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Backup Documents 12/09/2025 Item #16D 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 12.09.2025 tkil 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. Adrienne Meijer Community and Human AM 11/20/2025 Services 2. County Attorney Office—Jeffrey A. County Attorney Office Klatzkow "Sitkig 3. BCC Office Board of County Commissioners 155031 l L/� 4. Minutes and Records Clerk of Court's Office Pt; 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 Adrienne Meijer Phone Number 239-252-5229 Contact/ Dept lment Agenda Date Item was Agenda Item Number 16.D. Approved by the BCC Type of Document SHIP NEW CONSTRUCTION ASSISTANCE Number of Original Three(3) Attached AGREEMENT WITH HABITAT FOR Documents Attached HUMANITY OF COLLIER COUNTY,INC. PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK AM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 Yes 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 N/A 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 N/A 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 YES signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 above date and all changes made during � N/A is not the meeting have been incorporated in the attached document. The County �pXlrs'J 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 l N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the '9 4 an option for Chairman's signature. this line. 16D8 Grant-SHIP FY 2025-2026 Agreement No.: SHCON25-001 Activity: SHIP New Construction SPONSOR: Habitat for Humanity of Collier County, Inc. CSFA#: 40.901 Total Award Amount: S1,200,000.00 UEI#: MLUZYT83P4Z9 FEIN: 59-1834379 Period of Performance: July 1, 2025, to May 31,2028 Fiscal Year End: June 30th J AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Homebuyer New Construction Program THIS AGREEMENT is made and entered into this � h day of bete4er , 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 private not-for-profit or other type of organization/corporation existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, FL 34113. WHEREAS,the William E. Sadowski Affordable Housing Act adopted by the State of Florida in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State Housing Initiatives Partnership(SI IIP)Program; and WHEREAS, the State Housing Initiative Program is established in accordance with Florida Statutes Chapter 420, Section 420.907-9079 F. S.,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 2025-2028 Local Housing Assistance Plan (LHAP), as amended. was adopted by the Board of County Commissioners on April 8, 2025, Item #16.D.10, Resolution No. 2025-73 and amended by technical revision adopted May 27,2025,Item#16.D .6, Resolution No. 2025- 109; and WHEREAS, the COUNTY and SPONSOR desire to provide new construction, in accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and Habitat for Humanity of Collier County.Inc. SHCON-25-001 Page I New Construction Assistance 0 1608 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 intill 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 Chapter 420. Section 420.9071 F.S., 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, Florida Statue Chapter 420, Section 420.9071 F.S., and Chapter 67-37 of the Florida Administrative Code. and any amendments thereto(also referred to as the SKIP 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. Habitat for Humanity of Collier County,Inc. SHCON-25-OOI Page 2 New Construction Assistance 1.2 SCOPE OF SERVICE 1 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 2025-2026, and SPONSOR's Application dated February 21, 2025. 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 policies and procedures within sixty (60) days of execution of this Agreement: Fair Housing Policy Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy(COI) and related COI Forms Affidavit Regarding Labor and Services (Trafficking) Form Procurement Policy ►1 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 - 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 Grants 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 $ 1,200,000.00 units ($100,000.00 per unit) Total State Funds S 1,200,000.00 SPONSOR will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance Habitat for Humanity of Collier County.Inc. SHCON-25-001 Page 3 New Construction Assistance CA � 6 U3 • Maintain beneficiary income certification documentation,using Exhibit I),as amended or CI IS Director-approved presumed benefit documentation. and provide to the 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 CI IS ❑ Provide monthly construction and rehabilitation progress reports until completion of _ construction or rehabilitation Identify Lead Project Manager (� Provide Site Design and Specifications 0 Ensure applicable numbers of units arc Section 504/AI)A accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components, as detailed in Exhibit 13. C. Performance Deliverables Program Deliverable Supporting Documentation Submission Schedule Special Grant Policies Policies as stated in this Within 60 days of (Section 1.3 B) Agreement A reement 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 Due quarterly on the loth accomplishments Exhibit D day of the month following the end of each calendar quarter and will continue until the final report is submitted with the last invoice. Annual Audit Monitoring Exhibit E Annually, within 60 days Report after FY end SPONSOR Financial and Audit report, Management Annually: Within 9 months Compliance Audit Letter, and Supporting after FY end for Single Documentation Audit. Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of the Conflict of Interest Disclosure Agreement for all employees Form who work on activities associated with the grant and upon hiring of all new employees who will work on Habitat for Humanity of Collier County,Inc SHCON-25.00I Page 4 Ne%Construction Assistance C 1608 Program Deliverable Supporting Documentation Submission Schedule activities associated with the _grant. Whistleblower Certification Exhibit H Within 90 days of -Organization Agreement execution Whistleblower Protections Exhibit H-1 Upon execution of the Certification - Staff Agreement fix all employees who work on activities associated with the grant,and upon hiring of all new employees who work on activities associated with the _grant. Affidavit Regarding Labor Affida%it upon Agreement execution. and Services (Trafficking) * SPONSOR's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. Payment Deliverables Pa\Hunt Deliverable Payment Supporting Submission Schedule Documentation 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 I. Final Invoice for the unit 2. Certificate of Occupancy 3. Pictures during construction and of finished housing unit 4. Fully executed Promissory Note and Mortgage to Collier County 1.5 PERIOD OF PERFORMANCE SPONSOR's services shall begin on July 1, 2025. and end on May 31, 2028. This Agreement must remain in effect throughout the development process of the Project and is terminated upon completion of construction,and sale of all SHIP-assisted units. The Project allows for pre-award development/construction costs if incurred prior to the commencement of the Period of Performance. In any event, SPONSOR must complete all services required hereunder prior to I labitat for Humanity of Collier County,Inc. SHCON-25-00I Page 5 New Construction Assistance 16U8 May 31. 2028. 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. 1.6 AGREEMENT AMOUNT The COUNTY agrees to make available ONE MILLION TWO HUNDRED THOUSAND DOLLARS and ZERO CENTS (S1,200,000.00) 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 ONE MILLION TWO HUNDRED THOUSAND DOLLARS and "ZERO CENTS (S1,200,000.00). Modification to the Budget and Scope may only be made if approved in advance. Cumulative Fund shifts among line items may be appro‘ed administratively by CHS Director or designee for a total of up to 10 percent (10%)of the total funding agreement and shall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall require formal amendment and approval by the Board of County Commissioners (Board). All services/activities specified in Part 1 Scope of Services shall he 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 • Habitat for Humanity of Collier County.Inc SHCON-25-001 Page 6 New Construction Assistance t'A 16D8 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 CI IS. Except where disputed for noncompliance. payment will be made upon receipt of a properly completed invoice,and in compliance with Section 218.70-218.80, 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. 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 he relieved of any obligation for payments if funds allocated to the COUNTY cease to he available for any cause other than misfeasance of the COUNTY itsel f. 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 he 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: Adrienne Meijer, Grants Coordinator I Collier County Community and Human Services Division 3339 Tamiami Trail East. Suite 213 Naples, FL 34112 Email to: Adrienne.meijer@collier.gov Telephone: 239-252-5229 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 ATTENTION: Norna Laliberte, Director of I Iomeowner Services Habitat for Humanity of Collier County. Inc. 11145 Tamiami Trail East Naples, FL 34113 Email: nlaliberte@habitatcollier.org Telephone: 239-775-0036 Habitat for I lumanity of Collier County.Inc. SHCON-25-00I Paec New Construction Assistance CA( 1 6 D 8 ATTENTION: David Tenenbaum. Controller Habitat for Humanity of Collier County, Inc. 11145 Tamiami "Frail East Naples, FL 34113 Email: dtenenbaumg;habitatcollier.org Telephone: 2 3 ti-775-0036 Remainder of l'age Intentionally Left Blank Habitat for I lumanity of Collier County,Inc. SHCON-25-001 Page 8 New Construction Assistance c.Aa i6 PART I1 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 ANI) 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. Habitat for Humanity of Collier County.Inc SHCON-25-00l Page 9 New Construction Assistance CA 1608 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 CIIS, 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 he 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 he 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 he 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 he kept. as outlined 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 exempt from public records disclosure requirements. All records stored electronically must he provided to the COUNTY in a format compatible with the COUN'I'Y'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 239-252-5837, Angel.Bates(cr�collier.gov, 3299 Tarniami 'frail East, Naples, FL 34112. Habitat for humanity of Collier Count),Inc. SHCON-25-001 Page lii New Construction Assistance 1 •6 D 8 F. SPONSOR is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under FIIFC Income Guidelines. Income certification documentation will be reviewed 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 13. including income certification, and written agreements with beneficiaries. where applicable. H. SPONSOR shall take reasonable cybersecurity and other measures to safeguard infbrmation including protected personally identifiable information (PII) and other types of information in accordance with 2 CFR 200.303(e). This includes information that FHFC or the COUNTY designates as sensitive, or other information the COUNTY considers sensitive and is consistent with applicable Federal. State.and Local laws regarding privacy and responsibility over confidentiality. I. SPONSOR shall allow public access to all documents, papers, letters,or other public records as defined in § 1 19.01 1(12), F.S.. made or received by SPONSOR in conjunction with this Agreement except that public records that are made confidential by law must be protected from disclosure. Should the SPONSOR fail to comply with this provision the COUNTY may unilaterally terminate this Agreement. As required b) § 1 19-0701, F.S., to the extent the SPONSOR is acting on behalf' of the COUNTY, the SPONSOR shall: • Maintain public records that ordinarily and necessarily would be required by the COUNTY to perform the service. • Upon request from the COUNTY'S custodian of public records, provide to the COUNTY a copy of requested records or allow the records inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.. or as otherwise provided by law. • Ensure public records exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law during this Agreement term and following completion of this Agreement if the SPONSOR does not transfer the records to the COUNTY. 2.3 MONITORING SPONSOR agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation, as determined necessary. At the COUNTY's discretion, a desktop review of the Habitat for Humanity of Collier Count},Inc. SHCON-25-001 Page I I New Construction Assistance (:A 6 Q 8 activities may he 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 FUIFC 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 b} the COUNTY. will constitute noncompliance with this Agreement. If SPONSOR does not take corrective action within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SPONSOR agrees to provide FHFC, the Florida Office of Inspector General, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SPONSOR shall establish, maintain. and utilize internal 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. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. 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: Habitat for I lumanity of Collier County.inc. SHCON-25-001 Page 12 New Construction Assistance '.A( 16D8 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 he denied future consideration as set forth in Resolution No. 2013-228 C. if SPONSOR remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of its substantial noncompliance by certified mail. CHS may require 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 he 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 Habitat for I lumanity of Collier County,Inc. SI ICON-25-W I Page 13 Ness Construction Assistance 16 8 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 ofJanuary. 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 I), which contains a 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. Remainder of Page Intentionally Left Blank Habitat for Humanity of Collier County,Inc. SI ICON-25-00 1 Page 14 New Construction Assistance CM PART III 1 6 11 8 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 he at the COUNTY's sole discretion and judgment. SPONSOR shall cause all provisions of this Agreement in its entirety to he 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 Chapter 420, Sections 420.907-420.9079 F.S., 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.arc 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 FIIFC provided SHIP grant funds and must he implemented in full compliance with all SI lIP rules and regulations and any agreement Habitat for Humanity of Collier County.Inc. SHCON-25-001 Page 15 New Construction Assistance E-A• 16D8 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 he 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 B. 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 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 !labile'for Humanity of Collier County,Inc. 5HCON-25-001 Page 16 Neu Construction Assistance 16 D8 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/SPONSORS iiiPS 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" The statement 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 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 least $1,000,000 per occurrence in accordance with Exhibit A. Habitat for I lumantty of Collier County.Inc. SIICON•25-001 Page 17 New Construction Assistance 1 6 O 3.10 PURCHASING All purchases 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#2025-34 allows for contracting with not- for-profits through the approved exemption. Collier County Purchasing Thresholds Range: Competition Required { $0 - $10,000 Single Quote _ $10,001 - $50,000 3 Quotes in writing or through COUNTY's bidding platform $50,001 - $250,000 3 Quotes through COUNTY'S bidding platform $250,001+ Formal Solicitation (1TA, RFP, etc.) All improvements specified in Part I Scope of Work. shall be performed by SPONSOR employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and State of Florida requirements. SPONSOR shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall he managed by SPONSOR and monitored by CI IS, which shall have access to all records and documents related to the Project. It is expressly understood and agreed that any articles that are the subject of. or required to carry out this Agreement shall be purchased from the corporation identified under Chapter 946, F.S., • in the same manner and under the same procedures set forth in §946.515(2)and (4). F.S.; and for the purposes of this Agreement the SPONSOR shall he deemed to be substituted for the COUNTY insofar as dealings with such corporation are concerned. Purchases by Other Agencies. The Department of Management Services may approve this Agreement as an alternate contract source pursuant to Rule 60A-1.045, F.A.C, if requested by another agency. Other State agencies may purchase from the resulting contract, provided the Department of Management Services has determined this Agreement's use is cost-effective and in the best interest of the State. Upon such approval. SPONSOR may sell these commodities or services to additional agencies, upon the terms and conditions contained herein. Recycled Products. The SPONSOR shall procure any recycled products or materials, which are subject of or are required to carry out this Agreement, in accordance with §403.7065, F.S. 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. I lanai for Humanity of Collier County.Inc SHCON-25-OOI Page IR New Construction Assistance CA 1 6 D 8 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. SPONSOR may close out the project with the COUNTY after the activities during this closeout period are completed. Activities during this closeout period shall include, but are not limited to making final payments. disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY),closeout monitoring,and determining the custodianship of records. In addition to the records retention outlined in Section 2.2 (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. Habitat for Humanity of Collier County,Inc. SHCON-25-001 Page 19 New Construction Assistance Cyl 11108 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, I lispanic 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 As defined by Florida Statutes Chapter 420, 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 he at or below 120 percent(120%) of the Area Median Income (AMI), as established by HUD. Additionally, the SI IIP 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 PROII1131TED 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 Habitat for Humanity of Collier County.Inc. SHCON-25.00I Page 20 New Construction Assistance CA 16 8 of interest. All SPONSOR employees who work on activities associated with this Agreement shall complete the Subrecipient/DeveloperNendor Conflict of Interest Disclosure Form prior to execution of this Agreement. Any employees hired later during the period of performance for this Agreement who will work on activities associated with this Agreement shall also complete and submit to the COUNTY the Conflict of Interest Disclosure Form. 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. 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 not limit or give preference in employment to persons based on religion. R. 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. U. 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 SI TIP funded religious congregation uses as its principal place of worship. however, are ineligible for SHIP funded improvements. I labitat for Humanity of Collier County,Inc. S11CON-25-001 Page 21 New Construction Assistance ib 13 �? 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 Incident Report Form(Exhibit G) 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 he 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 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 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. 3.23 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. 3.24 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. Habitat for Humanity of Collier County,Inc. SHCON-25-001 Page 22 New Construction Assistance 16 8 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 hind 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. 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. 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. 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. Remainder ttf Page Intentionally Left Blank • Habitat for Humanity of Collier County.Inc. SHCON-25-001 Page 23 New Construction Assistance sCA 16138 PART IV GENERAL PROVISIONS 4.1 Florida Statutes Chapter 420, Sections 420.907-420.9079 F.S., 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=DisplayStatute&URL=0400- 0499/0420/0420.html https://www.11rules.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.archives.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 Ilousing under E.O. https://www.law.comell.cdukfiltext/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/title6 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. [ O 11246: https://www.dol.gov/agencies/ofccp/executi ve-order-1 1246/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 I 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 CIIS under this Agreement may he assigned to a bank. trust company. Habitat for Humanity of Collier County,Inc SI ICON-25-001 Page 24 Ness Construction Assistance CAC or other financial institution without such approval. Notice of any such assignment or transfer shall he 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/1 1478.html 12107: https://w ww.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/Federal-register/codification/executive-order/12086.httnl 4.8 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 Congress.gov ► Library of Congress 4.9 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: https:/'law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.taw.cornell.edu/cfr/text/24/570.614 4.10 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 1 ADA.gov 4.11 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 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://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.12 False Claim; Criminal, or Civil Violation: SPONSOR must promptly refer to COUNTY any credible evidence that a principal, employee, agent. contractor, suhgrantee, 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 4.13 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. 4.14 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 Habitat for Humanity of Collier County,Inc. SHCON-25-001 Page 25 New Construction Assistance 1608 COUNTY employee. as set forth in Chapter 112, Part 11I. 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/llorida statutes chapter 112 Tart iii Collier County- ! http://www.colliergov.net/home/showdocument?id=35137 4.15 2 CFR 200.15 Never contract with the enemy. Federal agencies, recipients, and subrecipients are subject to the guidance implementing Never Contract with the Enemy in 2 CFR part 183. https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.215 https://w'cvw.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-183 4.16 Foreign Countries of Concern Prohibition. it the SPONSOR has access to an individual's Personal Identifying Information as defined in Rule 60A-1.020. F.A.C. and §501.171. F.S., the SPONSOR and/or its subcontractors must complete an attestation (PUR 1355) as required by §287.138, F.S. and Rule 60A-1.020, F.A.C. A violation by the SPONSOR or subcontractor shall he grounds for consequences as provided in §287.138, F.S. Extensions and renewals are subject to the requirement of§287.138. F.S. 4.17 Sudan. Iran. Cuba. Syria, and Israel Certifications. Where applicable. in compliance with §287.I35(5). F.S., the SPONSOR certifies that SPONSOR is not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, and it does not have business operations in Cuba or Syria. and is not participating in a boycott of Israel. 4.18 Trafficking in Persons: The SPONSOR agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SPONSOR and any employees of the SPONSOR. The details of the SPONSOR'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. eCFR :: Appendix A to Part 175. Title 2 -- Award Term Pursuant to Florida Statues 787.06, SPONSOR attests that it does not use coercion for labor or services. SPONSOR shall provide an affidavit, under penalty of perjury. signed by an officer or representative of the organization attesting that it does not use coercion for labor services. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0787/Sect iuns/0787.06.html 4.19 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 Habitat for Humanity of Collier County.Inc SHCON-25-00t Page 2( New Construction Assistance 16D8 shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.20 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. 4.21 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 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. hups://www.fisenate.gov/Laws/Statutes/2012/44.102 4.22 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 4.23 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 SPONSOR 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. I Iabitat for Humanity of Collier County.Inc SHCON•25-OOI Page 27 New Construction Assistance 0 1608 Questions about F-Verify should be directed to DHS. For more information about E-Verily 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 F-VerifyEmployerAgent@dhs.gov. 4.24 Unauthorized Aliens shall not be employed. Employment of unauthorized aliens shall be cause of unilateral cancellation of this Agreement by the COUNTY for violation of §274A of the Immigration and Nationality Act. The SPONSOR and its subcontractors will enroll in and use the E-Verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and its subcontractors' employees performing under this Agreement. Employees assigned to this Agreement means all persons employed or assigned (including subcontractors) by SPONSOR or a subcontractor during the term of this Agreement to perform work pursuant to this Agreement within the United Sates and its territories. SPONSOR represents and warrants that no part of the funding under this Agreement will be used in violation of any federal or state law, including but not limited to, 8 U.S.0 §1324 or 8 U.S.C. §1325, or to aid or abet another in violating federal or state law. The COUNTY may terminate this Agreement at any time if SPONSOR violates, or aids or abets another in violating any state or federal law. 4.25 Florida Statutes section 713.20, Part 1, Construction Liens Statutes& Constitution :View Statutes : Online Sunshine (state.tl.us) 4.26 Florida Statutes section 119.021 Records Retention Statutes& Constitution: View Statutes: Online Sunshine(state.fl.us) 4.27 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 4.28 Whistleblower Protections: a. In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712. the SPONSOR may not discharge. demote,or otherwise discriminate against an employee in reprisal for disclosing to ally 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 grant, 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. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or I labitat for I iumanity of Collier County,Inc. SHCON-25-001 Page 28 New Construction Assistance 1.608 vii.A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. The SPONSOR shall inform its employees in writing of whistleblower rights and remedies provided under 2 CFR 200.217 and 41 U.S.C. k 4712, in the predominant native language of the workforce. https://uscode.house.gov/view.xhtml?req=(title:4I%20section:47I 2%20edition:prelim) All SPONSOR employees directly involved with activities associated with this Agreement shall complete and submit to the COUNTY the Collier County Whistleblower Protections Certification form (Exhibit II) prior to execution of this Agreement. Any new employees hired during the period of performance of this Agreement shall also complete and submit the form to the COUNTY. 4.29 Executive Compensation. In accordance with *216.1366, F.S., for any contract or agreement for services executed, amended, or extended on or after July 1. 2023. with a nonprofit organization as defined in 215.97(2)(m), the Agreement must require the SPONSOR or contractor to provide documentation that indicates the amount of state funds: • Allocated to he used during the full term of the contract for remuneration to any member of the Board of Directors or an officer of the SPONSOR. • Allocated under each payment by the COUNTY to be used for remuneration of any member of the Board of Directors or an officer of the SPONSOR. The documentation must indicate the amounts and recipients of the remuneration. 4.30 Use of Funds for Diversity, Equity. and Inclusion Prohibited. No state funding under this Agreement is being provided for, promoting, advocating for. or providing training or education on"Diversity,Equity,and Inclusion"(DEI).DEl is any program,activity,or policy that classifies individuals on the basis of'race, color, sex,national origin, gender identity, or sexual orientation and promotes the position that the group or an individual's action is inherently, unconsciously, or implicitly biased on the bases of such classification. 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 I'ttllon Habitat for Humanity of Collier County,Inc SI ICON-25-001 Page 29 New Construction Assistance 1 +� D 8 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. Al FEST: AS TO COUNTY: CRYSTAL K. KINZEI.. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' ° „ eputy Clerk a. Attest as to Chairman's ,� � signature only By B L. S S,CHAIRPERSON ` -dted A1.) t • . Date: 12l'T(25 t •� AS TO SPONSOR: WITNESSES: HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. Witness#1 Signature M,QNA kv,a. i 1ri,l.. 1; Witness#1 Printed Name REV. LISA B. 1_I:I-KO , C 0 55115oPPeze4 €41703,iiaP1e51Fi z Witnes Physicall'�Address , Date: " // QJ /(3,10 [Please provide evidence of signing authoring ( I ness #2 Signature / 14l/nG—pia 12er le Witness#2 Printed Name �-- l�/5 l Cil'vl ra M! /c& (U� Witness#2 Physical Address vie-, FL '31-1f13 Approv f s s r' and legality: Jeffrey •1 'la . 'ow Collier( Pum. ttornev Date: Inia Habitat for Humanity of Collier County,Inc. S11CON-25-001 Page 30 New Construction Assistance �(� � 6 8 I':X H I l31 T A INSURANCE'. REQUIREMENTS The SPONSOR shall furnish to Collier County Board of County Commissioners, c/o Community and Duman 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 S1,000,000 per occurrence and S2,000,000 aggregate. Collier County Board of County Commissioners 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 he 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 he maintained for a period of two (2) years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 4 above, the SPONSOR shall provide. or cause its Subcontractors to provide,original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk"basis, in an amount not less than 100 percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County Board of County Commissioners 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). habitat for humanity of Collier County,Inc SHCON-25-001 Page 31 New Construction Assistance c;A 16 08 EXHIBIT 13 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 I lousing Assistance Program(LHAP)FY 2025- 2028, 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 CHS,on or before May 3l, 2028. 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 eliirts 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. 1'he 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 Habitat for Humanity of Collier Count).Inc SHCON-25-001 Page 33 New Construction Assistance tl;=� i6Q8 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, 2022 Property(ies) Under Conditional Contract . January 2023 Construction Commencement June, 2025 Certificate of Occupancy Issued for all Newly May 2028 Constructed Housing Units Project Completion Date May 31, 2028 Further, "project completion date" will mean issuance of all certificates of occupancy and completion of sale to referred households. f) 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 may require 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. Construction Contract 5. Change Orders 6. Sponsor Notice to Proceed (first submission only) 7. Pictures before and during construction and of finished housing unit 8. Fully executed SHiP Note and Mortgage to Collier County Habitat for Humanity of Collier County,Inc. SHCON-254)0I Page 34 New Constriction Assistance i .t. i813 9. Cancelled checks totaling a minimum of S100,000.00 in construction/development related expenses for each housing unit assisted. i) Program Set-Asides SPONSOR must meet the following SHIP mandated program set-aside requirements: A. At least 30 percent (30%) of SHIP funds must assist very low-income households earning at or below 50 percent (50%) of the Area Median Income (AMI). The remaining funds must assist very low- and/or low-income households earning at or below 80 percent (80%) AMI. A minimum of four(4) units must be designated for households at or below 50 percent (50%) AM1 B. At least 20 percent (20%) of SHIP funds must be used to assist persons with special needs,as defined in Section 420.0004. Florida Statutes,and in accordance with Section 420.9075(5). A minimum of three (3) units must be designated for households meeting the SHIP definition of Special Needs. Habitat for Humanity of Collier County.Inc SHCON-25-OOl Page 35 New Construction Assistance CA 16D8 EXlIII3IT (' COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SPONSOR Name: I lahitat for I lumanity of Collier County, Inc. SPONSOR Address: 1 1 145 "Iamiami Trail East,Naples. FL 34113 Project Name: New Construction Assistance Project No: SHCON 25-001 Payment Request Total Payment Minus Retainage Period of Availability: July I. 2025,through May 31,2028. Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS _ Sponsor CHS Approved 1.Grant Amount Awarded $1,200,000.00 $ 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 tens and conditions of the State award. I am aware that any false, fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud.false statements, false claims or otherwise(U.S. Code Title 18, Section 1001 and Title 31. Sections 3729-3730 and 3801-3812;and/or Title VI,Chapter 68, Sections 68.081- 083,and Title XLVI Chapter 837, Section 837-06). Signature ------ ---- Date Title -- - Authorizing Grant Coordinator Authorizing Grant Accountant Super\iur(Approval required S14.999 and below) Division Director(Approval Required S15,000 and above) Habitat for Humanity of Collier County,Inc. SHCON-25-001 Page 36 New Construction Assistance D8 EX111131'1' I) QUARTERLY PROGRESS REPORT Complete form,for preceding quarter and submit to Community and Human Services staff by the 1(It"of the following quarterly month. Status Report for the Quarter Ending: Submittal Date: Project Name: New Construction Assistance Project Number: SI ICON 25-001 SPONSOR Name: I labitat for Humanity of Collier County, Inc. Contact Person 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 dela} in meeting scheduled expenditure deadline dates. Date Signature Habitat for Humanity of Collier County.Inc. SHCON-25-OOl Page 37 New Construction Assistance V D 8 [Amin"' I' ANNUAL Mint \IO\I IOIRI\(; IZIFI)c)Ri' If SPONSOR 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 SPONSOR 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, SPONSOR 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. SPONSOR Name First Date of Fiscal Year (MM/DDIYY) 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 1 A The state expenditure threshold for our fiscal year ending as indicated above has been met n I 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: I ❑ 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. C 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. SHCON•23-001 Page NI New Construction Assistance Effective January 1,2025 EXHIBIT F I II 8 RESIDL\ I INCOME CERTIFI( \ I'ION— Ilomeownership/l)PA State Housing Initiatises Partnership (SHIP) Program Effective Date: Allocation Year: lCalculations performed using(check one): Pre-HOTMA Guidance ❑ HOTMA Guidance ❑ A. Recipient Information Current Homeowner Existing Dwelling Homebuyer New Construction X B. SHIP Fund Use Local Strategy Name Strategy Code New Construction Assistance 10 C. Household Information (Include all household members) Member Full Name Relationship Age to (lead [WAD 3 4 5 6 7 I). Assets (All household members including assets o' ned h miners) Cash Income from Member Asset Description Value Assets Total Cash Value of Assets D(a) ■ Total Actual Income from Assets D(h) Total Imputed Income from Assets D(c) Total Income from Assets D(d) Habitat for Humanity of Collier County.Inc SHC'ON-25-OOI) Page 39 Nea Construction Assistance I-ifecti\e January 1. 2025 1 $ 0 8 E. Anticipated Annual Income: Includes unearned income and support paid on behalf of minors. Wages/ salaries Benefits/ Public Other Member (include "Asset income Pensions Assistance Income tips, Comm issit► (I,nter the greater of box D(b) or box D(c), above, in box E(e) below) (a) (h) (c) (d) (e) Totals Enter total of items E(a) through E(e). This amount is the Annual Anticipated $ Household Income F. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. 1/we have provided, for each person set forth in Item C. acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjur}. WARNING: Florida Statute 817 provides that willful false statements or misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of' the first degree and is punishable by fines and imprisonment provided under S 775.082 or 775.83. Date Signature of[lead of Household Date Signature of Spouse or Co-Head of Household Date Signature of Household Member(over 18 years) Date Signature of Household Member(over 18 years) Date Signature of Household Member(over 18 years) Date Signature of Household Member(over 18 years) Habitat for Humanity of Collier County.Inc SHCON-25-00 t) Page 40 bins Construction Assistance 'r� Ito 8 Effective January I. 2025 G. SHIP Administrator Statement: Based on the representations herein, and upon the proofs and documentation submitted pursuant to item F, hereof, the family or individual(s)named in item C of this Resident Income Certification is/are eligible under the provisions of Chapter 420. Part V, Florida Statutes,the family or individuals)constitute(s)a: (check one) Extremely Low Income(ELI) Household means individuals or families whose annual income does not exceed 30%of the AMI as determined by HUD with adjustments for household size. Maximum Income Limit: Very Low Income(VLI) Household means individuals or families whose annual income does not exceed 50%of the AMI as determined by HUD with adjustments for household size. Maximum Income Limit: Low Income(LI) household means individuals or families whose annual income does not exceed 80%of the AMI as determined by HUD with adjustments for household size. Maximum Income Limit: Moderate Income(M1) Household means individuals or families whose annual income does not exceed 120%of the AMI as determined by HUD with adjustments for household size. Maximum Income Limit: 121-140% Income Household means individuals or families whose annual income does not exceed 140%of the AMI as determined by HUD with adjustments for household size. Maximum Income Limit: Based upon the (year) Income Limits for (MSA or County) Signature of the SHIP Administrator or His/Her Designated Representative: Signature Date Name(print or type) l Ole H. Household Data (to be completed by Head of I k usehold only) Household elects to not participate. (Initials of Household Head) Head of Household Data By Race I Ethnicity By Age White Black Hispanic Asian American Other 0-25 26-40 41 -61 62+ Indian Household llentbers Data Special Target:Special Needs(Check all that apply to any member) Farm worker Developmental!) llomcless F.Iderh Special Needs Special Needs Disabled (define) (define) NOTE: Information in this Section 11 is being gathered for statistical use only. No resident is required to give such information Habitat for Humanity of Collier County.Inc SI ICON•25.001) Page.11 New Construction Assistance two... Florida Housing Finance Corporation Florida Housing State I lousing Initiatives Partner. * 8 (SHIP) Personal Property Asset ( alculation Worksheet Applicant The Housing Opportunity Through Modernization Act (HOTMA) of 2016 was signed into law on July 29, 2016. Sections 102 and 104 of HOTMA made sweeping changes affecting income determinations and reviews.While the Effective Date of these changes was January 1,2024,SHIP grantees must be compliant with these new provisions by July 1, 2025. Part II: HOTMA CALCULATION Refer to the HOTMA Final Rule Implementing Sections 102 and 104 (Notice 88 FR 9600 dated 2.14.2023) and Implementation Guidance included in Notice H 2023-10/PIH 2023-27 for instructions regarding the calculation of assets and asset income.) Assets Where Actual Income Can Be Calculated If non-necessary personal property exceeds$51,600(HUD Income Exclusions),list non-necessary personal property below,and list all real property including actual income(remember that actual income for an asset can equal$0,such as a checking account that has no rate of return). Asset Cash Value Income Calculation Income • • Total Net Value Total Actual Income[Al —_ Assets Where Actual Income Cannot Be Calculated List assets, including real property, where no income could be calculated, including imputed income NOTE: When the total net family assets are less than or equal to the applicable Imputed Income Limitation, ($51,600 as of January 1, 2025) then only the actual income as disclosed on the Asset Self-Certification is included on the Resident Income Certification(RIC). Asset Value Total Value Total[B]Multiply total value of assets by current HUD Passbook Rate'(0.45%) Add the actual income from Cell[Al with the imputed income from Cell[B]to get the total asset income for the household: Total Actual Income[AI Total Imputed Income[B) Total Income from Assets Habitat for Humanity of Collier County,Inc. SHCON•25-001) Page 42 Neu Construction Assistance (4Ait 608 • Collier County Community & Human Services Division EXHII31"I' G INCIDENT RE l'OWF FORM Organization Name: Habitat for Humanity of Collier Counts, Inc. Organization Address: 11145 Tamiami Trail East, Naples, FL 34113 Project No: SHCON 25-001 Grant Coordinator: Adrienne Meijer Date of Incident _ Time of Incident: Report Submitted By: (Name& Phone) Description of Incident: Location/Address of Incident: Was Police Report Filed? ❑ Yes ❑ No If Yes, Police Report Jurisdiction: Number: Were there any warning signs that this type of Incident could occur? ❑ Yes ❑ No If Yes, Explain: What actions will he taken to prevent a recurrence of a similar incident? I certify under penalty of perjury under I .S. 837.06 that the contents of this form are true and correct. Signature of Person Making Report Date Printed Name Title Return completed form to: Kristi Sonntag, Director,CHS Collier County Community and Human Services Division 3339 Tam iami Trail East, Bldg. H,Suite 213 Naples, FL 34112 Fax: (239)252-2638 EXHIBIT II COLLIER COUNTY COM'\IUNITY & HUMAN SERVICES WHISTLEBLOWER PROTECTIONS CERTIFICATION-ORGANIZATION ORGANIZATION Name: \A-03 j F-:9‘ M t: p CoSe{ C.. 1tnc. ORGANIZATION Address: 'OARS --Kbje vi c,,ztAl ''(��;\ c c , , L 34t 13 Project Name: S ' CO ( - 2-6- © O — eui ( Project No: 5 ‘,A- co - aS Q c7\ in accordance with 2 ('FR 200.217 and 31 U.S.C. $ 4712, Organization Name 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 ofa 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 I reasury 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 Organization Name 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. By signing this form. I certify that Organization Name will comply with all Whistleblower rights and protections for its employees. Name: k--"f s Gt (3- Le---7 /C=UZil Signature c�(�• Title: O Date: it (( `3 Your typed name here represents your electronic signature Habitat for Humanity of Collier Count).Inc SHCON-25-001 Page 44 Nevi Construction Assistance CA EXHIBITli-1 1 6 0 8 COLLIER COUNTY COMMUNITY & HUMAN SERVICES WI IISTLEI3LOWER PROTECTIONS CERTIFICATION-STAFF SPONSOR Name: Habitat for Humanity of Collier County, Inc. SPONSOR Address: 11145 Tamiami Frail Last. Naples, FL 34113 Employee Name: Project Name: New Construction Assistance Project No: SHCON 25-001 In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, SPONSOR 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 lederal 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 SPONSOR. contractor,or subcontractor who has the responsibility to investigate. discover, or address misconduct SPONSOR 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. By signing this affidavit, i certify that i have read and understand m' Whistleblower rights and protections as stated above. Name: b.( R f 4m/ Signatu Date: (/ /f g/20 0.5 Title: eco Your typed name here represents your electronic signature Habitat for I lumanity of Collier County.Inc SI ICON-25-OOI Page 45 New Construction Assistance