Backup Documents 04/08/2025 Item #16D11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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. Wendy Klopf Community and Human 04/08/2025
Services
2. County Attorney County Attorney Office 1 4kim Li//
g/
3. BCC Office Board of County U
Commissioners �,S/ j A515/ c'rg/ZS
4. Minutes & Records Clerk of Court's Office ( ati
�1B �5
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 Wendy Klopf/CHS Phone Number 252-2901
Contact/ Department
Agenda Date Item was 04/08/2025 Agenda Item Number 16D 11
Approved by the BCC
Type of Document SHIP Habitat for Humanity Agreement Number of Original 1
Attached SHCON24-001 Documents Attached
PO number or account NA
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? WK
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
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 WK
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 NA
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 WK
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 WK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
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 04/08/2025 and all changes made WK N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the WK N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature.
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
16D11
Grant-SHIP FY 2024-2025
Agreement#: SHCON-24-001
Activity: SHIP New Construction
SPONSOR: Habitat for Humanity of
Collier County, Inc
CSFA#: 40.901
Total Award Amount: $2,325,000.00
UEI #: 40.901
FEIN: 59-1834379
Period of Performance: July 1,2023 to
June 30,2027
Fiscal Year End: June 30th
Monitoring End: September 30,2027
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC
Homebuyer New Construction Program
THIS AGREEMENT is made and entered into this ic:= day of !✓l arc , 2025, 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 of organization 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 Initiative Program is established in accordance with Section
420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and
WHEREAS,the COUNTY is a participant in the State Housing Initiatives Partnership Program
(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
amended by technical revision November 10, 2022 and amended by technical revision on July 23,2024,
Item#16D3 and technical revision January 28, 2025, Item#16D2; and
WHEREAS, the COUNTY and SPONSOR desire to provide new construction, in accordance
with this Agreement and the aforementioned Local Housing Assistance Plan; and
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WHEREAS, the COUNTY desires to engage 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
SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required as a
condition of the 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 Construction 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 associated
fees and permits, 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.
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 Statute 420.9071,and Chapter
67-37 of the Florida Administrative 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
SPONSOR will implement the Scope of Service summarized in Section 1.2 and Exhibit B of
this Agreement.
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1.2 SCOPE OF SERVICE
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 (Homebuyer New Construction Project Requirements), in accordance
with the terms and conditions of Requests for Applications,Homebuyer New Construction, State
Housing Initiatives Partnership Funding Cycle Fiscal Years 2024-2025, and SPONSOR's
Application dated February 12,2024.
1.3 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60)calendar days of the execution of this Agreement, SPONSOR must deliver
to CHS for approval a detailed project schedule for the completion of the project.
B. SPONSOR must submit the following resolutions and policies within sixty (60) days of
execution of this Agreement:
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy (COI) and related COI Forms
Procurement Policy
Sexual Harassment Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Language Assistance and Planning Policy (LAP)
Violence Against Women Act (VAWA) Policy
C. Annual SPONSOR Training-
[Sponsors with Prior Agreement(s) with COUNTY: 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 $2,325,000,00
units ($75,000.00 per unit)
Total State Funds $ 2,325,000.00
SPONSOR will accomplish the following checked project tasks:
I' ❑ Pay all closing costs related to property conveyance
• Habitat for Humanity of Collier County,Inc
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• Maintain beneficiary income certification documentation, and provide to COUNTY, as
requested
• Maintain Eligibility Documentation, and provide to COUNTY, as requested
• Provide Quarterly Reports on project progress
• Ensure attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
n Identify Lead Project Manager
Provide Site Design and Specifications
n Comply with Davis-Bacon Labor Standards and maintain supporting documentation
n Comply with Section 3 reporting requirements and maintain supporting documentation
n Provide weekly certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act(URA), if applicable
E 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
Pro ram 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 At time of Acquisition and
(Flood, Property, O&D) accordance with Exhibit A annually within 30 days after
renewal
Detailed Project Schedule Project Schedule Within 60 days of
Agreement execution
Project Plans and NA NA
Specifications
Progress Report Progress report, detailing Quarterly, on the 10t1' of the
accomplishments Exhibit D month, following the end of
calendar quarter and
continue to final report due
with last invoice
Annual Audit Monitoring Exhibit E Annually, within 60 days
Report after FY end
SPONSOR Financial and Audit report, Management Within 9 months for Single
Compliance Audit Letter, and Supporting Audit(otherwise 180 days)
Documentation after FY end.
D. Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
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Project Component 1: Exhibit C along with invoice and Monthly, by the 10th
Construction of new proof of payment as evidenced of the month
residential housing units by cancelled checks or bank following the month
statements, and any other of service.
documents as requested
1. Final Invoice for the unit
2. Certificate of occupancy
3. Floor Plan or Unit
specifications
4. Pictures during construction
and of finished housing unit
5. Fully executed Promissory •
Note and Mortgage to Collier
County
6. Invoices and canceled checks
totaling a minimum of$75,000
in construction related expenses
for each participating housing
unit
1.5 PERIOD OF PERFORMANCE
SPONSOR's services shall begin on July 1, 2023 and end on September 30, 2027. 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 SHIP eligible applicant. In any event, SPONSOR must complete all services required
hereunder prior to June 30, 2027. 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, following receipt of SPONSOR's written request
submitted no less than 20 days prior to agreement period of performance end date. Extensions
must be authorized, in writing, by formal letter to SPONSOR.
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1.6 AGREEMENT AMOUNT
The COUNTY agrees to make available Two Million Three Hundred Twenty-Five Thousand
Dollars and No cents ($2,325,000.00) for use by SPONSOR, during the term of the Agreement
(hereinafter, shall be referred to as the Funds).
Priority of Funds. The SPONSOR agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available. To the extent available, the
SPONSOR must disburse funds available from program income, rebates, refunds, contract •
settlements,audit recoveries,and interest earned on such funds before requesting additional cash •
payments. Such payments or reimbursements shall constitute full and complete payment by the
COUNTY under this Agreement. In no event shall the COUNTY's obligation to make payment
to SPONSOR hereunder exceed Two Million Three Hundred Twenty-Five Thousand Dollars
and No cents ($2,325,000.00).
Modifications to the Budget and Scope may only be made if approved,by COUNTY,in advance.
Budgeted Fund shifts among line items shall not be more than 10 percent of the total funding
amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the
Agreement amount shall only be made with Board of County Commissioners (Board) approval.
All services/activities specified in Part 1 Scope of Services shall be performed by SPONSOR or
•
its subcontractors who meet State requirements.
• The COUNTY shall reimburse SPONSOR for the performance of this Agreement upon
• completion or partial completion of the work tasks 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. SPONSOR
may expend Funds only for allowable costs resulting from obligations incurred during the term
of this Agreement. Allowable costs shall mean those necessary and proper costs identified in the
SPONSOR application and approved by the COUNTY unless any or all such costs are disallowed by the
State of Florida FHFC.Invoices for work performed are required every month. If no work has been
performed during the month, or if SPONSOR 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 SPONSOR when requested as work progresses, but
not more frequently than once per month. Reimbursement will not occur if SPONSOR fails to
perform the minimum level of service required by this Agreement.
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."
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.
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Withholding or Cancellation of Funds. The COUNTY reserves the right to withhold payments
pending timely delivery of program reports or documents as may be required under this
Agreement. SPONSOR agrees that funds determined by the COUNTY to be surplus upon
completion of the Project will be subject to cancellation by the COUNTY. The COUNTY shall
be relieved of any obligation for payments if funds allocated to the COUNTY cease to be
available for any cause other than misfeasance of the COUNTY itself. Payment may be
suspended by the COUNTY in the event of a default by SPONSOR.
1.7 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:Wendy Klopf, Grant Coordinator I
Collier County Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples, FL 34112
Email to: wendy.klopf@colliercountyfl.gov
Telephone: 239-252-2901
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
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PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SPONSOR shall submit to the COUNTY an Annual Audit
Monitoring report (Exhibit E) 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
• Subrecipients exempt from Single Audit) after SPONSOR's fiscal year end. The COUNTY will
conduct an annual financial and programmatic review.
SPONSOR must fully clear any deficiencies noted in audit reports within 30 days after its receipt
of the report. SPONSOR'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. SPONSOR
hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY
•
policy concerning Sponsor audits and if applicable, Florida Statutes section 215.97 (Florida
Single Audit Act).
Pursuant to Florida Statutes section 215.97 (Florida Single Audit Act), if 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.
SPONSOR shall ensure that the audit complies with the requirements of section 215.97(8),
Florida Statutes. This includes submission of a reporting package, as defined by section
215.97(2), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial
reporting package must be delivered to the COUNTY within 60 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 E to the Grant Coordinator.
If SPONSOR expends less than $750,000 in State awards in its fiscal year, it is not required to
conduct a Single Audit in accordance with the provisions of Section 215.97, Florida Statutes. In
addition, if SPONSOR expends less than $750,000 in State awards in its fiscal year and still
elects to conduct 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
SPONSOR shall maintain sufficient records in accordance with Florida Housing Finance
Corporation (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.
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B. The SPONSOR shall maintain real property inventory records which clearly identify SHIP
properties purchased, constructed, improved, or sold. Properties retained shall continue to
meet eligibility criteria.
C. SPONSOR shall create and maintain public records that ordinarily and necessarily would be
required by COUNTY in order to perform the service.
D. SPONSOR shall make available to the COUNTY or Cl-IS, at any time upon request, all
reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed,prepared,assembled,or completed by 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 Program Income. Program Income will be collected during payoffs
and recognized in the annual budget. These records shall be maintained to the extent of such
detail as will properly reflect all net costs, direct and indirect labor, materials, equipment,
supplies and services, and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Agreement.
E. 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 submission date of
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 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
is
in 2 CFR 200.337 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
f 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, IT
SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-
252-2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail East,
Naples, FL 34112.
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F. SPONSOR is responsible for the creation and maintenance of income eligible files on clients
served, and documentation that all households are eligible under FHFC Income Guidelines.
Income certification documentation will be validated at interim and closeout monitorings.
SPONSOR agrees that CHS shall be the final arbiter on SPONSOR's compliance.
G. SPONSOR shall document how it complied with the Program components, the applicable
regulations included in Exhibit B, and the eligibility requirement(s) under which Funding
was received. 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.
H. 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
public records disclosure requirements are not disclosed, except as authorized by 2 CFR
200.337 and 2 CFR 200.338
2.3 MONITORING
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. 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. SPONSOR shall allow CHS or FHFC to
monitor SPONSOR on site. Such site visits may be scheduled or unscheduled, as determined by
CHS or FHFC.
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, SPONSOR shall make available for review, inspection, or
audit all records, documentation, and any other data relating to all matters covered by the
Agreement.
COUNTY will monitor SPONSOR's performance to mitigate fraud, waste, abuse, or
nonperformance 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 Florida Statute 215.85. 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.
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2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SPONSOR shall establish, maintain, and utilize internal control systems and procedures
necessary 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. 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 this 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.
23 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.
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 CHS issuing Findings or Concerns to SPONSOR, which
requires SPONSOR to submit a corrective action plan to CHS within 10 business 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 SPONSOR,as needed,
in order to correct the noncompliance issue.
B. If SPONSOR fails to submit the corrective action plan in a timely manner, CHS may require
SPONSOR to return a portion of the awarded grant Funds to the COUNTY.
• CHS may require SPONSOR to return upwards of 5 percent of the award amount to
the COUNTY, at the discretion of the Board.
•
•
• The SPONSOR may be denied future consideration as set forth in Resolution No.
2013-228
•
•
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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 SPONSOR to return to the COUNTY a portion of the awarded grant amount, or the
amount of the investment for acquisition of the properties conveyed.
• CHS may require SPONSOR to return upwards of 10 percent of the award amount 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 SPONSOR continues to be substantially noncompliant, CHS
may recommend the Agreement or award be terminated.
• CHS will make a recommendation .to the Board to immediately terminate the
Agreement. 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 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. Reports showing
lack of project activity may result in the withholding of payment or issuance of a Notice of
Non-Compliance.
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, 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
D, 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 if
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.
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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. SPONSOR shall cause all provisions of this Agreement in its entirety to be included
in and made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SPONSOR agrees to comply with the requirements as outlined in Florida Statutes sections
420.907-420.9079 and Chapter 67-37 of the Florida Administrative Code. SPONSOR also agrees
to comply with all other applicable State and Local laws, regulations, and policies governing the
Funds provided under this Agreement.
SPONSOR is prohibited from using Funds provided herein, or personnel employed in the
administration of the program, for political activities, inherently religious activities, lobbying,
political patronage, and/or nepotism activities.
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. 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,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
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 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
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between COUNTY and FHFC governing FHFC Funds pertaining to this Agreement. In the event
of curtailment or non-production of said State Funds, the financial sources necessary to continue
to pay SPONSOR all or any portion of the Funds will not be available. In that event, the
COUNTY may terminate this Agreement, which 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, 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 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 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 SPONSOR shall constitute a Default under this Agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such
statutes, regulations, executive orders, and FHFC guidelines, policies, or directives as may
become applicable at any time
S. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper
manner
C. Ineffective or improper use of Funds provided under this Agreement
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect
E. Submission of any false certification
F. Failure to materially comply with any terms of this Agreement
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and 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
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B. Require the use of, or change in, professional property management
C. Require SPONSOR to immediately repay to the COUNTY all SHIP funds 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 SPONSOR 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, 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. 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 GRANTOR RECOGNITION/SPONSORSHIPS
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"
and shall appear in the same size letters or type as the SPONSOR's name. This design concept is
intended to disseminate key information to the general public regarding the development team
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as well as Equal Housing Opportunity. 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. SPONSOR shall furnish a
Certificate of Insurance naming Collier County as an additional insured with general liability
limits of at Ieast $1,000,000 per occurrence in accordance with Exhibit A.
3.10 PURCHASING
All purchasing for consumables,capital equipment,and services shall be made by purchase order
or written contract and in conformity and full compliance with the procedures prescribed by
applicable Florida Statutes (e.g., section 287.017) and the Collier County Purchasing Policy,
whichever is more stringent. Collier County Ordinance#2017-08 allows for contracting with not-
for-profits through the approved exemption.
Purchasing Threshold Policy
Dollar Range ($) 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
jj and State of Florida requirements. SPONSOR shall enter into contracts with the lowest,
responsible, and qualified bidder. Contract administration shall be managed by 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, 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
SPONSOR certifies that none of its officers or agents has been debarred from bidding,proposing,
or contracting for Federal, State, or Local government programs. SPONSOR assures that all its
subcontractors who will participate in activities, subject to this Agreement, are eligible and have
not been debarred.
3.12 GRANT CLOSEOUT PROCEDURES
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
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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 (Records and Documentation) of this Agreement, SPONSOR shall comply with section
119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict
between State and Federal records retention requirements will result in the more stringent law
being applied, such that the record must be held for the longer duration. SPONSOR must return
to the COUNTY any balance of unobligated Funds which have been advanced or paid.
SPONSOR must also return to the COUNTY any funds paid exceeding the amount to which the
SPONSOR is entitled under the terms and conditions of this Agreement. SPONSOR shall
produce records and information that comply with Florida Statutes section 215.97, the Florida
Single Audit Act.
3.13 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
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 SPONSOR in performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement. 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 hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rate of pay or other forms of compensation, and selection for training,
including apprenticeship. SPONSOR agrees to post notices setting forth the provisions of this
nondiscrimination clause in conspicuous places available to employees and applicants for
employment.
To the greatest extent feasible, lower-income residents of the project area shall be given
opportunities for training and employment; and 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. 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
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 that is 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 Black Americans, Hispanic Americans, Asian/Pacific
Americans,Native Americans,and Hasidic Jews. 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
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As defined by Florida Statutes sections 420.9071-420.9079 and the Collier County Local
Housing Assistance Plan (LHAP), 100 percent (100%) of the beneficiaries receiving SHIP
funding through this Agreement must meet the requirement to be at or below 120 percent(120%)
of the Area Median Income (AMI), as established by HUD. Additionally, the SHIP program
requires 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
SPONSOR agrees that it is committed to carrying 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. Prior to the award of Funds, SPONSOR shall submit a plan
for its Affirmative Action Program, if applicable, for COUNTY approval. If the Affirmative
Action Program is updated during the performance period of this Agreement, the updated plan
must be submitted to the COUNTY within 60 days of any update/modification.
3.17 PROHIBITED ACTIVITY
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
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. SPONSOR also covenants that is will not employ or
subcontract with any person having any conflict of interest. SPONSOR agree that it will comply
with all provisions of "Conflict of Interest," per Florida Statutes section 287.057 and any
additional State and County statutes, regulations, ordinances, or resolutions governing conflicts
of interest.
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.
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.
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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.
SPONSOR shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will riot 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 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 SPONSOR provides services to clients under this Agreement, SPONSOR and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect,
or exploitation of a child, aged person, or disabled person.
During the term of this Agreement, SPONSOR must report to the COUNTY in writing, within
one business day of occurrence, any substantial, controversial, or newsworthy incidents. The
Collier County Standard Sponsor Incident Report Form shall be used to report all such incidents.
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. SPONSOR warrants
•
that it has not, and will not, execute any other agreement with provisions contradictory to, or in
opposition to the provisions hereof, and that, in any event, the requirements of this Agreement
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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
determination shall not affect the validity or enforceability of any other section or part thereof.
3.23 MISCELLANEOUS
SPONSOR and COUNTY each binds itself, its partners, successors, legal representatives, and
assigns of such other party in respect to all covenants of this Agreement.
SPONSOR represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SPONSOR.
SPONSOR understands that client information collected under this Agreement is private and the
use or disclosure of such information, when not directly connected with the administration of the
COUNTY'S or SPONSOR's responsibilities with respect to services provided under this
Agreement, is prohibited unless written consent is obtained from such person receiving service
and, in case of a minor, that of a responsible parent/guardian.
SPONSOR certifies that it has the legal authority to receive the Funds under this Agreement and
its governing body has authorized the execution and acceptance of this Agreement. SPONSOR
also certifies that the undersigned person has the authority to legally execute and bind SPONSOR
to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the
State of Florida, without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders,
and guidelines, including but not limited to any applicable regulations issued by the COUNTY.
Electronic Signatures. This Agreement, and related documents entered into in connection with
this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any
other electronic medium. These signatures must be treated in all respects as having the same
force and effect as original written signatures.
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3.24 COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright or patent materials, 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.
3.25 WAIVER
The COUNTY'S failure to act with respect to a breach by SPONSOR does not waive its right to
act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce
any right or provision shall not constitute a waiver of such right or provision.
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PART IV
GENERAL PROVISIONS •
4.1 Sections 420.907-420.9079, Florida Statutes, and Rule 67-37 Florida Administrative Code as
amended- All the regulations regarding the SHIP program
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL;0400-
0499/0420/0420.html
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=67-37
4.2 Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing https://www.arehives.gov/federal-
register/codification/executive-order!11063.html
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968,
as amended https://www.hud.gov/programdescription/titie6
4.3 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:
https://www.do l.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item #8 below
• 4.4 In regard to the sale,lease,or other transfer of land acquired,cleared,or improved with assistance
provided under this Agreement, SPONSOR shall cause or require a covenant running with the
land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as
defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any
improvements erected or to be erected thereon, providing that the COUNTY and the United
States are beneficiaries of and entitled to enforce such covenants. SPONSOR, in undertaking its
obligation to carry out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so discriminate.
4.5 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. SPONSOR will, in all solicitations or advertisements for
employees placed by or on behalf of SPONSOR, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission
(eeoc.gov)
4.6 SPONSOR shall not assign or transfer any interest in this Agreement without the prior written
consent of the COUNTY thereto; provided, however, that claims for money due or to become
due to SPONSOR from CHS under this Agreement may be assigned to a bank, trust company,
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or other financial institution without such approval. Notice of any such assignment or transfer
shall be furnished promptly to CHS.
4.7 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
https://www.law,cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htm1
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.8 Immigration Reform and Control Act of 1986
S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986
Congress.gov f Library of Congress
4.9 Proof of Lawful Presence. SPONSOR acknowledges that the COUNTY's funds are a "public benefit."
As such, the SPONSOR shall ensure compliance by performing the required verifications. Specifically,
when required the SPONSOR shall ensure that:
a. If the public benefit provided by the funds flows directly to a natural person (i.e., not a corporation,
partnership,or other legally created entity) 18 years of age or older, he/she must do the following:
(i)complete an affidavit stating he/she is an alien lawfully present in the United States; or
(ii) attach a photocopy of the front and back of one of the following forms of identification: a
valid Florida driver's license or Florida identification card; a United States military card or
military dependent's identification card; a United States Coast Guard Merchant Mariner
identification card; or a Native American tribal document.
b. If an individual applying for the benefits identified herein executes the affidavit stating that he/she is
an alien lawfully present in the United States, SPONSOR shall verify his/her lawful presence through
the federal systematic alien verification or entitlement program, known as the "SAVE Program,"
operated by the U.S. Department of Homeland Security or a successor program designated by said
department. In the event SPONSOR determines through such verification process that the individual is
not an alien lawfully present in the United States, the SPONSOR shall not provide benefits to such
individual with the COUNTY's funds.
4.10 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: hops://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.11 The Americans with Disabilities Act of 1990:
https://www.hug.gov/program offices/fair housing equal opp
Americans with Disabilities Act of 1990, As Amended ! ADA.gov
4.12 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context, except when specifically authorized. SPONSOR agrees to
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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.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more
details.
4.13 False Claim; Criminal, or Civil Violation: SPONSOR 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
4.14 Political Activities Prohibited: None of the Funds 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.
4.15 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 employee, as set forth in Chapter 112, Part III,Florida Statutes,Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35 137
4.16 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 that 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.
4.17 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).
4.18 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 SPONSOR with full decision-making 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 parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit
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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 section
44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in •
Collier County, Florida, if in state court; and the US District Court,Middle District of Florida, if
in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SPONSOR 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.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.19 As provided in § 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 § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&U
RL=0200-0299/0287/Sections/0287.133.html
4.20 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all
Florida private employers are required to verify employment eligibility for all new hires
beginning January 1, 2021, Eligibility determination is not required for continuing employees
hired prior to January 1, 2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify (www.e-verify.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses
E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative
Non-confirmation" or a "Final Non-confirmation") to confirm employment eligibility for each
hiring for a position in the United States that is or will be funded(in whole or in part)with award
funds.
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit
the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-
Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov.
4.21 Florida Statutes section 713.20, Part 1, Construction Liens
Statutes&Constitution :View Statutes : Online Sunshine (state.fl.us)
4.22 Florida Statutes section 119.021 Records Retention
Statutes & Constitution: View Statutes: Online Sunshine(state.fl.us)
4.23 Florida Statutes section 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119,071.html
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ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and
SPONSOR for the use of Funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written between
COUNTY and SPONSOR with respect to this Agreement.
Signature Page to Follow
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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
` COMMISSIONERSCOLLIER COUNTY,
FLORIDA
, Depu ler
By:
Dated: % UN1AIRPERSON
.(SE L)
Attest-as ford-lailoir. ;;';i
signature only Date: 4 1415
AS TO SUBRECIPIENT:
i WITNESSES:
HABITAT FOR HUMANITY OF COLLIER
COUNTY,.NC.
Witnes' #1 Signature
C7-1 gir�Zc B p /(/6
Witn ss#1 Printed Name REV. ISA B. LEFKOW, 'E
IIi1(S alc6/71 r /( I, Ti
Witness#1 Physical Address v3(///?_.- Date: ' I I / Z0 i
[Please provide evidence of signing authority]
Witness#2 Signature
Witness#2 Printed Name
i 1 I q ; ..--1 (3,-rr\A,Ct rv. ; T
Witness#2 Physical Address
Approv: s to . . legality:
fil int
Jeffrey 4 tat ON.
Collier Ii�runty ttorney
Date:
r
I-labitat for humanity of Collier County,Inc
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EXHIBIT A
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, do Community and Human Services Division, 3339
Tamiami Trail East, Suite 213, 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
is 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).
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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.
•
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EXHIBIT B
NEW CONSTRUCTION ASSISTANCE PROJECT REQUIREMENTS
The Project is to be developed as affordable residential housing, in accordance with the State Housing
Initiative Program(SHIP),and the Collier County Local Housing Assistance Program(LHAP)FY 2022-
2025. SPONSOR shall perform the following activity under this Agreement:
a) New Construction: 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. 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:
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 an eligible SHIP applicant referred by CI-IS,on or before
June 30, 2027.
c) Assurance of Public Purpose: SPONSOR covenants that if it is unable or unwilling to sell the
property in accordance with the terms and conditions incorporated herein, 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: 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. SPONSOR shall use affirmative
fair housing marketing practices in soliciting homebuyers, concluding transactions, and
affirmatively furthering fair housing efforts. SPONSOR must maintain documentation to
support 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. 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. 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
SPONSOR and/or owner to affirmatively market units and records to assess the results of
these actions.
e) Project Requirements: SPONSOR agrees not to undertake any activity that may adversely
affect historic or environmental sensitivity of the site; and to mitigate any findings identified
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in an environmental assessment. 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.
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 November,2019
Property(ies) Under Conditional Contract November,2024
Construction Commencement June, 2023
Certificate of Occupancy Issued for all Newly October, 2024
Constructed Housing Units
Project Completion Date June, 2027
Further, "project completion date" will mean issuance of all certificates of occupancy and
completion of sale to referred households.
i} Property Standards: 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. Pay Request Form (Exhibit C)
2. Final Invoice
3. Certificate of occupancy
4. Floor Plan and unit specifications
5. Construction Contract
6. Change Orders
7. Sponsor Notice to Proceed
8. Pictures before and during construction, and of finished housing unit
9. Fully executed SHIP Note and Mortgage to Collier County
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10. Cancelled checks totaling a minimum of $75,000.00 in construction/development
related expenses for each housing unit assisted.
i) Program Set-Asides
A. A minimum of 30 percent(30%) of the funds must assist very low-income households at
or below 50 percent(50%)area median income(AMI). Furthermore,the remaining funds
must assist very low- and/or low-income households at or below 80 percent(80%) AMI.
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 nine (9)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 at §420.0004 Florida Statutes. Section 420.9075(5)of the SHIP Statutes
addresses the special needs set-aside.
A minimum of six (6)units for households identified as Special Needs per SHIP Statutes.
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EXHIBIT C
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SPONSOR Name: Habitat for Humanity of Collier County, Inc.
SPONSOR Address: 11145 Tam iami Trail East,Naples FL 34113
Project Name: New Construction Assistance
Project No: SHCON 24-001_ Payment Request#
Total Payment Minus Retainage $0.00
Period of Availability: Julyl,2023 _through June 30,2027
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 XLV1 Chapter 837, Section 837-06),
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$14,999 and below) Division Director(Approval Required$15,000
and above)
Habitat for Humanity of Collier County,Inc
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EXHIBIT D
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the 10`h of the
following quarterly month.
Status Report for the Quarter Ending: Submittal Date:
Project Name: New Construction Assistance
Project Number; SHCON 24-001
SPONSOR Name: Habitat for Humanity of Collier County, Inc.
Contact Person TBD
Telephone: 239-775-0036 Fax: Email:
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 Contracts executed this period _
Name of Contractor Address Amount of Contract _
Income Date
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
Habitat for Humanity of Collier County,Inc
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
If SUBRECIPIENT expends $750,000 or more in State financial assistance during its fiscal year, it must have
a State Single or Project Specific audit conducted in accordance with Section 215.97, Florida Statutes;
applicable rules of the Department of Financial Services; and Chapters '10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), and Rules of the Auditor General. If SUBRECIPIENT
expends less than $750,000 in State financial assistance during its fiscal year, it shall provide certification to
the COUNTY that single audit was not required. In determining State financial assistance expended,
SUBRECIPIENT must consider all sources of State financial assistance, including assistance received from
Department of Children &Families, other State agencies, and other nonstate entities. This form may be used
to monitor Florida Single Audit Act (Florida Statutes Section 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total State Financial Assistance Expended $
during most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The state expenditure threshold for our fiscal year ending as indicated above has been met
❑ and a Single Audit as required by Section 215.97, Florida Statutes 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 Section 215.97, Florida Statutes because we:
❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ 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.
— 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:
07/24/24
Habitat for Humanity of Collier County,Inc
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COLLIER COUNTY COMMUNITY&HUMAN SERVICES
NEVER CONTRACT WITH THE ENEMY CERTIFICATION
SUBRECIPIENT Name: Habitat for Humanity of Collier County, Inc.
SUBRECIPIENT Address: 11145 Tamiami Trail E Naples Fl 34113
Project Name: New Construction Assistance
Project No: SHCON FY24-25
In accordance with 2 CFR Part 183 and 2 CFR 200.15, SUBRECIPIENT shall exercise due diligence to
ensure that no funds, including supplies and services,received under this Agreement are provided directly
or indirectly (including through subawards or contracts)to a person or entity who is actively opposing the
United States or coalition forces involved in a contingency operation in which members of the Armed
Forces are actively engaged in hostilities,which must be completed through 2 CFR 180.300 prior to issuing
a subaward or contract.
SUBRECIPIENT shall terminate or void, in whole or in part, any subaward or contract with a person or
entity listed in the System for Award Management(SAM.gov)as a prohibited or restricted source pursuant
to subtitle E of the Title VIII of the NDAA for FY 2015,unless the Federal agency provides written approval
to continue the subaward or contract.
The COUNTY and/or Federal agency has the authority to terminate or void this Agreement,in whole or in
part, in the COUNTY or Federal agency becomes aware that SUBRECIPIENT has failed to exercise due
diligence as required above or if the COUNTY or Federal agency becomes aware of any funds received
under this Agreement have been provided directly or indirectly to a person or entity who is actively
opposing coalition forces involved in a contingency operation in which members of the Armed Forces are
actively engaged in hostilities.
I certify that Habitat for Humanity of Collier County,Inc. will not contract or subcontract with any person or
entity that is actively opposing the United States or which the Armed Forces are actively engaged in
hostilities.
Name:
Rev. isa B. Lefkow
Signature.
Title: CEO
Your typed name here represents your electronic signature
16D11
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
WHISTLEBLOWER PROTECTIONS CERTIFICATION
SUBRECIPIENT Name: Habitat for Humanity of Collier County, Inc
SUBRECIPIENT Address: 11145 Tamiami Trail E Naples,Fl 34113
Project Name: New Construction Assistance
Project No: SHCON FY24-25
In accordance with 41 U.S.C. § 4712, SUBRECIPIENT may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided
below,information that the employee reasonably believes is evidence of gross mismanagement of a federal
contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grants,
a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related
to a federal contract(including the competition for or negotiation of a contract)or grant.
The list of persons and entities referenced in the paragraph above includes the following:
• A member of Congress or a representative of a committee of Congress
• An Inspector General
• The Government Accountability Office
• A Treasury employee responsible for contract or grant oversight or management
• An authorized official of the Department of Justice or other law enforcement agency
• A court or grand jury
• A management official or other employee of SUBRECIPIENT, contractor, or subcontractor who
has the responsibility to investigate,discover,or address misconduct
SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided
under section 41 U.S.C. §4712, in the predominant native language of the workforce.
I certify that Habitat for Humanity of Collier County, Inc will comply with all Whistleblower
rights and protections for its employees.
Name: Jk0�
Signatur
Title: C E O
Your typed name here represents your electronic signature
16D11
AFFIDAVIT REGARDING LABOR AND SERVICES
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes,when a contract is executed, renewed, or extended
between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the
governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under
penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.
Nongovernmental Entity's Name: Habitat for Humanity of Collier County, Inc.
Address: 11145 Tamiami Trail East, Naples, FL 34113
Phone Number: 239-775-0036
Authorized Representative's Name: Rev. Lisa B Lefkow
Authorized Representative's Title: CEO
Email Address: Ilefkow@habitatcollier.org
Project Name: SHIP New Construction
Project Number SHCON-24-001
AFFIDAVIT
I Rev.Lisa B Lefkow (Name of Authorized Representative),as authorized representative attest
that Habitat for Humanity of Collier County,Inc. (Name of Nongovernmental Entity)does not use coercion for labor or
services as defined in§787.06, Florida Statutes.
tine - penalty of perjury, declare that I have read the foregoing Affidavit and that the facts stated in it are true.
i. L..:. 0?) /13 .2-0 Z S
'gna ure of authorized -.resentative) Date
STATE OF ri�a,-
COUNTY OF CCU ‘/ E(
Sworn to(or a ' ed)and subscribe before me,b eans of 2/physical presence or❑online notarization this
7 day of Ii 20') ' by�/5G n )../�u.'(Name of Affiant),who produced their
as identification or ar personally known to me.
ry Public(not required when digital) `�,�.o,MP�ALIB.....
• • , pg• Y PUBI�c.
Norma Laiiberfe _ .�
Commission Expires MY COMMISSION
EXPIRES 8 29-2026
) :..,,E
Personally Known [ ''OR Produced Identification❑ '-co% 6> O�O�'
Type of Identification Produced: °''%SS.ON• NUt `��`\
CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1
1 60 1 1
COLLIER COUNTY COMMUNITY&HUMAN SERVICES STAFF
WHISTLEBLOWER PROTECTIONS CERTIFICATION
Employee Name: Wendy Klopf
In accordance with 2 CFR 200.217 and 41 U.S.C. §4712,Collier County Community and Human Services
(CHS)may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing
to any of the list of persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse
of authority relating to a federal contract or grants, a substantial and specific danger to public health or
safety, or a violation of law, rule, or regulation related to a federal contract(including the competition for
or negotiation of a contract)or grant.
The list of persons and entities referenced in the paragraph above includes the following:
• A member of Congress or a representative of a committee of Congress
• An Inspector General
• The Government Accountability Office
• A Treasury employee responsible for contract or grant oversight or management
• An authorized official of the Department of Justice or other law enforcement agency
• A court or grand jury
• A management official or other employee of SUBRECIPIENT, contractor, or subcontractor who
has the responsibility to investigate,discover, or address misconduct
CHS shall inform its employees in writing of whistleblower rights and remedies provided under section
41 U.S.C. §4712,in the predominant native language of the workforce.
I certify that I have reviewed and understand my Whistleblower rights and remedies as provided
above.
Wendy Klopf
Name:
opf w
Signature:
k I O 1 " " Digitally signed Date:2025 03.27y1 S 24:43
04'
Grants Coordinator I
Title:
Your typed name here represents your electronic signature