Commissioners y X37 -'\_\'t.\ 3. Minutes and Records Clerk of Court's Office (^ PRIMARY CONTACT INFORMATION `1-( Normally the primary contact is the person who created prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional missing information. Name of Primary Staff Priscilla Doria,HHV Phone Number 239-252-53 2 Contact/ Department Agenda Date Item was June 24,2014 Agenda Item Number 16D1 Approved by the BCC Type of Document Agreement between Collier County and Number of Original 2 Attached Centro Campesino Farmworker Center, Inc. Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. ( itial) e.-.slicable) 1. Does the document require the chairman's original signature? D •2. Does the document need to be sent to another agency for additional signatures? If yes, //nn provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N 3. Original document has been signed/initialed for legal sufficiency. (All documents to be w 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 • Vit Office and all other parties except the BCC Chairman and the Clerk to the Board r/A- 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. r 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's /Q,()signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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 c.//,D time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. [I The document was approved by the BCC on (//D o74'/1T and all changes made during the meeting have been incorporated in t e attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for t '4 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1601 MEMORANDUM Date: July 7, 2014 To: Priscilla Doria, Grants Coordinator Housing, Human & Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Agreement w/Centro Campesino Farmworker Center, Inc. Attached is an original copy of the document referenced above, (Item #16D1) approved by the Board of County Commissioners on Tuesday, June 24, 2014. The second original amendment document will be held in the Minutes and Records Department for the Board's Official Record. If you have questions, please feel free to contact me at 252-8411. Thank you Attachment 160I Grant- SHIP FY 2011-2012 SHIP FY 2012-2013 SHIP FY 2013-2014 Activity: - Owner-Occupied Rehabilitation Program Subrecipient: - Centro Campesino- Farmworker Center,Inc. DUNS # - 173849191 CSFA# - 52.901 AGREEMENT BETWEEN COLLIER COUNTY AND CENTRO CAMPESINO-FARMWORKER CENTER, INC. THIS AGREEMENT is made and entered into this a 4 day of S cult 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Suite 211, Naples FL 34112, and "Centro Campesino-Farmworker Center, Inc." a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 35801 SW 186th Avenue, Florida City, Florida 33034-5508 WHEREAS, the COUNTY is the recipient of State Housing Initiatives Partnership Program (SHIP) Program funds; 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% of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2010-2013 Local Housing Assistance Plan, as amended, was adopted by the Board of County Commissioners on April 27, 2010, Resolution No. 2010-84; Fiscal Year 2013-2016 Local Housing Assistance Plan, as amended, was adopted by the Board of County Commissioners on April 23, 2013, Resolution No. 2013-94 and further amended on April 8, 2014, Resolution No 2014-67 (Item#16D10); and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the owner occupied rehabilitation as specified in Exhibit "A" of this Agreement and in accordance with the aforementioned Local Housing Assistance Plans; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Page 1 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, I. DEFINITIONS AND PURPOSE 1 613 1 1 A. DEFINITIONS Terms shall be as defined in the State Housing Initiatives Partnership (SHIP) Program, 420.9071 and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred as the SHIP Program). B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Service summarized in Section II of this Agreement. II. SCOPE OF SERVICE The SUBRECIPIENT shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits A-C (Program Narrative, Budget Narrative, and Disbursement Schedule) in accordance with the terms and conditions of "Requests for Applications, Owner-Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle Fiscals Years 2011-2012, 2012-2013, and 2013- 2014" and Subrecipient's Application. III. SPECIAL GRANT CONDITIONS A. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Equal Opportunity Policy 6. Sexual Harassment Policy IV. TIME OF PERFORMANCE This Agreement shall be in effect from June 24, 2014 through September 30, 2015 and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit B (Budget Narrative). V. AGREEMENT AMOUNT It is expressly agreed and understood that the total amount to be disbursed by the COUNTY for the use by the SUBRECIPIENT during the term of the Agreement shall be EIGHT HUNDRED FIFTY- SIX THOUSAND DOLLARS ($856,000.00). Page 2 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, The budget identified for the Project shall be as follows: 1 6 ® 1 Line Item Description SHIP Funds Project Component One: Rehabilitation to owner- $ 770,400.00 occupied units. Project Component Two: Project Delivery Fee $85,600*not to exceed for entire grant TOTAL $ 856,000.00 Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with Board approval. All services specified in Section II. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and State requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. SUBRECIPIENT 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 request. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of this Agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." VI. 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. Page 3 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, C) COLLIER COUNTY ATTENTION: Priscilla Doria, Grant Coordinator 1 6 0 1 Collier County Government Housing, Human & Veteran Services Department 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:PriscillaDoria@Colliergov.net Phone: 239-252-5312 SUBRECIPIENT ATTENTION: Diane Cantor, Executive Director Centro Campesino-Farmworker Center Inc. PO Box 343449 Florida City, FL 33034 Dcantor @ccfcfl.org (305)245-7738 extension 228 VII. GENERAL CONDITIONS A. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements as outlined in Section 420.907 of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code. The SUBRECIPIENT also agrees to comply with all other applicable state and local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT agrees to utilize funds available under this Agreement for the Owner Occupied Rehabilitation Program exclusively for repairs for persons and households, and for project delivery costs and construction costs associated with the each completed unit. B. CODE OF ETHICS AND CONDUCT The SUBRECIPIENT shall comply with the Code ethics and Conduct for Homeownership Professionals developed by the Advisory Council for the National Industry Standards for Homeownership Education and Counseling. Adhering to this code of ethics is critical to demonstrating ethical conduct within the housing counseling profession. This code of ethics is not intended to replace, but rather to supplement, any code of ethics that SUBRECIPIENT already uses in their organization. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent SUBRECIPIENT. Page 4 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, El) D. WORKERS' COMPENSATION 1, " D 1 The SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. INSURANCE The SUBRECIPIENT 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. F. INDEMNIFICATION The SUBRECIPIENT shall indemnify and hold Collier County harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits relating to this Agreement, and shall pay all costs and judgments which may issue thereon. In particular, the SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds which the COUNTY is obligated to refund the State arising out of the conduct of activities under this Agreement. G. GRANTOR RECOGNITION The SUBRECIPIENT shall ensure recognition of the role of the grantor agency and the SHIP Program in providing services under this Agreement. All publicity materials or notices pursuant to this Agreement shall be prominently labeled as to funding source. H. AMENDMENTS The COUNTY or SUBRECIPIENT 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 both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with State or local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. The COUNTY and/or SUBRECIPIENT 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 Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to Page 5 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, 0 this Agreement will be granted ninety (90) days prior to end date oilthY Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. SUSPENSION OR TERMINATION Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. In the event of any termination, all finished or unfinished documents, data, reports or other materials prepared by the SUBRECIPIENT under this Agreement shall, at the option of the COUNTY, become the property of the COUNTY. The COUNTY may also suspend or terminate this Agreement, in whole or in part, if the SUBRECIPIENT materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein, in addition to other remedies as provided by law. COUNTY shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the SUBRECIPIENT of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. If payments are withheld, Housing, Human and Veteran Services Department ("HHVS") staff shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: * Ineffective use of funds. Failure to comply with Section II, Scope of Service of this Agreement. * Failure to submit periodic reports as determined by the COUNTY. J. PURCHASING All purchasing for services and goods (all rehabilitation goods and services shall be in accordance with Exhibit A, Section C of this Agreement), including capital equipment, shall be made by either issuance of a purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Ordinance and Procedures. Page 6 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, 16131 Purchasing Threshold Policy Dollar Range ($) Quotes Under $3,000 1 Written Quote $3,000 to $50,000 3 Written Quotes Request for Proposal (RFP) Above $50,000 Invitation for Bid (IFB) VIII. ADMINISTRATIVE REQUIREMENTS A. RECORDS TO BE MAINTAINED The SUBRECIPIENT shall maintain all records required by the COUNTY that are pertinent to the activities to be funded under this Agreement as established in Exhibits "A" (Program Narrative). B. RETENTION The SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years fiscal years after the funds have been expended and accounted for and/or satisfaction of loans, whichever is later, provided applicable audits have been released. This means that for cases that were assisted you must retain all records no less than five (5) years after the loan has been satisfied, provided audits have been released, whichever is later. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the ten- year period, whichever occurs later. C. DISCLOSURE The SUBRECIPIENT shall maintain records in accordance with Florida's Public Records Law(Chapter 119, Florida Statutes). D. CLOSEOUTS The SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to, making final payments and determining the custodianship of records. SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be 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), and determining the Page 7 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Ei) i6D custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. E. AUDITS AND INSPECTIONS 1. Audits Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that the SUBRECIPIENT expends a total amount of State awards equal to or in excess of $500,000 in any fiscal year of such SUBRECIPIENT, the SUBRECIPIENT must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor General. In connection with these audit requirements, the SUBRECIPIENT shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 45 days after delivery of the financial reporting package to the SUBRECIPIENT, but no later than nine (9) months after the SUBRECIPIENT's fiscal year end. If the SUBRECIPIENT expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the SUBRECIPIENT expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. 2. Inspections The SUBRECIPIENT'S records with respect to any matters covered by this Agreement shall be made available to the COUNTY and/or the Florida Housing Finance Corporation (FHFC) at any time during normal business hours, as often as the COUNTY or the FHFC deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. F. MONITORING The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) Page 8 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, 9 1601 annual on-site monitoring visit and evaluation activities as determined necessary; in addition, FHFC may conduct a monitoring visit to inspect records and meet with homeowner. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. G. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution 2013-228, HHVS has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to HHVS within 15 days following the monitoring visit. o Any pay requests that have been submitted to the HHVS for payment cannot be submitted until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA)to the entity as needed in order to correct the non-compliance issue. 2. If in the case an entity fails to submit the corrective action plan in a timely manner to HHVS, HHVS may require a portion of the awarded grant amount be returned to HHVS. Page 9 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, (7) 16D1 o The County may require upwards of five percent (5%) of the awarded amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity may be considered in violation of Resolution 2013-228 3. If in the case an entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount be returned to the Department. o The County may require upwards of ten percent(10%) of the awarded amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution 2013-228 4. If in the case after repeated notification the entity continues to be substantially non-compliant, HHVS may recommend the contract or award be terminated. o HHVS will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution No. 2013-228 If in the case the entity has multiple agreements with the County and is found to be non-compliant, the above sanctions may be imposed across all awards at the Board of County Commissioner's discretion. H. PAYMENT PROCEDURES The COUNTY shall make payments to the SUBRECIPIENT as outlined in Exhibit C, Disbursement Schedule. The County will perform a review and inspection of the Project prior to each additional Disbursement, verifying that the costs claimed are allowable, unit rehabilitation is satisfactory and reports are timely as outlined under the provisions of this Agreement. Failure to submit required progress reports will result in payment delays. PROGRESS REPORTS The SUBRECIPIENT shall submit regular Monthly Progress Report (Exhibit F) to the COUNTY in the form, content and frequency required by the COUNTY. IX. CIVIL RIGHTS COMPLIANCE Page 10 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, 1601 The SUBRECIPIENT agrees that no person shall, on the ground of race, creed, color, religion, national origin, sex, handicap, familial status, marital status or age be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the SUBRECIPIENT in performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. The SUBRECIPIENT will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. X. PROHIBITED ACTIVITY The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, if such remainder would then continue to conform to the terms and requirements of applicable law. XII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-three (23) enumerated pages and the exhibits and attachments referenced herein, shall be executed in two counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. **Remainder of page intentionally left blank. Signature page to follow.** Page 11 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, 9Ui 1601 ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIG T E. BROC CLERK COLLIER CO TY, FL`J' DA CC__ By: �` ',,Deputy Clerk TOM HENNING, CHA ' , N c.olattl.20r4. Dated: ''� I �l ' Attest os t�; V�o an n s 31gnatllr :4n1y. Centro Campesino-Farmworker Center,Inc., By: . 01X4f2 Vet' eett Subrecipient Signature Make *( M Subrecipient Name u - .: i\ree4te Title /_/a�- a 1 L� �U Approved as to form and legality: JermSLA.Belpe+ Assistant County Alm ey This Agreement has been approved on 024 day of w,L ,2014. Agenda Item # Le b. I Item# al Cate � Gate 91411 iv Clerk Page 12 of 23 �'r� SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center,Inc, EXHIBIT A 1 6 D PROGRAM NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The Owner Occupied Rehabilitation Program is designed to assist income eligible homeowners that own and occupy their home by providing SHIP funds to assist with necessary repairs to correct code violations or emergency repairs that impact their health, safety and welfare. The home must be suitable for rehabilitation and located within the unincorporated and incorporated areas of Collier County. The Owner Occupied Rehabilitation Program shall at all times be administered in accordance with Collier County's Rehabilitation StandardsOrdinance No. 94-39, as amended, as it may be modified, and the Owner Occupied Rehabilitation Assistance Strategy as outlined in the County's 2010-2013 and 2013-2016 SHIP Local Housing Assistance Plans, as amended (Exhibit H and I). A. DESCRIPTION OF WORK TO BE PERFORMED The Collier County HHVS staff will advertise for, income qualify each homeowner, maintain any waiting lists, as applicable, and ensure that all applicable data is kept in each income qualified homeowner file. HHVS will include in its income certification of clients, those households which have been certified to meet the 20% special needs requirement. HHVS will ensure that the existing housing will not exceed 90 percent of the average area purchase price in the statistical area in which the eligible housing is located at the time of initial application. HHVS will ensure that prior to construction beginning; the homeowner(s) must execute a mortgage and promissory note for the maximum amount of assistance which will be modified after final completion of work to unit to reflect the actual amount of funds expended. HHVS will ensure compliance with all applicable SHIP regulations and coordinate with a third-party inspector to conduct final inspections of the completed rehabilitation. The third-party inspector will also evaluate the work write-ups prior to the SUBRECIPIENT issuing the ITB's. SUBRECIPIENT will carry out the housing rehabilitation contract management and inspection of the Owner Occupied Rehabilitation Program. SUBRECIPIENT shall perform technical and administrative work involving the repair and renovation of residential properties in the program following steps listed below: SUBRECIPIENT will meet with homeowner, and conduct an inspection of the home to determine the needs of the home along with any health safety issues not identified that would impact the County's ability to authorize the work. Once evaluation is complete, the SUBRECIPIENT will create a scope of work, including deliverables for the unit. SUBRECIPIENT will issue either a Request for Proposal (RFP) or Invitation to Bid (ITB) to potential building contractors. Each RFP will be advertised for at least twenty-one (21) days. Each ITB will be advertised for ten (10) days and in accordance to the Purchasing Ordinance. SUBRECIPIENT shall be responsible for issuing the RFP or ITB, responding to questions, conducting the walk-through with the potential contractors and making the recommendations for awards. Page 13 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, CAO 1613i SUBRECIPIENT shall issue a Notice to Proceed to the winning contractor with a specified period to begin and complete the contract. The time to complete the project will be identified in the scope of work. If the work takes longer than identified depending on unforeseen circumstances (weather, back orders of building materials, etc) the SUBRECIPIENT must document the delay and must gain prior approval by HHVS Grant Coordinator prior to authorizing the project's time extension. Close out documentation shall include copies of any warranties transferred to the homeowner, and submission of all final pay requests to HHVS. As issues arise, SUBRECIPIENT shall serve as mediator to resolve any contract disputes between homeowner and the contractors, while providing support and guidance to the homeowner throughout the process. B. WORKING HOURS Regular service shall be made available between the hours of 8:00 AM to 5:00 PM, Monday through Friday, excluding County recognized holidays. There may be times when the SUBRECIPIENT may have to accommodate the homeowner and be available after hours. C. ESTIMATES: The SUBRECIPIENT shall solicit a minimum of three (3) written estimates from licensed contractors on all rehab projects and provide those estimates to the County prior to final contractor selection for an independent review and evaluation. SUBRECIPIENT must verify contractor eligibility and proposal for work shall be reasonable and be within ten(10)percent of the cost estimate. D. LEVELS OF ACCOMPLISHMENT 1. Successful repair and closeout of an eligible owner-occupied housing unit. 2. Successful documentation and monthly submittal of Progress Reports. 3. Successful expenditure of fiscal year funding by scheduled deadline dates. E. PROJECT RECORDS The SUBRECIPIENT will be required to make all documents pertaining to the program available, upon request, without charge, to any federal, state or Collier County agency upon request. Records shall include at a minimum, the following and provide to the County as requested or at Project Closeout: 1. Written inspection report on the unit describing code violations, a work write-up providing detailed specifications to be used in addressing the code violations and general property and energy efficiency improvements, an in-house cost estimate, copies of all bid documents and bids (a minimum of three bids on each work Page 14 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, 1611 write-up). 2. Proof of a contractual agreement between Subrecipient and the homeowner and Subrecipient and the contractor (or subcontractors) licensed to pull required permits in Collier County. 3. Proof of completion of repairs identified in Exhibit C. Page 15 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, EXHIBIT B 16D1 BUDGET NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The total SHIP allocation to SUBRECIPIENT for the Owner-Occupied Rehabilitation Program shall be $856,000.00. Sources for these funds are as follows: Fiscal Year Project Delivery Rehab Fund Total Expenditure Deadline 2011-2012 $15,000* $135,000 $150,000 12/31/2014 2012-2013 $22,600* $203,400 $226,000 4/30/2015 2013-2014 $48,000* $432,000 $480,000 7/31/2015 Total Funds $85,600 $770,400 $856,000 *maximum project delivery Uses of these funds are as follows: Funds shall be disbursed in the following manner for the following uses: 1. Maximum funding per unit is $30,000. 2. At least 20% of SHIP FY 2013-2014 funds will be used to assist households with special needs or persons with developmental disabilities as defined in Section 393.063, Florida Statutes, with an emphasis on home modifications, including technological enhancements and devices, which allow homeowners to remain independent in their own homes and maintain their homeownership. 3. Fiscal Year 2011-2012 funding will only be used to assist those homes built before December 31,2010. 4. Fiscal Year 2013-2014 funding will only be used to assist those homes built before December 31, 2012. 5.A project delivery fee of 10% of the total award shall be paid for each completed unit for total compensation not to exceed $15,000 for FY11-12; $22,600 for FY 12-13; $48,000 for FY 13-14. Associated work to perform technical and administrative work involving the construction and renovation of residential properties. Page 16 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, v .nil) EXHIBIT C 160 _P DISBURSEMENT SCHEDULE 1. Upon satisfactory expenditure and with satisfactory completion of each unit rehabilitated, funds will be released. 2. Submission of Exhibit"E"-Request for Payment to include all supporting documentation; A. R ehabilitation Proof of completion of the repairs identified in the work write-up, as evidenced by the following: • Certificate of occupancy or hard cards showing County building official approval of work requiring County permit(if applicable); • A copy of the release of liens; • A copy of the invoice submitted to the Subrecipient by the contractor; • A copy of the check paid to the contractor (or copies of checks paid to subcontractors) by the SUBRECIPIENT; • Project Pictures (before and after); • Schedule of Values. Page 17 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, 'ff,,� EXHIBIT D 1 6 0 i REPORTING REQUIREMENTS OWNER-OCCUPIED REHABILITATION PROGRAM Contract Period State Date: June 24, 2014 Contract Period End Date: September 30, 2015 Type of Report Period Covered/Supporting Documents Date Due 1. Monthly Period covered by the previous month. By the 15th of the Progress Report following month. • Exhibit "F"- Monthly Progress Report Other: • Listing of any special issues or items of concern to SUBRECIPIENT relating to the Rehabilitation. 3.Financial & • Copy of Annual Audit 180 days after end of Compliance • Exhibit "G"-Annual Audit Monitoring Report fiscal year Audit 3. Invoice • Exhibit "E"- Request for Payment Upon final completion of a unit Page 18 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, EXHIBIT E � � 0 REQUEST FOR PAYMENT Sub recipient Name: Centro Campesino-Farmworker Center, Inc. Sub recipient Address: PO Box 343449, Florida City, FL 33034 Project Name: Owner- Occupied Rehabilitation Program SHIP FILE# Homeowners Property Address: Total Rehab Cost Requested: $ Total Project Delivery Requested $ (10% of total rehab cost) Total Invoice Cost Requested: $ Check documents provided with request for payment; Invoice from Contractor Cleared Check and/or Bank Statement Waiver of lien Release Schedule of Values Certification of Completion signed by Subrecipient and Homeowner Subrecipient Agreements with Contractor and Homeowner Permits issued, if applicable Certificate of Occupancy, if applicable Pictures: Initial and Final I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing HHVS Grant Coordinator HHVS Supervisor (approval authority under $15,000) HHVS Dept Director (approval required $15,000 and above) Page 19 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, (r 1601 EXHIBIT F MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Services'staff by the 15''of the following month. Status Report for Month of: Submittal Date: Project Name: SHIP Owner-Occupied Rehabilitation Project Number: SHIP-FY12; 13; 14 SUBRECIPIENT: Centro Campesino-Farmworker Center,Inc. Contact Person(s): Jorge Barrios,Director of Construction Mayra Rodriguez, Operations Manager Telephone: 305-245-7738 Ext. 236 Fax: 305-247-2619 E-mail: mrodriguez @ccfcfl.org PROPERTY UNIT DATA Number of units under rehab this period Number of units completed this period Number of units completed to date EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor Address Amount of Contract What events/actions are scheduled for the next month? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Date Signature Title Page 20 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, EXHIBIT G l6fli ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements,sign and date this form. Sub recipient Name Centro Campesino-Farmworker Center, Fiscal Year Inc. Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirement Page 21 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, c- 160i EXHIBIT H COLLIER COUNTY 2010-2013 LOCAL HOUSING ASSISTANCE PLAN (LHAP), as it may be amended. APPROVED APRIL 27, 2010, ITEM #16.D.11, RESOLUTION 2010-84 AMENDED MAY 14, 2013, ITEM# 16.D.8, RESOLUTION 2013-106 THE ENTIRE LHAP IS INCORPORATED BY REFERENCE Page 22 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, C_, 16 I3 EXHIBIT I COLLIER COUNTY 2013-2016 LOCAL HOUSING ASSISTANCE PLAN (LHAP), as it may be amended. APPROVED APRIL 23, 2013, ITEM # 16.D.4, RESOLUTION 2013-94 AMENDED APRIL 8, 2014, ITEM# 16.D.1, RESOLUTION 2014-67 THE ENTIRE LHAP IS INCORPORATED BY REFERENCE Page 23 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc,