The URL can be used to link to this page

Agenda 5/23/2023 Item #16D2 (Third Amendment to the HOME Investment Partnerships Program agreement between Collier County and Habitat for Humanity)16.D.2 05/23/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the Third Amendment to the HOME Investment Partnerships Program subrecipient agreement between Habitat for Humanity of Collier County, Inc., and Collier County to clarify the number of HOME -grant assisted units and extend the end date of the agreement. (Housing Grant Fund 705) OBJECTIVE: To support housing for low- to moderate -income persons in Collier County. CONSIDERATIONS: On June 25, 2019 (Agenda Item #16D2), the Board of County Commissioners (Board) approved the FY 2019-2020 One Year Action Plan, which allocated $886,345 to Habitat for Humanity of Collier County, Inc. (Habitat) for a housing development project under the HOME Investment Partnerships Program. Subsequently, the Board approved the Substantial Amendment to the FY 2019-2020 One Year Action Plan on January 28, 2020 (Agenda Item #16D1), which changed the geographic location for Habitat's housing activity from the Davis Boulevard area to the Pine Ridge Road area. On April 13, 2021 (Agenda Item #16D1), the Board approved and executed a subrecipient agreement with Habitat, in the amount of $886,345, to implement the project. This agreement funds infrastructure costs for the new construction of 52 housing units located on Habitat's Whippoorwill development in Naples. These units will be sold to eligible families and households, that income qualify at -or -below 80% of Area Median Income. Amendment #1 was approved by the Board on March 22, 2022, Agenda Item #16D6 correcting a typographical error and increasing the match commitment. Amendment #2 was approved by the Board on November 8, 2022, Agenda Item #16D6 updating the UEI number, period of performance, monitoring end date, performance deliverable due dates, subrecipient contact and custodian of public records. The proposed Amendment #3 includes clarifying language. Per the HOME regulations as part of the required underwriting a portion of the constructed units must be designated as HOME grant funded to ensure they are restricted throughout the affordability period. An updated underwriting analysis, performed by third -party consultant Civitas, substantiates that the County's HOME investment in the project accounts for 10% of the total cost of the project. As such, six (6) units is the minimum number to be designated as HOME -assisted units. Habitat for Humanity has agreed to designate ten (10) HOME -assisted units. Therefore, of the 52 units, 10 (ten) units will be restricted to HOME assisted units. The amendment also extends the period of performance from November 15, 2024 to January 1, 2025, to allow for unforeseen delays due to Hurricane Ian. FISCAL IMPACT: The proposed action has no Fiscal impact. Funds are budgeted within HOME Investment Partnerships Program (705), Projects (33480, 33581, and 33632). LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -DDP GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: To approve and authorize the Chairman to sign the Third Amendment to the HOME Investment Partnerships Program subrecipient agreement between Habitat for Humanity of Collier County, Inc., and Collier County to clarify the number of HOME -grant assisted units and extend the end date of the agreement. Prepared By: Carolyn Noble, Grants Coordinator, Community & Human Services Division Packet Pg. 827 16.D.2 05/23/2023 ATTACHMENT(S) 1. EXECUTED Amend #2 Whippoorwill (PDF) 2. EXECUTED Amendment # 1 (PDF) 3. EXECUTED Whippoorwill Agreement (PDF) 4. Amendment #3 Whippoorwill HFH signed (PDF) Packet Pg. 828 16.D.2 05/23/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.2 Doc ID: 25268 Item Summary: Recommendation to approve and authorize the Chairman to sign the Third Amendment to the HOME Investment Partnerships Program subrecipient agreement between Habitat for Humanity of Collier County, Inc., and Collier County to clarify the number of HOME -grant assisted units and extend the end date of the agreement. (Housing Grant Fund 705) Meeting Date: 05/23/2023 Prepared by: Title: — Community & Human Services Name: Carolyn Noble 04/18/2023 1:31 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 04/18/2023 1:31 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Community & Human Services Donald Luciano Additional Reviewer Operations & Veteran Services Jeff Weir OVS Director Review Communications, Government, and Public Affairs Lisa Weinmann Transportation Management Operations Support Raquel Ovares Public Services Department Grants Public Services Department County Attorney's Office Office of Management and Budget Grants County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Todd Henry PSD Level 1 Reviewer Erica Robinson Level 2 Grants Review Tanya Williams PSD Department Head Review Ronald Tomasko Additional Reviewer Debra Windsor Level 3 OMB Gatekeeper Review Therese Stanley Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Blanca Aquino Luque Additional Reviewer Dan Rodriguez Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 04/18/2023 3:05 PM Completed 04/18/2023 4:31 PM Completed 04/18/2023 5:11 PM Additional Reviewer Completed 04/21/2023 2:19 PM Additional Reviewer Completed 04/26/2023 9:11 AM Completed 04/26/2023 11:06 AM Completed 04/27/2023 9:17 AM Completed 04/27/2023 4:39 PM Completed 05/12/2023 10:26 AM Completed 05/12/2023 11:04 AM Completed 05/12/2023 12:57 PM Completed 05/12/2023 2:01 PM Completed 05/15/2023 3:14 PM Completed 05/17/2023 12:05 PM 05/23/2023 9:00 AM Packet Pg. 829 16.D.2.a FAIN # M 16-UC 12-0217 M 18-UC 12-0217 M 19-UC 12-0217 Federal Award Date Se tember 12, 2019 Federal Award HUD Agency CFDA Name Home Investment Partnerships HOME CFDA/CSFA# 14.218 Total Amount of $886,345 Federal Funds Awarded Subrecipient Name Habitat for Humanity of Collier County, Inc. DUNS# UEI 080676690 MLUZYT83P4Z9 FEIN 59-1834379 R&D No Indirect Cost Rate No Period of March 23, 2021 — Performance Decemberrl 200-2 November 15, 2024 Fiscal Year End 6/30 Monitor End: 62-June 30, 2034 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. New Construction -Homeownership This Amendment is made and entered into as of this S rk day of IJa dE-nt0 iFK 2022, by and between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (SUBRECIPIENT), a non-profit corporation existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail E., Naples, FL 34113. WITNESSETH WHEREAS, on April 13, 2021, Agenda Item 16.D.1., the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for a new construction, infrastructure, project to provide new multi -unit single family homes for 52 families whose income is at or below 80% AMI. Habitat for Humanity Whippoorwill — New Construction HM 19-03 Amendment #2 Packet Pg. 830771 16.D.2.a WHEREAS, on March 22, 2022, the Board of County Commissioners approved Amendment 41 to clarify the award amount and match requirement. WHEREAS, the Parties desire to further amend the Agreement to update the UEI number, period of performance, monitoring end date, performance deliverable due dates, subrecipient contact, and custodian of public records. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words St-ruelt Through are deleted; Words Underlined are added. PART 1 SCOPE OF WORK 1.2 PROJECT DETAILS D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies Section 1.1 agreement Agree ent Execution HOME Match Requirement Documentation of Proportionate to the monthly SUBRECIPIENT Activities amount invoiced or 100% may be submitted at any time during the project HQS Inspections NA Not Applicable Insurance Insurance Certificate Within Thirty (30) days of (Exhibit A) Agreement execution within thirty 30 days of renewal Detailed Project Schedule Project Schedule Within thirty (30) days of A reement Execution Project Plans and Site Plans and Specifications Prior to Construction Start Specifications Subcontractor log Subcontractor log Monthly or any time new subcontractors begin Davis-Bacon/Certifled Payroll Certified Payroll 14 days from end of each pay Documentation period for each 2 Habitat for Humanity Whippoorwill— New Construction HM 19-03 Amendment #2 Packet Pg. 831 16.D.2.a contractor/subcontractor Income Certification Exhibit D Maintained in Documentation SUBRECIPIENT client file and validated at Monitoring Quarterly Performance Report Exhibit C Quarterly until project completion Section 3 Report Quarterly report of new hire Quarterly within 10 days after information the end of the quarter (even if zero). Final report due 60 days after Agreement ends. Annual Audit Monitoring Audit, Management Letter, Annually, within 60 days after Report Exhibit E FY end Financial and Compliance Exhibit E Annually 180 days after FY Audit end Continued Use Certification Continued Use Affidavit Annually until 2032-2034 Capital Needs Assessment Plan approved by the Initial Plan due at construction Plan COUNTY completion and annually thereafter, prior to start of SUBRECIPIENT fiscal year, until23-2 2034 Program Income Re -use Plan Planned use of program Annually until 24-3-2 2034 generated income 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT's services shall begin on March 23, 2021 and end on December 31, 2022 November 15, 2024. Construction activities shall be completed by DeeembeF 31- 29�2 November 15, 2024 and the affordability period shall cease in 23-2 2034. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. DURATION OF AGREEMENT - The duration of the SUBRECIPIENT Agreement is as follows: Agreement Effective Date March 23, 2021 Deadline for Commitment of Funds (14-mentl* March 23, 2021 Deadline for Expenditure of Funds Deeember31, 2022 November 15, 2024 Agreement Expiration Date Deeemb 2M November 15, 2024 Deadline for Receipt of Final Reimbursement Request March 31, 20B 2025 Habitat for Humanity Whippoorwill — New Construction HM 19-03 Amendment #2 Packet Pg. 832 16.D.2.a 1.6 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: Carolyn Noble, Grant Coordinator Collier County Government Community & Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Carol,yn.noble@colliercountyfl.gov Phone: 239-450-5186 SUBRECIPIENT ATTENTION: Niek Kouleheras, Prow, epA Lisa Letkow, CEO Habitat for Humanity of Collier County 11145 Tamiami Trail East Naples, FL 34113 Email: _ Iletkowghabitatcollier.org Phone: 239-775-0036 2.2 RECORDS AND DOCUMENTATION D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for three (3) years after the date SUBRECIPIENT submits the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it shall notify the COUNTY in writing of the address where the records are to be kept, as outlined in 2 C>i R 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in 4 Habitat for Humanity Whippoorwill —New Construction HM 19-03 Amendment #2 Packet Pg. 833 16.D.2.a SUBRECIPIENT's possession upon termination or expiration of the Agreement, and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239 252 6832 239-252- M79, Qom" _ Michael.Brownlee@colIicreougufl.g_o_v, 3299 Tamiami Trail E., Naples, FL 34112. Remainder of Pate Intentionally Left Blank Habitat for Humanity Whippoorwill --New Construction HM 19-03 Amendment #2 r`.AP Packet Pg. 8 47 16.D.2.a IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO THE COUNTY: CRYSTAL-K.`�ZED,, CLERK BOARD OF COUNTY COMMISSIONERS OF Vi?'�'r�n 0 COLLIER CO DA er 1 j BY: l, ',' f;�o WI JAM L. McDANIEL, JR., CHAIRMAN Dated: O 4 AS�t4'�`i1� Date: R/OSEM�3�2 g202z signature only, WITNES ES: AS TO SUBRECIPIENT: LHABITAT FOR HUMANITY OF COLLIER fitness #1 Signature CO T C. ' 4 1 0.: -e— 5 B Witness I Printed Name LISA LEFKOW, IEF EXECUTIVE OFFICER l W itnesr 2 S igna I e Date: r 6 I3 r I Z D 22 WtlnOc4nv)�j Witness #2 Printed Name AppTved as to form and legality: Derek D. Perry Assistant County Attorney Date: Iy /V�y 2 z Habitat for Humanity HM19-03 WhippoonvilI — New Construction Amendment #2 Packet Pg. 835 1ti.D.2.b FAIN # M 16-UC 12-0217 M 18-UC 12-0217 M l9-UC12-0217 Federal Award Date September 12, 2019 Federal Award Agency HUD CFDA Name Home Investment Partnerships HOME CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $886,345 Subrecipient Name Habitat for Humanity of Collier County, Inc. DUNS# 080676690 FEIN 59-1834379 R&D No Indirect Cost Rate No Period of Performance March 23, 2021 — December 31, 2022 Fiscal Year End 6/30 Monitor End: 6/32 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Nety Cotastruct ott-Hoitieo)vnerslrrl) This Amendment is made and entered into as of this 2z" J day of MwCA 2022, by and between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc., (SUBRECIPIENT) a non-profit corporation existing under the laws of the State of Florida, having its principal office at 1145 Tamiami Trail E., Naples, FL 34113. WITNESSETH WHEREAS, on April 13, 2021, Agenda Item 16DI, the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for a new construction, infrastructure, project to provide new multi -unit single family homes for 52 families whose income is at or below 80% AMI. WHEREAS, the Parties dcsire to amend the Agreement to clarify the award amount and match requirement. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and I labitat for 1-1ttmnnity I I M 19-03 t`� New Construction -Whippoorwill rag` A{j Packet Pg. 836 16.D.2.b valuable consideration, the receipt and sufficiency of which is hereby mEltually acknowledged, the Parties agree to amend the Agreement as follows: Words Strueli T:tflaug4lt are deleted; Words Urulerlined are added. PART 1 SCOPE OF WORK 1.2 PROJECT DETAILS A. Project Description/Project Budget FY 2019-2020 Action Plan and Substantial Amendment to the FY 2019-2020 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Activity HOME Budget Match Liability Amount Project Component One: Infrastructure associated Nvith $864,3 5 0 $216,586-00 the construction of 52 }tomes to include but not limited $886,345.00 $221,586.00 to water, sewer, lighting, curbing, roadways, sidewalks, electric and any other construction related activities. Match: Minimum Required match 25% of total HOME funds expended Grand Total: $866;34540 $2�686-00 886$ ,345.00 $221,586.00 Remainder of Page Intentionally Left Blank I labital for I lumanily 1iM 19.03 New Construction -Whippoorwill M C d E c as E a 0 0 a a a �a x 00 co N LO c m E c aD E a 0 w U W x w r c m E �a a lInge 2 P'y () Packet Pg. 837 IN WITNESS WHERE, OI+, the SUBRECIPIENT and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK 'n Attu asp'Cletic Siyria-Uro"00.y Dated: (SEAL) BOARD OF CO SSIONERS OF COLLI �R F ORIDA 7 � C' By: WILL AM L. MCDANIEL, JR., CHA4RPERSON Date: '31Z Z/2 Z HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. App a form and legality: Jetu1ife edio J+ Assistai C tnty Attorney Date: Ilabitat for Itmnanity 1 tM 19-03 New Construction -Whippoorwill Page 3 0 t Packet Pg. 838 16.D.2.c FAIN # M 18-UC 12-0217 M 19-UC 12-0217 Federal Award Date September 12, 2019 Federal Award Agency HUD CFDA Name Home Investment Partnerships HOME CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $886,345 Subrecipient Name Habitat for Humanity of Collier County, Inc. DUNS# 080676690 FEIN 59-1834379 R&D No Indirect Cost Rate No Period of Performance March 23, 2021 -- December 31, 2022 Fiscal Year End 6/30 Monitor End; 6/32 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. New Construction -Homeownership THIS AGREEMENT is made and entered into this 1✓ day of AAKI1 2021, by and between Collier County, a political subdivision of the State of Flori a, (COUNTY) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and Habitat for Humanity of Collier County, Inc,, (SUBRECIPIENT) a non-profit corporation existing under the laws of the State of Florida, having its principal office at 1145 Tamiami Trail E., Naples, FL 34113. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston -Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Collier County Board of County Commissioners (Board) approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2019-2020, for the HOME Program on June 25, 2019, Agenda Item 16.13.2 and a Substantial Amendment on .Ianuaty 28, 2020, Agenda Item 16.D.I.; and WHEREAS, HUD has approved the COUNTY's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2019-2020 and the Substantial Amendment for Federal Fiscal Year 2019-2020 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in this Agreement, in accordance with the approved One -Year Action Plan; and Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 1 Packet Pg. 839 16.D.2.c WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile COUNTY purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing HOME funds, as determined by Collier County Community & Human Services (CHS), perform the tasks necessary to conduct the program► as follows: Project Name: Habitat Whippoorwill Project Description: Infrastructure at Whippoorwill Project Component One: Infrastructure associated with the construction of homes which may include permit fees, water, sewer, lighting, curbing, roadways, sidewalks, electric and any other construction related activities, based on funding availability. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the construction of the properties. B. The SUBRECIPIENT must submit the following resolutions and policies within sixty (60) days of conveyance: ® Affirmative Fair Housing Policy ® Marketing Plan ® Affirmative Action/Equal Opportunity Policy ® Procurement Policy ® Conflict of Interest Policy ® Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Capital Needs Assessment ® Program Income Reuse Plan ® Fraud, Waste, and Abuse Policy ® Victims Against Women Act (VAWA) Policy) ® Limited English Proficiency (LEP) Policy C. Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English Habitat for Humanity H M i 9-03 New Construction -Whippoorwill Page 2 Packet Pg. 840 16.D.2.c proficient persons" or LEP) may be entitled to language assistance under Title VI, in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access by LEP persons to activities funded with HOME Funds. Any of the following actions could constitute "reasonable steps," depending on the circumstances: acquiring translators to translate vital documents; advertisements or notices; acquiring interpreters for face to face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter set -vice; etc. D. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. E. Annual Subrecipient Training - All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator prior to the training. F. The HOME program requires housing units to be provided in order to meet the program objectives. The Subrecipient shall construct 52 units for income -eligible households. Tile units shall be made available for occupancy in 2023. Should the SUBRECIPIENT not perform, or only partial completion of the work has occurred at the end of the performance period, the COUNTY may require repayment of a specified amount of HOME funds. 1.2 PROJECT DETAILS A. Project Description/Project Budget FY 2019-2020 Action Plan and Substantial Amendment to the FY 2019-2020 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Activity HOME Budget Amount Match Liability Project Component One: Infrastructure associated with $866,345.00 $216,586,00 the construction of 52 homes to include but not limited to water, sewer, lighting, curbing, roadways, sidewalks, electric and any other construction related activities. Match: Minimum Required match 25% of total HOME funds expended Habitat for Humanity HM t 9-03 New Construction -Whippoorwill Page 3 Packet Pg. 841 16.D.2.c Grand Total: 1 $866,345.00 $216,586.00 The SUBRECIPIENT will accomplish the following project tasks: Project Tasks ® Maintain documentation on all households served in compliance with 24 CPR 92.508. ® Provide Quarterly reports on project status (Exhibit C) and meeting an eligible activity. ® Ensure attendance by a representative from Executive Management, at Quarterly Partnership Meetings, as requested. ® Ensure Subrccipient and Contractor attend the pre -construction meeting prior to Notice to Proceed being issued. ® Provide Site Design and Specifications, as applicable. ® Prepare Bid Specifications and Engineer's Cost Estimate, if applicable. ® Obtain Sealed Bids and provide associated procurement documentation. ® Comply with Davis -Bacon Act Labor Standards, if applicable. ® Provide certified payroll weekly throughout construction. ® Submit invoices to CHS for environmental and construction costs as applicable. ® Once construction has been completed, CHS will provide a land use restriction (LURA) for the period associated with the amount of HOME assistance provided by the County. ® Market Analysis ® Project Proforma ® Ensure applicable number of units are Section 5041ADA accessible ® Comply with Uniform Relocation Act (URA), if necessary ® Maintain documentation on compliance with Section 3 B. Income Requirements The COUNTY must invest HOME funds made available during a fiscal year so that, with respect to homeownership assistance, 100 percent of these funds are invested in dwelling units that are occupied by households qualifying as low-income families according to 24 CFR Part 217 Income targeting: Homeownership. C. Project Outcome The HOME new construction, infrastructure, project will provide new multi -unit single family homes for 52 families whose income is less than 80% AMI. The SUBRECIPIENT shall ensure the units are occupied by qualified tenants, pursuant to paragraph 1.2.8 above. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement Agreement Execution Habitat for Humanity HM 19-03 New Construction -whippoorwill Page 4 Packet Pg. 842 16.D.2.c HOME Match Requirement Documentation of Proportionate to the monthly SUBRECIPIENT Activities amount invoiced or 100% may be submitted at any time during the pro. ect HQS inspections NA Not Applicable Insurance Insurance Certificate (Exhibit Within Thirty (30) days of A) Agreement execution within thirty 30 days of renewal Detailed Project Schedule Project Schedule Within thirty (30) days of Agreement Execution Project Plans and Specifications Site Plans and Specifications Prior to Construction Start Subcontractor log Subcontractor log Monthly or any time new subcontractors begin Davis-Bacon/Certified Payroll Certified Payroll 14 days from end of each pay Documentation period for each contractor/subcontractor Income Certification Exhibit D Maintained in SUBRECIPIENT Documentation client file and validated at Monitoring Quarterly Performance Report Exhibit C Quarterly until pr2ject completion Section 3 Report Quarterly report of new hire Quarterly within 10 days after the information end of the quarter (even if zero). Final report due 60 days after A reement ends. Annual Audit Monitoring Report Audit, Management Letter, Annually, within 60 days after FY Exhibit E end Financial and Com liance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2032 Capital Needs Assessment Plan Plan approved by the Initial Plan due at construction COUNTY completion and annually thereafter, prior to start of SUBRECIPIENT fiscal year, until 2032 Program Income Re -use Plan Planned use of program Annually until 2032 generated income E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component One. Infrastructure Submission of Exhibit B Submission of monthly associated with the construction of 52 supporting documents must invoices each month by the homes which may include permit fees, be provided as backup as 20"' of the month following water, sewer, lighting, curbing, roadways, evidenced by contractor the tuonth of service. sidewalks, electric and any other schedule of values/invoices construction related activities. or equivalent, proof of Perm it (if Habitat for Humanity HM 19-03 New Construction -Whippoorwill 00 N LO N c a� E m m L Q 0 0 a a 0 w H U LU x w w c a� E a Page S Packet Pg. 843 16.D.2.c applicable),progress photos, affidavit of partial completion or completion, canceled checks, banking documents, and any additional documents as requested. The County will pay up to 90% of the total grant award or project costs, whichever is lower, upon proof of proper payment. The remaining 10% of the award, or projects costs, will be released upon final monitoring clearance and meeting a National Objective. For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as PreviousIv specified, Match Submission of Exhibit B-1 All match shall be and supporting documents submitted prior to the may also include cash or in- release of retainage. kind documentation; to Should match not meet include canceled checks, 25% of the total expended banking statements, amount, the final match invoices; additional balance shall be withheld documentation may be from the retainage to meet requested the 25% match obligation, 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT's services shall begin on March 23, 2021 and end on December 31, 2022. Construction activities shall be completed by December 31, 2022 and the affordability period shall cease in 2032. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional timc period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. DURATION OF AGREEMENT - The duration of the SUBRECIPIENT Agreement is as follows: Agreement Effective Date March 23, 2021 Deadline for Commitment of Funds (12 months) March 23, 2021 Deadline for Expenditure of Funds (2 years) December 31, 2022 Habitat for Humanity HM t 9-03 New Construction -Whippoorwill Page 6 Packet Pg. 844 16.D.2.c Agreement Expiration Date December 31, 2022 Deadline for Receipt of Final Reimbursement Request March 31, 2023 No program costs may be incurred until an environmental review of the proposed project is completed and approved by HUD. Further, SUBRECIPIENT will not undertake any activity or commit any funds prior to the HUD environmental clearance and CHS has issued a Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available EIGHT HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED FORTY-FIVE DOLLARS ($886,345) for SUBRECIPIENT's use during the Term of the Agreement (hereinafter referred to as "Funds"). This Agreement shall remain in effect until all HOME funds and program income are no longer under the control of the SUBRECIPIENT. Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY. Budgeted fund shims between cost categories and activities shall not be more than 10 percent and shall not signify a change in Scope. Fund shifts that exceed 10 percent between project components shall only be made with Board approval. Match Pursuant 24 CFR 92.218 Match is required for HOME funds. SUBRECIPIENT is required to provide match funds when identified as an eligible source, such as contributions to housing activities that qualify as affordable housing under the HOME program throughout a fiscal year. Contributions that have been or will be counted as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida administrative Code 67-37.007, the State Housing Initiatives Partnership Program funds may be used as required match for HOME eligible activities. The COUNTY shall reimburse SUBRECIPIENT for performance of this Agreement upon completion or partial completion of work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of HOME funds until needed for the payment of eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. However, invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement, except for retainage, which may be held beyond the end date until all deliverables are met. Work performed during the term of the Agreement but not invoiced within 90 days, without written exception from the Grant Coordinator, will not be reimbursed. Habitat for Huinaitity HM 19-03 New Construction -Whippoorwill Page 7 Packet Pg. 845 16.D.2.c No payment will be made until approved by CIIS for grant compliance and adherence to all applicable local, state, or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with Section 218,70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E - Cost Principles. For the purposes of this section (Section 1.5 Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200,93, Accordingly, payments will be made oil a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT can only incur direct costs that may be attributed specifically to the project reference above, as defined in 2 CFR 200.413, SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payment to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and Contractors shall comply with" 2 CFR 200 Subpart E-Cost Principles. The SUBRECIPIENT will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 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: Carolyn Noble, Grant Coordinator Collier County Government Community & Human Services Division 3339 E Tarniarni Trail, Suite 211 Naples, Florida 34112 Email: Car•olyn.noble@colliet•countyfl.gov Phone: 239-450-5186 SUBRECIPIENT ATTENTION: Nick Kouloheras, President Habitat for Humanity of Collier County 11145 Tamiami Trail East Naples, FL 34113 Email: nkouloheras liabitatcollier.ot Phone: 239-775-0036 Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 8 Packet Pg. 846 16.D.2.c PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) deems necessary, SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit in compliance with 24 CFR 92.504. SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits and 2 CFR 200.501. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 92.508, to determine compliance with the requirements of this Agreement, the HOME Program, and all other applicable laws and regulations. This documentation shall include but is not limited to the following: A. All records required by HOME regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily are required by COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books; records and other data; and procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for three (3) years after the date SUBRECIPIENT submits the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 9 Packet Pg. 847 16.D.2.c or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it shall notify the COUNTY in writing of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT's possession upon termination or expiration of the Agreement, and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael. Cox rr,colliereountyfl.gov, 3299 Tainiami Trail E., Naples, FL 34112. E. For rental housing projects, records must be retained for three years after the project completion date. However, records of individual tenant income certification, project rents, and project inspections for the most recent three-year period must be retained until five years after the affordability period ends. F. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law, Similarly, SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. G. The applicability of labor standard provisions under the HOME program apply to any contract for the construction of 12 or more HOME -assisted units (Section 286, National Affordable Housing Act of 1990, as arnended). H. The SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines, The SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT's compliance. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 19, Florida Statutes, or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred Habitat for Humanity HM t 9-03 New Construction -whippoorwill Page 10 Packet Pg. 848 16.D.2.c eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, it may impose a reasonable monitoring charge. Fees are based on average staff time and costs of materials. Ongoing monitoring fees may be included in the project underwriting. In addition, the COUNTY shall conduct inspections every two (2) years at a minimum, in accordance with 24 CFR 92.504(d)(i), and Housing Quality Standards (HQS) inspections shall be completed in accordance with 24 CFR 92.209(i). Also, at the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance 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, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constittrte noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement and provide proper and effective management. of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems, all transactions, and other significant events are to be clearly documented and readily available for monitoring by CHS. SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of tile, Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation, to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith. Habitat for Humanity HM i 9-03 New Construction -Whippoorwill Page I I Packet Pg. 849 16.D.2.c 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans, To effectively enforce Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by subrecipients, developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in CHS issuing Findings or Concerns to the SUBRECIPIENT and require a corrective action plan to be submitted to CHS within 15 days following issuance of the report. o Any pay requests that were submitted to CHS for payment will be held until the corrective action plan has been submitted. o CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. o CHS may require upwards of 5 percent of the award amount to be returned to COUNTY, at the discretion of the Board. o The SUBRECIPIENT may be considered in violation of Resolution No, 2013-228 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail; CHS may require a portion of the awarded grant amount or the arrrount of the HOME investment for acquisition of the properties conveyed, be returned to the COUNTY. o CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. o The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228 4. If, after repeated notification, the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. o CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. o The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228 If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the COUNTY's discretion. Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 12 Packet Pg. 850 16.D.2.c 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports and the resolution of identified monitoring findings, pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress and Section 3 reports to the COUNTY on the 101" day of January, April, July, and October respectively for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used to fulfill this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted, Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 13 Packet Pg. 851 16.D.2.c PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 92 of HOME Investment Partnerships Grant Program including subpart H of these regulations. However, (1) the SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 93.352, and (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Parts 50 and 58. SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an independent contractor of the COUNTY with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent of the COUNTY and an employer/employee relationship will not be created. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. Expiration of Agreement: If SUBRECIPIENT does not complete the project within the specified time period, the COUNTY Manager or designee may, subject to HOME program requirements, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 14 Packet Pg. 852 16.D.2.c 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HOME grant funds provided by HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion 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 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, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph, SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 15 Packet Pg. 853 16.D.2.c 3.8 SUSPENSION AND DEBARMENT SUBRECIPIENT cetlifies that neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and that the SUBRECPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989) Suspension and Debarment, and 2 CFR 200.214 as further detailed in Section 4.18. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons and effective date for such termination, and in the case of a partial termination, the portion(s) to be terminated. However, if in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The COUNTY may also terminate this Agreement if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement D, SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the Project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A, Require specific performance of the Agreement, in whole or in part B. Require the use of, or change in, professional property management C. Require SUBRECIPIENT to immediately repay to the COUNTY all HOME funds SUBRECIPIENT received under this Agreement Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 16 Packet Pg. 854 16.D.2.c D. Apply sanctions set forth in 24 CFR 92, if determined by the COUNTY to be applicable E. Stop all payments until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to SUBRECIPIENT and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS Upon termination or expiration of this Agreement, if the SUBRECIPIENT has not provided the required end use beneficiaries, in addition to any and all other remedies available to the COUNTY (whether finder this Agreement or at law or in equity), SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 92,504(e)(2)(vii). Upon completion of the project, the COUNTY will enforce affordability for the property through deed restrictions. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit A has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under this Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part 1), the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for HOME funds (24 CFR 92 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Federal Procurement Standards: Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 17 Packet Pg. 855 16.D.2.c Collier County Procurement Standards Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (1TB, RFP, etc. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or be put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(J) and 2 CFR 20.233. Contract administration shall be managed by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, SUBRECIPIENT shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States. 3.14 PROGRAM -GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of HOME funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for HOME -eligible activities approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by HOME funds shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Incorne is generated by an activity that is only partially assisted by HOME funds, the income shall be prorated to reflect the percentage of HOME funds used, If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's HOME Program, for further reallocation. Acquisition/Improvement of Real Property: If SUBRECIPIENT disposes of or otherwise fails to continue to use the HOME -assisted real property in a manner that rneets HOME requirements, SUBRECIPIENT shall pay the COUNTY an amount equal to the percentage of the current fair market value of the property, less any disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to HOME and non -HOME funds expended for the original acquisition of, or improvement to, the property under the terms of this Agreement. Such payment shall constitute program incomc to the COUNTY. If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the HOME - assisted real property in a manner that meets HOME requirements, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. Stich percentage shall have as its basis, the percentage of the appraised value attributable to HOME and non -HOME funds expended for the original acquisition of or improvement to the property, under the terms of this Agreement. Such payment shall constitute prograrn income to the COUNTY. Purchase of Equipment: If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the HOME -assisted equipment in a manner that meets HOME requirements, Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 18 Packet Pg. 856 16.D.2.c SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non -HOME funds used to acquire the equipment. Equipment no longer needed by SUBRECIPIENT for HOME -eligible activities under this Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the HOME program, or (b) retained by SUBRECIPIENT after compensating the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non -HOME funds used to acquire the equipment. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the XX year affordability period has been met. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section 2.2, the SUBRECIPIENT shall comply with Section 119,021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that comply with Section 215,97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to discrimination under any activity carried out by the performance of this Agreement, based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment. In addition, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project, as is feasible. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and wotnen's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in Habitat for Humanity 1IM19-03 New Construction -Whippoorwill Page 19 Packet Pg. 857 16.D.2.c lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES Dwelling units that are assisted with HOME funds must be occupied as a principle residence by households that qualify as low-income (at or below 80 percent of AM]) at the time of purchase and throughout the affordability period. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees to carry out all Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles provided in President's Executive Order 11246 of September 24, 1966. SUBRECIPIENT shall submit its plan for an Affirmative Action Program for approval by the COUNTY prior to the award of funds. The Affirmative Action Plan will be updated throughout the affordability period and submitted to the COUNTY within 30 days of any update/modification. 3.20 FEES The SUBRECIPIENT agrees that it shall not charge servicing, origination, or other fees for the purpose of covering costs of administering the HOME program, except as permitted by 24 CFR 92.214(b)(1). 3.21 CONFLICT OF INTEREST Tire SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement. In addition, SUBRECIPIENT shall not employ or subcontract any person having any conflict of interest. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 92.356(f) "Conflict of Interest," 2 CFR 200.318, and State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that Maximum opportunity be provided for employment of and participation of low and moderate -income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT, The COUNTY may review the proposed contract to ensure the contractor is qualified and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. 3.22 RELIGIOUS ORGANIZATIONS HOME funds may be used by religious organizations or oil property owned by religious organizations only in accordance with requirements set forth in Section 24 CFR 92.257. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: Habitat for Humanity HIVE 19-03 New Construction -Whippoorwill Page 20 Packet Pg. 858 16.D.2.c a. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. b. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. c. It will retain its independence from Federal, State, and local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HOME 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, HOME 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 HOME funds. Sanctuaries, chapels, or other roams that a HOME funded religious congregation uses as its principal place of worship, however, are ineligible for HOME funded improvements. 3.23 INCIDENT REPORTING If services to clients are provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to CHS. 3.24 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank Habitat for Humanity H M 19-03 New Construction -Whippoorwill Page 21 Packet Pg. 859 16.D.2.c PART IV GENERAL PROVISIONS 4.1 24 CFR 92 as amended- All the regulations regarding the HOME program littp://www.eefr.gov/cgi-biji/text- idx?SID=c6cee34b7aab 1 a869c49c 1091 cf69e98&node=24:1.1.1. l A I &r n=div5 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://Nvww.ccfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfi•browse/Title24/24efr58�main 02,tpl 4.3 Title 1I of the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et sect.). Regulations at 24 CFR part 92. 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http//www.liud.gov/offices/flieo/libraey/liuddoistatement.pdf E.O. 11063 Equal Opportunity in Housing littp://pot-tal.hud.gov/liudpot-tal/HUD?src—/prop,i,am offices/fair housing. eq ual o /FHLaws/EX 011063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/fe__deraI-registeticodificatiotn/executive-order/ 12259.html 24 CFR Part 107 — Non -Discrimination and Equal Opportunity in Housing under E.0, http://ww-vv,law,cornell.edu/cfi-/text/24/pait-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VI11 of the Civil Rights Act of 1968 as amended. http://portal.liud..gov/hudpoital/HUD?src—/program offices/fair housing equal �opt�/progdese/titl e8 4.6 24 CFR 92,202 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: littp://www.ecoc.gov/eeoc/iiistory/35t[i/tiiclaw/eo-I 1246.html EO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.ceoc.gov/laws/stattites/titievii.efin 4.9 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients and Habitat for Humanity HM 19-03 New Construction -whippoorwill Page 22 Packet Pg. 860 16.D.2.c subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project are given to low - and very low-income persons residing within the metropolitan area in which the HOME -funded project is located; where feasible, priority should be given to low- and very low-incorne persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing constrt►ction, or other public construction project to business concerns that provide economic opportunities for low- and very low-incorne persons residing within the metropolitan area in which the HOME -funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. littps://www.hud.yov/sites/dfiles/FHEO/documents/Section3rulcO92820.pdf 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasai-n/regs/statutes/aye act.htm 11063:http:////potiaLhud.gov/hudportal/HUD?src=/p►•ogram offices/fair ®housing equal eo /p FHLa ws/EXO 11063 11246: http://xvww.ecoe.gov/ecoc/iiistoi-y/35tli/thelaw/eo-I 1246.1-►tml 11375: Amended by EO 11478 11478: htt ://www.at-ciiives. ov/federal-re ister/codification/executive-order/I 1478.html 12107: http://wtvw.at-cliives.gov/federal-re igister•/codifcatiott/exccutiyc-o►-der/12107.litinl 12086: http://www.arcliiyes.gov/federal-register/codification/executive-order/12086.litml 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceetiginecrinppamplets2.tpub,com/EP- 1180-1-1 /EP- 1180-1-10012.lrtin Habitat for Humanity 11 M 19-03 New Construction -Whippoorwill Page 23 Packet Pg. 861 16.D.2.c 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 92.251 Section 504: littp://www.epa.gov/civilrights/sec5O4.litiii 29 USC 776: http:Hlaw.otiecle.com/uscode/29/776.litmi 4.13 The Americans with Disabilities Act of 1990 http:////www.fhwa.dot.gov/realestate/ua/iiidex.litm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. litip://www.fbwa.dot.gov/realestatc/ua/iiidex.litin 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded by HOME. (See 42 USC 276a and 24 CFR 135,11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in pant by Loans or Grants from the United States. littp://www.law.coi-iiell.edu/cfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://Nvww,law.cornell.edu/cfi-/text/29/Ran1-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. litt ://www. residenc .ucsb.edu/ws/index. h ? id=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise littp://www.inbda.gov/node/333 HUD Circular Letter 79-45: No reference found 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and w contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5 Subpart A, as revised by Executive Order 13279. E.O. 13279: ltttp://fedgovcontracts.com/pe02-192.1rtt- 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. Q I)ttp://www.iicbi.jilin.nili.gov/pubtiied/12289709 4.19 Immigration Reform and Control Act of 1986 ltttp://www.eeoe.gov/eeoc/iiistoiy/35th/thelaw/irca.htm] 4.20 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 24 Packet Pg. 862 16.D.2.c employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - litt ://www.lawservei-.cotn/law/state/florida/stattttes/florida statutes chapter 112 part iii Collier County - http://bccsp0l /SiteDirecto!y/ASD/HR/labor/CMAs/Shared%2ODocutnents/CMA%205311.1%20 Standard s%2OoP/o20Conduct.pdf 4.21 Order of Precedence- In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.22 Venue -Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.23 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -snaking authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the patties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20"' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. littp://www.flsciiate,gov/Laws/Statutes/2010/44.102 4.24 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq, http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cortiel1.edu/tiscode/text/33/cha ter r-26 4.25 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 58), the SUBRECIPIENT shall assure that, for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http: //www. cefr. gov/cp; i - b i ti/text- idx?c=ecfr&SID=eba4Obdb52822d80827a48bced5bOb56&r n=div8&view=text&node=24:3.1.1. 3.4.11.1.E&idno=24 Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 25 Packet Pg. 863 16.D.2.c 4.26 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 92.355 4.27 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. bttp://www,iips.gov/liistoa/local-law/iihpal966.litin htt ://www.ecfr. ov/c i-bin/text-idx?c=ecfr&tpl=/eef-browse/Title36/36efr800 main 02.tRI In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. littp://www.nps.gov/history/local-law/nlipa I966.htm 4.28 The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). http://us-code.ylex.com/vid/drug-free-workplace-re u irernents-contractors-19242870 4.29 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded frorn participation in this transaction by any Federal Department or agency; and that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 5 Subpart A. 4.30 The SUBRECIPIENT agrees to comply with 2 CFR 200 et seq, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.31 2 CFR 200.216 -- Prohibition on certain telecornrnunlcations and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain funds; 2) extend or renew a contract to procure or obtain; or 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any systern, or as critical technology as part of any system. 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requ irerne tits and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the Subrecipient's fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. littps://www.cefr.., o�y/ejzi-bin/text- idx?SID=5a78addefff9a535e83fed 3010308aef&mc=true&node=se2.1.200 1344&r n=div8 Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 26 Packet Pg. 864 16.D.2.c Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this, littp://www.law,corneIl,edu/cfr/text/24/92.206 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CPR 24.101, shall be subject to the provisions of HOME including, but not limited to, the provisions on use and disposition of property, Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or pant with HOME funds in excess of $25,000, must adhere to the HOME Regulations at 24 CFR 92.353 http://www.fliwa.dot.gov/realestate/ua/index.litin littp://www. law.coi,nel l.ed u/cfi'/text/49/24.101_ 4.34 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.lawservei,.com/law/state/florida/statutes/floi,ida_statutes 287-133 4.35 No Federal appropriated funds have been paid or will be paid, by or oil behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (inchiding subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713,20, fart 1, Construction Liens littp://www.leg.state.tl.us/Statutes/index.cfnVApp mode=Display Statute&URL=0700- 0799/0713/0713.irtml Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 27 Packet Pg. 865 16.D.2.c 4.39 Florida Statutes 119.021 Records Retention http://www.lawserve€•.com/law/state/floi-ida/statutes/floi-ida statutes 119-021 4.40 Florida Statutes, 119.071, Contracts and Public Records htt ://www,ie .state.fl.us/Statt€tes/index.ef€n?A €node=Dis la Statute&URL=0100- 0199/0119/Sections/0119.07.htm l 4.41 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.Icu.g_o_v. 4.42 Equal Treatment of Faith -Based Organizations: By regulation, DOJIBJA prohibits all recipient organizations from using financial assistance from DOJ/BJA to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see littps://oip.pov/about/ocr/partiiei,sliips.htin. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith - based organizations to receive DOJ/BJA funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.43 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.i?ov/about/ocr/pdfs/UseofCoiivictioii Advisory_.pdf for more details. 4.44 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a mernber of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier tip to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.45 False Claim, Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds Habitat for Hummity H M 19-03 New Construction -Whippoorwill Page 2 Packet Pg. 866 16.D.2.c 4.46 Political Activities Prohibited: None of the fiends provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.47 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA encouragcs recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by DOJ/BJA and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4,48 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the park of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: htt s:Ho' ov/fundin Ex lore/ProhibitedConduct-Trafficki►i 4.49 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. Remainder of Page Intentionally Left Blank Habitat for Humanity HM i 9-03 New Construction -Whippoorwill Page 2 Packet Pg. 867 16.D.2.c PART V HOME Requirements 5.1 Project Requirements for SUBRECIPIENTS The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.504(c)(3) (i) Use of the HOME funds, The Agreement between the COUNTY and a for -profit or nonprofit housing owner, sponsor, or SUBRECIPIENT must describe the address of the project, or the legal description of the property if a street address has not been assigned to the property; the use of the HOME and other funds for the project, including the tasks to be performed for the project; a schedule for completing the tasks and the project; and a complete budget. These items must be in sufficient detail to provide a sound basis for the COUNTY to effectively monitor performance under the Agreement to achieve project completion and compliance with the HOME requirements. (ii) Affordability. The Agreement must require housing assisted with HOME funds to inect the affordability requirements of §92.252 or §92.254, as applicable, and must require repayment of the funds if the housing does not meet the affordability requirements for the specified time period. The affordability requirements in §92.252 must be imposed by deed restrictions, covenants running with the land,. use restrictions, or other mechanisms approved by HUD under which the COUNTY has the right to require specific performance. (A) If the owner or SUBRECIPIENT is undertaking rental projects, the Agreement must establish the initial rents, procedures for rent increases pursuant to §92.252(f)(2), the number of HOME units, size of the HOME units, and the designation of the HOME units as fixed or floating, It must also include the requirement that the owner or SUBRECIPIENT provide the address (e.g., street address and apartment number) of each HOME unit no later than the time of initial occupancy. (B) If the owner or SUBRECIPIENT is undertaking a homeownership project for sale to homebuyers in accordance with §92.254(a), the Agreement must set forth the resale or recapture requirements that must be imposed on the housing, the sales price or the basis upon which the sales price will be determined, and the disposition of the sales proceeds. Recaptured funds must be returned to the COUNTY. (iii) Project requirements. The Agreement must require compliance with project requirements in subpart F of this part, as applicable in accordance with the type of project assisted. The Agreement may permit the owner to limit eligibility or give a preference to a particular segment of the population in accordance with §92.253(d). (iv) Property standards. The Agreement must require the housing to meet the property standards in §92.251 upon project completion. The Agreement must also require owners of rental housing assisted with HOME funds to maintain the housing in compliance with §92,251 for the duration of the affordability period. Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 3 Packet Pg. 868 16.D.2.c (v) Other•p�ogram requh�ements. The Agreement must require the owner, SUBRECIPIENT, or sponsor to carry out each project in compliance with the following requirements of subpart H of this part; (A) The Agreement must specify the owner or SUBRECIPIENT's affirmative marketing responsibilities as enumerated by the COUNTY in accordance with §92351. (B) The federal requirements and nondiscrimination established in §92350. (C) Any displacement, relocation, and acquisition requirements imposed by the COUNTY consistent with §92.353. (D) The labor requirements in §92.354. (E) The conflict of interest provisions prescribed in §92.356(f). (vi) Records and reports. The Agreement must specify the particular records that must be maintained and the information or reports that must be submitted in order to assist the COUNTY in meeting its recordkeeping and reporting requirements. The owner of rental housing must annually provide the COUNTY with information on rents and occupancy of HOME -assisted units to demonstrate compliance with §92.252. If the rental housing project has floating HOME units, the owner must provide the COUNTY with information regarding unit substitution and filling vacancies so that the project remains in compliance with HOME rental occupancy requirements. The Agreement must specify the reporting requirements (including copies of financial statements) to enable the COUNTY to determine the financial condition (and continued financial viability) of the rental project. (vii) Enforcement of the Agreement. The Agreement must provide a means of enforcement of the affordable housing requirements by the COUNTY and the intended beneficiaries. This means of enforcement may include liens on real property, deed restrictions, or covenants running with the land. The affordability requirements in §92.252 must be imposed by deed restrictions, covenants running with the land, use restrictions, or other mechanisms approved by HUD under which the COUNTY has the right to require specific performance. In addition, the Agreement must specify remedies for breach of the provisions of the Agreement. (viii) Requests for disbursement of funds. The Agreement must specify that the SUBRECIPIENT may not request disbursement of funds under the Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. (ix) Duration of the Agreement, The Agreement must specify the duration of the Agreement. If the housing assisted under this Agreement is rental housing, the Agreement must be in effect through the affordability period required by the COUNTY, under §92.252. If the housing assisted under this Agreement is homeownership housing, the Agreement must be in effect at least until completion of the project and ownership by the low-income family. (x) Community housing development organization provisions. If the nonprofit owner or SUBRECIPIENT is a community housing development organization and is using set - Habitat for Humanity FI M 19-03 New Construction -Whippoorwill Page 3 Packet Pg. 869 16.D.2.c 5.2 5.3 aside funds under §92.300, the Agreement must include the appropriate provisions under Sections 92.300, 92.301, and 92.303. If the community development organization is receiving HOME funds as a SUBRECIPIENT of homeownership housing, the Agreement must specify if the organization may retain proceeds from the sale of the housing and whether the proceeds are to be used for HOME -eligible or other housing activities to benefit low-income families. Recaptured funds are subject to the requirements of §92.503. If the community housing development organization is receiving assistance for operating expenses, see paragraph (c)(6) of this section. (xi) Fees. The Agreement must prohibit project owners from charging fees that are not customarily charged in rental housing such as laundry room access fees, and other fees. However, rental project owners may charge reasonable application fees to prospective tenants; may charge parking fees to tenants only if such fees are customary for rental housing projects in the neighborhood; and may charge fees for services such as bus transportation or meals, as long as such services are voluntary. The Agreement must also prohibit the SUBRECIPIENT that is undertaking a homeownership project from charging servicing, origination, processing, inspection, or other fees for the costs of providing homeownership assistance. Affordability Requirements LONG TERM AFFORDABILITY The HOME -assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per unit amount of HOME funds and the affordability period that they trigger are described more fully below under Recapture Provisions. HOME Required Affordability Period Minimum affordability period in years Rehabilitation or acquisition of existing housing per unit amount of HOME funds: Under $15,000 5 $15,000 to $40,000 10 Over $40,000 or rehabilitation involving refinancing 15 New construction or acquisition of newly constructed housing 20 Maximum Per -Unit Subsidy Requirements Due to the discontinuation of the Section 221(d)(3) mortgage insurance program, alternate maximum per -unit subsidy limits must be used for the HOME Program. HUD is required to undertake rulernaking to establish new maximum per -unit subsidy limits for the HOME Program. Until a new rule can be published, HUD published a Notice establishing an interim policy that Field Office staff and participating jurisdictions (PJs) must follow. It directs PJs to use the Section 234- Condominium Housing basic mortgage limits, for elevator -type projects for determining the maximum amount of HOME funds a PJ may invest on a per -unit basis in HOME -assisted housing project. This interim policy rennains in effect until the effective date of the new final rule provisions, Habitat for Humanity HM [9-03 New Construction -Whippoorwill Page 3 Packet Pg. 870 16.D.2.c 5.4 amending the existing provisions of 24 CFR 92.250(a). HOME per -unit subsidy limit at 240 percent of the Section 234 basic mortgage limit. Annual Section 234-Condominium Housing basic mortgage limits, for elevator -type projects can be found at: littps://www.hudexcliange.irrfo/resource/2315/home-per-tinit-subsidy The maximurn subsidy for 234-Condominium Housing Units is as follows: Bedrooms Non -Elevator Elevator 0 $59,33 8 $62,445 1 $68,418 $71,584 2 $82,514 $87,047 3 $105,621 $112,611 4+ $117,666 $123,611 As a rental rehabilitation housing project, the Affordability Period during which SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a maximum of 15 years, depending on the amount assisted per unit. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which requires constructions to be complete, all HOME funds disbursed by the COUNTY and drawn from the US Treasury, and required completion data entered into HUD's IDIS Federal Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of completion and exact expiration date of the affordability period, which shall be calculated based on the date of completion. The COUNTY will record a covenant running with the land, in form satisfactory to the COUNTY that provides a means for enforcement of the affordability restrictions at 24 CFR 02.252. The covenant will be recorded senior to all other financing liens, including the first -position mortgage referenced above, and will be enforceable against all successors in interest to Collier County. If necessary, the COUNTY may execute an amendment to the covenant running with the land that extends the affordability restrictions of 24 CFR 92.252 to the exact expiration date of the affordability period. Failure to meet all applicable HOME requirements for the entire Affordability Period will require SUBRECIPIENT to repay all HOME funds to the COUNTY. Recapture Provision Should the housing unit not continue to be the principal residence of the homebuyer for the duration of the period of affordability, the COUNTY shall recapture the entire direct HOME subsidy, per 24 CFR 92.254(a)(4)(ii), provided to the homebuyer before the homebuyer receives any proceeds. If the net proceeds available at the time of the sale are insufficient to recapture the entire direct HOME subsidy provided to the ho►nebuyer, Collier County will only recapture what is available from net proceeds using the `shared net proceeds' formula. This restriction will be incorporated into the property deed. (Signature Page to Follow) Habitat for Hu€vanity HM 19-03 New Construction -Whippoorwill Page 33 Packet Pg. 871 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 C TTY COMMI LONERS OF CRYSTAL K. I<INZ , CLERK COLLIER Y, FLORID By: Attest as to Chalr>�tadVputy Clerk PENNY TAYL , CHAIRP RSON sign.q!ure only, Date: f / HABITAT FOR HUMANITY OF COLLIER Dated: `� COUNTY, INC. (SEAL) �� By.�/ NICK KOULOHERAS, PRESIDENT Date;— Approved as to form and legality: V"r')'L� - Jennife elpedio kls CI\1/ Assistant County Attorney �1 Date: M,AR 2212,1 P'�i3:25 1lnbitnl for Humanity I I M 19-03 New Construction -Whippoorwill Page 34 Packet Pg. 872 16.D.2.c IJaI.LVIlkII/_I EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage, DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 -- 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: S. Completed Value Builder's Risk Insurance oil 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 tine SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under Habitat for Humanity Ulm 19-03 New Construction -Whippoorwill Page 3 Packet Pg. 873 16.D.2.c the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Prograin (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 3 Packet Pg. 874 16.D.2.c EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: SUBRECIPIENT Address: Project Name: Project No: _ Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness Payment Request # SECTION II: STATUS OF FUNDS through Subreeipient CHS Adjustments 1, Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Habitat for Humanity HM 14.03 New Construction -Whippoorwill Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 3 Packet Pg. 875 16.D.2.c Exhibit B-1 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Subreci ient Name: Subreci ient Address: Project Name: Project No: Match Request 4 Match Amount Request Today: $0.00 SECTION I: STATUS OF FUNDS I . Total Match Amount per Agreement $0.00 2. Total Amount of Previous Match Submitted (Insert Amount) $0.00 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted $0.00 4. Amount of Today's Request (Insert Amount) $0.00 5. Match Balance (Match per Agreement less the Sum of All Match Submitted) $0.00 I certify that this request for paymentlinatch has been made in accordance with the terms and conditions of the Agreement between the COUNTYand us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor Date Authorizing Grant Accountant Department Director Habitat for Humanity H M l 9-03 New Construction -Whippoorwill Page 3 Packet Pg. 876 EXHIBIT C Quarterly Performance Report REPORTING SCHEDULE The SUBRECIPIENT shall submit quarterly reports to COUNTY based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October lst---December 31St January IOtn January 31St — March 315t Aril 10'h April 1st —June 30'h Jul 101h Jul 1" — September 30th October 10'h HOME SUBRECIPIENT AGREEMENT PERIOD Subrecipient Name: Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: GENERAL 1. Activity Status or Milestones —describe any significant actions taken or outcomes achieved during this reporting period. 2. .Future Actions — what significant actions or outcomes are expected during the next reporting period? 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. ACTIVITY STATUS Complete the following information by entering the appropriate numbers for this reporting period ill the tables below. Do not duplicate information from previous reporting periods. Activity This Reporting Period No. Active Projects No. Projects Complete No. Properties Demolished Habitat for Humanity HM 19-03 New Construction -whippoorwill Page 3 Packet Pg. 877 16.D.2.c No, Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data This Reporting Period No, Extremely -Low Income Households 0-30% AMI No, Very -Low Income Households 31-50% AMl No. Low -Income Households 51-80% AMI No. Moderate -Income Households 81-120% AMI No, Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES Race Total No, Hispanic White Black or African American Asian. American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi -Racial TOTAL Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 4 Packet Pg. 878 16.D.2.c EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Submit completed form, including appropriate supporting documentation, to COUNTY to obtain approval prior to the sale of a property associated with this Agreement to an eligible person or household, Effective Date: A. Household Information Member Names — All Household Members Relationship Age I 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets l 2 3 4 5 6 7 8 Total Cash Value of Assets Ba Total Income from Assets Bb If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%) and enter results in B(c), otherwise leave blank. B G Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 41 Packet Pg. 879 16.D.2.c C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime the 1 (Enter of 2 greater box B(b) or 3 box B(c), 4 above, in 5 box C(e) b below) 7 8 Totals (a) (b) (C) (d) (e) Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximu►n income for eligibility, I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of pet jury, WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date Habitat for Humanity H M 19-03 New Construction -Whippoorwill Page 42 Packet Pg. 880 16.D.2.c E. HOME COUNTY Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the HOME Program. The family or individual(s) constitute(s) a: ❑ Extremely -Low Income (ELI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size, (Maximum Income Lit -nit $ ). ❑ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the HOME Administrator or His/Her Designated Representative: Signature Date Printed Name F. Household Data Title Nuinber of Persons B Race { EthWe By Age Native American Asian Black Hawaiian of White Other 0— 26 — 41 — 62� Indian Other Pac. 25 40 61 Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has an occupant. Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 43 Packet Pg. 881 16.D.2.c EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County require that all appropriate documentation is provided regarding your organization's compliance. In determining Feder, awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when th activity related to the Federal award occurs, including any Federal award provided by Collier County. Thy determination of amounts of Federal awards expended shall be in accordance with the guidelines established b 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Ac Statute 215.97 requirements. Subrecipient Name First Date of Fiscal Year MMIDDIYY Last Date of Fiscal Year MMIDDIYY 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 bees ❑ met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will bi completed by . Copies of the audit report and management letter are attache, 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 i; ❑ 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 requestinc an updated status of the corrective action(s) being taken. Please do not provide just a copy e 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. Date Signature Print Name and Title 06/18 00 to N N a� E a� L a 0 0 a a 0 w U w X w :.; E a Habitat for Humanity HM 19-03 New Construction -Whippoorwill Page 44 Packet Pg. 882 FAIN # M 16-UC 12-0217 M 18-UC 12-0217 M 19-UC l 2-0217 Federal Award Date September I2, 2019 Federal Award Agency I -IUD CFDA Name Home Investment Partnerships (HOME) CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded S886,345 Subrecipient Name Habitat for Humanity of Collier Count , lnc. UEI MLUZYT83P4Z9 FEIN 59-1834379 R&D No Indirect Cost Rate No Period of —_ Performance March 23, 2021 — 1-4,2024 January 1, 2025 Fiscal Year End 6/30 Monitor End: June 30, 2035 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Infrastructure This Amendment is made and entered into as of this day of 2023, by and between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc., (SUBRECIPIENT) a non-profit corporation existing under the laws of the State of Florida, having its principal office at 1145 Tamiami Trail E., Naples, FL 34113. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of housing and Urban Development (HUD) as provided by the Cranston -Gonzalez National Affordable Housing Act, as amended, and WHEREAS, the Collier County Board of County Commissioners (Board) approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2019-2020, for the HOME Program on June 25, 2019, Agenda Item 16.D_2 and a Substantial Amendment on January 28, 2020, Agenda Item 16.D. I.; and Habitat for Humanity Whippoorwill - New Construction HM 19-Q3 Amendment 43 Packet Pg. 883 1 ti.D.2.d WHEREAS, HUD has approved the COUNTY's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2019-2020 and the Substantial Amendment for Federal Fiscal Year 2019-2020 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT have provided the activities specified in this Agreement, in accordance with the approved One -Year Action Plan; and WHEREAS, the COUNTY desir-es—to has engaged the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile COUNTY purpose. WHEREAS, on April 13, 2021, Agenda Item 16,D.I.. the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for a new construction/infrastructure project to provide new multi -unit single fancily homes for 52 families whose income is at or below 80% AMI. WHEREAS, on March 22, 2022, the Board of County Commissioners approved Amendment #1, Agenda Item #16.D.6. to clarify the award amount and match requirement, WHEREAS, on November 8. 2022, the Board of County Commissioners approved Amendmcnt #2, Agenda Item #16.D.6. to update the UEi number, period of performance, monitoring end date, performance deliverable due dates, subrecipient contact and custodian of public records. WHEREAS, the Parties desire to further amend the Agreement to revise the number of HOME -assisted units and extend the agreement date. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows; Words Strueli Thror+gl} are deleted; Words Underlined are added. PART 1 SCOPE OF WORK 1.1 GRANT AND SPECIAL CONDITIONS F. The HOME program requires housing units to be provided in order to meet the program objectives. The Subrecipient shall construct 4-2- 52 units with 10 (ten) HOME assisted units for income -eligible households. The units shall be made available for occupancy no later than January I, 20M in 1021. Should the SUBRECIPIENT not perform, or only partial completion of the work has occurred at the end of the performance period, the COUNTY may require repayment of a Specified amount of HOME funds. 2 Habitat for Humanity whsproorwill _. New Construction HM 19-03 Amendment 43 Packet Pg. 884 16. D.2.d 1.2 PROJECT DETAILS A. Project Description/Project Budget FY 2019-2020 Action Plan and Substantial Amendment to the FY 2019-2020 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Activity HOME Budget Match Liability Amount Project Component One: Infrastructure associated $886,345.00 S221,586.00 with the construction of 52 homes with 10 (ten) HOME assisted units' home to include but not limited to water, sewer, lighting, curbing, roadways, sidewalks, electric and any other construction related activities. Match: Minimum Required match 25% of total HOME funds expended Grand Total $886,345.00 $221,586.00 C. Project Outcome The HOME new construction, infrastructure, project will provide 52 new multi -unit single family homes for 52 of which- 10 ten will be 140ME assisted units for families whose income is less than 80% AMI. The SUBRECIPIENT shall ensure the units are occupied by qualified tenants, pursuant to paragraph 1.2.B above. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies Section 1.1) agreement A ireeme it Execution HOME Match Requirement Documentation of Proportionate to the monthly 3 [Libitat for t luinanity Whippoorwiil New Construction HM 19-03 Amendment #3 Packet Pg. 885 16. D.2.d SUBRECIPIENT Activities amount invoiced or 100% may be submitted at any time during the PLOject HQS Inspections NA Not Applicable Insurance Insurance Certificate Within Thirty (30) days of (Exhibit A) Agreement execution within thin (30) days of renewal Detailed Project Schedule Project Schedule Within thirty (30) days of A reement Execution Project Plans and Site Plans and Specifications Prior to Construction Start Specifications Subcontractor log Subcontractor log nn,-„*t,t., ^� -• subset N/A Davis-Bacon/Certified Payroll Certified Payroll i4 days f;em ,,nd of,..eacii pay Documentation Nevied ;;,f eacI; NIA Income Certification Exhibit D Maintained in Documentation SUBRECIPIENT client file _ and validated at Monitoring! Quarterly Performance Report Exhibit C Quarterly until project completion Section 3 Report Quarterly report of new hire Quarterly within 10 days after information the end of the quarter (even if zero). Final report due 60 days after A rcement ends. Annual Audit Monitoring Audit, Management Letter, Annually, within 60 days after Report Exhibit E FY end Financial and Compliance Exhibit E Annually 180 days after FY Audit end Continued Use Certification Continued Use Affidavit Annually until 24034 2035 Capital Needs Assessment Plan approved by the Initial Plan due at construction Plan COUNTY completion and annually thereafter, prior to start of SUBRECIPIENT fiscal year, until 2.044 2035 Program Income Re -use Plan Planned use of program Annually until 2034 2035 generated income Habitat For Humanity HM 19-03 Whippoorwill New Construction Amendment #3 Packet Pg. 886 E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component One: Infrastructure Submission of Exhibit B Submission of monthly associated with the construction of 52 supporting documents invoices each month by multi family homes of_ which 14 ten must be provided as backup as evidenced by the 201h of the month following the month of homes will be HOME assisted and the approved costs whieh may include contractor schedule of service, permit fees, water, sewer, lighting, values/invoices or curbing, roadways, sidewalks, electric equivalent, proof of and any other construction related permit (if applicable), activities. progress photos, affidavit of partial completion or completion, canceled checks, banking documents, and any additional documents as requested. The County will pay up to 90% of the total grant award or project costs, whichever is lower, upon proof of proper payment. The remaining 10% of the award, or projects costs, will be released upon final monitoring clearance and nag a National nt.,:eetiye sale of 10 HOME assisted units For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. Match Submission of Exhibit B- All match shall be 1 and su ortin submitted prior to the Habitat for Humanity HM 19-03 Whippoorwill — New Construction Amendment 43 Packet Pg. 887 16. D.2.d documents may also release of retainage. include cash or in -kind Should thatch not meet documentation; to include 25% of the total canceled checks, banking expended amount, the statements, invoices; final match balance shall additional documentation be withheld from the may be requested retainage to tneet the 25% match obligation. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT's services shall begin on March 23, 2021 and end on15,2024 January 1, 2025. Constniction activities shall be completed by Nave, �, -, tr��5,'2T January 1, 2025 and the affordability period shall cease in 203,4 2035. The terra of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. DURATION OF AGREEMENT - The duration of the SUBRECIPIENT Agreement is as follows: Agreement Effective Date March 23, 2021 Deadline for Commitment of Funds t' s, March 23, 2021 Deadline for Expenditure of'Funds (2 yea+s) Nek,ember iS, 2024 January 1, 2025 Agreement Expiration Date lei- 15, 20024 January ary 1, 2025 Deadline for Receipt of Final Reimbursement Request _ March 31, 2025 PART N' HOME Requirements 5.3 Maximum Per -Unit Subsidy Requirements Due to the discontinuation of the Section 22 l (d)(3) mortgage insurance program, alternate maximum per -unit subsidy limits must be used for the ITOME Program. IIUD is required to undertake rulemaking to establish new maximum per-unit subsidy limits for the HOME Program. Until a new rule can be published, HUD published a Notice establishing an interim policy that Field Office staff and participating jurisdictions (PJs) must follow. It directs PJs to use (lie Section 234-Condominiurn Housing basic mortgage lit -nits, for elevator -type projects for determining the maximum amount of HOME funds a PJ may invest on a per -unit basis in HOME -assisted housing project. This interim policy remains Habitat for Humanity HM 19-03 Whippoorwill New Construction Amendment 43 Packet Pg. 888 16. D.2.cl in effect until the effective date of'the new final rule provisions, amending the existing provisions of24 CFR 92.250(a). IIOME per -unit subsidy limit at 240 percent oftlte Section 234 basic mortgage limit. Annual Section 234-Condominium Housing basic mortgage limits, for elevator -type projects can be found at: htt s://www.hudexchan,,c.info/resotircc/2315/liome- er-unit-subsid The maximum subsidy for 234-Condominium Housing Units is as follows: Bedrooms Non -Elevator Elevator 0 $59,338 $62,445 1 $68,418 $71,584 2 _ _ _ $82,514 $87,047 3 S 105,621 _ $112,6 l 1 4+ S 117,666 S 1.23,611 Per the HOMEfires — Vol. 12 No.1. Revised J_uly,,2017, the Field Office can determine the HOME maximum per -unit subsidy limits for their HOME participating jurisdictions The Miami Field Office has determined the HOME maximumper-unit subsidies for Collier County for FY2022 and are still in effect until the FY2023 maximum mormaec limits are ola sted. As a rental rehabilitation housing project, the Affordability Period during which SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a maximum of 15 years, depending on the amount assisted per unit. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which requires constructions to be complete, all HOME funds disbursed by the COUNTY and drawn from the US 'Treasury, and required completion data entered into HUD's IDIS Federal Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of completion and exact expiration date of the affordability period, which shall be calculated based on the date of completion. The COUNTY will record a covenant running with the land, in fonu satisfactory to the COUNTY that provides a means for enforcement of the affordability restrictions at 24 CFR 02.252. The covenant will be recorded senior to all other financing liens, including the first -position mortgage referenced above, and will be enforceable against all successors in interest to Collier County. If necessary. the COUNTY may execute an amendment to the covenant running with the land that extends the affordability restrictions of 24 CFR 92.252 to the exact expiration date of the affordability period. Failure to meet all applicable HOME requirements for the entire Affordability Period will require SLJBRFCIPIENT to repay all IIOME funds to the COUNTY. SIGNATURE PAGE TO FOLLOW Habitat for Humanity Whippoorwill New Construction I 1 M 19-03 Amendment 43 Packet Pg. 889 16. D.2.d IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZF.L, CLERK Dated: , Deputy Clerk (SEAL) -SSES: ' ess # ignahtre Witness 41 Printed Name r*u`dwa,-. �\. Witness #2 Signature L-�kI� L, (kIJc,\)(.Q Witness #2 Printed Name Approved as to fonn and legality: Derek D. Perry Assistant County Attorney Date: R I IabitaI for Humanity Whippoorwill New Construction AS TO THE. COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: RICK LOCASTRO, CHAIRMAN Date: AS TO SUBRECIPIENT: HABITAT VR HUMANITY OF COLLIER COUNT. Bv� LISA` LEFKOW, CH E EXECUTIVE OFFICER// Date: [Please provide evidence of signing authority] I IM 19-03 Amendment 43 Packet Pg. 890