Backup Documents 12/14/2021 Item #16D14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ` /'
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 U 1 4
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. Lisa N. Can Community and Human LNC 12/10/21
Services
2. County Attorney Office County Attorney Officea ale) 12114 2 l
3. BCC Office Board of County frr.jot)
Commissioners //city
4. Minutes and Records Clerk of Court's Office /
I I ael o3=>op
S , c_is& ( f 015
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 Lisa N. Carr, Sr. Grant Coordinator, Phone Number 239-252-2339
Contact/ Department Community and Human Services
Agenda Date Item was December 14, 2021 Agenda Item Number 16.D, c—
Approved by the BCC
Type of Document Recommendation to approve and authorized Number of Original 6 ( ., ..
Attached the Chairperson to sign two(2)SHIP Documents Attached
Sponsor Agreements between Collier @qC� l ('t (� \
County and(1)Community Assisted and R
Supported Living, Inc. for the Rental
Acquisition and(2)Oak Marsh,LLC ....
PO number or account
number if document is n/a
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? A No
2. Does the document need to be sent to another agency for additional signatures? If yes, LNC
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 LNC
signed by the Chairman,with the exception of most letters,must be reviewed and signed og)-
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's LNC
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 LNC
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 LNC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LNC
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 12/14/21 and all changes made 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 C.
Chairman's signature. d�
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
1 6 D 1 4
Instructions
1) Return signed originals to:
Lisa N. Car
Sr. Grants, Coordinator
Collier County Government I Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 211
Naples, FL 34112
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
1 6 D 1 4
MEMORANDUM
Date: December 16, 2021
To: Lisa Carr, Grant Coordinator
Community and Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: SHIP Sponsor Agreements
Community Assisted and Supported Living, Inc. and
Oak Marsh, LLC
Attached are two (2) of each original of the document referenced above,
(Item #16D14) approved by the Board of County Commissioners on
Tuesday, December 14, 2021.
An original has been kept by the Minutes and Record's Department for the
Board's Official Record.
If you have any questions, please feel free to contact me at 252-7240.
Thank you
Attachment
16D14
Grant- SHIP FY 2020-2021 and 2021-
2022
Agreement#: SHRA-21-001
Activity: Rental Acquisition
SPONSOR: Community Assisted and
Supported Living, Inc.
CSFA#: 52.901
Total Award Amount: $600,000.00
DUNS #: 940621519
FEIN: 65-0869993
Period of Performance: December 14,
2021 through June 14,2023
FISCAL YEAR: December 31st
MONITORING END: October 31,
2043
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC.
Rental Acquisition Program
fh
THIS AGREEMENT is made and entered into this I 1 day of 43.11
,c4
2021, by
and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its
principal address as 3339 E. Tamiami Trail, Suite 211,Naples FL 34112,and Community Assisted and
Supported Living, Inc. (CASL), (SPONSOR), a not-for-profit corporation existing under the laws of
the State of Florida, having its principal office 2911 Fruitville Road, Sarasota, FL 34237.
WHEREAS,the William E. Sadowski Affordable Housing Act adopted by the State of Florida
in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State
Housing Initiatives Partnership (SHIP)Program; and
WHEREAS,the State Housing Initiatives Partnership Program is established in accordance with
Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and
WHEREAS,the COUNTY is a participant in the State Housing Initiatives Partnership Program;
and
WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is
undertaking certain activities to primarily benefit persons or households earning not greater than 50
percent of median annual income adjusted for family size; and
WHEREAS, the Fiscal Year 2019-2022 Local Housing Assistance Plan (LHAP) as amended
was adopted by the Board of County Commissioners on April 23, 2019, Resolution No. 2019-109.
Community Assisted Supported Living,Inc. 1
SHRA-21-001
SHIP Rental Acquisition Program 4
ll'_ `
16014
WHEREAS,the COUNTY and the SPONSOR desire to provide rental acquisition in accordance
with this Agreement and the aforementioned Local Housing Assistance Plan; and
WHEREAS,the COUNTY desires to engage the SPONSOR to implement such undertakings as
specified in Exhibit B and determines that they are valid and worthwhile County purposes.
NOW,THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is agreed by the Parties as follows:
PART I
SCOPE OF WORK
The SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing SHIP funds,as determined by Collier County Community and Human Services
(CHS),perform the tasks necessary to conduct the program as follows:
Project Name: Rental Acquisition
Description of project and outcome: SHIP funds are to be used to acquire rental units within
Collier County and all associated closing costs to include but not limited to appraisal, survey and
closing costs.
Project Component One: Acquisition of rental property#1
Project Component Two: Acquisition of rental property#2
A. Project Tasks:
1. Locate eligible properties and sign sales contract for properties located in Collier County
2. Coordinate purchase transaction with closing agent
3. Coordinate the pre-purchase services, including: Appraisal, Survey, Property Insurance
and Home Inspection
4. Locate eligible tenants and lease up the units
5. Income qualifies tenants prior to signing a lease
6. Provide CHS income and asset qualification documents prior to signing a lease
B. SHIP Documentation Requirements Compliance Criteria:
Activities carried out with funds under this Agreement will be performed in compliance with
State Housing Initiatives Partnership(SHIP)Program,Florida Statute 420.9071, and Chapter
67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as
the SHIP Program).
Community Assisted Supported Living,Inc. 2
SHRA-21-001
SHIP Rental Acquisition Program
�0-
16D14
1.1 DEFINITIONS AND PURPOSE
A. DEFINITIONS
Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program,
Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code,
and any amendments thereto (also referred to as the SHIP Program).
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
SPONSOR will implement the Scope of Work summarized in Section 1.2 and Exhibit B of
this Agreement.
1.2 SCOPE OF WORK
The SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY,
perform the necessary tasks to administer and implement the described services herein
incorporated by reference as Exhibits B and C (Rental Acquisition Project Requirements and
Budget Narrative), in accordance with the terms and conditions of Requests for Applications,
Rental Acquisition, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2020-2021
and 2021-2022 and SPONSOR's Application dated February 8, 2021.
1.3 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the SPONSOR must
deliver to CHS for approval a detailed project schedule for the completion of the project.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
M Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
M Conflict of Interest Policy
• Procurement Policy
Uniform Relocation Act Policy
M Sexual Harassment Policy
• Section 504/ADA Policy
• Fraud, Waste, and Abuse Policy
n Language Assistance and Planning Policy (LAP)
❑ Violence Against Women Act(VAWA)Policy
Fi Tenant Waitlist Policy
• Tenant Grievance Policy
M Tenant Guidelines (Income)
• Marketing Plan
• Property Maintenance Plan
• Capital Needs Assessment Plan
Community Assisted Supported Living,Inc. 3
SHRA-21-001
SHIP Rental Acquisition Program
_Q"
.. GU-
ar
16D14
C. Annual SPONSOR Training
Sponsors with Prior Agreement(s) with COUNTY: All SPONSOR staff assigned to the
administration and implementation of the Project, established by this Agreement, shall attend
the CHS-sponsored Annual Sponsor Fair Housing training. In addition, at least one staff
member shall attend all other CHS-offered training,relevant to the Project, as determined by
the Grant Coordinator, not to exceed two (2) sessions.
1.4 PROJECT DETAILS
A. Project Description/Budget
Description State Amount
Project Component 1: Acquisition of rental property#1 and all $300,000.00
associated closing costs to include but not limited to appraisal,
survey and closing costs.
Project Component 2: Acquisition of rental property#2 and all $300,000.00
associated closing costs to include but not limited to appraisal
survey and closing costs.
Total State Funds $600,000.00
The SPONSOR may, with prior COUNTY approval, adjust the budget between Project
Components, as needed to respond to the needs of the community. Total expenditures may
not exceed the Total State Funds.
The SPONSOR will accomplish the following checked project tasks:
® Pay all closing costs related to property conveyance
• Maintain and provide to the COUNTY, as requested, beneficiary income
certification documentation, retained at SPONSOR location
• Maintain Eligibility Documentation, retained at SPONSOR location
▪ Provide Quarterly Reports on project progress
▪ Ensure attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
n Provide monthly construction and rehabilitation progress reports until completion
of construction or rehabilitation
X Identify Lead Project Manager
Provide Site Design and Specifications
❑ Comply with Davis-Bacon Labor Standards
❑ Comply with Section 3 and maintain documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act(URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
B. Program Components/Eligible Activities
All services/activities funded must meet the program components, as detailed in Exhibit B.
Community Assisted Supported Living,Inc. 4
SHRA-21-001
SHIP Rental Acquisition Program
.zero-
16014
C. Performance Deliverables
Program Deliverable Supporting Documentation Submission Schedule
Special Grant Policies Policies as stated in this Within 60 days of
(Section 1.3 B) Agreement Agreement execution
Insurance Proof of coverage in At time of Acquisition and
(Flood, Property, O&D) accordance with Exhibit A annually within 30 days after
renewal
Detailed Project Schedule Project Schedule Within 60 days of
(Section 1.3 A) Agreement execution
Progress Report Progress report, detailing 10 days after the end of the
accomplishments Exhibit E calendar quarter beginning
January 10, 2022 and
quarterly thereafter
Annual Audit Monitoring Exhibit F Annually,within 60 days
Report after FY end
SPONSOR Audit Audit report, Management Within 9 months for Single
Letter, and Supporting Audit(otherwise 180 days)
Documentation after the end of the
SPONSOR fiscal year
through 2043
Continued Use N/A N/A
Certification
Tenant Lease Agreement Lease Submit to CHS prior to
signing by tenant and any
addendums or changes
thereafter through the period
of affordability.
Operating Expense Report Actual vs. Budget, revenue 30 days after the end of the
and expense report and all SPONSOR'S fiscal year
supporting documentation,
as requested
Operating Expense Budget Detailed Operating budget Initial report due after lease-
Report for the next fiscal year up and annually thereafter,
prior to start of SPONSOR
fiscal year, until 2043
Capital Needs Assessment Plan approved by the Initial Plan due after lease-
Plan COUNTY up and annually thereafter,
prior to start of SPONSOR
fiscal year, until 2043
Maintenance Plan Plan approved by the At the time of acquisition
COUNTY
Register of Tenant Income Summary of Tenant Income At time of full lease up and
and Rent and Income Limit, Rent and annually thereafter until
Rent Limit, by unit(Rent 2043
Roll)
Community Assisted Supported Living,Inc. 5
SHRA-21-001
SHIP Rental Acquisition Program l�1 `
GU
16Dt4
Program Deliverable Supporting Documentation Submission Schedule
Maintenance Agreement Executed Agreement Initial lease-up and annually
thereafter throughout the
affordability period, if
applicable, until 2043
D. Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component 1: Exhibit D along with invoice, Submitted to CHS no
Acquisition of rental rental property,HO insurance less than7 days before
property#1 and all associated certificate, Closing Disclosure, closing date.
closing cost to include but not Proof of Escrow Deposit, Sales
limited to appraisal, survey Contract,Appraisal, Survey, A copy of the
and closing costs. Mortgage Insurance, Home documents signed on
Inspection, Promissory Note, the day of closing are
Mortgage, Land Use Restriction due to CHS before
Agreement, Deed, Closing close of business on
Protection Letter and proof of the day of closing.
payments for expenses paid
outside closing(invoice and
cancelled check)
Project Component 2: Exhibit D along with invoice, Submitted to CHS no
Acquisition of rental property rental property, HO insurance less than 7 days
#2 and all associated closing certificate, Closing Disclosure, before closing date.
cost to include but not limited Proof of Escrow Deposit, Sales
to appraisal, survey and Contract, Appraisal, Survey, A copy of the
closing costs. Mortgage Insurance, Home documents signed on
Inspection, Promissory Note, the day of closing are
Mortgage, Land Use Restriction due to CHS before
Agreement, Deed, Closing close of business on
Protection Letter and proof of the day of closing.
payments for expenses paid
outside closing (invoice and
cancelled check
1.5 PERIOD OF PERFORMANCE
SPONSOR services shall begin on December 14, 2021 and end on June 14, 2023. This
Agreement must remain in effect throughout the development process of the Project and is
terminated upon completion of acquisition, and initial lease up of all SHIP-assisted units. The
SPONSOR is responsible for ongoing reporting, subject to onsite monitoring, tenant income
qualification activities, and continued use for an affordability period of 20 years. In any event,
all services required hereunder shall be completed by the SPONSOR prior to June 14,2023.Any
funds not obligated by the expiration date of this Agreement shall automatically revert to the
COUNTY.
Community Assisted Supported Living,Inc.
SHRA-21-001
SHIP Rental Acquisition Program
ca
16014
The County Manager or designee may extend the term of this Agreement for a period of up to
180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal
letter to the SPONSOR.
1.6 AGREEMENT AMOUNT
The COUNTY agrees to make available SIX HUNDRED THOUSAND DOLLARS and
ZERO CENTS ($600,000.00) for use by the SPONSOR during the term of the Agreement
(hereinafter, referred to as the"Funds").
Modifications to the "Budget and Scope" may only be made if approved by COUNTY, in
advance.
All services/activities specified in Part I Scope of Work shall be performed by SPONSOR or its
subcontractors who meet State requirements. Contract administration shall be managed by the
SPONSOR and monitored by CHS,which shall have access to all records and documents related
to the project.
The COUNTY shall reimburse SPONSOR for performance of this Agreement upon completion
or partial completion of the work tasks as accepted and approved by CHS. Alternatively, a wire
transfer may be made at closing. SPONSOR may not request disbursement of SHIP funds until
funds are needed for eligible costs, and all disbursement requests must be limited to the amount
needed at the time of the request. Invoices for work performed are required every month.
SPONSOR may expend funds only for allowable costs resulting from obligations incurred during
the term of this Agreement. If no work has been performed during that month, or if the
SPONSOR is not yet prepared to send the required backup,a$0 invoice is required.Explanations
may be required if two consecutive months of$0 invoices are submitted.Payments shall be made
to the SPONSOR when requested as work progresses but not more frequently than once per
month. Reimbursement will not occur if SPONSOR fails to perform the minimum acquisition
required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed
during the term of the program but not invoiced within 90 days after the end of the Agreement
may not be processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State,or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.4.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
The COUNTY will secure the awarded amount with a Note and Mortgage. The Note will bear
interest at 0 percent interest per year and is forgivable after 20 years if all SHIP terms and
conditions are met.
Community Assisted Supported Living,Inc. 7
SHRA-2 1-001
SHIP Rental Acquisition Program 'P
16014
If SPONSOR complies with the terms and conditions of this Agreement, the lien established by
the Mortgage shall expire as set forth in the Mortgage.
If SPONSOR offers the Property for sale before twenty (20)years after the SPONSOR's receipt
of the Certificate of Occupancy, or at any other time when there are existing mortgages on the
Property funded by the SHIP program, the SPONSOR must give a right of first refusal (ROFR)
for a 90-day period, to experienced non-profit organizations, reasonably approved by the
COUNTY for purchase of the Property,at the then current market value,for continued occupancy
by eligible persons. The 90-day right of first refusal period begins when a legal advertisement
appears in a local newspaper of general circulation, or other method authorized by statute or
regulation, offering the Property for sale to non-profit organizations. COUNTY approval of any
non-profit organization submitting an offer of the full requested sale price or any other offer
considered in the sole determination of the COUNTY to be reasonable, will be based on the
criteria listed in the affordable multi-family rental housing development strategy sponsor
selection criteria, in the COUNTY's FY 2019 — 2022 SHIP Local Housing Assistance Plan.
Either (a) the 90-day right of first refusal period expires and the SPONSOR is not a party to an
active contract for purchase and sale of the Property with an eligible non-profit organization,
reasonably approved by the COUNTY; or(b) a contract for purchase and sale of the property is
entered into by the SPONSOR and an eligible non-profit organization, reasonably approved by
the COUNTY, within such 90-day ROFR period but terminated by either party pursuant to the
terms thereof subsequent to the 90-day period.
The COUNTY shall wire funds to the title company at closing and secure a 0 percent forgivable
mortgage for the acquisition of the Property. The SPONSOR shall provide CHS closing
disclosures seven (7) days prior to closing and submit Title Insurance to CHS the same day as
closing. No wire transfer will be made until approved by CHS and the Collier County Clerk of
Courts for grant compliance and adherence to all applicable local, state, or federal requirements.
Wire transfer will be made upon receipt of closing disclosures and in compliance with section
218.70, Florida Statutes, otherwise known s the "Local Government Prompt Payment Act."
The amount of wire transfer shall not be more than $300,000.00. The COUNTY reserves the
right to deny payment of incomplete or altered closing disclosures, inadequately documented
expenses, or expenses for items and services the COUNTY deems not to be usual, customary,
and reasonable expenses related to the Project.
1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Lisa N. Can, Senior Grants Coordinator
Collier County Government
Community and Human Services
Community Assisted Supported Living,Inc. 8
SHRA-21-001
SHIP Rental Acquisition Program
C
i6D14
3339 E. Tamiami Trail, Suite 213
Naples,FL 34112
Email to: lisa.carr@colliercountyfl.gov
Telephone: 239-252-2339
SPONSOR ATTENTION: J. Scott Eller, CEO
Community Assisted Supported Living, Inc.
2911 Fruitville Road
Sarasota, FL 34237
Email to: scott.ellergcaslinc.org
Telephone: 941-225-2373
Remainder of Page Intentionally Left Blank
Community Assisted Supported Living,Inc. 9
SHRA-21-001
SHIP Rental Acquisition Program
d05)
16D14
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), if SPONSOR expends a total
amount of State awards equal to or in excess of$750,000 in any fiscal year, it must conduct a
State single or project-specific audit for such fiscal year, in accordance with Section 215.97,
Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller,
and Chapter 10.650, Rules of the Auditor General.
SPONSOR shall ensure that the audit complies with 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 the SPONSOR receives
delivery, but no later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall
submit the financial reporting package and Exhibit F to the Grant Coordinator.
If the SPONSOR expends less than$750,000 in State awards in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the
SPONSOR expends less than $750,000 in State awards in its fiscal year and elects to have an
audit in accordance with provisions of Section 215.97,Florida Statutes,the cost of the audit must
be paid from non-State funds.
2.2 RECORDS AND DOCUMENTATION
The SPONSOR shall maintain sufficient records in accordance with the FHFC program
regulations, as provided in Exhibit B, to verify compliance with the requirements of this
Agreement,the SHIP Program,and all other applicable laws and regulations.This documentation
shall include, but is not limited to,the following:
A. All records required by SHIP regulations.
B. SPONSOR shall keep and maintain public records that ordinarily and necessarily would be
required by COUNTY to perform the service.
C. SPONSOR shall make available to the COUNTY or CHS, at any time upon request, all
reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by the SPONSOR for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly or
indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained in such detail to properly reflect all net costs, direct and indirect labor,
materials,equipment, supplies and services, and other costs and expenses of whatever nature
for which reimbursement is claimed under the provisions of this Agreement.
Community Assisted Supported Living,Inc. 10
SHRA-21-001
SHIP Rental Acquisition Program 57
16D14
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS,if requested.In any event,
SPONSOR shall maintain all documents and records in an orderly fashion in a readily
accessible, permanent, and secured location for three (3) years after the submission date of
the annual performance and evaluation report, as prescribed in Florida Statute Chapter
257.36. However, if any litigation, claim, or audit is started before the expiration date of the
three(3)year period,the records will be maintained until all litigation,claim,or audit findings
involving these records are resolved. If the SPONSOR ceases to exist after the closeout of
this Agreement, it will notify the COUNTY in writing, of the address where the records are
to be kept, as outlined in Florida Statute Chapter 257.36. The SPONSOR shall meet all
requirements for retaining public records and transfer, at no cost to COUNTY, all public
records in SPONSOR's possession upon termination of the Agreement and destroy any
duplicate exempt or confidential public records that are released from public records
disclosure requirements. All records stored electronically must be provided to the COUNTY
in a format that is compatible with the COUNTY's information technology systems.
IF THE SPONSOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(a,colliercountvfl.gov,3299 Tamiami Trail E,Naples FL 34112.
E. SPONSOR is responsible for creation and maintenance of income eligible files on clients
served and documentation that all households are eligible under Florida Housing Finance
Corporation (FHFC) Income Guidelines. Income certification documentation will be
validated at interim and closeout monitoring. The SPONSOR agrees that CHS shall be the
final arbiter on SPONSOR's compliance.
F. SPONSOR shall document how compliance with the Program components, applicable
regulations included in Exhibit B, and eligibility requirement(s) under which funding has
been received, was accomplished. This also includes special requirements such as necessary
and appropriate determinations, as defined in Exhibit B, including income certification and
written agreements with beneficiaries,where applicable.
G. SPONSOR shall provide the public with access to public records on the same terms and
conditions that the COUNTY would provide the records and at a cost that does not exceed
the costs provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SPONSOR shall ensure that exempt or confidential public records that are released from
public records disclosure requirements, are not disclosed except as authorized by Florida
Statute Chapter 257.36.
2.3 MONITORING
During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual Audit
Monitoring report (Exhibit F) no later than 60 days after SPONSOR's fiscal year end. In
addition, SPONSOR shall submit to the COUNTY a Single Audit report, Management Letter,
and supporting documentation nine (9) months (or one hundred eighty (180) days for
Community Assisted Supported Living,Inc. 11
SHRA-21-001
SHIP Rental Acquisition Program
*Or 10—N
16D14
Subrecipients exempt from Single Audit) after the SPONSOR's fiscal year end. The COUNTY
will conduct an annual financial and programmatic review.
SPONSOR agrees that CHS may carry out no less than one (1) annual on-site monitoring visit
and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations.The SPONSOR shall,upon the request of
CHS, submit information and status reports required by CHS or FHFC to enable CHS to evaluate
said progress and allow for completion of required reports. The SPONSOR shall allow CHS or
FHFC to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled, as
determined by CHS or FHFC.
The COUNTY will monitor SPONSOR's performance to mitigate fraud, waste, abuse, or non-
performance based on goals and performance standards as stated with all other applicable laws,
regulations, and policies governing the funds provided under this Agreement, further defined by
2 CFR 200.332 Substandard performance, as determined by the COUNTY, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SPONSOR within a
reasonable time period after being notified by the COUNTY, Agreement suspension or
termination procedures will be initiated. SPONSOR agrees to provide FHFC, the Florida Office
of Inspector General, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD, WASTE,AND ABUSE
SPONSOR shall establish, maintain, and utilize internal systems and procedures sufficient to
prevent,detect,and correct incidents of fraud,waste,and abuse,and provide proper and effective
management of all Program and Fiscal activities in the performance of this Agreement.
SPONSOR's internal control systems, all transactions, and other significant events shall be
clearly documented and be readily available for monitoring by the COUNTY.
SPONSOR shall provide COUNTY with complete access to all its records, employees, and
agents for the purpose of monitoring or investigating the performance of the Agreement.
SPONSOR shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
fraud,waste, and abuse.
SPONSOR may not discriminate against any employee or other person who reports a violation
of the terms of this Agreement or any law or regulation,to the COUNTY or any appropriate law
enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or make
acceptable progress on such corrective action plans.
Community Assisted Supported Living,Inc. 12
SHRA-21-001
SHIP Rental Acquisition Program
0-
16Q14
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Sponsors, Developers, or any entity receiving grant
funds from CHS. The escalation policy for noncompliance is as follows:
A. Initial noncompliance may result in Findings or Concerns being issued to the SPONSOR,
which will require a corrective action plan to be submitted to CHS within 15 days following
issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held until the
corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the SPONSOR, as
needed,to correct the noncompliance issue.
B. If the SPONSOR fails to submit the corrective action plan in a timely manner, CHS may
require a portion of the awarded grant amount be returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
• The SPONSOR may be denied future consideration as set forth in Resolution No.
2013-228
C. If SPONSOR remains noncompliant or repeats an issue that was previously corrected, and
has been informed by CHS of their substantial noncompliance by certified mail, CHS may
require a portion of the awarded grant amount or the amount of the investment for acquisition
of the properties conveyed, be returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount to be returned to the
COUNTY, at the discretion of the Board.
• The SPONSOR will be in violation of Resolution No. 2013-228
D. If after repeated notification the SPONSOR continues to be substantially noncompliant, CHS
may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. The SPONSOR will be required to repay all funds disbursed by the
COUNTY for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of the properties or other activities.
• The SPONSOR will be in violation of Resolution No. 2013-228
If the SPONSOR has multiple agreements with CHS and is found to be noncompliant, the
above sanctions may be imposed across all awards, at the Board's discretion.
Community Assisted Supported Living,Inc. 13
SHRA-21-001
SHIP Rental Acquisition Program
G�
o-
16014
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement, and the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the
COUNTY on the 10th day of January,April, July, and October respectively, for the prior quarter
period end. As part of the report submitted in October or when final services are delivered,
whichever is earlier,the SPONSOR also agrees to include a comprehensive final report covering
the agreed-upon Program objectives, activities, and expenditures, including but not limited to,
performance data on client feedback with respect to the goals and objectives set forth in Exhibit
E, which contains a sample reporting form to be used in fulfillment of this requirement. Other
reporting requirements may be requested by the County Manager or designee in the event of
Program changes,the need for additional information or documentation arises,and/or legislative
amendments are enacted. Reports and/or requested documentation not received by the due date
shall be considered delinquent and may be cause for default and termination of this Agreement.
Remainder of this Page Intentionally Left Blank
Community Assisted Supported Living,Inc. 14
SHRA-21-001
SHIP Rental Acquisition Program
G
CY
PART III
16D14
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SPONSOR agrees to comply with the requirements as outlined in Sections 420.907-
420.9079 of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code. The
SPONSOR also agrees to comply with all other applicable state and local laws, regulations, and
policies governing the funds provided under this Agreement. SPONSOR agrees to utilize funds
available under this Agreement to supplement, rather than supplant, funds otherwise available
for Rental Acquisition.
3.3 INDEPENDENT CONTRACTOR •
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
SPONSOR shall always remain an "independent contractor" with respect to the services to be
performed under this Agreement. The COUNTY shall be exempt from payment of all
Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance, and
Workers' Compensation Insurance as the SPONSOR is independent of the COUNTY.
3.4 AMENDMENTS
The COUNTY or SPONSOR may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by
a duly authorized representative of each organization, and approved by the COUNTY'S Board.
Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SPONSOR from its obligations under this Agreement.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
Local guidelines, policies, available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both COUNTY and SPONSOR.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds and
must be implemented in full compliance with all SHIP rules and regulations and any agreement
between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the event
of curtailment or non-production of said state funds,the financial resources necessary to continue
Community Assisted Supported Living,Inc. 15
SHRA-21-001
SHIP Rental Acquisition Program
I6D14
to pay the SPONSOR all or any portion of the funds will not be available. In that event, the
COUNTY may terminate this Agreement,which shall be effective as of the date it is determined
by the County Manager or designee, in his or her sole discretion and judgment,that the funds are
no longer available. In the event of such termination, the SPONSOR agrees that it will not look
to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners
and/or County Administration, personally liable for the performance of this Agreement; and the
COUNTY shall be released from any further liability to the SPONSOR under the terms of this
Agreement.
3.6 DEFAULTS,REMEDIES,AND TERMINATION
This Agreement may be terminated for convenience by either the COUNTY or 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, in
the case of a partial termination, if the COUNTY determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if
the award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by the SPONSOR shall constitute a Default under this
Agreement:
A. SPONSOR's failure to comply with any of the rules, regulations, or provisions referred to
herein, or such statutes, regulations, executive orders, and FHFC guidelines, policies, or
directives as may become applicable at any time
B. SPONSOR's failure,for any reason,to fulfill its obligations under this Agreement in a timely
and proper manner
C. SPONSOR's ineffective or improper use of funds provided under this Agreement
D. SPONSOR's submission of reports to the COUNTY that are incorrect or incomplete in any
material respect
E. SPONSOR's submission of any false certification
F. SPONSOR's failure to materially comply with any terms of this Agreement
G. SPONSOR's failure to materially comply with the terms of any other agreement between the
COUNTY and SPONSOR relating to the Project
In the event of any default by the SPONSOR under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in, professional property management
Community Assisted Supported Living,Inc. 16
SHRA-21-001
SHIP Rental Acquisition Program
Gl
16D14
C. Require SPONSOR to immediately repay to the COUNTY all SHIP funds the SPONSOR
has received under this Agreement
D. Apply sanctions, if determined by the COUNTY to be applicable
E. Stop all payments until identified deficiencies are corrected
F. Terminate this Agreement by giving written notice to the SPONSOR and specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY as
provided herein,the SPONSOR shall have no claim of payment or benefit for any incomplete
project activities undertaken under this Agreement.
3.7 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs,and causes of action which may arise out of an act or omission, including
but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the
negligence,recklessness,or intentionally wrongful conduct of the SPONSOR or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SPONSOR in the performance
of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph. The SPONSOR shall pay all claims and losses of any nature
whatsoever in connection therewith 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 thereon. This
indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of the COUNTY.The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth
in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of
this Agreement.
3.8 COUNTY RECOGNITION/SPONSORSHIPS
The SPONSOR agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the Program sponsorship, research reports, and similar public notices, whether
printed or digital, prepared and released by the SPONSOR for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED BY FLORIDA HOUSING FINANCING COPORATION
(FHFC) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SPONSOR. This design
concept is intended to disseminate key information regarding the development team as well as
Community Assisted Supported Living,Inc. 17
SHRA-21-001
SHIP Rental Acquisition Program `�
is
16L014
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.9 INSURANCE
SPONSOR shall not commence any work and/or services pursuant to this Agreement until all
required insurance, as outlined in Exhibit A, has been obtained. Said insurance shall be carried
continuously during SPONSOR's performance under the Agreement. The SPONSOR shall
furnish a Certificate of Insurance naming Collier County as an additional insured with general
liability limits of at least$1,000,000 per occurrence in accordance with Exhibit A.
3.10 PURCHASING
All purchasing for consumables,capital equipment,and services shall be made by purchase order
or written contract in conformity and full compliance with the procedures prescribed by
applicable Florida Statutes(FL 287.017)and the Collier County Purchasing Policy,whichever is
more stringent. Collier County Ordinance #2017-08 allows for contracting with not-for-profits
through the approved exemption.
Purchasing Threshold Policy
Dollar Range($) Competition Required
$0 - $50,000 3 Written Quotes
$50,001+ Formal Solicitation(RFP, IFB etc.)
All improvements specified in Part I Scope of Work, shall be performed by SPONSOR
employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY
and FL State requirements.The SPONSOR shall enter into contracts with the lowest,responsible,
and qualified bidder. Contract administration shall be managed by SPONSOR and monitored by
CHS,which shall have access to all records and documents related to the Project.
As provided in Section 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers,
subcontractors, and consultants who will perform hereunder, have not been placed on the
convicted vendor list, maintained by the State of Florida Department of Management Services,
within the 36 months immediately preceding the date hereof. This notice is required by Section
287.133 (3)(a), Florida Statutes.
3.11 DEBARMENT
The SPONSOR certifies that none of its officers or agents has been debarred from bidding,
proposing, or contracting for federal, state, or local government programs. The SPONSOR
assures that all of its subcontractors who will participate in activities, who are subject to this
Agreement, are eligible and have not been debarred.
Community Assisted Supported Living,Inc. 18
SHRA-21-001
SHIP Rental Acquisition Program
G
cr
16D14
3.12 GRANT CLOSEOUT PROCEDURES
The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are
completed.Activities during this closeout period shall include,but are not limited to making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), closeout monitoring, and
determining the custodianship of records. In addition to the records retention outlined in Section
2.2, the SPONSOR shall comply with Section 119.021 Florida Statutes regarding records
maintenance, preservation, and retention. A conflict between state and federal records retention
law requirements will result in the more stringent law being applied, such that the record must
be held for the longer duration. Any balance of unobligated funds which have been advanced or
paid to SPONSOR must be returned to the COUNTY. Any funds paid in excess of the amount
to which the SPONSOR is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. The SPONSOR shall also produce records and information that
comply with Section 215.97, Florida Single Audit Act.
3.13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SPONSOR agrees that no person shall be excluded from the benefits of, or subjected to
discrimination based on race,creed,color,religion,national origin,sex,handicap,familial status,
marital status, or age under any activity carried out by the SPONSOR in performance of this
Agreement. Upon receipt of evidence of such discrimination,the COUNTY shall have the right
to terminate this Agreement. The SPONSOR will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment practices include but
are not limited to hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rate of pay or other forms of compensation, and selection for training,
including apprenticeship. The SPONSOR agrees to post notices setting forth the provisions of
this nondiscrimination clause in conspicuous places available to employees and applicants for
employment.
To the greatest extent feasible, lower-income residents of the project area shall be given
opportunities for training and employment. In addition, eligible business concerns located in or
owned in substantial part by persons residing in the project area shall be awarded contracts in
connection with the project, to the greatest extent feasible. SPONSOR is encouraged to comply
with Section 3 of the Housing and Community Development Act of 1968.
3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS
ENTERPRISES
The SPONSOR will use its best efforts to afford small businesses and minority and women
owned business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the term "small business" means a
business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(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 purposes
of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish
surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The
Community Assisted Supported Living,Inc. 19
SHRA-2 1-001
SHIP Rental Acquisition Program
�o-
1 6 D 1 4
SPONSOR may rely on written representations by businesses regarding their status as minority
and women business enterprises, in lieu of an independent investigation.
3.15 PROGRAM BENEFICIARIES
As defined by Florida Statute Section 420.9071-420.9079 and the Collier County Local Housing
Assistance Plan (LHAP), 100 percent of the beneficiaries receiving SHIP funding through this
Agreement must meet the requirement to be at or below 50 percent of the Area Median Income
(AMI), as published by HUD. Additionally, the SHIP program requires the SPONSOR to meet
specific income set-asides, which are described in Exhibit B. Tenant income eligibility will be
validated with supporting documentation during interim monitoring and at closeout.
3.16 AFFIRMATIVE ACTION PLAN
The SPONSOR agrees that it is committed to carry out an Affirmative Action Program,pursuant
to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SPONSOR shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action
Plan is updated during the performance period of this Agreement, the updated plan must be
submitted to the COUNTY within 60 days of any update/modification.
3.17 PROHIBITED ACTIVITY
The SPONSOR,or personnel employed in the administration of the program,are prohibited from
using funds provided herein, for political activities, sectarian or religious activities, lobbying,
political patronage, and/or nepotism activities.
3.18 CONFLICT OF INTEREST
The SPONSOR covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any direct or indirect personal financial
interest in the Project areas or any parcels therein,which would conflict in any manner or degree
with the performance of this Agreement. In addition, SPONSOR shall not employ or subcontract
any person having any conflict of interest. SPONSOR covenants that it will comply with all
provisions of"Conflict of Interest,"per FL Statute 287.057 and any additional State and County
statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SPONSOR will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an
entity owned or controlled, in whole or in part, by the SPONSOR. The COUNTY may review
the proposed contract to ensure that the contractor is qualified and the costs are reasonable.
Approval of an identity of interest contract will be at the COUNTY's sole discretion. This
provision is not intended to limit SPONSOR's ability to self-manage the Project using its own
employees.
Any possible conflict of interest on the part of the SPONSOR, its employees, or its contractors
shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted
Community Assisted Supported Living,Inc. 20
SHRA-21-001
SHIP Rental Acquisition Program
0
914
in such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment and participation of low and moderate income residents
of the project target areas.
3.19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
State funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set forth in Florida Statue, Chapter 196.011.
The SPONSOR shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on religion
and will not limit or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services based on religion and
will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may continue
to carry out its mission, including the definition, practice, and expression of its religious
beliefs, provided it does not use direct State funds to support any inherently religious
activities, such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to
the extent that those structures are used for inherently religious activities. Where a structure
is used for both eligible and inherently religious activities, SHIP funds may not exceed the
cost of those portions of the acquisition, construction, or rehabilitation that are attributable to
eligible activities in accordance with the cost accounting requirements applicable to SHIP
funds in this part. Sanctuaries, chapels, or other rooms that a SHIP funded religious
congregation uses as its principal place of worship, however, are ineligible for SHIP funded
improvements.
3.20 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SPONSOR and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation
of a child, aged person, or disabled person to the COUNTY.
3.21 ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the
duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the
Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds
issued for the purpose of providing funds for the project are outstanding. The SPONSOR
warrants that it has not, and will not, execute any other agreement with provisions contradictory
to, or in opposition to, the provisions hereof, and that in any event, the requirements of this
Agreement are paramount and controlling as to the rights and obligations herein set forth and
supersede any other requirements in conflict herewith. However, this shall not preclude the
COUNTY from subordinating its loan to construction financing.
Community Assisted Supported Living,Inc. 21
SHRA-21-001
SHIP Rental Acquisition Program
o-
0—
t 6 0 1 4
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
3.23 COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright or patent materials, the SPONSOR may
copyright or patent such, but Collier County and the State of Florida reserve a royalty-free,
nonexclusive, and irrevocable license to reproduce,publish, or otherwise use such materials and
to authorize others to do so.
3.24 COUNTERPARTS OF THE AGREEMENT
This Agreement shall be executed in two counterparts, each of which shall be deemed to be some
original, and such counterparts will constitute one and the same instrument.
3.25 ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitute the entire understanding. The parties hereby acknowledge that there have been and are
no representations, warranties, covenants, or undertakings other than those expressly set forth
herein.
Signature Page to Follow
Community Assisted Supported Living,Inc. 22
SHRA-21-001
SHIP Rental Acquisition Program
cr
16D14
IN WITNESS WHEREOF, the SPONSOR and COUNTY, have each, respectively, by an authorized
person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOARD 0 C Y COMMISSI RS F
CRYSTAL IC: KIN7EL\CLERK COLLIER TY,FLORIDA
niveittA,
4111 By:
Attest as to Clai m� nt:1u C •rlc PENNY TAYL ,CHAIRPER N •
•
•
.11 !lhft,�,rf1 4L1t`" a i
Date: IqtI.5Pt
COMMUNITY ASSISTED AND SUPPORTED
Dated: I " 1(z,! al LIVING,�
(SEAL)
By:
J C T ELLER,CEO
Date: 1 112 2.J 2 /
Approved as to form and legality:
3erA. Belpedio •
;�
Assistant County Attorney17
Date: IaJi5j I ,,c)
Community Assisted Supported Living,Inc. 23
SI-IRA-2I-OOI
SHIP Rental Acquisition Program
f�
16D14
EXHIBIT A
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 E.
Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance, in the name of the SPONSOR or the licensed design
professional employed by the SPONSOR, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SPONSOR and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SPONSOR or any person employed by the SPONSOR in connection
with this contract. This insurance shall be maintained for a period of two (2) years after the
certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide, or cause its
Subcontractors to provide,original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than
100 percent of the insurable value of the building(s) or structure(s).The policy shall be in the
name of Collier County and the SPONSOR.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the SPONSOR shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA)as having special flood hazards,flood insurance under
the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
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:
Community Assisted Supported Living,Inc. 24
SHRA-2 1-00 1
SHIP Rental Acquisition Program
i
6D14
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.
10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent 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.
Community Assisted Supported Living,Inc. 25
SHRA-21-001
SHIP Rental Acquisition Program
(C
16D14
EXHIBIT B
RENTAL ACQUISITION PROJECT REQUIREMENTS
RENTAL ACQUISITION PROGRAM
The Project will be developed as affordable residential rental housing in accordance with the SHIP
Program and the FY 2019-2022 Collier County LHAP. The SPONSOR shall perform the following
activity under this Agreement:
Acquire rental property
1. Affordability of SHIP-Assisted Units:
For the duration of the Affordability Period(20 years), as defined in the Note, Mortgage,
and Land Use Restriction Agreement(LURA) of even date, a minimum of 2 properties
in the Project shall be SHIP-Assisted units.
All SHIP-Assisted units in the Project shall be fixed and rented or held available for rental
on a continuous basis to persons or families who, at the commencement of occupancy
shall have a verified annual income that does not exceed 50 percent of the Area Median
Income(AMI),as defined by the Department of Housing and Urban Development(HUD)
and Florida Housing Finance Corporation. Rents on these units shall be restricted to the
SHIP Program rent limits.Maximum eligible income and rent limits are revised annually
and are available from the COUNTY.
The SPONSOR covenants that all the units will be rented to income-eligible tenants as
defined by the Department of Housing and Urban Development (HUD). Income Limits
will be restrictive in accordance with HUD income limits, for a minimum affordability
period of twenty (20) years from the date of tenant occupancy. All units carry rent and
occupancy restrictions until December 14, 2043, which remain in force regardless of
transfer of ownership. SHIP-Assisted units shall be reserved for and rented to households
that qualify for the following:
SHIP-Assisted Tenants According to Income Limits
Income Limits Number SHIP-Assisted Properties
Very Low (50%AMI) 2
Low(80%AMI) or lower 0
Moderate (120%AMI) or lower 0
Total of Properties (Minimum) 2
*Units divided into income category according to SHIP-Assisted units under affordability
period.
A household income will be determined by the number of persons listed on each executed
lease agreement. The combined rent of each tenant of a single unit cannot exceed the
SHIP Program rent limits.
Community Assisted Supported Living,Inc. 26
SHRA-21-001
SHIP Rental Acquisition Program h�
161314
This Agreement incorporates, by reference, terms and conditions described in the
Mortgage and Note of even date and any other agreements enforcing the SHIP
requirements associated with said Mortgage and Note.The Project budget is$600,000.00,
(SIX HUNDRED THOUSAND DOLLARS and ZERO CENTS) and is provided by
the COUNTY through the SHIP Program. In no event will acquisition be completed later
than 547 days from the date of this Agreement. Acquisition will progress in accordance
with the deliverable schedule submitted by the SPONSOR to obtain financing.
The SPONSOR shall submit evidence of mortgagee title insurance prior to the closing of
the COUNTY's acquisition loan, which conforms to the following specifications:
a) a title insurance commitment in form and content,with a company acceptable to the
COUNTY, ensuring that the Subordinate Mortgage Loan Documents(as defined in
the Note)constitute a valid subordinate position lien on the Property, free and clear
of all defects and encumbrances, and containing:
i. no survey exceptions, other than those heretofore approved by the COUNTY;
ii. coverage to the extent of any disbursement of the Loan together with a
pending disbursements clause, in form and substance, satisfactory to the
Lender and its counsel; and
iii. Zoning coverage—As applicable
b) evidence of annual renewals of insurance coverage provided by SPONSOR during
the affordability period.
2. Compliance: The SPONSOR shall determine and verify the income eligibility of tenants
for the Project in accordance with HUD housing assistance programs in 24 CFR Part 5.
Income shall be calculated by annualizing verified sources of income for the household
as the amount of income to be received during the 12 months following the effective date
of the determination. SPONSOR must use the Annual Gross Income, as defined in
Section 420.9071(4), Florida Statutes, to determine eligibility. SHIP Program income
limits cannot be exceeded. SPONSOR shall maintain complete and accurate income
records pertaining to each tenant occupying a SHIP-assisted unit. Onsite inspections will
be conducted annually, upon reasonable prior written notice, to verify compliance with
tenant income, rents, and the minimum property standards as stated in Section 420.907-
420.9079, Florida Statutes and Rule 67-37 Florida Administrative Code, as they may be
amended from time to time.
3. Restriction on Use: The SPONSOR must comply with all applicable SHIP program
requirements,including but not limited to Section 420.907-420.9079 Florida Statutes,and
Rule 67-37 Florida Administrative Code.Any or all of these regulations may,but are not
required to be specifically set forth in any additional loan documents executed in
connection with the Loan. The SPONSOR shall include such language as the COUNTY
may require in any agreements with potential tenants of the Project, or any portion
thereof,to evidence such requirements.
Community Assisted Supported Living,Inc. 27
SHRA-2 1-00 1
SHIP Rental Acquisition Program
16U14
4. Default of Subordinate Mortgage:The Subordinate Mortgage and Note shall provide that
a default shall occur if:
a. Sale; if proceeds are not sufficient to pay off the mortgage note,the property owner
(not-for-profit or for profit) may contact the COUNTY regarding a settlement
amount of the SHIP loan.
b. Title transfer; either voluntarily or by operation of law, divested of title by judicial
sale, levy, or other proceedings, including foreclosure or Deed in Lieu.
c. Refinance; a refinance of the first mortgage may be approved without repayment if
the request is submitted in writing and only in accordance with the COUNTY
"Subordination Policy."
d. Property will no longer serve the intended target population.
Repayment of the loan is required in full when any of the aforementioned conditions is
met.
Other defaults may trigger repayment, if not cured within any applicable cure or notice
period following a monitoring.
a. Lack of SPONSOR compliance with the State statutes or County Codes, which has
not been corrected within 30 days of written notice from the COUNTY
b. The SPONSOR has not begun to offer a minimum of two(2)affordable rental housing
properties to very low-income or below families and individuals, in accordance with
the provisions of Part 1 of Exhibit B on or before, December 14,2021
c. The SPONSOR abandons, and/or ceases to use the property as affordable rental
housing to tenants, without the prior written approval of the COUNTY.
5. Assurance of Public Purpose: The SPONSOR covenants that if it is unable or unwilling
to develop the property in accordance with the terms and conditions incorporated herein,
no lease, sale, or title transfer to any third party shall occur prior to giving the COUNTY
a 90-day notification. During that time, the COUNTY shall have the right, solely at the
COUNTY'S discretion, to purchase or find another SPONSOR to purchase the Project,
and carry out the eligible activities of the SHIP Program, for an amount not to exceed the
amount of funds provided by the COUNTY through the Program.
6. Noncompliance includes, but is not limited to:
a. SPONSOR fails to maintain commitments in the Regulatory Agreement including:
• Low-income set aside percentage requirements
• Failure to respond to requests for monitoring reviews
b. SPONSOR fails to document lower-income occupancy, including:
• Lack of verification of income
Community Assisted Supported Living,Inc. 28
SHRA-2 1-00 1
SHIP Rental Acquisition Program
U..
16014
• Certification or recertification of household members
• Non-disclosure of all income on Tenant Income Certifications
• Incomplete Tenant Income Certifications
• Undisclosed occupants in unit
• Failure to submit annual certification and/or other required reports
7. Affirmative Marketing: The SPONSOR shall adopt appropriate procedures for
affirmatively marketing the SHIP-assisted units. Affirmative marketing consists of good
faith efforts to provide information and otherwise attract eligible persons from all racial,
ethnic, and gender groups in the housing market area to the available housing. The
SPONSOR shall be required to use affirmative fair housing marketing practices in
soliciting renters, determining eligibility, concluding transactions, and furthering
affirmative fair housing efforts. The SPONSOR must maintain a file containing all
marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters,
etc.) to be available for inspection upon request by the COUNTY. The SPONSOR must
provide a description of intended actions that will inform and otherwise attract eligible
persons from all racial, ethnic, and gender groups in the housing market of the available
housing. The SPONSOR must provide the COUNTY with an assessment of the
affirmative marketing program.Assessment must include: a)methods used to inform the
public and potential renters about federal fair housing laws and affirmative marketing
policy, b) methods used to inform and solicit applications from persons in the housing
market who are not likely to apply without special outreach, and c) records describing
actions taken by the participating entity and/or owner to affirmatively market units and
records to assess the results of these actions.
8. Tenant Leases and Protections: Tenants applying for rental housing units shall be
qualified on a first-qualified, first-served basis. Tenants must be income-eligible. The
SPONSOR shall comply with the provisions of the Florida Landlord Tenant Act defined
in Chapter 83 Part II of the Florida Statutes, SHIP Program,and COUNTY requirements,
which prohibit certain lease terms. All tenant leases for assisted units shall be expressly
subordinate to the Mortgage and shall contain clauses, among others, wherein each
individual lessee:
a. Agrees that the household income, household composition, and other eligibility
requirements shall be deemed substantial and material obligations of the tenancy;
that the tenant will comply promptly with all requests by COUNTY OR SPONSOR,
for information with respect thereto; and that tenant's failure to provide accurate
information about household income, or refusal to comply with a request for
information with respect thereto shall be deemed a violation of a substantial
obligation of his/her tenancy.
b. Agrees not to sublease to any person or family who does not meet income
qualifications as determined, verified, and certified by the SPONSOR.
c. States that the rental unit is the tenant's primary residence.
Community Assisted Supported Living,Inc. 29
SHRA-21-001
SHIP Rental Acquisition Program
Ci�
16014
d. Agrees that the lease shall be for a one-year period, unless other terms are mutually
agreed upon by the SPONSOR and tenant.
e. Provides documentation of request for special needs.
The SPONSOR will submit to the COUNTY,a copy of the tenant/owner lease agreement.
Prior to the tenant signing, the lease will be reviewed for compliance with affirmative
marketing, tenant selection, and SHIP provisions stated in Section 420.907-420.9079,
Florida Statues and Rule 67-37, Florida Administrative Code.
9. Project Requirements: The SPONSOR agrees not to undertake any activity that may
adversely affect historic or environmental sensitivity of the site; and to mitigate any
findings identified in an environmental assessment. The SPONSOR agrees that if the
Project is located in a Designated Flood Zone, all government requirements for
construction in a flood zone shall be satisfied.
The SPONSOR shall develop and submit to CHS, within 60 days of Agreement
execution, an acquisition schedule to include the following:
a) Project acquisition will commence and be completed in accordance with the
schedule submitted. In no event will acquisition commence later than 60 days from
the date of this Agreement nor will the project be completed later than 18 months
from the date of this Agreement.
b) "Project completion date" means the issuance of all certificates of occupancy and
completion of initial lease-up.
10. Property Standards: The SPONSOR attests that the Project will meet the standards of the
Florida Building Code and all applicable local codes, standards, ordinances, and zoning
ordinances at the time of project completion and throughout the duration of the
affordability period. The Project will also meet the accessibility requirements at 24 CFR
part 8,which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
and covered multifamily dwellings, as defined at 24 CFR 100.201; and the design and
construction requirements at 24 CFR 100.205, which implement the Fair Housing Act
(42 U.S.C. 3601-3619) in the event the property is rehabilitated at any time during
affordability period.
In accordance with the Local Housing Assistance Plan, SPONSOR shall follow each
SHIP Program strategy requirements below:
11. Energy Efficient Best Practices: Section 420.9075(3)(d),Florida Statutes defines Energy
Efficient Best Practices as: Innovative design, green building principles, storm resistant
construction, or other elements that reduce long term costs relating to maintenance,
utilities, or insurance in the event the property is rehabilitated at any time during
affordability period.
The COUNTY requires the use or inclusion,when appropriate, of energy star appliances,
Community Assisted Supported Living,Inc. 30
SHRA-21-001
SHIP Rental Acquisition Program
'( ,
16014
low-E windows,additional insulation(for increased R-value),ceramic tile,tankless water
heater, 14 and 15 SEER air conditioning units, stucco, florescent light bulbs, and impact
resistant windows and doors.
12. Property Management.The COUNTY reserves the right to require the SPONSOR to enter
into a contract with a property management firm approved by the COUNTY, for
professional management services of the Property; providing for leasing, collection of
rents, maintenance and repair of property, and other property management tasks as the
COUNTY may require in the event the SPONSOR is failing to meet tenant needs. Such
contract shall stipulate that the contract will not be amended or terminated without prior
written consent of the COUNTY.
Community Assisted Supported Living,Inc. 31
SHRA-21-001
SHIP Rental Acquisition Program
16014
EXHIBIT C
BUDGET NARRATIVE
RENTAL ACQUISITION PROGRAM
The total SHIP allocation to the SPONSOR for the Rental Acquisition Program shall not exceed SIX
HUNDRED THOUSAND DOLLARS and ZERO CENTS ($600,000.00).
Sources for these funds are as follows:
Fiscal Year -.r Rental Acquisition Total
2020-2021 $306,677.51 $306,677.51
2021-2022 $293,322.49 $293,322.49
Total Funds $600,000.00 $600,000.00
Funds shall be disbursed in the following manner:
1. Acquisition expenditure shall not exceed$300,000.00per property acquired.
2. Funds will be disbursed via wire transfer at the time of closing.
3. Funds may be shifted between fiscal years to allow for maximum amount of funds to be
expended.
4. If the purchase price of the property exceeds $300,000.00, the Sponsor is responsible for
payment of the balance.
Community Assisted Supported Living,Inc. 32
SHRA-21-001
SHIP Rental Acquisition Program
0,G
16D1 /4
EXHIBIT D
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SPONSOR Name: Community Assisted Supported Living, Inc.
SPONSOR Address: 2911 Fruitville Road, Sarasota,FL 34237
Project Name: Rental Acquisition
Project No: SHRA-21-001 Payment Request#
Total Payment Minus Retainage $
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Sponsor CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
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 SPONSOR. To the best of my knowledge and belief, all grant requirements
have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required under$15,000) Division Director(Approval Required above
$15,000)
Community Assisted Supported Living,Inc. 33
SHRA-2I-001
SHIP Rental Acquisition Program
rv—
i b 0 1 4
EXHIBIT E
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the 10th of the
following quarterly month.
Status Report for the Quarter Ending: Submittal Date:
Project Name: Rental Acquisition Project Number: SHRA-21-001
SPONSOR: Community Assisted Supported Living, Inc.
Contact Person:
Telephone: Fax: E-mail:
PROPERTY UNIT DATA
Number of properties viewed/show of interest this period
Number of contract offers submitted this period
Number of contract offers denied to date
EXPENDITURE DATA
Amount of funds expended this period
Amount of funds expended to date
New Contracts executed this period
Name of Owner Property Address Amount of Contract
Income Data
Tenant Income Category Income Amount
What events/actions are scheduled for the next month?
Identify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Date
Signature
Community Assisted Supported Living,Inc. 34
SHRA-2 1-00 1
SHIP Rental Acquisition Program
CJ—
� ISO 14
EXHIBIT F
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act
(Statute 215.97) 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
during most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
I ❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan 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
06/18
Community Assisted Supported Living,Inc. 35
SHRA-21-001
SHIP Rental Acquisition Program nn
1 6 D 1 4
MEMORANDUM
Date: December 16, 2021
To: Lisa Carr, Grant Coordinator
Community and Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: SHIP Sponsor Agreements
Community Assisted and Supported Living, Inc. and
Oak Marsh, LLC
Attached are two (2) of each original of the document referenced above,
(Item #16D14) approved by the Board of County Commissioners on
Tuesday, December 14, 2021.
An original has been kept by the Minutes and Record's Department for the
Board's Official Record.
If you have any questions, please feel free to contact me at 252-7240.
Thank you
Attachment
16014
Grant- SHIP FY 2021-2022
Agreement#: SHRR-21-001
Activity: Rental Rehabilitation
SPONSOR: Oak Marsh,LLC
CSFA#: 52.901
Total Award Amount: $450,000.00
DUNS #: 019726347
FEIN: 65-0959425
Period of Performance: December 14,
2021 through June 14,2023
FISCAL YEAR: December 31st
MONITORING END: October 31,
2043
AGREEMENT BETWEEN COLLIER COUNTY
AND
OAK MARSH, LLC
Rental Rehabilitation Program
ti Th
THIS AGREEMENT is made and entered into this day of e,4t,Q_ , 2021, by
and between Collier County, a political subdivision of the tate of Florida, (COUNTY) having its
principal address as 3339 E. Tamiami Trail, Suite 211,Naples FL 34112, and Oak Marsh,LLC (Oak
Marsh) (SPONSOR) a not-for-profit corporation existing under the laws of the State of Florida, having
its principal office 19308 SW 380th Street,Florida City,FL 33034.
WHEREAS,the William E. Sadowski Affordable Housing Act adopted by the State of Florida
in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State
Housing Initiatives Partnership (SHIP) Program; and
WHEREAS, the State Housing Initiatives Program is established in accordance with Section
420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and
WHEREAS,the COUNTY is a participant in the State Housing Initiatives Partnership Program;
and
WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is
undertaking certain activities to primarily benefit persons or households earning not greater than 120
percent of median annual income adjusted for family size; and
WHEREAS, the Fiscal Year 2019-2022 Local Housing Assistance Plan (LHAP), as amended,
was adopted by the Board of County Commissioners on April 23, 2019,Resolution No. 2019-109; and
WHEREAS, the COUNTY and the SPONSOR desire to provide Rental Rehabilitation, in
accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and
Oak Marsh,LLC
SHRR21-001 1
SHIP Rental Rehabilitation Program
�10
i60 4
WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings,
as specified in Exhibit B, and determines that they are valid and worthwhile County purposes.
NOW,THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is agreed by the Parties as follows:
PART I
SCOPE OF WORK
The SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of the providing SHIP funds, as determined by Collier County Community and Human
Services (CHS),perform the tasks necessary to conduct the program as follows:
Project Name: Rental Rehabilitation
Description of project and outcome: The Project is for the rehabilitation, repair and/or roof
replacement for nine (9) buildings that comprise forty-one (41) affordable residential units in
additional to adding site drainage improvements,and all associated cost to include but not limited
to mobilization and permitting.
Project Component One: Rehabilitation, repair and/or Roof Replacement of existing rental
property and adding site drainage improvements.
A. Project Tasks:
1. Initiate Solicitation
2. Select Contractor Bid. (a minimum of three bids are required)
3. Issue Contractor's Notice to Proceed
4. Obtain Liability, Workers Comp and Property Insurance
5. Execute Contractor Agreement
6. Apply for Permits
7. Schedule Inspection for Certificate of Completion
B. SHIP Documentation Requirements Compliance Criteria:
Activities carried out with funds under this Agreement will be performed in compliance with
State Housing Incentives Partnership(SHIP)Program,Florida Statute 420.9071,and Chapter
67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as
the SHIP Program).
1.1 DEFINITIONS AND PURPOSE
A. DEFINITIONS
Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program,
Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code,
and any amendments thereto (also referred to as the SHIP Program).
Oak Marsh,LLC
SHRR21-001 2
SHIP Rental Rehabilitation Program
0
i6D14
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
SPONSOR will implement the Scope of Work summarized in Section 1.2 and Exhibit B of
this Agreement.
1.2 SCOPE OF WORK
The SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY,
perform the necessary tasks to administer and implement the described services herein
incorporated by reference as Exhibits B and C (Rental Rehabilitation Project Requirements and
Budget Narrative), in accordance with the terms and conditions of Requests for Applications,
Rental Rehabilitation, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2021-
2022, and SPONSOR's Application dated February 5, 2021.
1.3 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the SPONSOR must
deliver to CHS for approval a detailed project schedule for the completion of the project.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
® Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
® Procurement Policy
E Uniform Relocation Act Policy
® Sexual Harassment Policy
® Section 504/ADA
• Fraud Policy
❑ Language Assistance and Planning Policy (LAP)
❑ Violence Against Women Act(VAWA)Policy
® Tenant Waitlist Policy
• Tenant Grievance Policy
Tenant Guidelines (Income)
❑ Marketing Plan
® Property Maintenance Plan
® Capital Needs Assessment Plan
C. Annual SPONSOR Training
Sponsors with Prior Agreement(s) with COUNTY: All SPONSOR staff assigned to the
administration and implementation of the Project,established by this Agreement,shall attend
the CHS-sponsored Annual Fair Housing training.In addition,at least one staff member shall
attend all other CHS-offered training relevant to the Project, as determined by the Grant
Coordinator, not to exceed two (2) sessions.
Oak Marsh,LLC
SHRR21-001 3
SHIP Rental Rehabilitation Program
6014 '
1.4 PROJECT DETAILS
A. Project Description/Budget
Description State Amount
Project Component 1: Roof repair, rehabilitation and/or $450,000.00
replacement including all associated cost
Total State Funds $450,000.00
The SPONSOR may, with prior COUNTY approval, adjust the budget between Project
Components, as needed, to respond to the needs of the community. Total expenditures may
not exceed the Total State Funds.
The SPONSOR will accomplish the following checked project tasks:
n P- ay all closing costs related to property conveyance
® Maintain, and provide to the COUNTY as requested, beneficiary income
certification documentation,retained at SPONSOR location
® Maintain Eligibility Documentation, retained at SPONSOR location
• Provide Quarterly Reports on project progress
• Ensure attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
• Provide monthly construction and rehabilitation progress reports until completion
of construction or rehabilitation
® Identify Lead Project Manager
• Provide Site Design and Specifications
n Comply with Davis-Bacon Labor Standards
n Comply with Section 3 and maintain documentation
n Provide certified payroll weekly throughout construction and rehabilitation
n C- omply with Uniform Relocation Act(URA), if necessary
n E- nsure applicable numbers of units are Section 504/ADA accessible
B. Program Components/Eligible Activities
All services/activities funded must meet the program components, as detailed in Exhibit B.
C. Performance Deliverables
Program Deliverable Supporting Documentation Submission Schedule
Special Grant Policies Policies as stated in this Within 60 days of Agreement
(Section 1.3 B) Agreement execution
Insurance Proof of coverage in At time of Agreement
(Flood,Property, O&D) accordance with Exhibit A execution and annually within
30 days after renewal
Detailed Project Schedule Project Schedule Within 60 days of Agreement
execution
Project Plans and N/A NA
Specifications
Oak Marsh,LLC
SHRR21-001 4
SHIP Rental Rehabilitation Program �+
i6D14
Program Deliverable Supporting Documentation Submission Schedule
Progress Report Progress report, detailing 10 days after the end of the
accomplishments Exhibit E calendar quarter until Month
January 10, 2022 and
annually thereafter
Annual Audit Monitoring Exhibit F Annually,within 60 days after
Report FY end
SPONSOR Audit Audit report,Management Within 9 months for Single
Letter, and Supporting Audit(otherwise 180 days)
Documentation after the end of the
SPONSOR fiscal year
through 2043
Continued Use Certification Continued Use Certification Annually until 2043
Tenant Lease Agreement Lease Within 60 days of signing this
agreement and addendums or
changes thereafter through the
period of affordability.
Operating Expense Report Actual vs.Budget,revenue 30 days after the end of the
and expense report and all SPONSOR'S fiscal year
supporting documentation, as
requested
Operating Expense Budget Detailed Operating budget for Initial report due after lease-
Report the next fiscal year up and annually thereafter,
prior to start of SPONSOR
fiscal year, until 2043
Capital Needs Assessment Plan approved by the Initial Plan due after lease-up
Plan COUNTY and annually thereafter,prior
to start of SPONSOR fiscal
year, until 2043
Maintenance Plan Plan approved by the At the time of completion of
COUNTY unit(s),with annual
submission if plan is revised
Register of Tenant Income Summary of Tenant Income At time of full lease up and
and Rent and Income Limit, Rent and annually thereafter until 2043
Rent Limit,by unit(Rent
Roll)
Maintenance Agreement Executed 3rd Party Agreement Initial lease-up and annually
thereafter throughout the
affordability period, if
applicable,until 2043
D. Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component 1: Roof 1.Exhibit D along with invoice Due at the completion
rehabilitation, repair and/or and proof payment as evidenced of the project
replacement of existing rental by cancelled checks or bank
Oak Marsh,LLC
SHRR21-001 5
SHIP Rental Rehabilitation Program 7
0
16D14
and adding site drainage statements, and any other
improvements and all documents as requested
associated cost 2. Contractor Bid
Recommendation w/Bid Tab
3.Approved Contractor
Recommendation/Notice to
Proceed
4.Waiver of Lien Release
5. Contractor Agreement
6.Permits
7. Certificate of Completion
8. Contactor's Invoice
9. Promissory Note
10. Mortgage
11. Land Use Restriction
Agreement
12. Services performed by
SPONSOR and paid for
Everglades Housing Corporation
shall be reimburse to the Sponsor
subject to validation of
expenditures
1.5 PERIOD OF PERFORMANCE
SPONSOR services shall begin on December 14, 2021 and end on June 14, 2023. This
Agreement must remain in effect throughout the development process of the Project and is
terminated upon completion of rent rehabilitation. The SPONSOR is responsible for ongoing
reporting, subject to onsite monitoring,tenant income qualification activities, and continued use
for an affordability period of 20 years. In any event, SPONSOR shall complete all services
required hereunder prior to June 14,2023 Any funds not obligated by the expiration date of this
Agreement shall automatically revert to the COUNTY.
The County Manager or designee may extend the term of this Agreement for a period of up to
180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal
letter to the SPONSOR.
1.6 AGREEMENT AMOUNT
The COUNTY agrees to make available FOUR HUNDRED AND FIFTY THOUSAND
DOLLARS and ZERO CENTS ($450,000.00) for use by the SPONSOR, during the term of
the Agreement(hereinafter referred to as the "Funds").
Modifications to the "Budget and Scope" may only be made if approved by COUNTY, in
advance.
All services/activities specified in Part 1 Scope of Work shall be performed by SPONSOR or its
subcontractors who meet State requirements. Contract administration shall be managed by
Oak Marsh,LLC
SHRR21-001 6 f7
SHIP Rental Rehabilitation Program
� 6014
SPONSOR and monitored by CHS,which shall have access to all records and documents related
to the project.
The COUNTY shall reimburse the SPONSOR for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS. SPONSOR
may not request disbursement of SHIP funds until funds are needed for eligible costs, and all
disbursement requests must be limited to the amount needed at the time of the request. Invoices
for work performed are required every month. SPONSOR may expend funds only for allowable
costs resulting from obligations incurred during the term of this Agreement. If no work has been
performed during that month,or if the SPONSOR is not yet prepared to send the required backup,
a$0 invoice is required. Explanations may be required if two consecutive months of$0 invoices
are submitted.Payments shall be made to SPONSOR when requested as work progresses but not
more frequently than once per month. Reimbursement will not occur if SPONSOR fails to
perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed
during the term of the program but not invoiced within 90 days after the end of the Agreement
may not be processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State,or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.4.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS.Except
where disputed for noncompliance,payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY AT 1'ENTION: Lisa N. Carr, Senior Grants Coordinator
Collier County Government
Community and Human Services
3339 E. Tamiami Trail, Suite 211
Naples,FL 34112
Email to: lisa.carr@colliercountyfl.gov
Telephone: 23 9-252-23 3 9
Oak Marsh,LLC
SHRR21-001 7
SHIP Rental Rehabilitation Program is
Q
1 6 D 1 4
SPONSOR ATTENTION: Steven Kirk,President
Oak Marsh,LLC
19308 SW 380th Street
Florida City,FL 33034
Email to: stevekirk@ruralneighborhoods.org
Telephone: 3 05-242-2143
Remainder of Page Intentionally Left Blank
•
Oak Marsh,LLC
SHRR21-001 8
SHIP Rental Rehabilitation Program
A
16D14
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), if the SPONSOR expends a
total amount of State awards equal to or in excess of$750,000 in any fiscal year, it must conduct
a State single or project-specific audit for such fiscal year, in accordance with Section 215.97,
Florida Statutes, applicable rules of the Executive Office of the Governor and Comptroller, and
Chapter 10.650, Rules of the Auditor General.
SPONSOR shall ensure that the audit complies with the requirements of Section 215.97(7),
Florida Statutes. This includes submission of a reporting package, as defined by Section
215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. SPONSOR
must deliver the financial reporting package to the COUNTY within 45 days after receipt, but
not later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall submit the
financial reporting package and Exhibit F to the Grant Coordinator.
If the SPONSOR expends less than$750,000 in State awards in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the
SPONSOR expends less than $750,000 in State awards in its fiscal year and elects to have an
audit in accordance with provisions of Section 215.97,Florida Statutes,the cost of the audit must
be paid from non-State funds.
2.2 RECORDS AND DOCUMENTATION
The SPONSOR shall maintain sufficient records in accordance with FHFC program regulations,
as provided in Exhibit B,to determine compliance with the requirements of this Agreement, the
SHIP Program, and all other applicable laws and regulations. This documentation shall include,
but is not limited to,the following:
A. All records required by SHIP regulations.
B. SPONSOR shall keep and maintain public records that ordinarily and necessarily would be
required by COUNTY to perform the service.
C. SPONSOR shall make available to COUNTY or CHS, at any time upon request, all reports,
plans, surveys, information, documents, maps, books, records, and other data procedures
developed, prepared, assembled, or completed by the SPONSOR for this Agreement.
Materials identified in the previous sentence shall be in accordance with generally accepted
accounting principles (GAAP), procedures, and practices, which sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program Income. These records shall be
maintained to the extent of such detail to properly reflect all net costs, direct and indirect
Oak Marsh,LLC
SHRR21-001 9
SHIP Rental Rehabilitation Program Q�
16D14
labor, materials, equipment, supplies and services, and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS,if requested.In any event,
SPONSOR shall maintain all documents and records in an orderly fashion in a readily
accessible, permanent, and secured location for three (3) years after the annual performance
and evaluation report are submitted, as prescribed in Florida Statute Chapter 257.36.
However,if any litigation, claim,or audit is started before the expiration date of the three (3)
year period, the records will be maintained until all litigation, claim, or audit findings
involving these records are resolved. If SPONSOR ceases to exist after the closeout of this
Agreement, it will notify the COUNTY, in writing, of the address where the records are to
be kept, as outlined in Florida Statute Chapter 257.36. The SPONSOR shall meet all
requirements for retaining public records and transfer, at no cost to COUNTY, all public
records in possession of the SPONSOR upon termination of the Agreement and destroy any
duplicate exempt or confidential public records that are released from public records
disclosure requirements. All records stored electronically must be provided to the COUNTY
in a format that is compatible with the COUNTY's information technology systems.
IF SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox@a,colliercountvfl.gov,3299 Tamiami Trail E,Naples FL 34112.
E. SPONSOR is responsible for the creation and maintenance of income eligible files on clients
served and documentation that all households are eligible under Florida Housing Finance
Corporation (FHFC) Income Guidelines. Income certification documentation will be
validated at interim and closeout monitoring. The SPONSOR agrees that CHS shall be the
final arbiter on SPONSOR's compliance.
F. SPONSOR shall document how compliance with the Program components, applicable
regulations included in Exhibit B,and the eligibility requirement(s)under which funding has
been received,were accomplished.This also includes special requirements such as necessary
and appropriate determinations, as defined in Exhibit B, including income certification, and
written agreements with beneficiaries, where applicable.
G. SPONSOR shall provide the public with access to public records on the same terms and
conditions that the COUNTY would provide the records and at a cost that does not exceed
costs provided in Chapter 119,Florida Statutes or as otherwise provided by law. SPONSOR
shall ensure that exempt or confidential public records that are released from public records
Oak Marsh,LLC
SHRR21-001 10
SHIP Rental Rehabilitation Program
0
1601 �
disclosure requirements, are not disclosed except as authorized by Chapter 119, Florida
Statues.
2.3 MONITORING
During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual Audit
Monitoring report (Exhibit F) no later than 60 days after SPONSOR's fiscal year end. In
addition, SPONSOR shall submit to the COUNTY a Single Audit report, Management Letter,
and supporting documentation nine (9) months (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit) after the SPONSOR's fiscal year end. The COUNTY
will conduct an annual financial and programmatic review.
SPONSOR agrees that CHS may carry out at least one (1) annual on-site monitoring visit and
evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review
of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement
is dependent upon satisfactory evaluations. The SPONSOR shall, upon the request of CHS,
submit information and status reports required by CHS or FHFC,to enable CHS to evaluate said
progress and allow for completion of required reports.The SPONSOR shall allow CHS or FHFC
to monitor on site. Such site visits may be scheduled or unscheduled, as determined by CHS or
FHFC.
The COUNTY will monitor SPONSOR's performance to mitigate fraud, waste, abuse, or non-
performance based on goals and performance standards,as stated with all other applicable laws,
regulations, and policies governing the funds provided under this Agreement, further defined by
2 CFR 200.332. Substandard performance, as determined by the COUNTY, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SPONSOR within a
reasonable time period after being notified by the COUNTY, Agreement suspension or
termination procedures will be initiated. SPONSOR agrees to provide FHFC,the Florida Office
of Inspector General, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD, WASTE,AND ABUSE
SPONSOR shall establish, maintain, and utilize internal systems and procedures sufficient to
prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and provide proper and effective management of all Program and Fiscal activities of
the Agreement. SPONSOR's internal control systems and all transactions and other significant
events shall be clearly documented and readily available for monitoring by the COUNTY.
SPONSOR shall provide the COUNTY with complete access to all its records, employees, and
agents for the purpose of monitoring or investigating the performance of the Agreement.
SPONSOR shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
fraud, waste, and abuse.
SPONSOR may not discriminate against any employee or other person who reports a violation
of the terms of this Agreement or any law or regulation to the COUNTY, or any appropriate law
enforcement authority, if the report is made in good faith.
Oak Marsh,LLC
SHRR21-001 11 P�
SHIP Rental Rehabilitation Program
16D1is
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Sponsors, Developers, or any entity receiving grant
funds from CHS. The escalation policy for noncompliance is as follows:
A. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to the
SPONSOR, which will require SPONSOR to submit a corrective action plan to CHS within
15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held until the
corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the SPONSOR, as
needed, in order to correct the noncompliance issue.
B. If the SPONSOR fails to submit the corrective action plan in a timely manner, CHS may
require a portion of the awarded grant amount be returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
• The SPONSOR may be denied future consideration as set forth in Resolution No.
2013-228
C. If SPONSOR remains noncompliant or repeats an issue that was previously corrected and
has been informed by CHS of its substantial noncompliance, by certified mail, CHS may
require a portion of the awarded grant amount or the amount of the investment for acquisition
of the properties conveyed, be returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
• The SPONSOR will be in violation of Resolution No. 2013-228
D. If after repeated notification the SPONSOR continues to be substantially noncompliant, CHS
may recommend the Agreement or award be terminated.
Oak Marsh,LLC
SHRR21-001 12
SHIP Rental Rehabilitation Program d a1
Q
1 6 D 1 4
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. The SPONSOR will be required to repay all funds disbursed by the
COUNTY for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of the properties or other activities.
• The SPONSOR will be in violation of Resolution No. 2013-228
If SPONSOR has multiple agreements with CHS and is found to be noncompliant,the above
sanctions may be imposed across all awards at the Board's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports and
the resolution of monitoring findings identified pursuant to this Agreement,as deemed necessary
by the County Manager or designee.
During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the
COUNTY on the 10th day of January,April,July, and October,respectively,for the prior quarter
period end. As part of the report submitted in October or when final services are delivered,
whichever is earlier,the SPONSOR also agrees to include a comprehensive final report covering
the agreed-upon Program objectives, activities, and expenditures, including but not limited to,
performance data on client feedback with respect to the goals and objectives set forth in Exhibit
E, which contains a sample reporting form to be used in fulfilling this requirement. Other
reporting requirements may be required by the County Manager or designee if there are Program
changes, the need for additional information or documentation arises, and/or legislative
amendments are enacted. Reports and/or requested documentation not received by the due date
shall be considered delinquent and may be cause for default and termination of this Agreement.
Remainder of this Page Intentionally Left Blank
Oak Marsh,LLC
SHRR21-001 13
SHIP Rental Rehabilitation Program 0
16D14
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SPONSOR agrees to comply with the requirements as outlined in Sections 420.907-
420.9079 of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code. The
SPONSOR also agrees to comply with all other applicable state and local laws, regulations, and
policies governing the funds provided under this Agreement. The SPONSOR agrees to utilize
funds available under this Agreement to supplement, rather than supplant, funds otherwise
available for Rental Rehabilitation.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
SPONSOR shall always remain an "independent contractor" with respect to the services to be
performed under this Agreement. The COUNTY shall be exempt from payment of all
Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance, and
Workers' Compensation Insurance as the SPONSOR is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SPONSOR may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by
a duly authorized representative of each organization, and approved by the COUNTY'S Board.
Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SPONSOR from its obligations under this Agreement.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
Local guidelines, policies, available funding amounts, or other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both COUNTY and SPONSOR.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds and
must be implemented in full compliance with all SHIP rules and regulations and any agreement
between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the event
of curtailment or non-production of said state funds,the financial resources necessary to continue
Oak Marsh,LLC
SHRR21-001 14
SHIP Rental Rehabilitation Program ,f
16014
to pay the SPONSOR all or any portion of the funds will not be available. In that event, the
COUNTY may terminate this Agreement, which shall be effective as of the date it is determined
by the County Manager or designee, in his or her sole discretion and judgment,that the funds are
no longer available. In the event of such termination, the SPONSOR agrees that it will not look
to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners
and/or County Administration,personally liable for the performance of this Agreement, and the
COUNTY shall be released from any further liability to the SPONSOR under the terms of this
Agreement.
3.6 DEFAULTS,REMEDIES,AND TERMINATION
This Agreement may be terminated for convenience by either the COUNTY or SPONSOR, in
whole or in part, by setting forth the reasons for such termination, the effective date, and in the
case of partial terminations, the portion to be terminated. However, in the case of a partial
termination, if the COUNTY determines that the remaining portion of the award will not
accomplish the purpose for which the award was made, the COUNTY may terminate the award
in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer
effectuates the program goals or grantor agency priorities.
The following actions or inactions by the SPONSOR shall constitute a Default under this
Agreement:
A. SPONSOR's failure to comply with any of the rules, regulations, or provisions referred to
herein, or such statutes, regulations, executive orders, and FHFC guidelines, policies, or
directives as may become applicable at any time
B. SPONSOR's failure,for any reason,to fulfill its obligations under this Agreement in a timely
and proper manner
C. SPONSOR's ineffective or improper use of funds provided under this Agreement
D. SPONSOR's submission of reports to the COUNTY that are incorrect or incomplete in any
material respect
E. SPONSOR's submission of any false certification
F. SPONSOR's failure to materially comply with any terms of this Agreement
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and the SPONSOR relating to the Project
In the event of any default by the SPONSOR under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part
Oak Marsh,LLC
SHRR21-001 15
SHIP Rental Rehabilitation Program .�
1601
B. Require the use of, or change in,professional property management
• C. Require the SPONSOR to immediately repay to the COUNTY of all SHIP funds the
SPONSOR has received under this Agreement
D. Apply sanctions, if determined by the COUNTY to be applicable
E. Stop all payments,until identified deficiencies are corrected
F. Terminate this Agreement by giving written notice to the SPONSOR of such termination and
specifying the effective date of such termination. If the Agreement is terminated by the
COUNTY as provided herein, the SPONSOR shall have no claim of payment or benefit for
any incomplete project activities undertaken under this Agreement.
3.7 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses,costs,and causes of action which may arise out of an act or omission,including
but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the
negligence,recklessness,or intentionally wrongful conduct of the SPONSOR or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SPONSOR in the performance
of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph. The SPONSOR shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and
pay all costs (including attorney's fees) and judgments which may issue thereon. This
indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of Collier County.The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth
in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of
this Agreement.
3.8 COUNTY RECOGNITION/SPONSORSHIPS
The SPONSOR agrees that all notices, informational pamphlets,press releases, advertisements,
descriptions of the sponsorships of the Program, research reports, and similar public notices,
whether printed or digital,prepared and released by the SPONSOR for,on behalf of,and/or about
the Program shall include the statement:
"FINANCED BY FLORIDA HOUSING FINANCING COPORATION
(FHFC) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
Oak Marsh,LLC
SHRR21-001 16
SHIP Rental Rehabilitation Program 0
16D1
and shall appear in the same size letters or type as the name of the SPONSOR. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.9 INSURANCE
SPONSOR shall not commence any work or services pursuant to this Agreement until all
required insurance, as outlined in Exhibit A, has been obtained. Said insurance shall be carried
continuously during SPONSOR's performance under the Agreement. The SPONSOR shall
furnish a Certificate of Insurance naming Collier County as an additional insured with general
liability limits of at least$1,000,000 per occurrence in accordance with Exhibit A.
3.10 PURCHASING
All purchasing for consumables,capital equipment,and services shall be made by purchase order
or written contract in conformity and in full compliance with the procedures prescribed by
applicable Florida Statutes (FL 287.017) and the Collier County Purchasing Policy,whichever is
more stringent. Collier County Ordinance #2017-08 allows for contracting with not-for-profits
through the approved exemption.
Purchasing Threshold Policy
Dollar Range ($) Competition Required
$0 - $50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
All improvements specified in Part I Scope of Work, shall be performed by SPONSOR
employees,or put out to competitive bidding,under a procedure acceptable to the COUNTY and
State requirements. The SPONSOR shall enter into contracts with the lowest, responsible, and
qualified bidder. Contract administration shall be managed by SPONSOR and monitored by
CHS, which shall have access to all records and documents related to the Project.
As provided in Section 287.133,Florida Statutes,by entering into this Agreement or performing
any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers,
subcontractors, and consultants who will perform hereunder, have not been placed on the
convicted vendor list, maintained by the State of Florida Department of Management Services,
within the 36 months immediately preceding the date hereof. This notice is required by Section
287.133 (3)(a),Florida Statutes.
3.11 DEBARMENT
The SPONSOR certifies that none of its officers or agents have been debarred from bidding,
proposing, or contracting for federal, state, or local government programs. The SPONSOR
assures that all its subcontractors who will participate in activities, which are subject to this
Agreement, are eligible and have not been debarred.
Oak Marsh,LLC
SHRR21-001 17 P7
SHIP Rental Rehabilitation Program
16D14
3.12 GRANT CLOSEOUT PROCEDURES
The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are
completed.Activities during this closeout period shall include,but are not limited to making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), closeout monitoring, and
determining the custodianship of records. In addition to the records retention outlined in
Section 2.2, SPONSOR shall comply with Section 119.021 Florida Statutes regarding records
maintenance, preservation, and retention. A conflict between state and federal records retention
law requirements will result in the more stringent law being applied, such that the record must
be held for the longer duration. Any balance of unobligated funds which have been advanced or
paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the
SPONSOR is entitled under the terms and conditions of this Agreement must be refunded to the
COUNTY. The SPONSOR shall also produce records and information that comply with Section
215.97,Florida Single Audit Act.
3.13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SPONSOR agrees that no person shall be excluded from the benefits of or be subjected to
discrimination, based on race, creed, color, religion, national origin, sex, handicap, familial
status, marital status, or age under any activity carried out by the SPONSOR in performance of
this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the
right to terminate this Agreement. The SPONSOR will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment practices include but
are not limited to hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rate of pay or other forms of compensation, and selection for training,
including apprenticeship. The SPONSOR agrees to post notices setting forth the provisions of
this nondiscrimination clause in conspicuous places available to employees and applicants for
employment.
To the greatest extent feasible, lower-income residents of the project area shall be given
opportunities for training and employment; and to the greatest extent feasible, eligible business
concerns located in or owned in substantial part by persons residing in the project area shall be
awarded contracts in connection with the project. The SPONSOR is encouraged to comply with
Section 3 of the Housing and Community Development Act of 1968.
3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS
ENTERPRISES
The SPONSOR will use its best efforts to afford small businesses and minority and women
owned business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the term "small business" means a
business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(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 purposes
of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish
surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The
Oak Marsh,LLC
SHRR21-001 18
SHIP Rental Rehabilitation Program
0
16014
SPONSOR may rely on written representations by businesses regarding their status as minority
and women business enterprises, in lieu of an independent investigation.
3.15 PROGRAM BENEFICIARIES
As defined by Florida Statute Section 420.9071-420.9079 and the Collier County Local Housing
Assistance Plan (LHAP), 100 percent of the beneficiaries receiving SHIP funding through this
Agreement must meet the requirement to be at or below 120 percent of the Area Median Income
(AMI), as published by HUD. Additionally, the SHIP program requires the SPONSOR to meet
specific income set-asides, which are described in Exhibit B. Income eligibility of tenants will
be validated by supporting documentation during interim monitoring and at closeout.
3.16 AFFIRMATIVE ACTION PLAN
The SPONSOR agrees that it is committed to carry out an Affirmative Action Program,pursuant
to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SPONSOR shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action
Program is updated during the period of performance of this Agreement,the updated plan must
be submitted to the COUNTY within 60 days of any update/modification.
3.17 PROHIBITED ACTIVITY
The SPONSOR, or personnel employed in the administration of the program,are prohibited from
using funds provided herein, for political activities, sectarian or religious activities, lobbying,
political patronage, and/or nepotism activities.
3.18 CONFLICT OF INTEREST
The SPONSOR covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect,in the Project area or any parcels therein,which would conflict in any manner or degree
with the performance of this Agreement. SPONSOR also covenants it will not employ or
subcontract any person having any conflict of interest. SPONSOR agrees that it will comply with
all provisions of"Conflict of Interest,"per Florida Statute 287.057 and any additional State and
County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SPONSOR will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an
entity owned or controlled, in whole or in part, by the SPONSOR. The COUNTY may review
the proposed contract to ensure that the contractor is qualified,and costs are reasonable.Approval
of an identity of interest contract will be at the COUNTY's sole discretion. This provision is not
intended to limit SPONSOR's ability to self-manage the Project using its own employees.
Any possible conflict of interest on the part of the SPONSOR, its employees, or its contractors
shall be disclosed in writing to CHS provided, however that this paragraph shall be interpreted
Oak Marsh,LLC
SHRR21-001 19 (�
SHIP Rental Rehabilitation Program .a
16D14
in such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment and participation of low and moderate income residents
of the project target areas.
3.19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
State funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set forth in Florida Statue, Chapter 196.011.
The SPONSOR shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on religion
and will not limit or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services based on religion and
will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may continue
to carry out its mission, including the definition, practice, and expression of its religious
beliefs, provided it does not use direct State funds to support any inherently religious
activities, such as worship,religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to
the extent that those structures are used for inherently religious activities. Where a structure
is used for both eligible and inherently religious activities, SHIP funds may not exceed the
cost of those portions of the acquisition,construction, or rehabilitation that are attributable to
eligible activities in accordance with the cost accounting requirements applicable to SHIP
funds in this part. Sanctuaries, chapels, or other rooms that a SHIP funded religious
congregation uses as its principal place of worship, however, are ineligible for SHIP funded
improvements.
3.20 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, SPONSOR and any subcontractors
shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged
person, or disabled person to the COUNTY.
3.21 ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the
duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the
Mortgage; whether or not the Project loan may be paid in full; and whether or not any bonds
issued for the purpose of providing funds for the project are outstanding. SPONSOR warrants
that it has not, and will not, execute any other agreement with provisions contradictory to, or in
opposition to, the provisions hereof; and that, in any event, the requirements of this Agreement
Oak Marsh,LLC
SHRR21-001 20
SHIP Rental Rehabilitation Program
0
16 14
are paramount and controlling as to the rights and obligations herein set forth and supersede any
other requirements in conflict herewith. However, this shall not preclude the COUNTY from
subordinating its loan to construction financing.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
3.23 COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright or patent materials, the SPONSOR may
copyright or patent such, but Collier County and the State of Florida reserve a royalty-free,
nonexclusive, and irrevocable license to reproduce,publish, or otherwise use such materials and
to authorize others to do so.
Signature Page to Follow
Oak Marsh,LLC
SHRR21-001 21
SHIP Rental Rehabilitation Program t�
16D14
IN WITNESS WHEREOF,the SPONSOR and the COUNTY, have each respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOARD F COUNTY COMMISSIONERS OF
CRYSTAL K.,KINZEL, CLERK COLLIE J TY,FLORID
By:
, DEPU CLE < PENNY TA OR, CHAI RSON
Date: UV►� (
✓GC fle 2 I t 2
Date: 1
(SEAL)
Attest as to Chairman's OAK MARSH, LLC
signkUte Onty.
By:
N KIRK,PRESIDENT
Date: ///'��bil/
Approved as to forth and legality:
YJU 9 -- ,�
Jennifer A. Belpedi
Assistant County A .tney \,
Date:
Oak Marsh,LLC
SHRR2 I-001 22
SHIP Rental Rehabilitation Program
0
16D14
EXHIBIT A
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, do 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 Agreement, in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance, in the name of the SPONSOR or the licensed design
professional employed by the SPONSOR, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SPONSOR and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SPONSOR or any person employed by the SPONSOR in connection
with this Agreement. This insurance shall be maintained for a period of two (2) years after the
certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide, or cause its
Subcontractors to provide,original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than
one hundred(100%)percent of the insurable value of the building(s) or structure(s). The
policy shall be in the name of Collier County and the SPONSOR.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the SPONSOR shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA)as having special flood hazards,flood insurance under
the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
Oak Marsh,LLC
SHRR21-001 23 C.7
SHIP Rental Rehabilitation Program
ibDi4
OPERATION/MANAGEMENT PHASE OF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee,
with respect to this coverage A.T.I.M.A.
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.
0
Oak Marsh,LLC
SHRR21-001 24
SHIP Rental Rehabilitation Program
161114
EXHIBIT B
RENTAL REHABILITATION PROJECT REQUIREMENTS
The Project will rehabilitate existing affordable residential rental housing in accordance with the SHIP
Program and Collier County LHAP FY 2019-2022. SPONSOR shall perform the following activity
under this Agreement:
a) Rehabilitate existing rental property
1) Affordability of SHIP-Assisted Units:For the duration of the Affordability Period(20 years),
as defined in the Note and Mortgage/Land Use Restriction Agreement(LURA)of even date,
a minimum of forty-one (41)units in the Project shall be SHIP-Assisted units.
All SHIP-Assisted units in the Project shall be fixed and rented, or held available for rental,
on a continuous basis to persons or families who at the commencement of occupancy shall
have a verified annual income that does not exceed 120 percent of the Area Median Income
(AMI), as defined by the Department of Housing and Urban Development(HUD). Rents on
these units shall be restricted to SHIP Program rent limits. Maximum eligible income and
rent limits are revised annually and are available from the COUNTY.
The SPONSOR covenants that a minimum of forty-one(41)units will be rented to income-
eligible tenants, as defined by HUD. All units carry rent and occupancy restrictions until
December 14,2043,which remain in force regardless of transfer of ownership and shall
be in accordance with the LURA (incorporated by reference) and Section 1.6 of this
Agreement. SHIP-Assisted units shall be reserved for and rented to households that qualify
for the following:
SHIP-Assisted Units According to Income Limits
Income Limits Number SHIP-Assisted Units
120%or below AMI 41
Total Units (Minimum) 41
This Agreement incorporates, by reference, terms and conditions described in the Mortgage
and Note of even date,and any other agreements enforcing the SHIP requirements associated
with said Mortgage and Note. The Project budget is (FOUR HOUNDRED AND FIFTY
THOUSAND DOLLARS and ZERO CENTS ($450,000.00), and is provided by the
COUNTY through the SHIP PROGRAM. Project construction will commence and be
completed as defined and set forth in the affordable housing development schedule,
incorporated by reference. In no event will rehabilitation commence later than 120 days from
the date of this Agreement, nor will rehabilitation be completed later than 18 months from
the date of this Agreement. Rehabilitation will progress in accordance with the construction
schedule submitted by the SPONSOR to obtain financing.
2) Compliance: The SPONSOR shall determine and verify the income eligibility of tenants for
the Project in accordance with HUD Section 8 housing assistance programs in 24 CFR Part 5.
Income shall be calculated by annualizing verified sources of income for the household, as
Oak Marsh,LLC
SHRR21-001 25 Q0,
SHIP Rental Rehabilitation Program
1 6 D 1 4
the amount of income to be received during the 12 months following the effective date of the
determination. The Annual Gross Income, as defined in Section 420.9071(4), Florida
Statutes, must be used to determine eligibility, and the SHIP Program income limits cannot
be exceeded.The SPONSOR shall maintain complete and accurate income records pertaining
to each tenant occupying a SHIP-assisted unit.Onsite inspections will be conducted annually,
upon reasonable prior written notice, to verify compliance with tenant income, rents, and
minimum property standards as stated in Section 420.907-420.9079, Florida Statutes and
Rule 67-37,Florida Administrative Code, as they may be amended from time to time.
3) Restriction on Use: The SPONSOR is required to comply with all applicable program
requirements of the SHIP Program, including but not limited to Section 420.907-420.9079,
Florida Statutes and Rule 67-37,Florida Administrative Code.Any or all of these regulations
may, but are not required to be, specifically set forth in any additional loan documents
executed in connection with the Loan. The SPONSOR shall include such language as the
COUNTY may require in any agreements with potential tenants of the Project,or any portion,
thereof to evidence such requirements.
4) Default of Subordinate Mortgage: The Subordinate Mortgage and Note shall provide that a
default shall occur if:
A. Sale; if proceeds are not sufficient to pay off the mortgage note,the property owner(not-
for-profit or for-profit) may contact the COUNTY regarding a settlement amount of the
SHIP loan.
B. Title transfer; either voluntarily or by operation of law, divested of title by judicial sale,
levy, or other proceedings, including foreclosure or Deed in Lieu.
C. Refinance; a refinance of the first mortgage may be approved without repayment if the
request is submitted in writing and the refinance is at a lower fixed rate with no cash out,
in accordance with the"Subordination Policy."
D. Property will no longer serve the intended target population.
E. Repayment of the loan is required in full when any of the aforementioned conditions is
met.
Other defaults that may trigger repayment, if not cured within any applicable cure or notice
period following a monitoring:
F. Lack of SPONSOR compliance with the State statutes or County Codes, which is
corrected within thirty(30)days of written notice from the COUNTY.
G. SPONSOR has not begun to offer at least forty-one (41) affordable rental housing units
to low-income families and individuals, in accordance with the provisions of Part 1 of
Exhibit B on or before,December 14,2021.
H. SPONSOR abandons, and/or ceases to use the Property as affordable rental housing to
tenants,without the prior written approval of the COUNTY.
Oak Marsh,LLC
SHRR21-001 26
SHIP Rental Rehabilitation Program
16014
Subject to the rights of USDA Rural Development as First Mortgagee and Florida Housing
as Second Mortgagee, the outstanding Loan balance shall become due and payable upon
default of this Agreement, the Mortgage, or Note if not cured within any applicable cure or
notice period.
5) Assurance of Public Purpose: The SPONSOR covenants that if it is unable or unwilling to
develop the property in accordance with the terms and conditions incorporated herein, no
lease,sale,or title transfer to any third party shall occur prior to giving the COUNTY a 90-day
notification. The COUNTY shall have the right, solely at the COUNTY's discretion, to
purchase or find another SPONSOR to purchase the Project and carry out the eligible
activities of the Program, for an amount not to exceed the amount of funds provided by the
COUNTY through the SHIP Program.
6) Affinuative Marketing: SPONSOR shall adopt appropriate procedures for affirmatively
marketing the SHIP-assisted units. Affirmative marketing consists of good faith efforts to
provide information and otherwise attract eligible persons from all racial, ethnic and gender
groups in the housing market area to the available housing. The SPONSOR shall be required
to use affirmative fair housing marketing practices in soliciting renters, determining
eligibility, concluding transactions, and affirmatively further fair housing efforts. The
SPONSOR must maintain a file containing all marketing efforts (i.e. copies of newspaper
ads,memos of phone calls, copies of letters, etc.)to be available for inspection upon request
by the COUNTY. The SPONSOR must provide a description of intended actions that will
inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the
housing market to the available housing. The SPONSOR must provide the COUNTY with
an assessment of the affirmative marketing program. Assessment must include: a) methods
used to inform the public and potential renters about federal fair housing laws and affirmative
marketing policy, b) methods used to inform and solicit applications from persons in the
housing market who are not likely to apply without special outreach; c) records describing
actions taken by the participating entity and/or owner to affirmatively market units; and d)
records to assess the results of these actions.
7) Tenant Leases and Protections: Tenants applying for rental housing units shall be qualified
on a first-qualified, first-served basis. Tenants must be income-eligible and must occupy the
rental unit as a primary residence. The SPONSOR shall comply with the provisions of the
Florida Landlord Tenant Act defined in Chapter 83 Part II of the Florida Statutes, SHIP
Program, and COUNTY requirements, which prohibit certain lease terms. All tenant leases
for assisted units shall be expressly subordinate to the Mortgage and shall contain clauses,
among others, wherein each individual lessee:
A. Agrees that the household income, household composition, and other eligibility
requirements shall be deemed substantial and material obligations of the tenancy;that the
tenant will comply promptly with all requests for information with respect thereto from
the SPONSOR or the COUNTY;and that tenant's failure to provide accurate information
about household income or refusal to comply with a request for information with respect
thereto shall be deemed a violation of a substantial obligation of his/her tenancy; and
Oak Marsh,LLC �0i
SHRR21-001 27
SHIP Rental Rehabilitation Program
16 14
B. Agrees not to sublease to any person or family who does not meet income qualifications
as determined,verified, and certified by the SPONSOR; and
C. States that the rental unit is the primary residence of the tenant; and
D. Agrees that the lease shall be for a one-year period, unless other terms are mutually
agreed upon by the SPONSOR and tenant.
SPONSOR will submit to the COUNTY, a copy of the tenant/owner lease agreement prior to
signature by the tenant. The COUNTY will review the lease for compliance with affirmative
marketing,tenant selection,and SHIP provisions stated in Section 420.907-420.9079,Florida
Statues and Rule 67-37, Florida Administrative Code.
8) Project Requirements: SPONSOR agrees not to undertake any activity that may adversely
affect historic or environmental sensitivity of the site, and to mitigate any findings identified
in an environmental assessment. The SPONSOR agrees that if the Project is located in a
Designated Flood Zone, all government requirements for construction in a flood zone shall
be satisfied.
Within 60 days of Agreement execution,the SPONSOR shall develop and submit to CHS a
rehabilitation schedule to include the following:
TENTATIVE SCHEDULE(Not a Condition of Payment)
Bid Solicitation February 9, 2022
(Oak Marsh projects multiple bids to be awarded due to
type of rehabilitation work to be performed)
Initial Plans and Permitting Approvals June 9, 2022
Work Commenced August 9, 2022
Construction Completion May 31, 2023
Project rehabilitation will commence and be completed in accordance with the schedule
submitted and in no event will rehabilitation commence later than 120 days from the date of
this Agreement, nor will the Project be completed later than 18 months from the execution
date of this Agreement.
Further, "project completion date" will mean issuance of all certificates of occupancy and
completion of initial lease-up.
9) Property Standards: The SPONSOR attests that the Project will meet the standards of the
Florida Building Code and all applicable local codes, standards, ordinances, and zoning
ordinances at the time of project completion and throughout the duration of the affordability
period. The Project will also meet the accessibility requirements at 24 CFR part 8, which
implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and covered
multifamily dwellings, as defined at 24 CFR 100.201, and the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601-
3619).
Oak Marsh,LLC 0
SHRR21-001 28
SHIP Rental Rehabilitation Program
1 6 D 1 4
In accordance with the Local Housing Assistance Plan, a sponsor shall follow each SHIP
Program strategy requirement below:
Energy Efficient Best Practices: Section 420.9075(3)(d), Florida Statutes defines Energy
Efficient Best Practices as: Innovative design, green building principles, storm resistant
construction, or other elements that reduce long term costs relating to maintenance, utilities,
or insurance.
Collier County requires the use or inclusion,when appropriate, of the following: energy star
appliances; low-E windows; additional insulation(for increased R-value); ceramic tile;tank-
less water heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; and
impact resistant windows and doors.
10)Property Management: The COUNTY reserves the right to require SPONSOR to enter into
a contract with a COUNTY approved property management firm for professional
management services of the Property,to provide leasing,collection of rents,maintenance and
repair of Property,and other property management tasks as the COUNTY may require. Such
contract shall stipulate that the contract will not be amended or terminated without prior
written consent of the COUNTY.
Oak Marsh,LLC
SHRR21-001 29 0
SHIP Rental Rehabilitation Program ��
ibD14
EXHIBIT C
Budget Narrative
Rental Rehabilitation Program
The total SHIP allocation to the SPONSOR for the Rental Rehabilitation Program shall not exceed
FOUR HUNDRED AND FIFTY THOUSAND DOLLARS ($450,000.00).
Sources for these funds are as follows:
Fiscal Year Rental Development Total
2021-2022 $450,000.00 $450,000.00
Total Funds $450,000.00 $450,000.00
Funds shall be disbursed in the following manner for the following uses:
1. Rehabilitation expenditure shall not exceed $450,000.00.
2. SPONSOR shall provide proof of payment equal the expenses.
Oak Marsh,LLC
SHRR21-001 30
SHIP Rental Rehabilitation Program
6 14
EXHIBIT D
COLLIER COUNTY COMMUNITY &HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SPONSOR Name: Oak Marsh, LLC
SPONSOR Address: 19308 SW 380th Street, Florida City, 33034
Project Name: Rental Rehabilitation,Repair/Roof Replacement
Project No: SHRR21-01 _ Payment Request#
Total Payment Minus Retainage $
Period of Availability: December 14,2021 _through July 31,2023
Period for which the SPONSOR has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Sponsor CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request) (includes Retainage)
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 SPONSOR. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required below$15,000) Division Director(Approval Required above
$15,000)
Oak Marsh,LLC
SHRR21-001 31 0
SHIP Rental Rehabilitation Program
ibD14
EXHIBIT E
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the 10th of the
following quarterly month.
Status Report for the Quarter Ending: Submittal Date:
Project Name: Project Number:
SPONSOR:
Contact Person:
Telephone: Fax: E-mail:
PROPERTY UNIT DATA
Number of units under rehab this period
Number of units completed this period
Number of units completed to date
EXPENDITURE DATA
Amount of funds expended this period
Amount of funds expended to date
New Contracts executed this period
Name of Contractor Address Amount of Contract
INCOME DATA
Client Income Category Income Amount
What events/actions are scheduled for the next month?
Identify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Date
Signature
Oak Marsh,LLC
SHRR21-001 32
SHIP Rental Rehabilitation Program
Vy
16D14
EXHIBIT F
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to
determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly,
Collier County requires that all appropriate documentation is provided regarding your organization's
compliance. In determining Federal awards expended in a fiscal year, the entity must consider all
sources of Federal awards based on when the activity related to the Federal award occurs, including any
Federal award provided by Collier County. The determination of amounts of Federal awards expended
shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit
Requirements. This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Total State Financial Assistance Expended
Expended during most recently completed during most recently completed Fiscal Year
Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan 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
06/18
Oak Marsh,LLC
SHRR21-001 33
SHIP Rental Rehabilitation Program