Okaloosa County BOCC — September 3, 2013 — reading text

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 Packet Pg. 399 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 Packet Pg. 400  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, shall the termination cause the total amount paid to Subrecipient to exceed the estimated cost set forth in Paragraph A of Article III above. B. Within 60 days of the effective date of telmination, Subrecipient shall submit to the County a [mal repOli, to include a final financial repOli and [mal invoice. ARTICLE IX. CHANGES The County, within the general scope of this Agreement, may, at any time, by written notice to Subrecipient, issue additional instructions, require additional services or direct the omission of services covered by this Agreement. ARTICLE X. INDEMNIFICATION Subrecipient agrees to defend, indemnify and hold the County, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees) or claims for injury or damages arising out of the performance of this Agreement but only Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 5 of 10 Packet Pg. 401 in proportion to and to the extent such liability, loss, expense, attorneys' fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Subrecipient, its officers, agents or employees. ARTICLE XI. INSURANCE REQUIREMENTS A. The Subrecipient shall not commence any work in connection with this Agreement until he/she has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Officer. B. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the best Key Rating Guide published A.M. Best & Co., Inc. C. The County shall retain the right to reject all insurance Agreements that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the Subrecipient. D. The insurance definition of insured or Additional Insured shall include Subrecipient, Sub- contractors, and any association or subsidiary companies of the Subrecipient, which are involved, and which is a part of the Agreement. E. The County reserves the right at any time to require the Subrecipient to provide celiified copies of any insurance policies to document the insurance coverage specified in this Agreement. F. The designation of Subrecipient shall include any associated or subsidiary company involved in the project, must be named in the Worker's Compensation coverage. G. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least (30) days prior to the effective date of such cancellation or amendment. Such notice shall be given directly to the Okaloosa County Risk Management Officer. H. All insurance Agreements except the Worker's Compensation shall list Okaloosa County as an Additional Insured. Subrecipient shall provide the County current Celiificates of Insurance for all policies at least ten days before commencing work. 1. Workers' Compensation Insurance: 1. The Subrecipient shall secure and maintain during the life of this agreement Workers' Compensation insurance for all employees employed including superVlSlon, administration and management personnel. In case any work is sublet to a contractor with the approval of the County, the Subrecipient shall require the contractor to provide Workers' Compensation insurance for all employees. Evidence of such insurance shall Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 6 of10 Packet Pg. 402  be furnished the County not less than ten (10) days prior to the commencement of any and all work. 2. Such insurance shall comply with the Florida Workers' Compensation Law. 3. Coverage shall include a waiver or subrogation clause in favor of Okaloosa County. Also, this endorsement must be indicated on all Certificates of Insurance. J. Business Automobile and Public Liability Insurance: 1. The Subrecipient shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non-Owned, & Hired motor vehicle coverage. 2. The Subrecipient shall catTy other Public Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. 3. In addition to the required coverage in B. above, Public Liability coverage shall include the following: a. On and Off Premises Operational Liability b. Personal Injury Liability Insurance c. Independent Subrecipient Liability d. Completed Operations and Products