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Backup Documents 10/10/2023 Item #16D3 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Lisa N. Carr Community and Human LNC 10/10/2023 Services 2. County Attorney Office County Attorney Office ppto 3. BCC Office Board of County Commissioners r it6/3' 4. Minutes and Records Clerk of Court's Office rvir (O- �J `wl�-n 2 PRIMARY CONTACT INFORMATION ` Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lisa N. Carr,Grants Coordinator II, Phone Number 239-252-2339 Contact/Department Community and Human Services Division Agenda Date Item was October 10, 2023 Agenda Item Number 16.D. 3 Approved by the BCC Type of Document Recommendation to approve and authorize Number of Original 3 Attached the Chairman to sign a State Housing Documents Attached Initiatives Partnership Sponsor Agreement for new construction assistance with Habitat for Humanity of Collier County, Inc.(Sponsor),and authorize the Chairman to release the Sponsor's promissory note and mortgage following construction and upon sale to an eligible homebuyer. (SHIP Grant Fund 1053) PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? YES 2. Does the document need to be sent to another agency for additional signatures? If yes, LNC provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be LNC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's LNC Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LNC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LNC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/10/2023 and all changes made during the meeting have been incorporated in the attached document. The County 0 0 t) Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. ` Instructions 1) Return signed copies to: Lisa N. Car Grants Coordinator II Collier County Government I Community and Human Services 3339 E. Tamiami Trail, Bldg. H, Suite 211 Naples, FL 34112 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16D 3 Grant- SHIP FY 2023-2024 Agreement#: SHCON-23-001 Activity: SHIP New Construction Assistance SPONSOR: Habitat for Humanity of Collier County,Inc. CSFA#: 40.901 Total Award Amount: $2,000,000.00 UEI#: MLUZYT83P4Z9 FEIN: 59-1834379 Period of Performance: July 1,2023 through June 30,2026 Fiscal Year End: June 30th Monitoring End: September 30, 2026 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY,INC. New Construction Assistance Program THIS AGREEMENT is made and entered into this day of�)(- , 2023, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 Tamiami Trail East, Suite 213,Naples FL 34112, and Habitat for Humanity of Collier County,Inc. (SPONSOR),a not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East,Naples,FL 34113. WHEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of Florida in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, the State Housing Initiatives Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and WHEREAS,the COUNTY is a participant in the State Housing Initiatives Partnership Program (SHIP); and WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertaking certain activities to primarily benefit persons or households earning not greater than 120 percent of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2022-2025 Local Housing Assistance Plan (LHAP), as amended, was adopted by the Board of County Commissioners on April 26, 2022, Resolution No. 2022-68A; and WHEREAS, the COUNTY and the SPONSOR desire to provide new construction, in accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and 1 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance 0 [23-SOC-01082] C 16D 3 WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings, as specified in Exhibit B, and determines that they are valid and worthwhile County purposes. NOW,THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: PART I SCOPE OF WORK The SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing SHIP funds, as determined by Collier County Community and Human Services (CHS),perform the tasks necessary to conduct the program as follows: Project Name: New Constructions Assistance Description of project and outcome: SHIP New Construction Assistance funds are to be used for the land acquisition, land improvements, infrastructure and development costs, and all other associated fees and permit costs, for residential housing, for resale to eligible home buyers in incorporated or unincorporated Collier County. The units may be constructed on infill lots or as a part of a larger development, and may be any residential housing type (e.g., single family, multi-family, etc.). Project Component One: Construction of new residential housing units. Project Tasks: 1. Submit payment requests, as provided in Exhibit"D" 2. Submit quarterly progress reports, as provided in Exhibit"E" 3. Provide Grant and Special Conditions in Section 1.3 4. Provide Performance Deliverables in Section 1.4 C. A. SHIP Documentation Requirements Compliance Criteria: Activities carried out with funds under this Agreement will be performed in compliance with State Housing Incentives Partnership(SHIP)Program,Florida Statutes section 420.9071,and Chapter 67-37 of the Florida Administrative Code, Collier County's Land Development Code, and any amendments thereto (also referred to as the SHIP Program). 1.1 DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program, Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program). B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SPONSOR will implement the Scope of Service summarized in Exhibit B of this Agreement. 2 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance O [23-SOC-01082] G - 1 6 D 3 1.2 SCOPE OF WORK The SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits B and C (New Construction Assistance Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, New Construction Assistance, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2023-2024 and SPONSOR's Application dated February 16, 2023. 1.3 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SPONSOR must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty(60)days of execution of this Agreement: Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy Procurement Policy ❑ Uniform Relocation Act Policy ❑ Sexual Harassment Policy ❑ Section 3 Policy Section 504/ADA Policy Fraud Policy ❑ Language Assistance and Planning Policy (LAP) n Violence Against Women Act(VAWA)Policy ❑ LGBTQ Policy C. Annual SPONSOR Training- All SPONSOR staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual Sponsor Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered training relevant to the Project,as determined by the Grant Coordinator,not to exceed two(2)sessions. 1.4 PROJECT DETAILS A. Project Description/Budget Description State Amount Project Component 1: Construction of new residential housing $2,000,000.00 units($50,000.00 per unit) Total State Funds $2,000,000.00 3 - Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] Cr' 16D 3 The SPONSOR will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain, and provide to the COUNTY as requested, beneficiary income certification documentation, retained at SPONSOR location ® Maintain Eligibility Documentation, retained at SPONSOR location ® Provide Quarterly Reports on project progress ® Attendance by a representative from executive management at quarterly partnership meetings is required, as requested by CHS n Provide monthly construction progress reports until completion of construction ® Identify Lead Project Manager n Provide Site Design and Specifications ❑ Comply with Davis-Bacon Labor Standards n Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components, as detailed in Exhibit B. C. Performance Deliverables Program Deliverable Supporting Documentation Submission Schedule Special Grant Policies Policies as stated in this Within 60 days of (Section 1.3 B) Agreement Agreement execution Insurance Proof of coverage in Within 10 days of (Flood, Property, O&D) accordance with Exhibit A Agreement execution and annually within 30 days after renewal Detailed Project Schedule Project Schedule Within 60 days of Agreement execution Project Plans and NA N/A Specifications Subcontractor Log N/A N/A Progress Report Progress report, detailing Quarterly, on the 10th of the accomplishments (Exhibit E) month, following the end of calendar quarter and continue to final report due with last invoice. Annual Audit Monitoring Exhibit F Annually, within 60 days Report after FY end SPONSOR Audit Audit report, Management Within 9 months for Single Letter, and Supporting Audit(otherwise 180 days) Documentation after FY end. 4 Habitat for Humanity of Collier County,Inc. SHCON-23-001 O SHIP New Construction Assistance [23-SOC-01082] C 16D 3 D. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component 1: Exhibit D along with: Monthly, following Construction of new 1. Certificate of occupancy the month of service. residential housing units. 2. Pictures during construction and of finished housing unit 3. Floor Plan or Unit specifications 4. Final Invoice for the unit 5. Fully executed Promissory Note and Mortgage to Collier County 6. Invoices and canceled checks totaling a minimum of$50,000 in construction related expenses for each participating housing unit 1.5 PERIOD OF PERFORMANCE SPONSOR services shall begin on July 1,2023,and end on June 30,2026. This project allows for pre-award development/construction costs if incurred prior to the commencement of Period of Performance. This Agreement must remain in effect throughout the development process of the Project and is terminated upon completion of construction and sale to a CHS referred applicant. SPONSOR is responsible for ongoing reporting, subject to onsite monitoring, and tenant income qualification activities. In any event, all services required hereunder shall be completed by SPONSOR prior to June 30,2026. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SPONSOR. 1.6 AGREEMENT AMOUNT The COUNTY agrees to make available TWO MILLION DOLLARS and ZERO CENTS ($2,000,000.00) for use by the SPONSOR, during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). 5 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] (l 16D 3 Modifications to the "Budget and Scope" may only be made if approved, by COUNTY, in advance. All services/activities specified in Part 1 Scope of Work shall be performed by SPONSOR or its subcontractors that meet State requirements. Contract administration shall be managed by the SPONSOR and monitored by CHS,which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SPONSOR for the performance of this Agreement upon completion of the project deliverables as accepted and approved by CHS. SPONSOR may not request disbursement of SHIP funds until funds are needed for eligible costs,and all disbursement requests must be limited to the amount needed at the time of the request.Payments shall be made to SPONSOR only after payment deliverables have been issued for the related housing unit. Payment will not occur if SPONSOR fails to perform the construction required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State,or Federal requirements,including timely submission of Performance Deliverables contained in Section 1.4.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS.Except where disputed for noncompliance,payment will be made upon receipt of a properly completed invoice,and in compliance with Section 218.70,Florida Statutes,otherwise known as the"Local Government Prompt Payment Act." All services in Scope of Work, as well as in Exhibit B, shall be performed by SPONSOR. Agreement administration shall be conducted by the SPONSOR and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY will secure the awarded amount per property with a note and mortgage. The Note will bear interest at 0 percent interest per year and be released upon sale to a CHS referred applicant. If the SPONSOR fails to comply with the terms and conditions of this Agreement, SHIP funds shall be due and payable back to the COUNTY. 1.7 RIGHT OF FIRST REFUSAL If SPONSOR offers the Property for sale before twenty (20)years after the SPONSOR's receipt of the Certificate of Occupancy, or at any other time when there are existing mortgages on the Property funded by the SHIP program, the SPONSOR must give a right of first refusal (ROFR) for a 90-day period, to experienced non-profit organizations, reasonably approved by the COUNTY for purchase of the Property,at the then current market value,for continued occupancy by eligible persons. The 90-day right of first refusal period begins when a legal advertisement 6 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance 123-SOC-01082] `,� 16D 3 appears in a local newspaper of general circulation, or other method authorized by statute or regulation, offering the Property for sale to non-profit organizations. COUNTY approval of any non-profit organization submitting an offer of the full requested sale price, or any other offer considered in the sole determination of the COUNTY to be reasonable, will be based on the criteria listed in the affordable multi-family rental housing development strategy sponsor selection criteria,in the COUNTY's FY 2019-2022 SHIP Local Housing Assistance Plan.Either (a) the 90-day right of first refusal period expires and the SPONSOR is not a party to an active contract for purchase and sale of the Property with an eligible non-profit organization,reasonably approved by the COUNTY; or(b) a contract for purchase and sale of the property is entered into by the SPONSOR and an eligible non-profit organization,reasonably approved by the COUNTY, within such 90-day ROFR period but terminated by either party pursuant to the terms thereof subsequent to the 90-day period. The COUNTY shall wire funds to the title company at closing and secure a 0 percent forgivable mortgage for the acquisition of the Property. The SPONSOR shall provide CHS closing disclosures seven (7) days prior to closing and submit Title Insurance to CHS the same day as closing. No wire transfer will be made until approved by CHS and the Collier County Clerk of Courts for grant compliance and adherence to all applicable local, state, or federal requirements. Wire transfer will be made upon receipt of closing disclosures and in compliance with section 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The amount of wire transfer shall not be more than $300,000.00. The COUNTY reserves the right to deny payment of incomplete or altered closing disclosures, inadequately documented expenses, or expenses for items and services the COUNTY deems not to be usual, customary, and reasonable expenses related to the Project. 1.8 NOTICES Notices required by this Agreement shall be in writing and delivered via mail(postage prepaid), commercial courier,personal delivery,or sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa N. Carr, Grants Coordinator II Collier County Government Community and Human Services 3339 Tamiami Trail East, Suite 213 Naples, FL 34112 Email to: 1isa.carr@colliercountyfl.gov Telephone: 239-252-2339 SPONSOR ATTENTION: Rev. Lisa B. Lefkow, CEO Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, FL 34113 Email to: llefkow@habitatcollier.org Telephone: 239-775-0036 7 Habitat for Humanity of Collier County,Inc. SHCON-23-001 O SHIP New Construction Assistance [23-SOC-01082] 16D 3 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS Pursuant to Florida Statute 215.97(6)(Florida Single Audit Act), in the event that the SPONSOR expends a total amount of State awards equal to or in excess of$750,000 in any fiscal year, it must conduct a State single or project-specific audit for such fiscal year, in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor General. The SPONSOR shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package, as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 45 days after receipt by the SPONSOR, but not later than 180 days after the SPONSOR's fiscal year end. SPONSOR shall submit the financial reporting package and Exhibit F to the Grant Coordinator. If the SPONSOR expends less than$750,000 in State awards in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the SPONSOR expends less than $750,000 in State awards in its fiscal year and elects to have an audit in accordance with provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from non-State funds. 2.2 RECORDS AND DOCUMENTATION The SPONSOR shall maintain sufficient records in accordance with FHFC program regulations, as provided in Exhibit B,to verify compliance with the requirements of this Agreement,the SHIP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to,the following: A. All records required by SHIP regulations. B. SPONSOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. SPONSOR shall make available to the COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs,direct and 8 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] C, 16D 3 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, SPONSOR shall maintain all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in Florida Statute Chapter 257.36 However, if any litigation, claim, or audit is started before the expiration date of the three(3)year period,the records will be maintained until all litigation,claim,or audit findings involving these records are resolved. If the SPONSOR ceases to exist after the closeout of this Agreement, it will notify the COUNTY in writing, of the address where the records are to be kept, as outlined in Florida Statute Chapter 257.36 The SPONSOR shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SPONSOR's possession upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements.All records stored electronically must be provided to the COUNTY in a format compatible with the COUNTY's information technology systems. IF SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail East, Naples FL 34112. E. SPONSOR is responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under Florida Housing Finance Corporation (FHFC) Income Guidelines. Income certification documentation will be validated at interim and closeout monitoring. The SPONSOR agrees that CHS shall be the final arbiter on the SPONSOR's compliance. F. SPONSOR shall document how compliance with the Program components, the applicable regulations included in Exhibit B, and the eligibility requirement(s)under which funding has been received, was accomplished. This includes special requirements such as necessary and appropriate determinations, as defined in Exhibit B, including income certification, and written agreements with beneficiaries,where applicable. G. SPONSOR shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SPONSOR shall ensure that exempt or confidential public records that are released from 9 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance o [23-SOC-01082] G� 16D 3 public records disclosure requirements, are not disclosed except as authorized by Florida Statute Chapter 257.36 2.3 MONITORING During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit F) no later than 60 days after SPONSOR's fiscal year end. In addition, SPONSOR shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Sponsors exempt from Single Audit)after the SPONSOR's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SPONSOR agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SPONSOR shall, upon request by CHS,submit information and status reports required by CHS or FHFC,to enable CHS to evaluate said progress and allow for completion of required reports. The SPONSOR shall allow CHS or FHFC to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled, as determined by CHS or FHFC. The COUNTY will monitor the SPONSOR's performance to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332 Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If SPONSOR does not take corrective action within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SPONSOR agrees to provide FHFC,the Florida Office of Inspector General, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SPONSOR shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SPONSOR's internal control systems and all transactions and other significant events shall be clearly documented and readily available for monitoring by COUNTY. SPONSOR shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SPONSOR shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SPONSOR may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith. 10 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance 0 [23-SOC-01082] Gk 16D 3 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 to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Sponsors, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: A. Initial noncompliance may result in Findings or Concerns being issued to the SPONSOR, which will require a corrective action plan to be submitted to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SPONSOR, as needed, in order to correct the noncompliance issue. B. If the SPONSOR fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SPONSOR may be denied future consideration as set forth in Resolution No. 2013-228 C. If SPONSOR remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of its substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount,or the amount of the investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SPONSOR will be in violation of Resolution No. 2013-228 D. If after repeated notification the SPONSOR continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. 11 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] Cr'- 16D 3 • CHS will make a recommendation to the Board to immediately terminate the Agreement. The SPONSOR will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SPONSOR will be in violation of Resolution No. 2013-228 If the SPONSOR has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SPONSOR shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July,and October,respectively,for the prior quarter period end. As part of the report submitted in October or when final services are delivered, whichever is earlier,the SPONSOR also agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures, including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit E, which contains a sample reporting form, to be used in fulfillment of this requirement. Other reporting requirements may be 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 12 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance O [23-SOC-01082] G� 16D 3 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SPONSOR agrees to comply with the requirements as outlined in Sections 420.907- 420.9079 of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code. The SPONSOR also agrees to comply with all other applicable state and local laws, regulations, and policies governing the funds provided under this Agreement. The SPONSOR agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available for New Construction. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SPONSOR shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance, and Workers' Compensation Insurance as the SPONSOR is an independent contractor. 3.4 AMENDMENTS The COUNTY or SPONSOR may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SPONSOR from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local guidelines,policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SPONSOR. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds and must be implemented in full compliance with all SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the event of curtailment or non-production of said state funds, the financial sources necessary to continue 13 - Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance O [23-SOC-01082] G� 16D 3 to pay the SPONSOR all or any portion of the funds will not be available. In that event, the COUNTY may terminate this Agreement,which termination shall be effective as of the date it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available. In the event of such termination,the SPONSOR agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement,and the COUNTY shall be released from any further liability to the SPONSOR under the terms of this Agreement. 3.6 DEFAULTS,REMEDIES,AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or the SPONSOR, in whole or in part,by setting forth the reasons for such termination,the effective date,and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by the SPONSOR shall constitute a Default under this Agreement: SPONSOR's failure to comply with any of the rules,regulations,or provisions referred to herein, or such statutes, regulations, executive orders, and FHFC guidelines, policies, or directives as may become applicable at any time A. SPONSOR's failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper manner B. SPONSOR's ineffective or improper use of funds provided under this Agreement C. SPONSOR's submission of reports to the COUNTY that are incorrect or incomplete in any material respect D. SPONSOR's submission of any false certification E. SPONSOR's failure to materially comply with any terms of this Agreement F. SPONSOR's failure to materially comply with the terms of any other agreement between the COUNTY and SPONSOR relating to the Project In the event of any default by the SPONSOR under this Agreement,the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part 14 Habitat for Humanity of Collier County,Inc. SHCON-23-001 O SHIP New Construction Assistance [23-SOC-01082] G 1 6 D 3 B. Require the use of, or change in,professional property management C. Require SPONSOR to immediately repay to the COUNTY all SHIP funds the SPONSOR has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments, until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to the SPONSOR and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein,the SPONSOR shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.7 INDEMNIFICATION To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,recklessness,or intentionally wrongful conduct of the SPONSOR or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SPONSOR shall pay all claims and losses of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County.The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. 3.8 COUNTY RECOGNITION/SPONSORSHIPS The SPONSOR agrees that all notices, informational pamphlets,press releases, advertisements, descriptions of Program sponsorships, research reports, and similar public notices, whether printed or digital, SPONSOR has prepared and released for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY FLORIDA HOUSING FINANCING COPORATION (FHFC) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 15 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance R�l [23-SOC-01082] ( t 16D 3 and shall appear in the same size letters or type as the SPONSOR's name. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.9 INSURANCE SPONSOR shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A, has been obtained. Said insurance shall be carried continuously during SPONSOR's performance under the Agreement. The SPONSOR shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least$1,000,000 per occurrence in accordance with Exhibit A. 3.10 PURCHASING All purchasing for consumables,capital equipment,and services shall be made by purchase order or written contract and in conformity and in full compliance with the procedures prescribed by applicable Florida Statutes(FL 287.017)and the Collier County Purchasing Policy,whichever is more stringent. Collier County Ordinance #2017-08 allows for contracting with not-for-profits through the approved exemption. Purchasing Threshold Policy Dollar Range($) Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation(RFP, IFB etc.) All improvements specified in Part I Scope of Work, shall be performed by SPONSOR employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and State requirements. The SPONSOR shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be handled by the SPONSOR and monitored by CHS, which shall have access to all records and documents related to the Project. As provided in Section 287.133,Florida Statutes,by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. 3.11 DEBARMENT The SPONSOR certifies that none of its officers or agents has been debarred from bidding, proposing, or contracting for federal, state, or local government programs. The SPONSOR assures that all its subcontractors who will participate in activities, subject to this Agreement, are eligible and have not been debarred. 16 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] 16D 3 3.12 GRANT CLOSEOUT PROCEDURES The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed.Activities during this closeout period shall include,but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), closeout monitoring, and determining the custodianship of records. In addition to the records retention outlined in Section 2.2, the SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SPONSOR is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. The SPONSOR shall also produce records and information that comply with Section 215.97, Florida Single Audit Act. 3.13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SPONSOR agrees that no person shall be excluded from the benefits of, or be subjected to discrimination based on race,creed,color,religion,national origin,sex,handicap,familial status, marital status, or age under any activity carried out by the SPONSOR in performance of this Agreement. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. The SPONSOR will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following:hiring,upgrading,demotion,transfer,recruitment or recruitment advertising, layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause. To the greatest extent feasible, lower-income residents of the project area shall be given opportunities for training and employment. In addition, eligible business concerns located or owned in substantial part by persons residing in the project area shall be awarded contracts in connection with the project. The SPONSOR is encouraged to comply with Section 3 of the Housing and Community Development Act of 1968. 3.14 OPPORTUNITIES FOR SMALL AND MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses and minority and women owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632),and"minority and women's business enterprise"means a business at least fifty- one (51)percent owned and controlled by minority group members or women. For the purposes of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The 17 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance � ) [23-SOC-01082] 1 6 D SPONSOR may rely on written representations by businesses regarding their status as minority and women business enterprises, in lieu of an independent investigation. 3.15 PROGRAM BENEFICIARIES As defined by Florida Statute Section 420.9071-420.9079 and the Collier County Local Housing Assistance Plan (LHAP), 100 percent of the beneficiaries receiving SHIP funding through this Agreement must meet the requirement to be at or below 120 percent of the Area Median Income (AMI), as published by HUD. Additionally, the SHIP program requires the SPONSOR to meet specific income set-asides, which are described in Exhibit B. Income eligibility of tenants will be validated with supporting documentation during interim monitoring and at closeout. 3.16 AFFIRMATIVE ACTION PLAN The SPONSOR agrees that it is committed to carry out an Affirmative Action Program,pursuant to the COUNTY's specifications in keeping with the principles provided in President's Executive Order 11246 of September 24, 1966. The SPONSOR shall submit a plan for its Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action Program is updated during the period of performance of this Agreement,the updated plan must be submitted to the COUNTY within 60 days of any update/modification. 3.17 PROHIBITED ACTIVITY The SPONSOR,or personnel employed in the administration of the program,are prohibited from using funds provided herein, for political activities, sectarian or religious activities, lobbying, political patronage, and/or nepotism activities. 3.18 CONFLICT OF INTEREST The SPONSOR covenants that no person under its employ,who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. The SPONSOR covenants that it will comply with all provisions of"Conflict of Interest," per FL Statute 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SPONSOR will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SPONSOR. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be at the COUNTY's sole discretion. This provision is not intended to limit SPONSOR's ability to self-manage the Project using its own employees. 18 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance o [23-SOC-01082] Cr- 16D 3 Any possible conflict of interest on the part of the SPONSOR, its employees, or its contractors shall be disclosed, in writing,to CHS provided, however that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment and participation of low- and moderate-income residents of the project target areas. 3.19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS State funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Florida Statue, Chapter 196.011. The SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct State funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition,construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part. Sanctuaries, chapels, or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. 3.20 INCIDENT REPORTING If services to clients are provided under this Agreement, the SPONSOR and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect,or exploitation of a child, aged person, or disabled person to the COUNTY. 3.21 ENFORCEMENT OF AGREEMENT The benefits of this Agreement shall inure to and may be enforced by the COUNTY for the duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds issued for the purpose of providing funds for the project are outstanding. The SPONSOR - 19 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance o [23-SOC-01082] (t 16D 3 warrants that it has not, and will not, execute any other agreement with provisions contradictory to, or in opposition to the provisions hereof, and that, in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. However, this shall not preclude the COUNTY from subordinating its loan to construction financing. 3.22 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.23 COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright or patent materials, the SPONSOR may copyright or patent such, but Collier County and the State of Florida reserve a royalty-free, nonexclusive, and irrevocable license to reproduce,publish, or otherwise use such materials and to authorize others to do so. Signature Page to Follow 20 - Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance `0 [23-SOC-010821 ( 16D 3 IN WITNESS WHEREOF,the SPONSOR and the COUNTY,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ,.P,, •....; p l rk By: f1— ""m `+"i...,-;:-- ,._ ''�` RICK LOCASTRO, CHAIRMAN it .,i Dated. `� Tt-'��/ Date: Q G /0 2 0 2- 3 { .4 # fQ .Gta�grman's F b`F{tl�si hture only _ AS TO SPONSOR: WITNESSES: HABITAT FOR HUMANITY OF COLLIER COUNTY,INC. ii ess#1 Signature l Q C M-C-- A-3 I` C .\-C REV SA B.LEFKO CEO Witness I Pri ted Name 3 A _t2 S Witness#2 Signature Date: I a- i �d��3 1\1\i-5L .el (�! vtz ( z, [Please provide evidence of signing authority] Witness#2 Printed Name e� App ed as to form and legality: jiGID lach O Derek D. Perry ��h� Assistant County Attorney Date: o cr ( 1 ( ZO Z 3 21 Habitat for Humanity of Collier County,Inc. SHCON-23-001 +� SHIP New Construction Assistance l [23-SOC-01082] l' 1 6 D EXHIBIT A INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability,including products and completed operations insurance,in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement,in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SPONSOR or the licensed design professional employed by the SPONSOR, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SPONSOR and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide, or cause its Subcontractors to provide,original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than 100 percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SPONSOR. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SPONSOR shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). 22 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] (;, 1 6 D u 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 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP).The policy must show Collier County as a Loss Payee A.T.I.M.A. 23 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance 0 [23-SOC-01082] G� 16D 3 EXHIBIT A-1 HOLD HARMLESS LETTER Please be advised that I/We,Habitat for Humanity of Collier County,Inc.,existing under the laws of the State of Florida,having its principal office at 11145 Tamiami Trail East,Naples,FL 34113(SPONSOR),under agreement with Collier County Board of County Commissioners for the SHIP New Construction Assistance project, verify that I/We are a self-insured company. I/We understand that we are to construct new housing units,hereafter referred to as"Improvements." I. Indemnification and Hold Harmless a) In General In the performance of the Sponsor Agreement to which this exhibit is Attached,the undersigned hereby agrees to release,indemnify and hold harmless Collier County,as well as their employees, agents and representatives(collectively,the COUNTY),from any and all claims,demands,causes of action or damages of any kind or nature brought by the undersigned or others, including reasonable attorneys' fees, arising out of or in any way associated with, the COUNTY's authorization to allow the Improvements to be constructed, operated, and maintained by SPONSOR. This includes without limitation, all claims, demands, costs or judgments against the COUNTY whether such liability, loss or damage is due or claimed to be, due to the negligence of the undersigned, its contractors, subcontractors, the COUNTY, its employees, agents, or representatives. b) Respecting the Improvements The undersigned hereby agrees to release, indemnify and hold harmless the COUNTY and accepts all risks of loss associated with respect to the Improvements. II. Successors and Assigns The undersigned further agrees, as the entity responsible for ownership and maintenance of the Improvements, that this document may be recorded, and that the representations and obligations herein are binding upon its successors and assigns. Signature Signature Print Name Print Name Title Title 24 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance `t'�� [23-SOC-01082] `' 6D 3 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 2023, by . Such person(s) Notary Public must check applicable below: (check one) ❑ are personally known to me ❑ produced current driver license ❑ produced as identification (Notary Seal) Notary Public: Printed Name of Notary: Commission Number: My Commission Expires: 25 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] G 16D 3 EXHIBIT B NEW CONSTRUCTION ASSISTANCE PROJECT REQUIREMENTS The Project is to be developed as affordable residential housing, in accordance with the State Housing Initiatives Program (SHIP), and the Collier County Local Housing Assistance Program (LHAP) FY 2022- 2025. The SPONSOR shall perform the following activity under this Agreement: a) New Construction Assistance: The SPONSOR is required to comply with all applicable requirements of the SHIP Program, including but not limited to Section 420.907-420.9079, Florida Statutes and Rule 67-37,Florida Administrative Code, and Collier County Construction Standards.Any or all of these regulations may,but are not required,to be specifically set forth in any additional loan documents executed in connection with the Project. The SPONSOR shall include such language as the COUNTY may require in any agreements with potential homeowners of the Project, or any portion,thereof to evidence such requirements. b) Default of Mortgage: The SPONSOR shall be considered in default if any of the following occur: 1. The SPONSOR fails to construct a safe, sanitary, and habitable housing unit. 2. The SPONSOR fails to receive Certificate of Occupancy for new housing unit. 3. The SPONSOR fails to sell to SHIP applicant, referred by CHS, within one (1) year of receipt of Certificate of Occupancy. c) Assurance of Public Purpose: The SPONSOR covenants that if it is unable or unwilling to sell the property in accordance with the terms and conditions incorporated herein, the SPONSOR shall give the COUNTY a 90-day notification, during which time the COUNTY shall require SPONSOR to remit payment for an amount not to exceed the amount of funds provided by the COUNTY through the Program. d) Affirmative Marketing: The SPONSOR shall adopt appropriate procedures for affirmatively marketing the SHIP-assisted units.Affirmative marketing consists of good faith efforts to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area of the available housing. The SPONSOR shall use affirmative fair housing marketing practices in soliciting homebuyers,concluding transactions,and affirmatively furthering fair housing efforts. The SPONSOR must maintain a file containing all marketing efforts(i.e. copies of newspaper ads,memos of phone calls,copies of letters,etc.)to be available for inspection on request by the COUNTY. The SPONSOR must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial,ethnic,and gender groups in the housing market of the available housing. The SPONSOR must provide the COUNTY with an assessment of the affirmative marketing program. The assessment must include:a)methods used to inform the public and potential homebuyers about federal fair housing laws and affirmative marketing policy, b) methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special outreach,and c)records describing actions taken by the participating entity and/or owner to affirmatively market units and records to assess the results of these actions. e) Project Requirements: The SPONSOR agrees that, if the Project area is in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. 26 Habitat for Humanity of Collier County,Inc. SHCON-23-001 0 SHIP New Construction Assistance [23-SOC-01082] C 16D 3 The SPONSOR shall develop and submit to CHS, within 60 days of Agreement execution, a construction schedule including the following: TENTATIVE SCHEDULE(Adherence is not a condition of payment) Sites Identified/Site Due Diligence July 2020 Property(ies)Under Conditional Contract April 2023 Construction Commencement June 2023 Certificate of Occupancy Issued for all Newly April, 2026 Constructed Housing Units Project Completion Date June 30,2026 Eligible project costs may be incurred prior to the SHIP funding cycle fiscal years 2023- 2024 program year. This project allows for pre-award development/construction cost if incurred prior to the commencement of the Period of Performance. Further, "project completion date" will mean issuance of all certificates of occupancy and completion of sale to referred households. f) Property Standards: The SPONSOR attests that the Project will meet the standards of the Florida Building Code and all applicable local codes,standards,ordinances,and zoning ordinances at the time of Project completion and throughout the duration of the affordability period. The Project will also meet the accessibility requirements at 24 CFR part 8,which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the design and construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619), in the event property is rehabilitated at any time during affordability period. In accordance with the LHAP, SPONSOR shall follow each SHIP Program strategy requirement below: g) Energy Efficient Best Practices: Section 420.9075(3)(d), Florida Statutes defines Energy Efficient Best Practices as: Innovative design, green building principles, storm resistant construction, or other elements that reduce long-term costs relating to maintenance, utilities, or insurance in the event property is rehabilitated at any time during the affordability period. The COUNTY requires the use or inclusion, when appropriate, of the following: energy star appliances, low-E windows, additional insulation(for increased R-value), ceramic tile,tank-less water heater, 14 and 15 SEER air conditioning units, stucco, florescent light bulbs, and impact resistant windows and doors. Evidence of such is not a condition of the construction subsidy payment. h) Payment Documents: 1. Certificate of occupancy 2. Pictures during construction and of finished housing unit 3. Floor plan or unit specifications 4. Final invoice 5. Pay Request Form (Exhibit D) 6. Fully executed SHIP Promissory Note and Mortgage to Collier County 27 - Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance O [23-SOC-01082] G� 16D 3 7. Invoices and cancelled checks totaling a minimum of $50,000.00 in construction/ development related expenses for each housing unit assisted. i) Program Set-Asides: The SPONSOR must meet the following SHIP mandated,program set-aside requirements: A. A minimum of 30 percent of the funds must assist very low-income households at or below 50 percent(50%) area median income. Furthermore,the remaining funds must assist very low and/or low-income households at or below 80 percent (80%) area median income. Although the SHIP statute mentions 30 percent (30%) for very low- income and another 30 percent (30%) for low-income persons, there are many combinations that fulfill the set-aside requirement. In all cases, at least 30 percent (30%) must be designated for very low-income households - A minimum of 12 units for households at or below 50 percent(50%)AMI. B. A minimum of 20 percent(20%)of funding must be used to serve persons with special needs as defined in § 420.0004 Florida Statutes. Section 420.9075(5) of the SHIP Statutes addresses the special needs set-aside. A minimum of eight units for households identified as Special Needs per SHIP Statutes. 28 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] (,t 16D 3 EXHIBIT C BUDGET NARRATIVE NEW CONSTRUCTION ASSISTANCE PROGRAM The total SHIP allocation to the SPONSOR for the New Construction Assistance Program shall not exceed TWO MILLION DOLLARS ($2,000,000.00). Sources for these funds are as follows: Fiscal Year New Construction Total Assistance 2023-2024 $2,000,000.00 $2,000,000.00 Total Funds $2,000,000.00 $2,000,000.00 Funds shall be disbursed in the following manner: 1. Construction/Development expenditures shall not exceed $50,000.00 per unit. 2. Funds will be disbursed upon submission of proper Pay Request (Exhibit "D" and in accordance with Florida Prompt Payment Act. 29 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082j C� 16D 3 EXHIBIT D COLLIER COUNTY COMMUNITY& HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SPONSOR Name:Habitat for Humanity of Collier County,Inc. SPONSOR Address: 11145 Tamiami Trail East,Naples,FL 34113 Project Name: New Construction Assistance Project No: SHCON-23-001_ Payment Request# Total Payment: $ Period of Availability: July 1,2020_through June 30,2026 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Sponsor CHS Approved 1.Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3.Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) By signing this report, I certify to the best of my knowledge and belief that this request for payment is true, complete and accurate, and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the State award.I am aware that any false,fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,false statements,false claims or otherwise(U.S. Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812;and/or Title VI,Chapter 68,Sections 68.081- 083,and Title XLVI Chapter 837,Section 837-06). Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required$1,499 and below) Division Director(Approval Required$15,000 and above) 30 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] _ 1••• l 16D 3 EXHIBIT E QUARTERLY PROGRESS REPORT Complete form for preceding quarter and submit to Community and Human Services staff by the 30th of the following quarterly month. Status Report for the Quarter Ending: Submittal Date: Project Name: New Construction Assistance Project Number: SHCON-23-001 SPONSOR: Habitat for Humanity of Collier County,Inc. Contact Person: Telephone: 239-775-0036 Fax: E-mail: PROPERTY UNIT DATA Number of units under construction this period Number of units completed this period Number of units completed to date EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Sales Contracts executed this period Name of Client Address Amount of Contract Income Data Client Income Category Income Amount What events/actions are scheduled for the next month? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Date Signature 31 Habitat for Humanity of Collier County,Inc. SHCON-23-001 SHIP New Construction Assistance [23-SOC-01082] Cr* 1 6D 3 EXHIBIT F ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor sponsors of federal awards to determine if sponsors are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year,the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Sponsor Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been ❑ met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date: Print Name and Title: 06/18 32 Habitat for Humanity of Collier County,Inc. SHCON-23-00 I SHIP New Construction Assistance (, [23-SOC-01082] (, '