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Backup Documents 06/27/2017 Item #16D11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP h TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 1 1 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 Z ( IZ-/ \1 2. BCC Office Board of County PT b Commissioners J /' / 3. Minutes and Records Clerk of Court's Office �' Ia+)l� i(,Sre w, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kristi Sonntag Phone Number 252-2486 Contact/ Department Agenda Date Item was 06/27/2017 / Agenda Item Number Approved by the BCC V r Type of Document SHIP OOR Agreements with Habitat for ZNumber of Original 6 (3) 1-kthi}O.} Attached Humanity and Rural Neighborhoods,Inc. Documents Attached (3)'i.troa , PO number or account number if document is N_ 1 / to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S.},ry, e O .1cs Nla 2. Does the document need to be sent to another agency for additi. • situ antic- .' es, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KS signed by the Chauuian,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 .ISS 4114 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 KS 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 KS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/27/2017 and all changes made KS during the meeting have been incorporated in the 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 the !,i 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 16011 MEMORANDUM Date: June 28, 2017 To: Kristi Sonntag, Grants Manager Community & Human Services From: Teresa Cannon, Deputy Clerk Minutes and Records Department Re: SHIP OOR Agreements w/Habitat for Humanity and Rural Neighborhoods, Inc. Attached for your records are two (2) originals of each document referenced above (Item #16D11) approved by the Board of County Commissioners on Tuesday, June 27, 2017. An original of each has been kept by the Minutes and Records Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you 16011 Grant- SHIP FY 2014-2015,2015-2016 and 2016-2017 Activity: - Owner-Occupied Rehabilitation Program Subrecipient: -Habitat for Humanity of Collier County,Inc. DUNS# -080676690 FETI#-591834379 CSFA# - 52.901 for FY 14/15 and 40.901 for FY 15/16 & 16/17 AGREEMENT BETWEEN COLLIER COUNTY AND Habitat for Humanity of Collier County, Inc. THIS AGREEMENT is made and entered into this a day of , 2017, by and between Collier County, a political subdivision of the State of Flori a, ("COUNTY" or Grantee")having its principal address as 3339 E. Tamiami Trail, Suite 211,Naples FL 34112, and Habitat for Humanity of Collier County,Inc.,a private not-for-profit corporation existing under the laws of the State of Florida,having its principal office 11145 Tamiami Trail East,Naples,Florida 34113 ("SUBRECIPIENT"). WHEREAS,the COUNTY is the recipient of State Housing Initiatives Partnership Program (SHIP) Program funds; and WHEREAS,pursuant to the SHIP 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 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; and WHEREAS,the Fiscal Year 2016-2019 Local Housing Assistance Plan,as amended,was adopted by the Board of County Commissioners on April 26, 2016, Resolution No. 2016-75 ;and WHEREAS,the COUNTY and the SUBRECIPIENT desire to provide the owner occupied rehabilitation as specified in Exhibit "B" 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 Page 1 of 29 ;. SHIP- Owner Occupied Rehabilitation 16D11 contained, it is agreed by the Parties as follows: I. DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Incentives 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 B-C(Program Narrative and Budget Narrative) in accordance with the terms and conditions of Requests for Applications,Owner-Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2014-2015,2015-2016 and 2016-2017 SUBRECIPIENT's Application dated May 5,2017. III. SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the implementation through completion of the project to include staff assignment. B. 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 Policy 4. Conflict of Interest Policy 5. Equal Opportunity Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794) 8. Fraud Policy 9. Marketing/Outreach Policy Page 2 of 29 SHIP- Owner Occupied Rehabilitation 16011 10. Waitlist Policy IV. PERIOD OF PERFORMANCE This Agreement shall be in effect from June 27,2017 through June 30,2019 and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit C (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 not exceed Nine Hundred Thousand and 00/100 Dollars ($900,000.00) The budget identified for the Project shall be as follows: Line Item Description SHIP Funds Project Component One: Rehabilitation to owner- $ 804,999.00 occupied units. (Maximum per unit in accordance with LHAP) $90,001.00* not to Project Component Two: Project Delivery Fee exceed for entire grant. (maximum of 10%per total project cost) Project Component Three: Inspection for non- $5,000.00 eligible properties (maximum $250.00) TOTAL $900,000.00 Modifications to the"Budget and Scope" may only be made if approved in advance by the COUNTY. Funds may be shifted to allow for the maximum number of units to be rehabilitated. 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 CHS,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 Page 3 of 29 SHIP- Owner Occupied Rehabilitation 161) 1 upon completion of the work tasks as accepted and approved by CHS pursuant to the submittal of pay packet.SUBRECIPIENT may not request disbursement of SHIP funds until funds are needed for eligible costs.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. In the event that an extension to payment submission is not granted by the Grant Coordinator, the SUBRECIPIENT shall forfeit all outstanding requests for payment not submitted, The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be requested in writing by the Subrecipient authorized in writing by the County Manager or designee. No payment will be made until approved by CHS and audited by the Collier County Clerk of Courts 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. COLLIER COUNTY ATTENTION: SHIP Grant Coordinator Collier County Government Community and Human Services 3339 E Tamiami Trial, Suite 211 Naples,Florida 34112 Phone: 239-252-5312 SUBRECIPIENT ATTENTION: Nick.Kouloheras Habitat for Humanity of Collier County 11145 Tamiami Trail East Naples,Florida 34113 Email to:nkouloheras@habitatcollier.org Phone: 239-775-0036 Page 4 of 29 SHIP- Owner Occupied Rehabilitation 161311 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, inspection for failed eligibility and client eligibility, outreach and construction costs associated with the each completed unit. B. CODE OF ETHICS AND CONDUCT The SUBRECIPIENT shall comply with the Code of 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 the 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. D. WORKERS' COMPENSATION The SUBRECIPIENT shall provide Workers'Compensation Insurance coverage for all of its employees involved in the performance of this contract. 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 in accordance with Exhibit A. F. INDEMNIFICATION Page 5 of 29 SHIP- Owner Occupied Rehabilitation 16011 To the maximum extent permitted by Florida law, the SUBRECIPIENT 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,omission,including,but not limited to,reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT 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 SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.The SUBRECIPIENT 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 shall pay all costs (including attorney's fees) and judgments which may issue there-on.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. G. GRANTOR RECOGNITION The SUBRECIPIENT agrees that all notices,informational pamphlets,press releases, advertisements,descriptions of the sponsorships of the Program,research reports and similar public notices prepared and released by the SUBRECIPIENT 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" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. H. AMENDMENTS The COUNTY and/or SUBRECIPIENT may amend this Agreement at any time Page 6 of 29 SHIP- Owner Occupied Rehabilitation 16011 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. 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. SUSPENSION OR TERMINATION Either party may terminate this Agreement at any time for any reason by giving written notice to the other party of such termination and specifying the effective date thereof at least 90 days before the effective date of such termination.Upon written termination all housing units that are currently in the rehabilitation process (i.e., CHS has approved initial inspection by3rd party inspector,a contract has been signed between SUBRECIPIENT and contractor and homeowner and an NTP has been issued) the rehabilitation must be completed within the 90 day window of written termination notice. No exceptions will be made. In the event of any termination for convenience, 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. If through any cause the SUBRECIPIENT,not as a result of the 2015 SHIP rehabilitation ordinance or delayed payments, shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the covenants, agreements, or stipulations of this Agreement,the 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, Community and Human Services Division 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. Page 7 of 29 SHIP- Owner Occupied Rehabilitation 16011 * 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 good and services shall be in accordance with Exhibit B of this Agreement),including capital equipment,shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range ($) Quotes Under $3K 1 Written Quote $3K to $50K 3 Written Quotes Request for Proposal (RFP) Above $50K Invitation for Bid (IFB), etc. The Subrecipient shall enter into contracts for improvements with the lowest,responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project 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 "B" (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, provided applicable audits have been released. 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 Page 8 of 29 SHIP- Owner Occupied Rehabilitation 16011 The SUBRECIPIENT shall maintain records in accordance with Florida's Public Information Law(F.S. 119). D. CLOSEOUTS 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),close out monitoring and determining the 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 180 days after the SUBRECIPIENT's fiscal year end. Submit the financial reporting package and Exhibit G to the Grant Coordinator. 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 Page 9 of 29 SHIP- Owner Occupied Rehabilitation 16011 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 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 CHS will carry out no less than one(1)annual on- site monitoring visit and evaluation activities as determined necessary. 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 CHS, submit information and status reports required by CHS to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS. 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, Community and Human Services (CHS) Division has adopted an escalation policy to ensure continued compliance by recipients, SUBRECIPIENTS, or any entity receiving grant funds from CHS. CHS'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 the Division within 15 days following the monitoring visit. Page 10 of 29 SHIP- Owner Occupied Rehabilitation 16011 • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS 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 the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of five percent (5%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. • 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 Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of ten percent(10%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. • 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, the Division may recommend the contract or award be terminated. • The Division 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. The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non-compliant, the above sanctions may be imposed across all awards at the Director's discretion. H. PAYMENT PROCEDURES The County or designee may perform a review and inspection of the Project prior to Page 11 of 29 SHIP- Owner Occupied Rehabilitation 16011 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 in accordance with Exhibit F may result in payment delays as determined by Community and Human Services. I. PROGRESS REPORTS The SUBRECIPIENT shall submit regular Quarterly Progress Report(Exhibit F)to the COUNTY in the form, content and frequency required by the COUNTY. IX. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses,minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "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 at least fifty-one (51) percent owned and controlled by minority group members or women.For the purpose of this definition,"minority group members"are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian- Americans,and American Indians.The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 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. AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from SHIP grant funds from FHFC and must be implemented in full compliance with all of SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC funds pertaining to this Page 12 of 29 SHIP- Owner Occupied Rehabilitation 16011 Agreement. In the event of curtailment or non-production of said state funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination,the SUBRECIPIENT 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 SUBRECIPIENT under the terms of this Agreement. XIII. DEFAULTS,REMEDIES,AND TERMINATION This Agreement may also be terminated for convenience by either the County or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination,the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the County determined 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. The following actions or inactions by SUBRECIPIENT 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 SHIP guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement,the County may seek any combination of one or more of the following remedies: Page 13 of 29 SHIP- Owner Occupied Rehabilitation 16011 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; 3. Require immediate repayment by SUBRECIPI ENT to the County of all SHIP funds SUBRECIPIENT t; Apply sanctions if determinehasd byreceived the under Countythis to beAgreemenapplicable; 4. 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination.If the Agreement is terminated by the County as provided herein,SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. XIV. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses,minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "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 at least fifty-one (51) percent owned and controlled by minority group members or women.For the purpose of this definition,"minority group members"are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian- Americans,and American Indians.The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. XV. AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966.The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. Page 14 of 29 SHIP- Owner Occupied Rehabilitation 10 1 6 1 XVI. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest,direct or indirect,in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest.Any possible conflict of interest on the part of the SUBRECIPIENT or its employees 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 of and participation of low and moderate-income residents of the project target area. The SUBRECIPIENT 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. XVII. INCIDENT REPORTING If services to clients are to be provided under this agreement,the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the County. XIX. RELIGIOUS ORGANIZATIONS State funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Florida Statue, Chapter 196.011.The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. Page 15 of 29 SHIP- Owner Occupied Rehabilitation 1601 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 that 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. XX. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) 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. Page 16 of 29 SHIP- Owner Occupied Rehabilitation 16011 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. ATTESTS ' DWIGHT E.'$RO"CK, CLERK BOARD I : .l TY COMMISSIONERS OF - 'L'tIrA:C:PIXOA-C-- COLLIER ' O I TY, FLORID Attest as to Ch '�aff ty Clerk By: - signature only. Chairman Pe airTaylor Date: id 027-/7 Dated: Liaq-I (SEAL) Habitat for Humanity of Collier County, Inc g4PA I 44 Subrecipie t ignature bsa 8, Lfkrvi/ Print Name Date: V /d-Di 0.1-o Approved as to form and legality: Jennifer A. Belped' �()-7 O� Assistant County Attorney Page 17 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. 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 SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2)years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above,the SUBRECIPEINT 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 Page 18 of 29 SHIP- Owner Occupied Rehabilitation 16011 less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C. 4001),the SUBRECIPIENT 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 contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an"All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Page 19 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT B 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 may be administered in accordance with Collier County's Rehabilitation Standards (incorporated by reference, and as amended) and shall be administered in accordance with the Owner Occupied Rehabilitation Assistance Strategy as outlined in the County's 2013-2016 and 2016-2019 SHIP Local Housing Assistance Plans, as amended (incorporated by reference). A. DESCRIPTION OF WORK TO BE PERFORMED CHS will be responsible for final approval of income eligibility of all applicants.CHS is responsible for recording liens against the homeowner prior to the issuance of the NTP and once the improvements are completed. CHS will ensure compliance with respect to all applicable SHIP regulations and coordinate with a third-party inspector to conduct the initial and final inspections of the completed rehabilitation. The third-party inspector will also evaluate the property and work write-ups prior to the SUBRECIPIENT issuing the ITB's or requests for quote. The SUBRECIPIENT will carry out the housing rehabilitation contract management and inspection of the Owner Occupied Rehabilitation Program. The SUBRECIPIENT shall perform technical and administrative work involving the repair and renovation of residential properties in the program similar to the following steps listed below: 1.Meet with homeowner,conduct testing and provide evaluation 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 for the unit and an Independent Cost Estimate and submit to CHS for review and approval. 2.The SUBRECIPIENT will issue an Invitation to Bid (ITB)or quote utilizing the County's Purchasing Policy to potential building contractors for each property. Each ITB or quote will be advertised in accordance with the County Purchasing Policy. SUBRECIPIENT shall be responsible for issuing the ITB or quote,responding to questions,conducting the walk-through with the potential contractors(if necessary) and making the recommendations for awards. 3. The SUBRECIPIENT shall have 120 days from NTP approval by CHS until final inspection approval, by the third party inspector to complete the rehabilitation. In the event that the Page 20 of 29 SHIP- Owner Occupied Rehabilitation 16011 SUBRECIPIENT fails to complete the necessary rehabilitation within the time frame the project delivery fee associated with the unit shall be forfeited unless CHS allows time extension. In the event of an unforeseen delay a written explanation and approval must be obtained from the SUBRECIPIENT , for CHS to allow any time extension to the rehabilitation. 4. In the event a change order is necessary,the SUBRECIPIENT is permitted to authorize a change order up to $500.00 per rehabilitation unit. No change order will be approved if the change order exceeds the per unit maximum as outlined in the LHAP. In the event the change order exceeds $500.00,the SUBRECIPIENT shall seek prior approval from CHS staff and/or the County's third party inspector. The Change order approval must be in writing and submitted at the time of the payment request. In the event that the approval is not obtained or provided,the SUBRECIPIENT will not be reimbursed. 5 .Close out documentation, any warranties transferred to homeowner, and submission of all final pay requests to CHS. 6. As issues arise, the 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 estimates/quotes based on the County Purchasing Policy referenced herein, on all rehab projects and provide those estimates to the County prior to final contractor selection. D. LEVELS OF ACCOMPLISHMENT 1. Successful repair and closeout of an eligible owner-occupied housing unit. 2. Quarterly submittal of Progress Reports. E. PROJECT RECORDS The SUBRECIPIENT will be required to make working papers 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 Page 21 of 29 SHIP- Owner Occupied Rehabilitation 16011 Property/Project Closeout: 1. Written inspection report on the unit describing code violations, or issues deemed a health, safety and/or welfare issue, or emergency repairs; a work write-up providing detailed specifications to be used in addressing the code violations or health/safety/welfare issues or, and general property and energy efficiency improvements,an in-house cost estimate,copies of all bid documents and recieved bids. 2. Copy of executed contractor purchase order/agreement and homeowner agreement. 3. Evidence of complete and successful repair of an eligible housing unit. 4. Proof of an acknowledge agreement between the SUBRECIPIENT and the homeowner and a contractual agreement between the SUBRECIPIENT and the contractor(or subcontractors) licensed to pull required permits in Collier County. 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; • Inspection by the CHS third party inspector as to the completion of work performed by the contractor(or subcontractors); • A copy of the release of liens for each contractor; • A copy of the check paid to each contractor (or copies of checks paid to subcontractors) by the SUBRECIPIENT. • Before and after pictures of work completed. • Signature of homeowner confirming satisfaction of work completed. In case of a refusal of signature on behalf of the homeowner,a letter from the SUBRECIPIENT is required. • Change orders, if applicable and documentation of approval. • Bid documents (solicitation notice, bid tabulation and bid advertisement.) Page 22 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT C BUDGET NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The total SHIP allocation to SUBRECIPIENT for the Owner-Occupied Rehabilitation Program shall not exceed Nine Hundred Thousand and 00/100 Dollars ($900,000). Sources for these funds are as follows: Fiscal Year Project Inspection for Rehab Fund Total Delivery Non Eligible: 2014-2015 $14,000.00 $1,250.00 $124,750.00 $140,000.00** 2015-2016 $20,378.00* $1,250.00 $182,146.00 $203,774.00** 2016-2017 $55,623.00* $2,500.00 $498,103.00 $556,226.00** Total Funds $90,001.00 $5,000.00 $804,999.00 $900,000.00 *maximum project delivery ** expenditure deadline for 14/15 and 15/16 is June 2018 and 16/17 is June 2019 or as extended and approved by Florida Housing Finance Corporation Funds may be shifted between project delivery, inspection for non-eligible and rehab to allow for the maximum amount of funds to be expended. A housing unit can not be split between FY funding allocations Uses of these funds are as follows: Funds shall be disbursed in the following manner for the following uses: 1. Maximum rehabilitation funding per unit is in accordance to the LHAP. 2.A project delivery fee, to complete program management and other project compliance activities conducted by staff or contracted party, of 10% of the rehabilitation cost shall be paid for each completed unit.Associated work to perform technical and administrative work involving the construction and renovation of residential properties. 3.An inspection fee of $250.00 will be paid for those homes that fail to meet the rehabilitation standards. This fee is only paid when a property fails to meet the criteria and no other fees will be paid to the SUBRECIPIENT in such circumstances. Page 23 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT D REPORTING REQUIREMENTS OWNER-OCCUPIED REHABILITATION PROGRAM Type of Report Period Covered/Supporting Documents Date Due 1. Quarterly By the 15th of the Progress Report • Exhibit"F"- Quarterly Progress Report following month. Other: • Listing of any special issues or items of concern to SUBRECIPIENT relating to the Rehabilitation. 2. Financial & • Copy of Annual Audit 180 days after end of Compliance Audit • Exhibit "G"- Annual Audit Monitoring Report fiscal year, until monitoring end date 3. Insurance • Liability and Office and Director Annually within 30 days of expiration 4. Invoice Exhibit "E"-Request for Payment Monthly or upon rehab completion whichever comes first Page 24 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT "E" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Sub recipient Address: Project Name: SHIP Owner Occupied Rehabilitation Project No: Payment Request# Total Payment : Period of Availability: The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $0.00 2. Sum of Past Claims Paid on this Account $0.00 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $0.00 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $0.00 I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Authorizing Grant Coordinator Accountant Supervisor Department Director (approval required $15,000 and above) (approval required$15,000 and above) Page 25 of 29 SHIP- Owner Occupied Rehabilitation EXHIBIT "F" 1 6 0 11 Quarterly PROGRESS REPORT Complete form for past month and submit to Community and Human Services staff by the 10' of the following month. Status Report for the Quarter Ending: Submittal Date: Project Name: Owner-Occupied Rehabilitation Project Number: SHIP FY 14-15 15-16 or SHIP 16-17 SUBRECIPIENT: Contact Person: Telephone: Fax: E-mail: PROPERTY UNIT DATA Number of units under rehab this period Number of units completed this period Number of units completed to date EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor Address Amount of Contract What events/actions are scheduled for the next month? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Date Signature Page 26 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT "G" ANNUAL AUDIT MONITORING REPORT Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by OMB Circular A-133,for fiscal years beginning before December 26,2014,and established by 2 CFR Part 200,Subpart F-Audit' Requirements,for fiscal years beginning on or after December 26, 2014. This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most during most recently completed Fiscal Year recently completed Fiscal Year $ $ Check A or B. Check C if applicable. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit 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. We are not subject to the requirements of OMB Circular A-133 ort CFR Part 200, Subpart F because we: ❑ El Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization El Are exempt for other reasons explain An audited financial statement is attached and if applicable, the independent auditor's management letter. Findings were noted,a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written ❑ response to the finding(s),we are requesting an updated status of the corrective action(s)being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Page 27 of 29 SHIP- Owner Occupied Rehabilitation 1 6 D 1 1 EXHIBIT "H" COLLIER COUNTY CONSTRUCTION REHAB PROGRAM MANUAL OF PRACTICE SELECTIVE REHAB PROCEDURES as may be amended from time to time. Page 28 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT "I" ORDINANCE "COLLIER COUNTY OWNER-OCCUPIED REHABILITATION PROGRAM" Page 29 of 29 SHIP- Owner Occupied Rehabilitation 1 60 11 Grant-SHIP FY2014-2015,2015-2016 and 2016-2017 Activity: - Owner-Occupied Rehabilitation Program Subrecipient: -Rural Neighborhoods, Incorporated DUNS#-605098438 FETI#-65-1238417 CSFA#- 52.901 for FY 14/15 and 40.901 for FY 15/16 and 16/17 AGREEMENT BETWEEN COLLIER COUNTY AND Rural Neighborhoods,Incorporated in 4h THIS AGREEMENT is made and entered into this o2 1 day of , 2017, by and between Collier County, a political subdivision of the State of Flonda, ("COUNTY" or Grantee")having its principal address as 3339 E. Tamiami Trail, Suite 211,Naples FL 34112, and Rural Neighborhoods,Incorporated,a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office 19308 SW 380th Street Florida City, Florida 3303 4("SUBRECIPIENT"). WHEREAS,the COUNTY is the recipient of State Housing Initiatives Partnership Program (SHIP)Program funds; and WHEREAS,pursuant to the SHIP 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 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; and WHEREAS,the Fiscal Year 2016-2019 Local Housing Assistance Plan,as amended,was adopted by the Board of County Commissioners on April 26, 2016,Resolution No. 2016-75 ;and WHEREAS,the COUNTY and the SUBRECIPIENT desire to provide the owner occupied rehabilitation as specified in Exhibit "B" 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 29 SHIP-Owner Occupied Rehabilitation 16011 I. DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Incentives 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 B-C(Program Narrative and Budget Narrative) in accordance with the terms and conditions of Requests for Applications,Owner-Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2014-2015,2015-2016 and 2016-2017 SUBRECIPIENT's Application dated May 4,2017. III. SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the implementation through completion of the project to include staff assignment. B. 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 Policy 4. Conflict of Interest Policy 5. Equal Opportunity Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794) 8. Fraud Policy 9. Marketing/Outreach Policy 10. Waitlist Policy Page 2 of 29 SHIP-Owner Occupied Rehabilitation 1 60 11 IV. PERIOD OF PERFORMANCE This Agreement shall be in effect from June 27,2017 through June 30,2019 and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit C (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 not exceed Six Hundred Thousand and 00/100 Dollars($600,000). The budget identified for the Project shall be as follows: Line Item Description SHIP Funds Project Component One: Rehabilitation to owner- $ 536,250.00 occupied units. (Maximum per unit in accordance with LHAP) $60,000* not to exceed Project Component Two: Project Delivery Fee for entire grant. (maximum of 10%per total project cost) Project Component Three: Inspection for non- $3,750.00 eligible properties(maximum$250.00) TOTAL $600,000.00 Modifications to the"Budget and Scope"may only be made if approved in advance by the COUNTY. Funds may be shifted to allow for the maximum number of units to be rehabilitated. 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 CHS,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 CHS pursuant to the submittal of pay packet.SUBRECIPIENT may not request disbursement of SHIP funds until funds are needed for eligible costs.Reimbursement will not occur if SUBRECIPIENT fails to Page 3 of 29 SHIP- Owner Occupied Rehabilitation 1. 6 0 11 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. In the event that an extension to payment submission is not granted by the Grant Coordinator, the SUBRECIPIENT shall forfeit all outstanding requests for payment not submitted. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be requested in writing by the Subrecipient authorized in writing by the County Manager or designee. No payment will be made until approved by CHS and audited by the Collier County Clerk of Courts 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. COLLIER COUNTY ATTENTION: SHIP Grant Coordinator Collier County Government Community and Human Services 3339 E Tamiami Trial, Suite 211 Naples,Florida 34112 Phone: 239-252-5312 SUBRECIPIENT ATTENTION: Rural Neighborhoods, Incorporated P.O. Box 343529 Florida City, Florida 33034 Email to: stevekirk@ruralneighborhoods.org Phone: 305-242-2142 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. Page 4 of 29 SHIP- Owner Occupied Rehabilitation 16011 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, inspection for failed eligibility and client eligibility, outreach and construction costs associated with the each completed unit. B. CODE OF ETHICS AND CONDUCT The SUBRECIPIENT shall comply with the Code of 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 the 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. D. WORKERS' COMPENSATION The SUBRECIPIENT shall provide Workers'Compensation Insurance coverage for all of its employees involved in the performance of this contract. 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 in accordance with Exhibit A. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT 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,omission,including,but not limited to,reasonable attorneys'fees and paralegals' fees, to the extent caused by the negligence, recklessness, or Page 5 of 29 SHIP-Owner Occupied Rehabilitation 16011 intentionally wrongful conduct of the SUBRECIPIENT 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 SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.The SUBRECIPIENT 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 shall pay all costs (including attorney's fees) and judgments which may issue there-on.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. G. GRANTOR RECOGNITION The SUBRECIPIENT agrees that all notices,informational pamphlets,press releases, advertisements,descriptions of the sponsorships of the Program,research reports and similar public notices prepared and released by the SUBRECIPIENT 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" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. H. AMENDMENTS 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. Page 6 of 29 SHIP- Owner Occupied Rehabilitation 1 6 D 1 1 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. 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 90 days before the effective date of such termination. Upon written termination all housing units that are currently in the rehabilitation process i.e., CHS has approved initial inspection by 3rd party for rehabilitation projector a contract has been signed between SUBRECIPIENT and contractor must be completed within the 90 day window of written termination notice. No exceptions will be made. In the event of any termination for convenience,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. If through any cause the SUBRECIPIENT shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or violates any of the covenants, agreements,or stipulations of this Agreement,the 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,Community and Human Services Division 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 Page 7 of 29 SHIP- Owner Occupied Rehabilitation 16011 All purchasing for services and goods(all rehabilitation good and services shall be in accordance with Exhibit B of this Agreement),including capital equipment,shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range($) Quotes Under$3K 1 Written Quote $3K to$50K 3 Written Quotes Request for Proposal(RFP) Above $50K Invitation for Bid(IFB),etc.. The Subrecipient shall enter into contracts for improvements with the lowest,responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 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"B"(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, provided applicable audits have been released. 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 Information Law(F.S. 119). D. CLOSEOUTS Page 8 of 29 SHIP- Owner Occupied Rehabilitation 1 6011 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),close out monitoring and determining the 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 ofunobligated 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 180 days after the SUBRECIPIENT's fiscal year end. Submit the financial reporting package and Exhibit G to the Grant Coordinator. 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 Page 9 of 29 SHIP- Owner Occupied Rehabilitation 16011 Agreement shall be made available to the COUNTY and/or the 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 CHS will carry out no less than one(1)annual on- site monitoring visit and evaluation activities as determined necessary. 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 CHS, submit information and status reports required by CHS to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS. 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, Community and Human Services (CHS)Division has adopted an escalation policy to ensure continued compliance by recipients, SUBRECIPIENTS, or any entity receiving grant funds from CHS. CHS'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 the Division within 15 days following the monitoring visit. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. Page 10 of 29 SHIP- Owner Occupied Rehabilitation 16011 • CHS 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 the Division,the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of five percent(5%)of the awarded amount be returned to the Division, at the discretion of the CHS Director. • 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 Division of their substantial non-compliance by certified mail;the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of ten percent(10%)of the awarded amount be returned to the Division, at the discretion of the CHS Director. • 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, the Division may recommend the contract or award be terminated. • The Division 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. The entity will be considered in violation of Resolution No.2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non-compliant, the above sanctions may be imposed across all awards at the Director's discretion. H. PAYMENT PROCEDURES The County or designee may 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 in accordance with Exhibit F may result in payment delays as determined by Community and Human Page 11 of 29 SHIP- Owner Occupied Rehabilitation 16011 Services. I. PROGRESS REPORTS The SUBRECIPIENT shall submit regular Quarterly Progress Report(Exhibit F)to the COUNTY in the form,content and frequency required by the COUNTY. IX. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses,minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "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 at least fifty-one (51) percent owned and controlled by minority group members or women.For the purpose of this definition,"minority group members"are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian- Americans,and American Indians.The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 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. AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from SHIP grant funds from FHFC and must be implemented in full compliance with all of SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the event of curtailment or non-production of said state funds,the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which Page 12 of 29 SHIP- Owner Occupied Rehabilitation 16011 termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment,that the funds are no longer available. In the event of such termination,the SUBRECIPIENT 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 SUBRECIPIENT under the terms of this Agreement. XIII. DEFAULTS,REMEDIES,AND TERMINATION This Agreement may also be terminated for convenience by either the County or the SUBRECIPIENT,in whole or in part,by setting forth the reasons for such termination,the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the County determined 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. The following actions or inactions by SUBRECIPIENT 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 SHIP guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement,the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; Page 13 of 29 SHIP- Owner Occupied Rehabilitation 16011 3. Require immediate repayment by SUBRECIPIENT to the County of all SHIP funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination.If the Agreement is terminated by the County as provided herein,SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement, XIV. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses,minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "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 at least fifty-one (51) percent owned and controlled by minority group members or women.For the purpose of this definition,"minority group members"are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian- Americans,and American Indians.The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. XV. AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966.The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. XVI. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any Page 14 of 29 SHIP- Owner Occupied Rehabilitation 16011 functions or responsibilities in connection with the Project, has any personal financial interest,direct or indirect,in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest.Any possible conflict of interest on the part of the SUBRECIPIENT or its employees 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 of and participation of low and moderate-income residents of the project target area. The SUBRECIPIENT 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. XVII. INCIDENT REPORTING If services to clients are to be provided under this agreement,the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child,aged person, or disabled adult to the County. XIX. RELIGIOUS ORGANIZATIONS State funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Florida Statue, Chapter 196.011.The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of 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 that it does not use direct State funds to support any Page 15 of 29 SHIP-Owner Occupied Rehabilitation 16011 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. XX. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) 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. Page 16 of 29 SHIP- Owner Occupied Rehabilitation 16011 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. ;:r ATTEST: ,., DWIGHT E. BROC CLERK BOARD r ,4 .' TY COMMISSIONERS OF r„___ COLLIE•*. O P ' Y, FLORIDA /, Attest alto Chairllirspt'Clerk By: J dr signature only. ' Penny Taylo�% airman Date: 6) -077-/-4 Dated: 04-4 VA-- (SEAL) Rural Neighborhoods,Incorporated By: Allliev Subreci•*ent St 1.-.• I - 'fV 7V .,/c-z /2'ff/Df/r i Print Name Date: 6/v/7 _ Approved as to form and legality: V I .,_4______\ /\ Jennifer A. Belpedio Assistant County Attorney ad [17-SOC-0075411341506/1] Page 17 of 29 SHIP-Owner Occupied Rehabilitation 16011 EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. 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 SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2)years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above,the SUBRECIPEINT 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 Page 18 of 29 SHIP- Owner Occupied Rehabilitation 16011 structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),the SUBRECIPIENT 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 contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Page 19 of 29 SHIP-Owner Occupied Rehabilitation 16011 EXHIBIT B 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 may be administered in accordance with Collier County's Rehabilitation Standards (incorporated by reference, and as amended) and shall be administered in accordance with the Owner Occupied Rehabilitation Assistance Strategy as outlined in the County's 2013-2016 and 2016-2019 SHIP Local Housing Assistance Plans, as amended (incorporated by reference). A. DESCRIPTION OF WORK TO BE PERFORMED CHS will be responsible for final approval of income eligibility of all applicants.CHS is responsible for recording liens against the homeowner prior to the issuance of the NTP and once the improvements are completed. CHS will ensure compliance with respect to all applicable SHIP regulations and coordinate with a third-party inspector to conduct the initial and final inspections of the completed rehabilitation. The third-party inspector will also evaluate the property and work write-ups prior to the SUBRECIPIENT issuing the ITB's or requests for quote. The SUBRECIPIENT will carry out the housing rehabilitation contract management and inspection of the Owner Occupied Rehabilitation Program.The SUBRECIPIENT shall perform technical and administrative work involving the repair and renovation of residential properties in the program similar to the following steps listed below: 1.Meet with homeowner,conduct testing and provide evaluation 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 for the unit and an Independent Cost Estimate and submit to CHS for review and approval. 2.The SUBRECIPIENT will issue an Invitation to Bid (ITB) or quote utilizing the County's Purchasing Policy to potential building contractors for each property. Each ITB or quote will be advertised in accordance with the County Purchasing Policy.SUBRECIPIENT shall be responsible for issuing the ITB or quote,responding to questions,conducting the walk-through with the potential contractors(if necessary)and making the recommendations for awards. 3. The SUBRECIPIENT shall have 120 days from NTP approval by CHS until final inspection approval, by the third party inspector to complete the rehabilitation. In the event that the SUBRECIPIENT fails to complete the necessary rehabilitation within the time frame the project delivery fee associated with the unit shall be forfeited unless CHS allows time extension. In the Page 20 of 29 SHIP- Owner Occupied Rehabilitation 16011 event of an unforeseen delay a written explanation and approval must be obtained from the SUBRECIPIENT,for CHS to allow any time extension to the rehabilitation. 4.In the event a change order is necessary,the SUBRECIPIENT is permitted to authorize a change order up to $500.00 per rehabilitation unit.No change order will be approved if the change order exceeds the per unit maximum as outlined in the LHAP. In the event the change order exceeds $500.00,the SUBRECIPIENT shall seek prior approval from CHS staff and/or the County's third party inspector. The Change order approval must be in writing and submitted at the time of the payment request. In the event that the approval is not obtained or provided,the SUBRECIPIENT will not be reimbursed. 5 .Close out documentation, any warranties transferred to homeowner, and submission of all final pay requests to CHS. 6.As issues arise, the 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. ESTIMA I ES: The SUBRECIPIENT shallsolicit estimates/quotes based on the County Purchasing Policy referenced herein, on all rehab projects and provide those estimates to the County prior to final contractor selection. D. LEVELS OF ACCOMPLISHMENT 1. Successful repair and closeout of an eligible owner-occupied housing unit. 2. Quarterly submittal of Progress Reports. E. PROJECT RECORDS The SUBRECIPIENT will be required to make working papers 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: Page 21 of 29 SHIP- Owner Occupied Rehabilitation 16011 1. Written inspection report on the unit describing code violations,or issues deemed a health, safety and/or welfare issue, or emergency repairs; a work write-up providing detailed specifications to be used in addressing the code violations or health/safety/welfare issues or, and general property and energy efficiency improvements,an in-house cost estimate,copies of all bid documents and recieved bids. 2. Copy of executed contractor purchase order/agreement and homeowner agreement. 3. Evidence of complete and successful repair of an eligible housing unit. 4. Proof of an acknowledge agreement between the SUBRECIPIENT and the homeowner and a contractual agreement between the SUBRECIPIENT and the contractor(or subcontractors) licensed to pull required permits in Collier County. 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; • Inspection by the CHS third party inspector as to the completion of work performed by the contractor(or subcontractors); • A copy of the release of liens for each contractor; • A copy of the check paid to each contractor (or copies of checks paid to subcontractors)by the SUBRECIPIENT. • Before and after pictures of work completed. • Signature of homeowner confirming satisfaction of work completed. In case of a refusal of signature on behalf of the homeowner,a letter from the SUBRECIPIENT is required. • Change orders, if applicable and documentation of approval. • Bid documents (solicitation notice,bid tabulation and bid advertisement.) Page 22 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT C BUDGET NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The total SHIP allocation to SUBRECIPIENT for the Owner-Occupied Rehabilitation Program shall not exceed Six Hundred Thousand and 00/100($600,000.00). Sources for these funds are as follows: Fiscal;Fear Project Inspecttun for Nen Rehab Fufrd = �`otal,` De�:very Eligible 4 4 2014-2015 $14,000.00* $1250.00 $124,750.00 $140,000.00** ~y 2015-2016 $20,000.00* $1250.00 $178,750.00 $200,000.00** 2016-2017 $26,000.00 $1250.00 232,750.00 $260,000.00** Total Funds_ ' $60;000;00- ,750 00 $536;j50.0 *maximum project delivery **expenditure deadline for 14/15 is June 2018, 15/16 is June 2018 and 16/17 is June 2019 and or as extended and approved by Florida Housing Finance Corporation Funds may be shifted between project delivery,inspection for non-eligible and rehab to allow for the maximum amount of funds to be expended. A housing unit can not be split between FY funding allocations. Uses of these funds are as follows: Funds shall be disbursed in the following manner for the following uses: 1. Maximum rehabilitation funding per unit is in accordance to the LHAP. 2.A project delivery fee, to complete program management and other project compliance activities conducted by staff or contracted party, of 10% of the rehabilitation cost shall be paid for each completed unit.Associated work to perform technical and administrative work involving the construction and renovation of residential properties. 3.An inspection fee of $250.00 will be paid for those homes that fail to meet the rehabilitation standards. This fee is only paid when a property fails to meet the criteria and no other fees will be paid to the SUBRECIPIENT in such circumstances. Page 23 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT D REPORTING REQUIREMENTS OWNER-OCCUPIED REHABILITATION PROGRAM Type of Report Period Covered/Supporting Documents Date Due 1. Quarterly By the 15th of the Progress Report • Exhibit"F"- Quarterly Progress Report following month. Other: • Listing of any special issues or items of concern to SUBRECIPIENT relatin. to the Rehabilitation. 2. Financial& • Copy of Annual Audit 180 days after end of Compliance Audit • Exhibit"G"-Annual Audit Monitoring Report fiscal year,until monitoring end date 3. Insurance • Liability and Office and Director Annually within 30 days of expiration 4. Invoice Monthly or upon rehab Exhibit"E"-Request for Payment completion whichever comes first Page 24 of 29 SHIP-Owner Occupied Rehabilitation 16011 EXHIBIT "E" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Sub recipient Address: Project Name: SHIP Owner Occupied Rehabilitation Project No: Payment Request# Total Payment : Period of Availability: The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $0.00 2. Sum of Past Claims Paid on this Account $0.00 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $0.00 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests) $0.00 I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Authorizing Grant Coordinator Accountant Supervisor Department Director (approval required$15,000 and above) (approval required$15,000 and above) Page 25 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT"F" Quarterly PROGRESS REPORT Complete form for past month and submit to Community and Human Services staff by the 10`h of the following month. Status Report for the Quarter Ending: Submittal Date: Project Name:Owner-Occupied Rehabilitation Project Number: SHIP FY 14-15,15-16 or SHIP 16-17 SUBRECIPIENT: Contact Person: Telephone: Fax: E-mail: PROPERTY UNIT DATA Number of units under rehab this period Number of units completed this period Number of units completed to date EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor Address Amount of Contract What events/actions are scheduled for the next month? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Date Signature Page 26 of 29 SHIP- Owner Occupied Rehabilitation - i 1 60 11 EXHIBIT"G" ANNUAL AUDIT MONITORING REPORT Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year,the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by OMB Circular A-133,for fiscal years beginning before December 26,2014,and established by 2 CFR Part 200,Subpart F—Audit Requirements,for fiscal years beginning on or after December 26,2014. This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most during most recently completed Fiscal Year recently completed Fiscal Year $ $ Check A or B. Check C if applicable. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Circular ❑ A-133 or 2 CFR Part 200,Subpart F Single Audit 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. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we: 0 0 Did not exceed the expenditure threshold for the fiscal year indicated above Are a for-profit organization O Are exempt for other reasons explain An audited financial statement is attached and if applicable, the independent auditors management letter. Findings were noted,a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report.While we understand that the audit report contains a written ❑ response to the finding(s),we are requesting an updated status of the corrective action(s)being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies,etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Page 27 of 29 SHIP- Owner Occupied Rehabilitation 1- 6 0 11 EXHIBIT"H" COLLIER COUNTY CONSTRUCTION REHAB PROGRAM MANUAL OF PRACTICE SELECTIVE REHAB PROCEDURES as may be amended from time to time. Page 28 of 29 SHIP- Owner Occupied Rehabilitation 16011 EXHIBIT "I" ORDINANCE "COLLIER COUNTY OWNER-OCCUPIED REHABILITATION PROGRAM" Page 29 of 29 SI-HP- Owner Occupied Rehabilitation 1�