Okaloosa County BOCC — September 3, 2013 — Signed SHIP Administration Agreement 2013 — reading text

AGREEMENT between OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS and OKALOOSA COMMUNITY DEVELOPMENT CORPORATION This Agreement is made and entered into this day of , 2013 by and between the Okaloosa Community Development Corporation, (hereafter referred to as "Sub recipient" or "OCnC") and the Board of County Commissioners of Okaloosa County, (hereafter referred to as the "County" or "Recipient"). WHEREAS, through the State Housing Initiatives Partnership (SHIP) program, Okaloosa County from time to time receives funds to be used to provide and maintain affordable housing as provided in Part VII of Chapter 420, Florida Statutes, and Rule 67-37 of the Florida Administrative Code. WHEREAS, as provided in Ordinance 93-13 codified as Chapter 11.5 of the Okaloosa County Code, the Okaloosa Community Development Corporation has been designated as the SHIP Program Administrator for Okaloosa County. WHEREAS, in order to properly account for the SHIP funds allocated to Okaloosa County, it is necessary and desirable to enter into this formal agreement between the County as recipient and the Okaloosa Community Development Corporation as Subrecipient. NOW THERFORE, in consideration of the mutual promises set forth below, the County and the SUbrecipient agree as follows: ARTICLE I. STATEMENT OF WORK Subrecipient shall serve as the County's/City's SHIP administrator and shall: A. Implement the current approved Okaloosa County/City of Fort Walton Beach Local Housing Assistance Plan (LHAP) as provided in the attached Statement of Work (Exhibit A); B. Update the LHAP (Exhibit B) in coordination with and approval by Okaloosa County and the City of Fort Walton Beach as required by law; Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 1 of10  C. Timely develop and submit to County any and all reports, audits, or certifications required by law, the Florida Housing Finance Corporation, Okaloosa County, or the City of Ft. Walton Beach. Unless otherwise required herein or by law or statute, all reports, audits, certifications shall be submitted to the attention of the Director, Okaloosa County Growth Management Department, 1804 Lewis Turner Blvd. Suite 200, Ft. Walton Beach, FL 32547 no less than ten business days in advance of due date; D. Subrecipient shall expend and account for all SHIP funds in accordance with the provisions of Chapter 420, Florida Statues, Rule 67-37, Florida Administrative Code, and in accordance with the terms and conditions set forth by this agreement. ARTICLE II. PERIOD OF PERFORMANCE The authorized period of performance of this Agreement is from July 1, 2013 and shall end June 30, 2017, unless ternnnated as provided in Aliicle IX. ARTICLE ID. REQUESTS FOR REIMBUSREMENT AND ADMINISTRATIVE COSTS A. Generally. Tins Agreement provides for payment to Subrecipient on a cost reimbursement basis. The amount authorized for reimbursement under this Agreement shall not exceed the cumulative amount of any SHIP allocation made to Okaloosa County plus program income received and interest earned during the time in willch tills Agreement is in full force and effect. B. Requests for Reimbursement. Requests for reimbursement shall be made no more frequently than monthly, and no less frequently than quarterly. All requests for reimbursement and their associated documents shall be submitted to the attention of the Director, Okaloosa County Growth Management Department, 1804 Lewis Turner Blvd. Suite 200, Ft. Walton Beach, FL 32547. 1. Each request for reimbursement shall include a complete and accurate County Agreement/Lease Payment Approval FOlm (Exlnbit C), Subrecipient Invoice that reconciles with the attached supporting documentation. Invoice must state the period of performance covered and the SHIP allocation year and the respective Strategy as described in the LHAP for willch the work is authorized Supporting documentation includes, but is not limited to, copies of all paid invoices, receipts, cancelled checks, work orders, pernnts, inspection reports, Subrecipient estimates, executed contracts, and other documentation needed to verify the work completed, location of the work, cost of the work, and the contractor(s), subcontractor(s), or Subrecipient(s) who perfOlmed the eligible work. Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 2 of 10  2. Requests for reimbursement shall be sOlied by property, and shall be accompanied by a printout of the monthly SHIP Funding Reconciliation Report (see attached Exhibit D). C. Requests for Reimbursement for Down Payment Closing Cost Assistance Upon receipt of a completed and accurate County Agreement/Lease Payment Approval Form, Subrecipient Invoice, accompanied by an executed sales contract and a closing statement with the exact amount paid by Subrecipient (including proof of payment), the County shall reimburse the Subrecipient for qualified applicants as provided in the Down Payment Closing Cost Assistance Program described in the LHAP under which the payment was made. Requests for reimbursement for Down Payment/Closing Cost Assistance shall be accompanied by a printout of the monthly SHIP Funding Reconciliation Report, and shall reference the SHIP allocation year under which the request is made. D. Administrative Costs. As the County's Administrator of SHIP funds, the Subrecipient may invoice for administrative services as part of its monthly requests for reimbursement based upon the approved administrative budget as applicable. Reimbursement will be in accordance with Section B or C, as appropriate. Administrative tasks include but are not limited to paperwork and reporting requirements for application and receipt of funds, program monitoring requirements, staff suppOli for advisory committee activities, fiscal management and control, level of ongoing staff liaison with various organizations and agencies, administrative effort necessary to legally integrate varied rules and regulations of SHIP and other housing programs, and general project management and data collection of the (SHIP) Program. 1. SHIP Local Housing Distribution The Subrecipient shall receive a percentage of the SHIP allocation for SHIP administrative purposes as provided in Chapter 420 of the Florida Statutes and Okaloosa County Ordinance 93-13, and in accordance with the allocation under which reimbursement is sought. 2. Program Income Subrecipient shall be eligible to up to 5% of SHIP program income for administrative services as provided in Section 420.975, Florida Statutes, when program income is used for reimbursement of eligible SHIP expenditures. Subrecipient as pmi of its program income reimbursement shall request reimbursement of eligible administrative costs associated with eligible SHIP activities. Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 3 oflO ARTICLE IV. LOAN REPAYMENTS / RECAPTURED FUNDS / PROGRAM INCOME All loan repayments, recaptured funds and any other program income arising as a result of the SHIP program will be made payable and due to Okaloosa County and forwarded for deposit by Subrecipient within five (5) business days of receipt. Such payment shall be accompanied by a summary or report showing the origin of each part of the total and will also include a copy of the recorded loan origination documents and recorded satisfaction of liens associated with the funds received, as applicable. ARTICLE V. RECORDS AND AUDITS A. Generally. 1. Subrecipient shall maintain accurate records of all costs incurred in the performance of this agreement and agrees to allow representatives of the County, the State of Florida, Florida Housing Finance Corporation, and their auditor's reasonable access to its records to verify the validity of expenses reimbursed under this Agreement. 2. Subrecipient shall comply with all audit and repOliing requirements as depicted on Form DFS-A2-CL attached hereto as Exhibit E. B. Warranty. Subrecipient hereby warrants that it conducts audits as required by OMB Circulars, Florida Single Audit Act, Florida Statutes 215.97, Federal cost principles, or cost accounting standards applicable to its performance as a recipient of government funds and that such audit has revealed no material fmdings. Subrecipient also agrees to submit a copy of their most recent Annual Independent Financial Statement Audit Report which separately identifies SHIP Program revenues and expenditures no later than April 1st for the previous fiscal year to the following address: Contracts and Grants Manager Okaloosa County Clerk of Court Contracts and Grants Office 1804 Lewis Tumer Boulevard, Suite 206 FOli Walton Beach, Florida 32547 C. Maintenance of Records. Subrecipient shall maintain programmatic, financial and other records and supporting documents pertaining to this agreement for a period of five years after the termination of all activities funded under this Agreement. Nothwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 4 oflO  then such records must be retained until completion of the actions and resolution of all issues, or the expiration ofthe ten-year period, whichever occurs later. ARTICLE VI. PUBLICITY AND PUBLICATION Subrecipient shall not, without the prior written consent of the County, issue any press releases or in any manner advertise the fact that Subrecipient has entered into this Agreement. All publications resulting from the work under this agreement will acknowledge that the project was supported by the State award identified in the recitals of this Agreement. ARTICLE VII. SUBCONTRACTING AND ASSIGNMENT Subrecipient shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted, nor shall this Agreement be assigned, without the prior written authorization of the County. However, nothing herein shall be construed to prevent Subrecipient from hiring eligible contractors with the requisite licenses and certifications to perform actual construction activities or other physical work as may be required pursuant to the Scope of Wark. Any trade contractor hired by Subrecipient shall have all necessary and current licenses, certifications, and insurance as may be required by federal, state, and local law. Nothing contained in this Agreement shall create any contractual or agency relationship between a lower tier Subrecipient or assignee and the County. ARTICLE VIII. TERMINATION A. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of termination, Subrecipient shall be entitled to reimbursement for all eligible costs incurred to the date of termination and for all project eligible uncancelleable obligations. In no event, however,