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Backup Documents 10/23/2018 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 0 6 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. Don Luciano Community and Human DL 10/19/18 Services 2. County Attorney Office County Attorney Office 1012 Vfl g 3. BCC Office Board of County S b' Commissioners 'is/ k•:. 2_4.\\c/ 4. Minutes and Records Clerk of Court's Office Pm to! art g tC: Olgol 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 m' sing information. Name of Primary Staff Don Luciano,Grant C rdinator, Phone Number 239-252-2509 Contact/ Department Community and Hu n Services Agenda Date Item was October 23,2018 Agenda Item Number 16 D 6 Approved by the BCC Type of Document SHIP Construction Assistance Sponsor Number of Original 9 3 Q, ., Attached Agreements. Documents Attached 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? 51 v i.. o 0 K_ --Ert- "-i=-"c7--) 2. Does the document need to be sent to another agency for addi onal signatures? If yes, DL provide the Contact Information(Name;Agency;Address;Phon on an attached shee 3. Original document has been signed/initialed for legal sufficiency. (All .ocu - s o be DL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's DL 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 DL 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 DL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip DL 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 10/23/18 and all changes made during the meeting have been incorporated in the attached document. The County '‘,..5) 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 fo the Chairman's signature. Ci\C- I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/125&d.. ...''' Instructions 1606 1) There are 3 original Contracts. Please return two Chairman signed Contracts to: Don Luciano Grants Coordinator Collier County Government 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 1606 MEMORANDUM Date: October 25, 2018 To: Don Luciano, Grants Coordinator Housing, Human & Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Three (3) State Housing Initiative Partnership (SHIP) Sponsor Agreements with FL Star Construction, LLC, JLH Sustainable Housing, LLC and Habitat for Humanity of Collier County, Inc. Attached please two original copies of the agreements referenced above, approved by the Board of County Commissioners (Item #16D6) October 23, 2018. The third original set of documents has been held for the Official Record in the Board's Minutes & Records Department. If you have any questions please call me at 252-8406. Thank you Attachments (6) 1606 Grant: SHIP I,HAP FY 2016-20191 Activity: Homeownership Project: New Construction Sponsor: FL Star Construction,LLC Agreement#: SHCON18-002 CSFA#: 52.901 DUNS #: 08-024-7279 FEIN: 47-4238764; Fiscal Year: 2017-18 Monitoring End: 09/30/2020 AGREEMENT BETWEEN COLLIER COUNTY AND FL STAR CONSTRUCTION,LLC THIS AGREEMENT is made and entered into this o?3'"'i day of OGAO.4).tA 12018, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or Grantee") having its principal address as 3339 E. Tamiami Trail, Suite 211,Naples FL 34112, and n Star Construction, LLCI, hereinafter referred to as "SPONSOR", a private for-profit corporation existing under the laws of the State of Florida,having its principal office at 7742 Alico Road,Ft. Myers,FL 33914 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 Initiative 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%of median annual income adjusted for family size; and WHEREAS,the Fiscal Year 12016-2019 Local Housing Assistance Plan, as amended,was adopted by the Board of County Commissioners on April 26, 2016,Resolution No. 2016-75; and WHEREAS, the COUNTY and the SPONSOR desire to provide new construction, in accordance with this Agreement and the aforementioned Local Housing Assistance Plans; and WHEREAS,the COUNTY desires to engage the SPONSOR to implement such undertakings, as CT) 1606 specified in Exhibit"A", 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: DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Initiatives 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 Service summarized in Section II of this Agreement. II. SCOPE OF SERVICE 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 A—B(New Construction Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, New Construction, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2017-2018 and SPONSOR's Application dated April 10, 2018. III. GRANT AND SPECIAL CONDITIONS A. Within 60 days of the execution of this Agreement,the SPONSOR must deliver to Community and Human Services Division (CHS) for approval a detailed project schedule for the implementation through completion of the project to include staff assignment. B. The following resolutions and policies must be adopted, if not previously adopted, by the SPONSOR's governing body within 60 days of contract execution: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action Policy 4. Conflict of Interest Policy 5. Equal Opportunity Policy 6. Sexual Harassment Policy 1606 7. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794) 8. Fraud Policy 9, Marketing Policy IV. PERIOD OF PERFORMANCE This Agreement shall be in effect from October 23, 2018 through June 30, 2020, and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit A (New Construction Project Requirements). This agreement must remain in effect throughout the development process of the Project and is terminated upon ;completion of construction and sale to a CHS referred applicant.In any event,all services required hereunder shall be completed by the SPONSOR prior to June 30,2020".Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. V. AGREEMENT AMOUNT It is expressly agreed and understood that the total amount of construction assistance, for the use by the SPONSOR during the term of the Agreement, shall not exceed (THREE HUNDRED THOUSAND DOLLARS($300,000). The budget identified for the Project shall be*as follows Line Item Description SHIP Funds • Project Deliverable: Construction of new housing $$0,000.00 per units 1 housing uniti TOTAL 000,000.00; The County shall provide construction cost assistance to the SPONSOR for the performance of this agreement upon completion of the project deliverable,as accepted and approved by CHS. SPONSOR may not request construction cost assistance of SHIP funds until the deliverable has been provided. Payment shall be made to the SPONSOR only after a certificate of occupancy has been issued for the related housing unit. Payment will not occur if SPONSOR fails to perform the construction required by this agreement. All requests for cost assistance are due no later than 90 days after the end of the agreement. Work performed during the term of the program,but not requested within 90 days after the end of the agreement, may not be processed without written authorization from the Grant Coordinator, 1606 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. No construction assistance will be provided until approved by CHS for grant compliance and adherence to any, and all applicable Local, State or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." All services specified in Section II. Scope of Services, as well as in Exhibit A, shall be performed by SPONSOR. Contract administration shall be handled by the SPONSOR and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY will secure the awarded amount per property with a note and mortgage. The Note will bear interest at 0% percent interest per year and be released upon sale to a CHS referred applicant. If the SPONSOR fails to comply with the terms and conditions of this Agreement, SHIP funds shall be due and payable back to the County. VI. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Don Luciano, Grants Coordinator Collier County Government Community and Human Services 3339 E Tamiami Trial, Suite 211 Naples, Florida 34112 Email to: Donald.Luciano@colliercountyfl.govj Phone: 239-252-2504 SPONSOR ATTENTION: David E. Torres, Managing Partner{ FL Star Construction,LLC 7742 Alico Road Ft. Myers, FL 33912 Email to: avid@fl-star.cort Telephone: 239-732-5170 j 0 1606 VII. GENERAL CONDITIONS A. GENERAL COMPLIANCE The SPONSOR agrees to comply with the requirements as outlined in Section 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 for New Construction. B. 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 at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance and Workers' Compensation Insurance, as the SPONSOR is an independent sponsor. C. WORKERS' COMPENSATION The SPONSOR, its contractors and subcontractors, shall provide Workers' Compensation Insurance coverage for all its employees involved in the performance of this contract. D. INSURANCE 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 C. E. 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' fees 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 0 1606 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 there-on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes. F. GRANTOR RECOGNITION 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 digitally prepared, and released by the SPONSOR for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY FLORIDA HOUSING FINANCE CORPORATION (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 Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. AMENDMENTS The COUNTY and/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 Grantee's governing body. Such amendments shall not invalidate this Agreement,nor relieve or release the Grantee or SPONSOR from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts,or for other reasons.If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both Grantee and SPONSOR. Expiration of Agreement: If the SPONSOR does not complete the project within the time,the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. 0 1606 H. SUSPENSION OR TERMINATION Either party may terminate this Agreement, at any time, by giving written notice to the other party of such termination, and specifying the effective date thereof,at least 90 days before the effective date of such termination.In the event of any termination, all finished or unfinished documents, data, studies, drawings, maps, models, photographs, reports or other materials prepared by the SPONSOR under this Agreement shall, at the option of the COUNTY, become the property of the COUNTY. The COUNTY may also suspend or terminate this Agreement, in whole or in part, if the SPONSOR materially fails to comply with any term of this Agreement,or with any of the rules, regulations or provisions referred to herein, in addition to other remedies, as provided by law. If through any cause, the SPONSOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or violates any of the covenants, agreements, or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement or suspend payment, in whole or part, by giving written notice to the SPONSOR of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. See Section VIII. H., Corrective Action, for escalation steps leading to suspension or termination for non-compliance. If payments are withheld, Community and Human Services Division(CHS) staff shall specify, in writing,the actions that must be taken by the SPONSOR, as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: * Ineffective use of funds. * Failure to comply with Section II, Scope of Service of this Agreement. * Failure to submit periodic reports as determined by the COUNTY. DEBARMENT The SPONSOR certifies that no officer or agent of the SPONSOR has 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. J. SUBCONTRACTS The SPONSOR is permitted to subcontract construction activities as part of the construction for the new housing units. 0 1606 M The administration of this agreement may not 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 VIII. ADMINISTRATIVE REQUIREMENTS A. RECORDS TO BE MAINTAINED The SPONSOR shall maintain all records required by the COUNTY that are pertinent to the activities to be funded under this Agreement, as established in Exhibit A(New Construction Project Requirements). B. RECORDS RETENTION The SPONSOR shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) fiscal years after the Project Completion Date as defined in Exhibit A, section (e), provided applicable audits have been released.Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the (5) five-year period, then such records must be retained until completion of the actions and resolution of all issues. However, in no case can such records be disposed of before the (5) five fiscal year minimum. All reports,plans,surveys,information,documents,maps,books,records and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purposes of this Agreement shall be made available to the COUNTY,by the SPONSOR, at any time, upon request by the COUNTY or CHS. 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. These records shall be maintained to the extent of such detail as will 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. 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,the SPONSOR shall keep all documents and records in an orderly fashion, in a readily accessible, permanent and secured location. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this Agreement,of the address where the records are to be kept. 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 contract and destroy any duplicate public records that are exempt or confidential 0 1 6 D 6 and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox(a colliercountvfl.gov, 3299 Tamiami Trail E, Naples FL 34112. C. DISCLOSURE The SPONSOR shall maintain records in accordance with Florida's Public Information Law(F.S. 119). D. GRANT CLOSEOUT PROCEDURE The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets, close out monitoring and determining the custodianship of records. In addition to the records retention outlined in Section VIII.B, the SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the 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 complies with Section 215.97,Florida Single Audit Act. E. AUDITS AND INSPECTIONS 1. Audits Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that the SPONSOR expends a total amount of State awards equal to or in excess of $750,000 in any fiscal year of such SPONSOR, the SPONSOR must have a State single or project-specific audit for such fiscal year, in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor General. In connection with these audit 1606 requirements, the 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)(e), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 30 days after delivery of the financial reporting package to the SPONSOR but no later than 180 days after the SPONSOR's fiscal year end. 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. In the event that 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. Inspections The SPONSOR'S records with respect to any matters covered by this Agreement shall be made available to the COUNTY and/or the FHFC at any time during normal business hours, as often as the COUNTY or the FHFC deems necessary,to audit,examine,and make excerpts or transcripts of all relevant data. F. MONITORING The SPONSOR agrees that CHS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion,a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SPONSOR shall, upon the request of CHS, submit information and status reports required by CHS to enable CHS to evaluate said progress and to allow for completion of reports required. The SPONSOR shall allow CHS to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled, as determined by CHS. The COUNTY will monitor the performance of the SPONSOR based on goals and performance standards as stated with all other applicable federal, state and local laws,regulations, and policies governing the funds provided under this Agreement. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SPONSOR within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. The SPONSOR agrees to provide the COUNTY,or the COUNTY's internal auditor(s)access to all records related to performance of activities in this agreement. 1606 G. PREVENTION OF FRAUD AND ABUSE SPONSOR shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the 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 are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SPONSOR shall give COUNTY complete access to all of 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 waste, fraud and abuse. SPONSOR may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to the COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. H. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution 2013-228, Community and Human Services (CHS) Division has adopted an escalation policy to ensure continued compliance by subrecipients, sponsors, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following the monitoring visit. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of five percent (5%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. 1606 • The entity may be denied consideration as set forth in Resolution 2013-228. 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance, by certified mail; the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of ten percent (10%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. • The entity will be in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non-compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. • The entity will be in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non-compliant, the above sanctions may be imposed across all awards at the Director's discretion. I. PROGRESS REPORTS The SPONSOR shall submit regular Quarterly Progress Report(Exhibit E)to the COUNTY in the form, content and frequency required by the COUNTY. IX. CIVIL RIGHTS COMPLIANCE The SPONSOR agrees that no person shall, on the ground of race, creed, color, religion, national origin, sex, handicap, familial status, marital status or age be excluded from receiving program benefits,or be subjected to discrimination 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 the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available 0 1606 to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. X. PROHIBITED ACTIVITY The SPONSOR is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities; lobbying,political patronage, and nepotism activities. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, if such remainder would then continue to conform to the terms and requirements of applicable law. XII. AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from SHIP grant funds from FHFC and must be implemented in full compliance with all of SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the event of curtailment or non-production of said state funds, the financial sources necessary to continue to pay the SPONSOR all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment,that the funds are no longer available. In the event of such termination, the 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. XIII. DEFAULTS,REMEDIES,AND TERMINATION This Agreement may also be terminated for convenience by either the COUNTY or the 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, if in the case of a partial termination, the COUNTY determined that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety. The following actions or inactions by the SPONSOR shall constitute a Default under this Agreement: A. Failure to comply with any of the rules,regulations or provisions referred to herein, or such statutes, regulations, executive orders, and SHIP guidelines, policies or 1606 directives as may become applicable at any time; B. Failure, for any reason, of the SPONSOR to fulfill, in a timely and proper manner, its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission, by the SPONSOR to the COUNTY, of reports that are incorrect or incomplete in any material respect. E. Submission by the SPONSOR of any false certification; F. 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: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of, or change in, professional property management; 3. Require immediate repayment by the SPONSOR to the COUNTY of all SHIP funds the SPONSOR has received under this Agreement; 4. Apply sanctions, if determined by the COUNTY to be applicable; 5. Stop all payments,until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to 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 claim of benefit for any incomplete project activities undertaken under this Agreement. XIV. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses, minority business enterprises, and women owned business enterprises the maximum practicable opportunity to participate in the performance of this contract.As used in this contract,the terms"small business" means a business that meets the criteria set forth in section 3(a) of the Small 0 16136 Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,Asian-Americans, and American Indians. The SPONSOR may rely on written representations by businesses regarding their status as minority and female business enterprises, in lieu of an independent investigation. XV. AFFIRMATIVE ACTION The SPONSOR agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SPONSOR to assist in the formulation of such program. Prior to the award of funds, the SPONSOR shall submit for approval, a plan for an Affirmative Action Program.In the event any policy modifications are made throughout the term of the agreement the SPONSOR shall submit the updated policy to the COUNTY within 30 days of modification. XVI. 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 areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. The SPONSOR covenants that it will comply with all provisions of FL 287.057 "Conflict of Interest", and any additional State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and very low-income residents of the project target area. 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 that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit the SPONSOR's ability to self- manage the projects using its own employees. XVII. INCIDENT REPORTING If services to clients are to be provided under this agreement, the SPONSOR and any 1606 subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. XVIII. RELIGIOUS ORGANIZATIONS State funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Florida Statue,Chapter 196.011. The SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local Governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided it does not use direct State funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part. Sanctuaries,chapels,or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. XX. NATURAL DISASTER In the event of a natural disaster, this Agreement may be suspended or terminated, and funds transferred to recovery activities, as determined by the COUNTY. Funds subject to this provision shall be those that are not contractually committed for construction, design or other such third party private vendors. XXI. 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 0 1606 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. XXII. ACQUISITION,RELOCATION,AND DISPLACEMENT The SPONSOR acknowledges that the SPONSOR will bear sole responsibility for any costs or reimbursements,legal or otherwise,from person or persons claiming that they have been involuntarily displaced by the acquisition of real property associated with development of the Project. XXIII. COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright materials 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. XXIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) 'enumerated pages and the exhibits and attachments referenced herein, shall be executed in two counterparts, each of which shall be deemed to be some original, and such counterparts will constitute one and the same instrument. XXV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the entire understanding. The parties herby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. (Signature Page to Follow) 16D6 IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD 0' CO , TY CO AV ,/ ERS OF CRYSTAL K.KINZEL,CLERK OF COURTS COLLIE' OU►e , i- r..fr e II OC,, By: L • ,DtI 0;0 Y tr •Y SOLIS,CHAIRMAN Attest as to s. irm Dated: 1 n ILaD1 (SEAL) Date: ID a3 1 1 $ FL STAR CONSTRUCTION,LLC By: DAVID TORRES,MANAGING PARTNER Date: 5/ Approved as to form and legality: Jenni er A.Belpedio C}) ` Assistant County Attorne '� 0.\ Date: 1 01 3 `\ Item# Agenda t 2 Date ----- Date l0_. Rec'd 1 �- BL"u Deputy Cl a • � 1606 EXHIBIT A NEW CONSTRUCTION PROJECT REQUIREMENTS The Project is to be developed as affordable residential housing, in accordance with the SHIP Program, and the Collier County LHAP Y 2016-2019. The SPONSOR shall perform the following activity under this agreement: a) New Construction: The SPONSOR is required to comply with all applicable program requirements of the State Housing Initiatives Partnership(SHIP)Program, including but not limited to Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code and Collier County Construction Standards. 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 Project. The SPONSOR shall include such language as the COUNTY may require in any agreements with prospective homeowners of the Project, or any portion,thereof to evidence such requirements. b) Default of Mortgage: The Sponsor shall be considered in default if any of the following occur: 1. The SPONSOR fails to construct a safe, sanitary and habitable housing unit. 2. The SPONSOR fails to receive Certificate of Occupancy for new housing unit. 3. The SPONSOR fails to sell to CHS referred SHIP applicant on or before May 31,2020. c) Assurance of Public Purpose: The SPONSOR covenants that if the SPONSOR is unable or unwilling to sell the property in accordance with the terms and conditions incorporated herein, the SPONSOR shall give the COUNTY a 90 (Ninety) day notification, during which time;the COUNTY shall require the SPONSOR to remit payment for an amount not to exceed the amount of funds provided by the COUNTY through the Program. d) 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 to attract to the available housing, eligible persons from all racial, ethnic and gender groups in the housing market area.The SPONSOR shall be required to use affirmative fair housing marketing practices in soliciting homebuyers, 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 on 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 homebuyers 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. e) Project Requirements: The SPONSOR agrees that in the event that the Project is located in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. SHIP New Construction 19 0 1606 The SPONSOR shall develop and submit to CHS, within 60 days of contract execution, a construction schedule to include the following: TENTATIVE SCHEDULE (Adherence is not a condition of payment) Sites Identified/Site Due Diligence January, 2019 Property(ies)Under Conditional Contract March, 2019 Construction Commencement June, 2019 Certificate of Occupancy Issued for all Newly April 1, 2020 Constructed Housing Units Project Completion Date June 30, 2020 Further, "project completion date" will mean issuance of all certificates of occupancy and completion of sale to referred households. f) 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 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 property is rehabilitated at any time during affordability period. In accordance with the Local Housing Assistance Plan, a SPONSOR shall follow each SHIP Program strategy program requirements below: Energy Efficient Best Practices: Section 420.9075(3)(d),F.S. 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 property rehabilitated at any time during affordability period. 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. Evidence of such is not a condition of the construction subsidy payment. g) Payment Documents: 1. Certificate of occupancy. 2. Pictures during construction and of finished housing unit. 3. Floor plan or unit specifications. 4. Final invoice. 5. Pay Request Form(Exhibit"E") 6. Fully executed SHIP Note& Mortgage to Collier County. SHIP New Construction 20 1606 EXHIBIT B BUDGET NARRATIVE NEW CONSTRUCTION PROGRAM The total SHIP allocation to the SPONSOR for the New Construction Program shall not exceed THREE HUNDRED THOUSAND DOLLARS ($300,000.00). Uses of these funds are as follows: The Construction subsidy shall be disbursed in the following manner for the following uses: 1. Construction expenditure shall not exceed$50,000 per certificate of occupancy(CO)for each housing unit. 2. Funds to be disbursed upon submission of a proper Pay Request (Exhibit "E") and in accordance with Florida Prompt Payment Act. SHIP New Construction 21 0 1606 EXHIBIT C 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. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the 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. Collier County shall be named as an additional insured. 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(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). SHIP New Construction 22 • 0 1606 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. SHIP New Construction 23 1606 EXHIBIT D REPORTS Report Title Documentation Required Due Date Special Grant Policies See Section III,B Within 60 days of Agreement execution Project Schedule See Section III, A Within 60 days of Agreement execution Insurance Proof of coverage in lAt time of Agreement (Flood, Property, O&D) accordance with Exhibit C/ execution and annually within Declaration page 30 days after renewal SPONSOR Audit Audit report, Management Within 9 months for Single Letter and Exhibit G, as Audit(otherwise 180 days) applicable after the end of the SPONSOR fiscal year through 2019-20, as applicable Progress Report Progress report, detailing 10 days after the end of the accomplishments Exhibit F calendar quarter until July 10, 2020 SHIP New Construction 24 • 0 1606 • EXHIBIT "E" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: FL Star Construction,LLC Sub recipient Address: 7742 Alico Road,Ft. Myers, FL 33912 Project Name: New Construction Project No: SHCON18-002 Payment Request# Total Payment: Period of Availability: October 23,2018 to June 30, 2020 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3, Total Grant Amount Awarded Less Sum of • Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT, To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing GrantAccountant Supervisor • Department Director (approval required $15,000 and above) (approval required $15,000 and above) SHIP New Construction 25 1606 EXHIBIT"F" QUARTERLY PROGRESS REPORT Complete form for preceding quarter and submit to Community and Human Services staff by the 10`h of the following month. Status Report for the Quarter Ending:''I iSubmittal Date: Project Name: New Construction j Project Number: SHCON18-002 SPONSOR: FL Star Construction,LLC Contact Person: j Telephone: Fax:I I E-mail: PROPERTY UNIT DATA Number of units under construction this period Number of units under construction to date Number of units completed this period Number of units completed to date MARKETING DATA Potential Homebuyers Referred this period Homebuyers under contract TIMELINE PROGRESS PROPERTY ADDRESS CONSTRUCTION CONSTRUCTION ANTICIPATED ANTICIPATED COMMENCED COMPLETED C/O DATE SALE DATE (YIN) (YIN) What events/actions are scheduled for the next quarter? I I. Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Date Signature SHIP New Construction 26 1606 EXHIBIT "G" 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 organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 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 ❑ 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 SHIP New Construction 27 1606 EXHIBIT "H" • HOLD HARMLESS LETTER Please be advised that I/We,FL Star Construction,LLC existing under the laws of the State of Florida, having its principal office at j7742 Alico Road, Ft. Myers, FL 33912 ("SPONSOR"), under agreement with Collier County Board of County Commissioners for the SHIP New Construction project, verify that I/We are a self-insured company. I/We understand that we are to construct new housing units, hereafter referred to as "Improvements." L Indemnification and Hold Harmless a. In General In the performance of the Subrecipient Agreement to which this exhibit is attached, the undersigned hereby agrees to release, indemnify and hold harmless Collier County,as well as their employees,agents and representatives (collectively, the "County"), from any and all claims, demands, causes of action or damages of any kind or nature brought by the undersigned or others, including reasonable attorneys' fees, arising out of or in any way associated with,the County's authorization to allow the Improvements to be constructed, operated, and maintained by the Club. This includes without limitation, all claims, demands,costs or judgments against the County whether such liability, loss or damage is due or claimed to be due to the negligence of the undersigned,its contractors,subcontractors,the County,its employees, agents or representatives. b. Respecting the Improvements The undersigned hereby agrees to release, indemnify and hold harmless the County and accepts all risks of loss associated with respect to the Improvements. II. Successors and Assigns The undersigned further agrees, as the entity responsible for ownership and maintenance of the Improvements, that this document may be recorded, and that the representations and obligations herein are binding upon its successors and assigns. SHIP New Construction 28 1 1606 Signature Signature Print Name Print Name Title Title STATE OF FLORIDA COUNTY OF The foregoing instrument was subscribed and sworn before me this day of ,20 , by who produced as identification. Notary Signature Notary Seal: SHIP New Construction 29 41) 1606 Grant: SHIP jLHAP FY 2016-2019'1 Activity: Homeownership Project: New Construction Sponsor: I Habitat for Humanity of Collier County,Inc. Agreement#: SHCON18-001 CSFA#: 52.901 DUNS#: 080676690 FEIN:159-1834379; Fiscal Year: 1(2017-18; Monitoring End: 0/30/20201 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY,INC. I THIS AGREEMENT is made and entered into this j34 day of dNcv2.,4-1, 11201$11i by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or Grantee") having its principal address as 3339 E. Tamiami Trail, Suite 211,Naples FL 34112, and Habitat for Humanity of Collier County,Inc.,hereinafter referred to as"SPONSOR",a private for-profit corporation;existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East,Naples,FL 341131. 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 Initiative 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%of median annual income adjusted for family size; and WHEREAS,the Fiscal Year f2016-2019'Local Housing Assistance Plan,as amended,was adopted by the Board of County Commissioners on April 26, 2016,Resolution No. 2016-751; and WHEREAS, the COUNTY and the SPONSOR desire to provide new construction, in accordance with this Agreement and the aforementioned Local Housing Assistance Plans; and 0 1606 WHEREAS,the COUNTY desires to engage the SPONSOR to implement such undertakings, as specified in Exhibit"A",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: DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Initiatives 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 Service summarized in Section II of this Agreement. II. SCOPE OF SERVICE 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 A—B(New Construction Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, New Construction, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2017-2018 and SPONSOR's Application dated April 10, 2018. III. GRANT AND SPECIAL CONDITIONS A. Within 60 days of the execution of this Agreement,the SPONSOR must deliver to Community and Human Services Division (CHS) for approval a detailed project schedule for the implementation through completion of the project to include staff assignment. B. The following resolutions and policies must be adopted, if not previously adopted, by the SPONSOR's governing body within 60 days of contract execution: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action Policy 4. Conflict of Interest Policy 5. Equal Opportunity Policy 6. Sexual Harassment Policy 0 1686 7, Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 8, Fraud Policy 9. Marketing Policy IV. PERIOD OF PERFORMANCE • This Agreement shall be in effect from!October 23, 2018 through June 30, 2020, and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit A (New Construction Project Requirements), This agreement must remain in • effect throughout the development process of the. Project. and is terminated upon completion of construction and sale to a CHS referred applicant.!In any event,all services required hereunder shall be completed by the SPONSOR prior to June 30,20201.Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. V, AGREEMENT AMOUNT It is expressly agreed and understood that the total amount of construction assistance, for the use by the SPONSOR during the term of the Agreement, shall not exceed +'‘OUR HUNDRED THOUSAND DOLLARS ($400,000). The budget identified for the Project shall be as follows Line Item Description SHIP Funds Project Deliverable: Construction of new housing 00,000.00 per units housing unit], TOTAL $J400,000.00 The County shall provide construction cost assistance to the SPONSOR for the performance of this agreement upon completion of the project deliverable,as accepted and approved by CHS. SPONSOR may not request construction cost assistance of SHIP funds until the deliverable has been provided. Payment shall be made to the SPONSOR only after a certificate of occupancy has been issued for the related housing unit. Payment will not occur if SPONSOR fails to perform the construction required by this agreement. All requests for cost assistance are due no later than 90 days after the end of the agreement. Work performed during the term of the program,but not requested within 90 days after the end of the agreement, may not be processed without written authorization from the Grant • • Coordinator. 1606 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. No construction assistance will be provided until approved by CHS for grant compliance and adherence to any, and all applicable Local, State or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." All services specified in Section II. Scope of Services, as well as in Exhibit A, shall be performed by SPONSOR. Contract administration shall be handled by the SPONSOR and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY will secure the awarded amount per property with a note and mortgage. The Note will bear interest at 0%percent interest per year and be released upon sale to a CHS referred applicant. If the SPONSOR fails to comply with the terms and conditions of this Agreement, SHIP funds shall be due and payable back to the County. VI. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION:lDon Luciano, Grants Coordinator] Collier County Government Community and Human Services 3339 E Tamiami Trial, Suite 211 Naples, Florida 34112 Email to: Donald.Luciano@colliercountyfl.govl Phone: 239-252-25091 SPONSOR ATTENTION:Nicholas J. Kouloheras, President or Michael Jordan,Director of Grants and Compliance ]Iabitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples,FL 34113 Email to: nkouloheras@habitatcollier.org or 1606 mjordan@habitatcollier.org Telephone:1239-775-0036 VII. GENERAL CONDITIONS A. GENERAL COMPLIANCE The SPONSOR agrees to comply with the requirements as outlined in Section 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 for New Construction. B. 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 at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance and Workers' Compensation Insurance, as the SPONSOR is an independent sponsor. C. WORKERS' COMPENSATION The SPONSOR, its contractors and subcontractors, shall provide Workers' Compensation Insurance coverage for all its employees involved in the performance of this contract. D. INSURANCE 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 C. E. 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' fees 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 s 0 1606 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 there-on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes. F. GRANTOR RECOGNITION 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 digitally prepared, and released by the SPONSOR for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY FLORIDA HOUSING FINANCE CORPORATION (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 Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. AMENDMENTS The COUNTY and/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 Grantee's governing body. Such amendments shall not invalidate this Agreement,nor relieve or release the Grantee or SPONSOR from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts,or for other reasons.If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both Grantee and SPONSOR. Expiration of Agreement: If the SPONSOR does not complete the project within the time,the COUNTY Manager or designee may grant a cumulative time extension 0 1606 of no more than 180 days and modify any subsequent project work plans to reflect the extension. H. SUSPENSION OR TERMINATION Either party may terminate this Agreement, at any time, by giving written notice to the other party of such termination,and specifying the effective date thereof, at least 90 days before the effective date of such termination.In the event of any termination, all finished or unfinished documents, data, studies, drawings, maps, models, photographs, reports or other materials prepared by the SPONSOR under this Agreement shall, at the option of the COUNTY, become the property of the COUNTY. The COUNTY may also suspend or terminate this Agreement, in whole or in part, if the SPONSOR materially fails to comply with any term of this Agreement,or with any of the rules, regulations or provisions referred to herein, in addition to other remedies, as provided by law. If through any cause, the SPONSOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or violates any of the covenants, agreements, or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement or suspend payment, in whole or part, by giving written notice to the SPONSOR of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. See Section VIII. H., Corrective Action, for escalation steps leading to suspension or termination for non-compliance. If payments are withheld, Community and Human Services Division(CHS) staff shall specify, in writing,the actions that must be taken by the SPONSOR,as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include,but not be limited to: * Ineffective use of funds. * Failure to comply with Section II, Scope of Service of this Agreement. * Failure to submit periodic reports as determined by the COUNTY. DEBARMENT The SPONSOR certifies that no officer or agent of the SPONSOR has 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. J. SUBCONTRACTS The SPONSOR is permitted to subcontract construction activities as part of the 1606 construction for the new housing units. The administration of this agreement may not 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 VIII. ADMINISTRATIVE REQUIREMENTS A. RECORDS TO BE MAINTAINED The SPONSOR shall maintain all records required by the COUNTY that are pertinent to the activities to be funded under this Agreement, as established in Exhibit A(New Construction Project Requirements). B. RECORDS RETENTION The SPONSOR shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) fiscal years after the Project Completion Date as defined in Exhibit A, section (e), provided applicable audits have been released.Notwithstanding the above, if there is litigation,claims,audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the (5) five-year period, then such records must be retained until completion of the actions and resolution of all issues. However, in no case can such records be disposed of before the (5) five fiscal year minimum. All reports,plans,surveys,information,documents,maps,books,records and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purposes of this Agreement shall be made available.to the COUNTY,by the SPONSOR, at any time, upon request by the COUNTY or CHS. 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. These records shall be maintained to the extent of such detail as will 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. 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, the SPONSOR shall keep all documents and records in an orderly fashion, in a readily accessible, permanent and secured location. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this Agreement,of the address where the records are to be kept. SPONSOR shall meet all requirements for retaining public records and transfer, at no cost, to 0 1606 COUNTY all public records in possession of the SPONSOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox(a�colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. C. DISCLOSURE The SPONSOR shall maintain records in accordance with Florida's Public Information Law (F.S. 119). D. GRANT CLOSEOUT PROCEDURE The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets, close out monitoring and determining the custodianship of records. In addition to the records retention outlined in Section VIII.B, the SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the 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 complies with Section 215.97,Florida Single Audit Act. E. AUDITS AND INSPECTIONS 1. Audits Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that the SPONSOR expends a total amount of State awards equal to or in excess of $750,000 in any fiscal year of such SPONSOR, the SPONSOR must have a State single or project-specific audit for such fiscal year, in accordance with Section 215.97, Florida Statutes; applicable rules ��O 1606 • of the Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor General. In connection with these audit requirements, the 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)(e), Florida Statutes, and Chapter 10.650,Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 30 days after delivery of the financial reporting package to the SPONSOR but no later than 180 days after the SPONSOR's fiscal year end. 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. In the event that 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. Inspections The SPONSOR'S records with respect to any matters covered by this Agreement shall be made available to the COUNTY and/or the FHFC at any time during normal business hours, as often as the COUNTY or the FHFC deems necessary,to audit,examine,and make excerpts or transcripts of all relevant data. F. MONITORING The SPONSOR agrees that CHS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion,a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SPONSOR shall, upon the request of CHS, submit information and status reports required by CHS to enable CHS to evaluate said progress and to allow for completion of reports required. The SPONSOR shall allow CHS to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled, as determined by CHS. The COUNTY will monitor the performance of the SPONSOR based on goals and performance standards as stated with all other applicable federal, state and local laws,regulations,and policies governing the funds provided under this Agreement. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SPONSOR within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. The SPONSOR agrees to provide the COUNTY,or the COUNTY's internal auditor(s) access to all 1606 records related to performance of activities in this agreement. G. PREVENTION OF FRAUD AND ABUSE SPONSOR shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the 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 are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SPONSOR shall give COUNTY complete access to all of 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 waste, fraud and abuse. SPONSOR may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to the COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. H. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution 2013-228, Community and Human Services (CHS) Division has adopted an escalation policy to ensure continued compliance by subrecipients, sponsors, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following the monitoring visit. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. 1606 • The Division may require upwards of five percent (5%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. • The entity may be denied consideration as set forth in Resolution 2013-228. 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance, by certified mail; the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of ten percent (10%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. • The entity will be in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non-compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. • The entity will be in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non-compliant, the above sanctions may be imposed across all awards at the Director's discretion. I. PROGRESS REPORTS The SPONSOR shall submit regular Quarterly Progress Report(Exhibit E)to the COUNTY in the form, content and frequency required by the COUNTY. IX. CIVIL RIGHTS COMPLIANCE The SPONSOR agrees that no person shall, on the ground of race, creed, color, religion, national origin, sex, handicap, familial status, marital status or age be excluded from receiving program benefits,or be subjected to discrimination 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 the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, 1606 ro layoff,termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. X. PROHIBITED ACTIVITY The SPONSOR is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities; lobbying,political patronage, and nepotism activities. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, if such remainder would then continue to conform to the terms and requirements of applicable law. XII. AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from SHIP grant funds from FHFC and must be implemented in full compliance with all of SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the event of curtailment or non-production of said state funds, the financial sources necessary to continue to pay the SPONSOR all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment,that the funds are no longer available. In the event of such termination, the 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. XIII. DEFAULTS,REMEDIES,AND TERMINATION This Agreement may also be terminated for convenience by either the COUNTY or the 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, if in the case of a partial termination, the COUNTY determined that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety. The following actions or inactions by the SPONSOR shall constitute a Default under this Agreement: • 1606 A. Failure to comply with any of the rules,regulations or provisions referred to herein, or such statutes, regulations, executive orders, and SHIP guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SPONSOR to fulfill, in a timely and proper manner, its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission, by the SPONSOR to the COUNTY, of reports that are incorrect or incomplete in any material respect. E. Submission by the SPONSOR of any false certification; F. 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: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of, or change in, professional property management; 3. Require immediate repayment by the SPONSOR to the COUNTY of all SHIP funds the SPONSOR has received under this Agreement; 4. Apply sanctions, if determined by the COUNTY to be applicable; 5. Stop all payments, until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to 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 claim of benefit for any incomplete project activities undertaken under this Agreement. XIV. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses, minority business enterprises, and women owned business enterprises the maximum practicable opportunity ' ' I 0 1606 to participate in the performance of this contract.As used in this contract,the terms"small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,Asian-Americans, and American Indians. The SPONSOR may rely on written representations by businesses regarding their status as minority and female business enterprises, in lieu of an independent investigation. XV. AFFIRMATIVE ACTION The SPONSOR agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966.The COUNTY shall provide Affirmative Action guidelines to the SPONSOR to assist in the formulation of such program. Prior to the award of funds, the SPONSOR shall submit for approval, a plan for an Affirmative Action Program.In the event any policy modifications are made throughout the term of the agreement the SPONSOR shall submit the updated policy to the COUNTY within 30 days of modification. XVI. 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 areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. The SPONSOR covenants that it will comply with all provisions of FL 287.057 "Conflict of Interest", and any additional State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed, in writing,to CHS provided,however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and very low-income residents of the project target area. 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 that the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's • sole discretion. This provision is not intended to limit the SPONSOR's ability to self- manage the projects using its own employees. XVII. INCIDENT REPORTING • 1606 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 adult to the COUNTY. XVIII. RELIGIOUS ORGANIZATIONS State funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Florida Statue,Chapter 196.011. The SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local Governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided it does not use direct State funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part. Sanctuaries,chapels,or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. XX. NATURAL DISASTER In the event of a natural disaster, this Agreement may be suspended or terminated, and funds transferred to recovery activities, as determined by the COUNTY. Funds subject to this provision shall be those that are not contractually committed for construction, design or other such third party private vendors. XXI. 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 �Q,O 1606 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. XXII. ACQUISITION,RELOCATION,AND DISPLACEMENT The SPONSOR acknowledges•that the SPONSOR will bear sole responsibility for any costs or reimbursements,legal or otherwise,from person or persons claiming that they have been involuntarily displaced by the acquisition of real property associated with development of the Project. XXIII. COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright materials 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. XXIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) lenumerated pages and the exhibits and attachments referenced herein, 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. XXV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the entire understanding. The parties herby acknowledge that there have been and are no representations,warranties, covenants, or undertakings other than those expressly set forth herein. (Signature Page to Follow) 1600 IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD -IF n TY Cr I .'ONERS OF CRYSTAL K.KINZEL,CLERK OF COURTS COLLI:"' CO.% TY,F S.117, • CLAAkk Q O C° By: DEP ' CLERK ANDY SOLIS,CHAIRMAN Attest as : Gh3i 's DatedsiRIVY' I (SEAL) Date: 10 + o�3\t g HABITAT FOR HUMANITY OF COLLIER COUNTY,INC. By: NICHOLAS J.KOULOHERAS,PRESIDENT Date: 066:fr Approved as to form and legality: Jennifer A.Belpedio Assistant County Attorney 46 Date: 10 `o' \\ $ Item# I _ T Agenda C Deputy Cl . 0 1606 EXHIBIT A NEW CONSTRUCTION PROJECT REQUIREMENTS The Project is to be developed as affordable residential housing, in accordance with the SHIP Program, and the Collier County LHAP rFY 2016-201 . The SPONSOR shall perform the following activity under this agreement: a) New Construction: I The SPONSOR is required to comply with all applicable program requirements of the State Housing Initiatives Partnership(SHIP)Program,including but not limited to Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code and Collier County Construction Standards. 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 Project. The SPONSOR shall include such language as the COUNTY may require in any agreements with prospective homeowners of the Project, or any portion,thereof to evidence such requirements. b) Default of Mortgage: The Sponsor shall be considered in default if any of the following occur: 1. The SPONSOR fails to construct a safe, sanitary and habitable housing unit. 2. The SPONSOR fails to receive Certificate of Occupancy for new housing unit. 3. The SPONSOR fails to sell to CHS referred SHIP applicant on or before May 31,2020. c) Assurance of Public Purpose: The SPONSOR covenants that if the SPONSOR is unable or unwilling to sell the property in accordance with the terms and conditions incorporated herein, the SPONSOR shall give the COUNTY a 90 (Ninety) day notification, during which time;the COUNTY shall require the SPONSOR to remit payment for an amount not to exceed the amount of funds provided by the COUNTY through the Program. d) 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 to attract to the available housing, eligible persons from all racial, ethnic and gender groups in the housing market area.The SPONSOR shall be required to use affirmative fair housing marketing practices in soliciting homebuyers, 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 on 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 homebuyers 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. e) Project Requirements: The SPONSOR agrees that in the event that the Project is located in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. SHIP New Construction 19 1606 The SPONSOR shall develop and submit to CHS, within 60 days of contract execution, a construction schedule to include the following: TENTATIVE SCHEDULE(Adherence is not a condition of payment) Sites Identified/Site Due Diligence January,2019 Property(ies) Under Conditional Contract March, 2019 Construction Commencement June,2019 Certificate of Occupancy Issued for all Newly April 1, 2020 Constructed Housing Units Project Completion Date June 30, 2020 Further, "project completion date" will mean issuance of all certificates of occupancy and completion of sale to referred households. f) 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 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 property is rehabilitated at any time during affordability period. In accordance with the Local Housing Assistance Plan, a SPONSOR shall follow each SHIP Program strategy program requirements below: Energy Efficient Best Practices: Section 420.9075(3)(d),F.S. 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 property rehabilitated at any time during affordability period. 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.Evidence of such is not a condition of the construction subsidy payment. g) Payment Documents: 1. Certificate of occupancy. 2. Pictures during construction and of finished housing unit. 3. Floor plan or unit specifications. 4. Final invoice. 5. Pay Request Form(Exhibit"E"). 6. Fully executed SHIP Note&Mortgage to Collier County. SHIP New Construction 20 1606 EXHIBIT B BUDGET NARRATIVE NEW CONSTRUCTION PROGRAM The total SHIP allocation to the SPONSOR for the New Construction Program shall not exceed OUR HUNDRED THOUSAND DOLLARS ($400,000.00). Uses of these funds are as follows: The Construction subsidy shall be disbursed in the following manner for the following uses: 1. Construction expenditure shall not exceed$50,000 per certificate of occupancy(CO)for each housing unit. 2. Funds to be disbursed upon submission of a proper Pay Request (Exhibit "E") and in accordance with Florida Prompt Payment Act. SHIP New Construction 21 1606 EXHIBIT C 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. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the 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. Collier County shall be named as an additional insured. 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(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). SHIP New Construction 22 C,AQ 'll 1606 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. SHIP New Construction 23 I 1606 EXHIBIT D REPORTS Report Title Documentation Required Due Date Special Grant Policies 'See Section III, B Within 60 days of Agreement execution Project Schedule See Section III,A Within 60 days of Agreement execution Insurance 11)roof of coverage in lAt time of Agreement (Flood, Property, O&D) accordance with Exhibit C/ execution and annually within Declaration page 30 days after renewal SPONSOR Audit 'Audit report,Management Within 9 months for Single Letter and Exhibit G, as Audit(otherwise 180 days) applicable after the end of the SPONSOR fiscal year through 2019-20, as applicable Progress Report Progress report, detailing 10 days after the end of the accomplishments Exhibit F j calendar quarter until July 10, 2020 I SHIP New Construction - 24 . 1606 EXHIBIT"E" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name; Habitat for Humanity of Collier County,Inc, Sub recipient Address: 11145 Tamiami Trail East,Naples,FL 34113 Project Name: • New Construction Project No: SHCON18-001 Payment Request# Tata!Payment: Period of Availability: October 23, 2018 to June 30, 2020 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3, Total Grant Amount Awarded Less Sum of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Stun of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief;all grant requirements have been followed, Signature Date Title Authorizing Grant Authorizing Grant Coordinator Accountant Supervisor Department Director (approval required $15,000 and above) (approval required $15,000 and above) SHIP New construction 25 16136 EXHIBIT"F" QUARTERLY PROGRESS REPORT Complete form for preceding quarter and submit to Community and Human Services staff by the 10`h of the following month. Status Report for the Quarter Ending:I (Submittal Date:I Project Name:I New Construction I Project Number:I SHCON18-001 SPONSOR:I Habitat for Humanity of Collier County,Inc. Contact Person: I Telephone: Fax:I I E-mail:( PROPERTY UNIT DATA Number of units under construction this period I I Number of units under construction to date Number of units completed this period I Number of units completed to date MARKETING DATA Potential Homebuyers Referred this period Homebuyers under contract TIMELINE PROGRESS PROPERTY ADDRESS CONSTRUCTION CONSTRUCTION ANTICIPATED ANTICIPATED COMMENCED COMPLETED C/O DATE SALE DATE (YiN) (Y/N) What events/actions are scheduled for the next quarter? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Date Signature SHIP New Construction 26 16D6 EXHIBIT "G" 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 organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 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/DDM() 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 ❑ 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 IJ 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 SHIP New Construction 27 C 1606 EXHIBIT "H" HOLD HARMLESS LETTER Please be advised that I/We,Habitat for Humanity of Collier County,Inc, existing under the laws of the State of Florida,having its principal office at 11145 Tamiami Trail East,Naples,FL 34113 ("SPONSOR"), under agreement with Collier County Board of County Commissioners for the SHIP New Construction project,verify that I/We are a self-insured company. I/We understand that we are to construct new housing units, hereafter referred to as "Improvements." I. Indemnification and Hold Harmless a. In General In the performance of the Subrecipient Agreement to which this exhibit is attached, the undersigned hereby agrees to release,indemnify and hold harmless Collier County,as well as their employees,agents and representatives (collectively,the "County"), from any and all claims, demands, causes of action or damages of any kind or nature brought by the undersigned or others, including reasonable attorneys' fees, arising out of or in any way associated with,the County's authorization to allow the Improvements to be constructed, operated, and maintained by the Club. This includes without limitation, all claims, demands,costs or judgments against the County whether such liability,loss or damage is due or claimed to be due to the negligence of the undersigned,its contractors,subcontractors,the County,its employees, agents or representatives. b. Respecting the Improvements The undersigned hereby agrees to release, indemnify and hold harmless the County and accepts all risks of loss associated with respect to the Improvements. II. Successors and Assigns The undersigned further agrees, as the entity responsible for ownership and maintenance of the Improvements,that this document may be recorded, and that the representations and obligations herein are binding upon its successors and assigns. SHIP New Construction 28 1606 Signature Signature Print Name Print Name Title Title STA 1'h OF FLORIDA COUNTY OF The foregoing instrument was subscribed and sworn before me this day of , 20 , by who produced as identification. Notary Signature Notary Seal: SHIP New Construction 29 1606 Grant: SHIP LHAP FY 2016-2019 Activity: Homeownership Project: New Construction Sponsor: I JLH Sustainable Housing, LLC Agreement#: SHCON18-003 CSFA#: 52.901 DUNS #: 081371604 FEIN:182-2627281 Fiscal Year: 2017-18 Monitoring End: 109/30/2020; AGREEMENT BETWEEN COLLIER COUNTY AND IJLH SUSTAINABLE HOUSING,LLC rtkTHIS AGREEMENT is made and entered into this 1Z) � day of 120181,by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or Grantee")having its principal address as 3339 E. Tamiami Trail, Suite 211,Naples FL 34112, and IJLH Sustainable Housing, LLC!, hereinafter referred to as "SPONSOR", a!private for- profit corporation lexisting under the laws of the State of Florida,having its principal office at 1948 Belville Blvd,Naples,FL 34104 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 Initiative 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%of median annual income adjusted for family size; and WHEREAS,the Fiscal Year 12016-2019!Local Housing Assistance Plan, as amended, was adopted by the Board of County Commissioners on IApril26, 2016,Resolution No. 2016-75; and WHEREAS, the COUNTY and the SPONSOR desire to provide new construction, in accordance with this Agreement and the aforementioned Local Housing Assistance Plans; and 1606 WHEREAS,the COUNTY desires to engage the SPONSOR to implement such undertakings, as specified in Exhibit"A", 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: DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Initiatives 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 Service summarized in Section II of this Agreement. II. SCOPE OF SERVICE 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 A—B(New Construction Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, New Construction, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2017-2018 and SPONSOR's Application dated April 10, 20181. III. GRANT AND SPECIAL CONDITIONS A. Within 60 days of the execution of this Agreement,the SPONSOR must deliver to Community and Human Services Division (CHS) for approval a detailed project schedule for the implementation through completion of the project to include staff assignment. B. The following resolutions and policies must be adopted, if not previously adopted, by the SPONSOR's governing body within 60 days of contract execution: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action Policy 4. Conflict of Interest Policy 5. Equal Opportunity Policy 6. Sexual Harassment Policy 1606 7. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 8, Fraud Policy 9. . Marketing Policy IV. PERIOD OF PERFORMANCE This Agreement shall be in effect from;October 23, 2018 through June 30, 2020, and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit A (New Construction Project Requirements). This agreement must remain in effect throughout the development process of the Project and is terminated upon completion of construction and sale to a CHS referred applicant.;In any event,all services required hereunder shall be completed by the SPONSOR prior to June 30,2020;.Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. V. AGREEMENT AMOUNT It is expressly agreed and understood that the total amount of construction assistance, for the use by the SPONSOR during the term of the Agreement, shall not exceed ;ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000). The budget identified for the Project shall be as follows Line Item Description SHIP Funds Project Deliverable: Construction of new housing $50,000.00 per units ; housing unit{ TOTAL $1150,000,00; The County shall provide construction cost assistance to the SPONSOR for the performance of this agreement upon completion of the project deliverable,as accepted and approved by CHS. SPONSOR may not request construction cost assistance of SHIP funds until the deliverable has been provided. Payment shall be made to the SPONSOR only after a certificate of occupancy has been issued for the related housing unit. Payment will not occur if SPONSOR fails to perform the construction required by this agreement. • All requests for cost assistance are due no later than 90 days after the end of the agreement. Work performed during the term of the program, but not requested within 90 days after the end of the agreement, may not be processed without written authorization from the Grant Coordinator. 1606 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. No construction assistance will be provided until approved by CHS for grant compliance and adherence to any, and all applicable Local, State or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." All services specified in Section II. Scope of Services, as well as in Exhibit A, shall be performed by SPONSOR. Contract administration shall be handled by the SPONSOR and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY will secure the awarded amount per property with a note and mortgage. The Note will bear interest at 0%percent interest per year and be released upon sale to a CHS referred applicant. If the SPONSOR fails to comply with the terms and conditions of this Agreement, SHIP funds shall be due and payable back to the County. VI. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION:FDon Luciano, Grants Coordinators Collier County Government Community and Human Services 3339 E Tamiami Trial, Suite 211 Naples,Florida 34112 Email to: Donald.Luciano@colliercountyfl.govl Phone:1239-252-25091 SPONSOR ATTENTION:!Tim L. Henderson, Owner{ JLH Sustainable Housing,LLC 4227 Progress Ave Naples,FL 34104 Email to:Ijim@jlhsustainable.com Telephone: 603-767-1310 1606 VII. GENERAL CONDITIONS A. GENERAL COMPLIANCE The SPONSOR agrees to comply with the requirements as outlined in Section 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 for New Construction. B. 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 at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance and Workers' Compensation Insurance, as the SPONSOR is an independent sponsor. C. WORKERS' COMPENSATION The SPONSOR, its contractors and subcontractors, shall provide Workers' Compensation Insurance coverage for all its employees involved in the performance of this contract. D. INSURANCE 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 C. E. 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' fees 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 160b 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 there-on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes. F. GRANTOR RECOGNITION 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 digitally prepared, and released by the SPONSOR for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY FLORIDA HOUSING FINANCE CORPORATION (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 Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. AMENDMENTS The COUNTY and/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 Grantee's governing body. Such amendments shall not invalidate this Agreement,nor relieve or release the Grantee or SPONSOR from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts,or for other reasons.If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both Grantee and SPONSOR. Expiration of Agreement: If the SPONSOR does not complete the project within the time,the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. 1606 H. SUSPENSION OR TERMINATION Either party may terminate this Agreement, at any time, by giving written notice to the other party of such termination,and specifying the effective date thereof,at least 90 days before the effective date of such termination.In the event of any termination, all finished or unfinished documents, data, studies, drawings, maps, models, photographs, reports or other materials prepared by the SPONSOR under this Agreement shall, at the option of the COUNTY, become the property of the COUNTY. The COUNTY may also suspend or terminate this Agreement, in whole or in part, if the SPONSOR materially fails to comply with any term of this Agreement,or with any of the rules, regulations or provisions referred to herein, in addition to other remedies, as provided by law. If through any cause, the SPONSOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or violates any of the covenants, agreements, or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement or suspend payment, in whole or part, by giving written notice to the SPONSOR of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. See Section VIII. H., Corrective Action, for escalation steps leading to suspension or termination for non-compliance. If payments are withheld, Community and Human Services Division(CHS) staff shall specify, in writing,the actions that must be taken by the SPONSOR, as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: * Ineffective use of funds. * Failure to comply with Section II, Scope of Service of this Agreement. * Failure to submit periodic reports as determined by the COUNTY. DEBARMENT The SPONSOR certifies that no officer or agent of the SPONSOR has 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. J. SUBCONTRACTS The SPONSOR is permitted to subcontract construction activities as part of the construction for the new housing units. 0 1606 The administration of this agreement may not 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 VIII. ADMINISTRATIVE REQUIREMENTS A. RECORDS TO BE MAINTAINED The SPONSOR shall maintain all records required by the COUNTY that are pertinent to the activities to be funded under this Agreement, as established in Exhibit A(New Construction Project Requirements). B. RECORDS RETENTION The SPONSOR shall retain all records pertinent to expenditures incurred under this Agreement for a period of five(5)fiscal years after the Project Completion Date as defined in Exhibit A, section (e), provided applicable audits have been released. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the (5) five-year period, then such records must be retained until completion of the actions and resolution of all issues. However,in no case can such records be disposed of before the (5) five fiscal year minimum. All reports,plans,surveys,information,documents,maps,books,records and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purposes of this Agreement shall be made available to the COUNTY,by the SPONSOR, at any time, upon request by the COUNTY or CHS. 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. These records shall be maintained to the extent of such detail as will 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. 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,the SPONSOR shall keep all documents and records in an orderly fashion, in a readily accessible, permanent and secured location. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this Agreement,of the address where the records are to be kept. 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 contract and destroy any duplicate public records that are exempt or confidential �9r 1606 and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox(ucolliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. C. DISCLOSURE The SPONSOR shall maintain records in accordance with Florida's Public Information Law(F.S. 119). D. GRANT CLOSEOUT PROCEDURE The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets, close out monitoring and determining the custodianship of records. In addition to the records retention outlined in Section VIII.B, the SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the 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 complies with Section 215.97,Florida Single Audit Act. E. AUDITS AND INSPECTIONS 1. Audits Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that the SPONSOR expends a total amount of State awards equal to or in excess of $750,000 in any fiscal year of such SPONSOR, the SPONSOR must have a State single or project-specific audit for such fiscal year, in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor General. In connection with these audit (9 Q 1606 requirements, the 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)(e), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 30 days after delivery of the financial reporting package to the SPONSOR but no later than 180 days after the SPONSOR's fiscal year end. 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. In the event that 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. Inspections The SPONSOR'S records with respect to any matters covered by this Agreement shall be made available to the COUNTY and/or the FHFC at any time during normal business hours, as often as the COUNTY or the FHFC deems necessary,to audit,examine,and make excerpts or transcripts of all relevant data. F. MONITORING The SPONSOR agrees that CHS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion,a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SPONSOR shall, upon the request of CHS, submit information and status reports required by CHS to enable CHS to evaluate said progress and to allow for completion of reports required. The SPONSOR shall allow CHS to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled, as determined by CHS. The COUNTY will monitor the performance of the SPONSOR based on goals and performance standards as stated with all other applicable federal, state and local laws,regulations, and policies governing the funds provided under this Agreement. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SPONSOR within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. The SPONSOR agrees to provide the COUNTY,or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 0 1606 G. PREVENTION OF FRAUD AND ABUSE SPONSOR shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the 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 are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SPONSOR shall give COUNTY complete access to all of 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 waste, fraud and abuse. SPONSOR may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to the COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. H. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution 2013-228, Community and Human Services (CHS) Division has adopted an escalation policy to ensure continued compliance by subrecipients, sponsors, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following the monitoring visit. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of five percent (5%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. 1606 • The entity may be denied consideration as set forth in Resolution 2013-228. 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance, by certified mail; the Division may require a portion of the awarded grant amount be returned to the Division. • The Division may require upwards of ten percent (10%) of the awarded amount be returned to the Division, at the discretion of the CHS Director. • The entity will be in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non-compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. • The entity will be in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non-compliant, the above sanctions may be imposed across all awards at the Director's discretion. I. PROGRESS REPORTS The SPONSOR shall submit regular Quarterly Progress Report(Exhibit E)to the COUNTY in the form, content and frequency required by the COUNTY. IX. CIVIL RIGHTS COMPLIANCE The SPONSOR agrees that no person shall, on the ground of race, creed, color, religion, national origin, sex, handicap, familial status, marital status or age be excluded from receiving program benefits,or be subjected to discrimination 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 the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available 0 1606 to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. X. PROHIBITED ACTIVITY The SPONSOR is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities; lobbying,political patronage, and nepotism activities. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, if such remainder would then continue to conform to the terms and requirements of applicable law. XII. AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from SHIP grant funds from FHFC and must be implemented in full compliance with all of SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the event of curtailment or non-production of said state funds,the financial sources necessary to continue to pay the SPONSOR all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment,that the funds are no longer available. In the event of such termination, the 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. XIII. DEFAULTS,REMEDIES,AND TERMINATION This Agreement may also be terminated for convenience by either the COUNTY or the 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, if in the case of a partial termination, the COUNTY determined that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety. The following actions or inactions by the SPONSOR shall constitute a Default under this Agreement: A. Failure to comply with any of the rules,regulations or provisions referred to herein, or such statutes, regulations, executive orders, and SHIP guidelines, policies or 0 .1666 directives as may become applicable at any time; B. Failure, for any reason, of the SPONSOR to fulfill, in a timely and proper manner, its obligations under this Agreement; C. Ineffective or improper use of funds provided,under this Agreement; D. Submission, by the SPONSOR to the COUNTY, of reports that are incorrect or incomplete in any material respect. E. Submission by the SPONSOR of any false certification; F. 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: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of, or change in,professional property management; 3. Require immediate repayment by the SPONSOR to the COUNTY of all SHIP funds the SPONSOR has received under this Agreement; 4. Apply sanctions, if determined by the COUNTY to be applicable; 5. Stop all payments, until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to 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 claim of benefit for any incomplete project activities undertaken under this Agreement. XIV. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses, minority business enterprises, and women owned business enterprises the maximum practicable opportunity to participate in the performance of this contract.As used in this contract,the terms"small business" means a business that meets the criteria set forth in section 3(a) of the Small 0 1606 Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,Asian-Americans,and American Indians. The SPONSOR may rely on written representations by businesses regarding their status as minority and female business enterprises, in lieu of an independent investigation. XV. AFFIRMATIVE ACTION The SPONSOR agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966.The COUNTY shall provide Affirmative Action guidelines to the SPONSOR to assist in the formulation of such program. Prior to the award of funds, the SPONSOR shall submit for approval, a plan for an Affirmative Action Program.In the event any policy modifications are made throughout the term of the agreement the SPONSOR shall submit the updated policy to the COUNTY within 30 days of modification. XVI. 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 areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. The SPONSOR covenants that it will comply with all provisions of FL 287.057 "Conflict of Interest", and any additional State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed, in writing, to CHS provided,however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and very low-income residents of the project target area. 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 that the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit the SPONSOR's ability to self manage the projects using its own employees. XVII. INCIDENT REPORTING If services to clients are to be provided under this agreement, the SPONSOR and any 'J 1606 subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. XVIII. RELIGIOUS ORGANIZATIONS State funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Florida Statue,Chapter 196.011. The SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local Governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct State funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part. Sanctuaries,chapels,or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. XX. NATURAL DISASTER In the event of a natural disaster, this Agreement may be suspended or terminated, and funds transferred to recovery activities, as determined by the COUNTY. Funds subject to this provision shall be those that are not contractually committed for construction, design or other such third party private vendors. XXI. 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 0 1606 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. XXII. ACQUISITION,RELOCATION,AND DISPLACEMENT The SPONSOR acknowledges that the SPONSOR will bear sole responsibility for any costs or reimbursements,legal or otherwise,from person or persons claiming that they have been involuntarily displaced by the acquisition of real property associated with development of the Project. XXIII. COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright materials 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. XXIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) enumerated pages and the exhibits and attachments referenced herein, shall be executed in two counterparts, each of which shall be deemed to be some original, and such counterparts will constitute one and the same instrument. XXV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the entire understanding. The parties herby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. (Signature Page to Follow) 1606 IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD O' CO TY CO y.� tt.S/ RS OF CRYSTAL K.KINZZ i,.,CLERK OF COURTS COLLIE• 0 i , . -. • .I `. ` )„,,L — . k. ' By: ,A � " t�,at ' •Y SOLIS, CHAIRMAN � Attest as toy :';' Date: Date: 10 la.' \1 g (SEAL) JLH SUSTAINABLE HOUSING, LLC By: �. .IMI ,!. 1 JIM NDERSON, • ER Date: 0( id Approved as to form and legality: W' Jen er A.Belpedio �7 ' Assistant County Atto ey CT'G's �b Date: 1 O a 3 1 ' $ Item# I LP pc,' Agenda' 0._... 1 ' Date Date 'r_94._1 Rec'd ..iir/w Deputy C: . 0 1606 EXHIBIT A NEW CONSTRUCTION PROJECT REQUIREMENTS The Project is to be developed as affordable residential housing, in accordance with the SHIP Program, and the Collier County LHAP [FY 2016-2019. The SPONSOR shall perform the following activity under this agreement: a) New Construction: The SPONSOR is required to comply with all applicable program requirements of the State Housing Initiatives Partnership(SHIP)Program,including but not limited to Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code and Collier County Construction Standards. 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 Project. The SPONSOR shall include such language as the COUNTY may require in any agreements with prospective homeowners of the Project, or any portion,thereof to evidence such requirements. b) Default of Mortgage: The Sponsor shall be considered in default if any of the following occur: 1. The SPONSOR fails to construct a safe, sanitary and habitable housing unit. 2. The SPONSOR fails to receive Certificate of Occupancy for new housing unit. 3. The SPONSOR fails to sell to CHS referred SHIP applicant on or before May 31,2020. c) Assurance of Public Purpose: The SPONSOR covenants that if the SPONSOR is unable or unwilling to sell the property in accordance with the terms and conditions incorporated herein, the SPONSOR shall give the COUNTY a 90 (Ninety) day notification, during which times the COUNTY shall require the SPONSOR to remit payment for an amount not to exceed the amount of funds provided by the COUNTY through the Program. d) 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 to attract to the available housing, eligible persons from all racial, ethnic and gender groups in the housing market area.The SPONSOR shall be required to use affirmative fair housing marketing practices in soliciting homebuyers, 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 on 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 homebuyers 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. e) Project Requirements: The SPONSOR agrees that in the event that the Project is located in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. SHIP New Construction 19 0 1606 The SPONSOR shall develop and submit to CHS, within 60 days of contract execution, a construction schedule to include the following: TENTATIVE SCHEDULE(Adherence is not a condition of payment) Sites Identified/Site Due Diligence January,2019 Property(ies)Under Conditional Contract March, 2019 Construction Commencement June, 2019 Certificate of Occupancy Issued for all Newly April 1,2020 Constructed Housing Units Project Completion Date June 30,2020 Further, "project completion date" will mean issuance of all certificates of occupancy and completion of sale to referred households. f) 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 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 property is rehabilitated at any time during affordability period. In accordance with the Local Housing Assistance Plan, a SPONSOR shall follow each SHIP Program strategy program requirements below: Energy Efficient Best Practices: Section 420.9075(3)(d),F.S. 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 property rehabilitated at any time during affordability period. 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. Evidence of such is not a condition of the construction subsidy payment. g) Payment Documents: 1. Certificate of occupancy. 2. Pictures during construction and of finished housing unit. 3. Floor plan or unit specifications. 4. Final invoice. 5. Pay Request Form(Exhibit"E") 6. Fully executed SHIP Note&Mortgage to Collier County. SHIP New Construction 20 0 1606 EXHIBIT B BUDGET NARRATIVE NEW CONSTRUCTION PROGRAM The total SHIP allocation to the SPONSOR for the New Construction Program shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00). Uses of these funds are as follows: The Construction subsidy shall be disbursed in the following manner for the following uses: 1. Construction expenditure shall not exceed$50,000 per certificate of occupancy(CO)for each housing unit. 2. Funds to be disbursed upon submission of a proper Pay Request (Exhibit "E") and in accordance with Florida Prompt Payment Act. SHIP New Construction 21 1606 EXHIBIT C 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. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the 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. Collier County shall be named as an additional insured. 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(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). SHIP New Construction 22 1606 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. SHIP New Construction 23 (1) 1606 EXHIBIT D REPORTS Report Title Documentation Required Due Date Special Grant Policies See Section III,B I Within 60 days of Agreement execution Project Schedule See Section III,A 1 Within 60 days of Agreement execution 1 Insurance Proof of coverage in IM time of Agreement (Flood, Property, O&D) accordance with Exhibit C/ execution and annually within Declaration page 30 days after renewal SPONSOR Audit 1Audit report,Management Within 9 months for Single Letter and Exhibit G, as Audit(otherwise 180 days) applicable after the end of the SPONSOR fiscal year through 2019-20, as applicable Progress Report Progress report, detailing 110 days after the end of the accomplishments Exhibit F calendar quarter until July 10, 2020 SHIP New Construction 24 1J 1606 EXHIBIT "E" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: JLH Sustainable Housing,LLC Sub recipient Address: 948 Belville Blvd,Naples, FL 34104 Project Name: New Construction Project No: SHCONI 8-003 Payment Request# Total Payment: Period of Availability: October 23, 2018 to June 30,2020 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of • the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Authorizing Grant Coordinator Accountant Supervisor Department Director (approval required$15,000 and above) (approval required$15,000 and above) SHIP New Construction 25 47\I 1606 • EXHIBIT"F" QUARTERLY PROGRESS REPORT Complete form for preceding quarter and submit to Community and Human Services staff by the 10th of the following month. Status Report for the Quarter Ending:I Submittal Date: Project Name:I New Construction I Project Number:I SHCON18-003 SPONSOR: JLH Sustainable Housing,LLC Contact Person: I I Telephone:I I Fax:I I E-mail:I I PROPERTY UNIT DATA Number of units under construction this period I I Number of units under construction to date Number of units completed this period Number of units completed to date MARKETING DATA Potential Homebuyers Referred this period Homebuyers under contract TIMELINE PROGRESS PROPERTY ADDRESS CONSTRUCTION CONSTRUCTION ANTICIPATED ANTICIPATED COMMENCED COMPLETED C/O DATE SALE DATE (YIN) (Y/N) What events/actions are scheduled for the next quarter? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Date Signature SHIP New Construction 26 II 1606 EXHIBIT "G" 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 organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 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 p 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 ❑ 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 SHIP New Construction 27 1606 EXHIBIT "H" HOLD HARMLESS LETTER Please be advised that I/We, JLH Sustainable Housing, LLC existing under the laws of the State of Florida, having its principal office at 1948 Belville Blvd, Naples, FL 34104 I("SPONSOR"), under agreement with Collier County Board of County Commissioners for the SHIP New Construction project,verify that I/We are a self-insured company. I/We understand that we are to construct new housing units, hereafter referred to as"Improvements." I. Indemnification and Hold Harmless a. In General In the performance of the Subrecipient Agreement to which this exhibit is attached, the undersigned hereby agrees to release,indemnify and hold harmless Collier County,as well as their employees,agents and representatives (collectively, the "County"), from any and all claims, demands, causes of action or damages of any kind or nature brought by the undersigned or others, including reasonable attorneys' fees,arising out of or in any way associated with,the County's authorization to allow the Improvements to be constructed, and maintained. This includes without limitation, all claims, demands, costs or judgments against the County whether such liability, loss or damage is due or claimed to be due to the negligence of the undersigned, its contractors, subcontractors, the County, its employees, agents or representatives. b. Respecting the Improvements The undersigned hereby agrees to release, indemnify and hold harmless the County and accepts all risks of loss associated with respect to the Improvements. II. Successors and Assigns The undersigned further agrees, as the entity responsible for ownership and maintenance of the Improvements,that this document may be recorded, and that the representations and obligations herein are binding upon its successors and assigns. SHIP New Construction 28 1606 Signature Signature Print Name Print Name Title Title STA l'L OF FLORIDA COUNTY OF The foregoing instrument was subscribed and sworn before me this day of ,20 , by who produced as identification. Notary Signature Notary Seal: SHIP New Construction 29 0