Agenda 12/12/2017 Item #16D1612/12/2017
EXECUTIVE SUMMARY
***This Item Continued from November 14, 2017 BCC Meeting, Item 16D6*** Recommendation
to approve two State Housing Initiative Partnership (SHIP) Subrecipient Agreements with Housing
Development Corporation of SW Florida, Inc. d/b/a HELP in the amount of $24,877 and Rock
Island Economic Growth Corporation d/b/a Economic Growth Corporation in the amount of
$24,500 for the administration of a Homebuyer Education and Counseling Program for State of
Florida FY16/17.
OBJECTIVE: To continue to promote affordable housing strategies for very low, low, and moderate-
income persons through the SHIP Program Homebuyer Education and Counseling.
CONSIDERATIONS: The SHIP program receives a percentage of statewide documentary stamp tax
revenues each year to fund local governments to create partnerships that produce and preserve affordable
homeownership and multi-family housing. In 2013, the state Legislative Budget Commission approved a
$10 million allocation from National Mortgage Settlement funds to provide foreclosure counseling
services to be administered by Florida Housing Finance Corporation (FHFC) through the Foreclosure
Counseling Program (FCP). The FHFC has allocated a portion of these funds to Collier County
specifically for homebuyer education and counseling activities.
On January 24, 2017, the Board approved/accepted the supplemental SHIP Program Housing Counseling
funds for FY 2016/2017. The use of this funding will allow local governments to provide first -time
homebuyer counseling and provide additional counseling that has not been funded previously, such as
foreclosure prevention or financial coaching. These activities can only be carried out by HUD-approved
counseling agencies in partnership with local government (as a sub-recipient or sponsor) or by local
government staff that have appropriate training and are certified to provide the training.
Community and Human Services staff took applications from two HUD-approved counseling agencies
that are qualified to administer the homebuyer education and counseling classes for the SHIP program.
On April 10, 2017, HELP and on March 7, 2017, Economic Growth Corporation provided staff Education
and Counseling proposals to administer the homebuyer education and counseling classes in Collier
County.
The Subrecipient Agreements provide for first-time homebuyer counseling and provide additional
financial management education for homeowners and potential homeowners, and fund programs such as
foreclosure prevention or financial coaching to be administered by HELP and Economic Growth
Corporation.
FISCAL IMPACT: The funds are available in SHIP Grant Fund 791, Project 33467. The proposed
action does not have an impact on the General Fund.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a
majority vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: Acceptance of these agreements will allow the County to
expand affordable housing opportunities for its citizens and further the goals of the Housing Element of
the Collier County Growth Management Plan.
RECOMMENDATION: To approve and authorize the Chairman to sign the State Housing Initiative
Partnership Subrecipient Agreements with Housing Development Corporation of SW Florida, Inc. d/b/a
12/12/2017
HELP and Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation.
Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. HELP HBE AGREEMENT (PDF)
2. ROCK ISLAND HBE AGREEMENT (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.16
Doc ID: 4355
Item Summary: ***This Item Continued from November 14, 2017 BCC Meeting, Item 16D6***
Recommendation to approve two State Housing Initiative Partnership (SHIP) Subrecipient Agreements
with Housing Development Corporation of SW Florida, Inc. d/b/a HELP in the amount of $24,877 and
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation in the amount of
$24,500 for the administration of a Homebuyer Education and Counseling Program for State of Florida
FY16/17.
Meeting Date: 12/12/2017
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
12/05/2017 3:50 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
12/05/2017 3:50 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/05/2017 4:05 PM
Grants Therese Stanley Additional Reviewer Completed 12/05/2017 4:13 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2017 8:50 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/06/2017 9:11 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
Grant - SHIP FY 2016-2017
Activity: - Homebuyer Education
SUBRECIPIENT: - Housing
Development Corporation of SW
Florida, Inc. d/b/a HELP
DUNS # - 830181330
CSFA # - 52.901
FEIN: 38-3695928
AGREEMENT BETWEEN COLLIER COUNTY
AND
Housing Development Corporation of SW Florida Inc. d/b/a HELP
STATE HOUSING INITIATIVES PARTNERSHIP
HOMEBUYER EDUCATION AND COUNSELING
CSFA 1152.901
THIS AGREEMENT is made and entered into this day of 20
by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
"Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and the
Housing Development Corporation of SW Florida, Inc. d/b/a HELP. hereinafter referred to as
"SUBRECIPIENT", a private not-for-profit corporation existing under the laws of the State of Florida,
having its principal office at 3200 Bailey Lane, Suite 109 Naples, Florida 34105.
WHEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of Florida
in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State
Housing Initiatives Partnership (SHIP) Program;
WHEREAS, the State Housing Initiative Program is established in accordance with Section
420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and
WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership
Program; and
WHEREAS, the Fiscal Year 2016-2019 Local Housing Assistance Plan as amended was
adopted by the Board of County Commissioners on April 26, 2016, Resolution No. 2016-75; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the services specified
in Exhibit "A" of this Agreement, in accordance with the approved Local Housing Assistance Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings as specified in Exhibit "A" and determines that they are valid and worthwhile County
purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is agreed by the Parties as follows:
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PART
I. DEFINITIONS AND PURPOSE
A. DEFINITIONS
1. "Low-income person" or "low-income household" means the definition set
forth in Section 420.9071(19), F.S.
2. "Moderate -income person" or "moderate -income household" means the definition
set forth Section 420.9071(20), F.S.
3. "Very Low -Income person" or "very low-income household" means the
definition set forth in Section 420.9071(28), F.S.
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Scope of Service in Exhibit "A".
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by the Collier
County Community and Human Services Division (CHS), perform the tasks necessary to
conduct the program outlined in Exhibit "A".
III. PERIOD OF PERFORMANCE
The effective date of the agreement between COUNTY and SUBRECIPIENT shall be
December 1, 2017. SUBRECIPIENT is authorized to incur eligible expenses after that date.
The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes
of this Agreement. In any event, all services required hereunder shall be completed by the
SUBRECIPIENT prior to June 30, 2019. Any funds not obligated by the expiration date of this
Agreement shall automatically revert to COUNTY.
Iv. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using State Housing Initiatives
Partnership Program funding for allowable costs, determined by COUNTY, in an amount not
to exceed TWENTY FOUR THOUSAND EIGHT HUNDRED SEVENTY SEVEN
DOLLARS ($24,877.00) for the services described in Exhibit "A."
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
Community and Human Services Division at its office, presently located at 3339 E Tamiami
Trail, Suite 211, Naples, Florida 34112, and to SUBRECIPIENT when delivered to its office
at the address listed on page one of this Agreement.
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COLLIER COUNTY ATTENTION: Lisa N. Carr, Senior Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: lisacarr@colliergov.net
Telephone: (239) 252-2339
SUBRECIPIENT ATTENTION: Michael Puchalla, Executive Director
3200 Bailey Lane, Suite 109
Naples, Florida 34105
Email: michael@collierhousing.com
Telephone: (239) 434-2397
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of the State Housing Initiatives
Partnership Program as described in Sections 420.907-420.9079, Florida Statutes and Chapter
67-37, F.A.C. The SUBRECIPIENT further agrees to utilize funds available under this
Agreement to supplement, rather than supplant, funds otherwise available for specified
activities.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED
PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes, and with the procedures set
forth in Community and Human Services Division Policies and Procedures
memoranda. The Federal, State, and County laws, ordinances and codes, are minimal
regulations supplemented by more restrictive guidelines set forth by Community and
ill be made until approved by Community
Human Services Division. No payments w
and Human Services Division, or designee.
Should a project receive additional funding after the commencement of this
Agreement, the SUBRECIPIENT shall notify Community and Human Services
Division in writing within thirty (3 0) days of receiving notification from the funding
source and submit a cost allocation plan for approval within forty-five (45) days of
said official notification.
B. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be done specifically
by written contract or agreement, and such subcontracts shall be subject to each
provision of this Agreement and applicable County, State, and Federal guidelines and
regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder,
such subcontracts must be submitted by the SUBRECIPIENT to Community and
Human Services Division for its review and approval, which will specifically include
a determination of compliance with the terms of the attached Scope of Services set
forth in Exhibit "A."
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This review also includes ensuring that all consultant contracts and fee schedules meet
the minimum standards as established by the Collier County Purchasing Department,
Florida Statutes and Florida Housing Finance Corporation. Reimbursements for such
services will be made at SUBRECIPIENT's cost. None of the work or services
covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY
without approval from Community and Human Services Division or its designee.
C. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided
that such amendments make specific reference to this agreement, and are executed in
writing, signed by a duly authorized representative of each organization, and approved
by the Grantee's governing body. Such amendments shall not invalidate this
agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations
under this agreement.
The COUNTY may, in its discretion, amend this agreement to conform with Federal,
State or Local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result in a change in the funding, the scope of
services, or schedule of the activities to be undertaken as part of this agreement, such
modifications will be incorporated only by written amendment, signed by both Grantee
and SUBRECIPIENT.
D. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the
SUBRECIPIENT in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described
in this paragraph. 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.
E. GRANTEE RECOGNITION
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and
similar public notices, whether printed or digitally prepared and released by the
SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement:
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"FINANCED IN PART BY FLORIDA HOUSING FINANCE CORPORTATION
(FHFC) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
DIVISION."
and shall appear in the same size letters or type as the name of the SUBRECIPIENT.
This design concept is intended to disseminate key information regarding the
development team, as well as Equal Housing Opportunity, to the general public.
F. TERNIINATION
In event of termination for any of the following reasons, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, reports
prepared, and capital equipment secured by the SUBRECIPIENT with funds under this
Agreement shall be returned to COUNTY. In the event of termination, the
SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages
sustained by the COUNTY by virtue of any breach of the Contract by the
SUBRECIPIENT, and the COUNTY may withhold any payment to the
SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is determined.
1. TERNIINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and
proper manner its obligations under this Agreement, or if either party
violates any of the covenants, agreements, or stipulations of this
Agreement, either party shall have the right to terminate this
Agreement in whole or part by giving written notice of such
termination to the other party and specifying therein the effective date
of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its
option and for any reason, terminate this Agreement upon ten (10)
working days written notice to the other party. Upon termination, the
COUNTY shall pay the SUBRECIPIENT for services rendered
pursuant to this Agreement through and including the date of
termination.
3. TERNIINATION DUE TO CESSATION
In the event the State Housing Initiatives Partnership Program is
suspended or terminated, this Agreement shall be. suspended or
terminated effective on the date that Florida Housing Finance
Corporation specifies.
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G. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under this
Agreement, insurance of the types and in the amounts described herein and further set
forth in Exhibit `B".
H. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit `B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any
subsection of this contract. The contract is contingent upon receipt of the insurance
documents within fifteen (15) calendar days after the Board of County Commissioners'
approval. If the Insurance certificate is received within the specified period, but not in
the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally
notified of the deficiency and shall have an additional five (5) calendar days to submit
a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of
County Commissioners' approval, the SUBRECIPIENT may be in default of the terms
and conditions of the contract.
VM. ADMINISTRATIVE REOUIREMENTS
A. DOCUMENTATION AND RECOP-DICEEPING
1. The SUBRECIPIENT shall maintain all records required by the State
Housing Initiatives Partnership Program and Community and Human
Services Division.
2. All reports, plans, surveys, information, documents, maps, and other
data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for the purpose of this Agreement shall be made
available to the COUNTY at any time upon request by the COUNTY
or Community and Human Services Division. Upon completion of all
work contemplated under this Agreement, copies of all documents and
records relating to this Agreement shall be surrendered to Community
and Human Services Division, if requested. In any event the
SUBRECIPIENT shall keep all documents and records for five (5)
fiscal years funds expended and accounted for and/or satisfaction of
loans whichever is later of this Agreement, as outlined in the General
Schedule for Local Governments (GS I -L) of Florida Department of
State requirements.
3. Deep and maintain public records required by COUNTY to perform
the service.
4. Upon request from COUNTY'S custodian of public records, provide
CO LJNTY with a copy of the requested records or allow the records to
IM
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be inspected or copied, within a reasonable time, at a cost that does
not exceed the cost provided in this chapter or as otherwise provided
by law.
5. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except
as authorized by law, for the duration of the contract term and
following completion of the contract, if SUBRECIPIENT does not
transfer the records to COUNTY.
6. Upon completion of the contract, transfer, at no cost, to COUNTY all
public records in possession of SUBRECIPIENT or keep and maintain
public records required by COUNTY to perform the service. If
SUBRECIPIENT transfers all public records to the public agency
upon completion of the contract, the SUBRECIPIENT shall destroy
any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If
SUBRECIPIENT keeps and maintains public records upon
completion of the contract, SUBRECIPIENT shall meet all applicable
requirements for retaining public records. All records stored
electronically must be provided to COUNTY, upon request from
COUNTY's custodian of public records, in a format that is compatible
with the information technology systems of COUNTY.
The SUBRECIPIENT shall submit detailed quarterly progress reports
to Community and Human Services Division, outlining the status of
specific activities under the project. Each report must account for the
total activity for which the SUBRECIPIENT is paid with State
Housing Initiatives Partnership Program funds, in part or in whole,
and which is required in fulfillment of their obligation regarding the
project. The progress reports shall be submitted on the attached
Exhibit "D".
Failure to adequately maintain any former State Housing Inifiatives
Partnership Program funded project may result in the delay of
processing reimbursement requests for ongoing activities or in the
forfeiture of future State Housing Initiatives Partnership Program
funds.
9. The SUBRECIPIENT further agrees that Community and Human
Services Division shall be the final arbiter on the SUBRECIPIENT's
compliance with the above.
B. REPORTS AUDITS AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate
reports required under this Agreement, and on the resolution of monitoring or audit
findings identified pursuant to this Agreement.
Quarterly reports will be, submitted using the form attached as Exhibit "D".
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The SUBRECIPIENT agrees that Community and Human Services Division will carry
out periodic monitoring and evaluation activities, as determined necessary. The
continuation of this Agreement is dependent upon satisfactory evaluation. The
SUBRECIPIENT shall, upon the request of community and Human Services Division,
submit information and status reports required by Community and Human Services
Division or Florida Housing Finance Corporation to enable Community and Human
Services Division to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow Community and Human Services Division
or Florida Housing Finance Corporation to monitor the SUBRECIPIENT on site. Such
site visits may be scheduled or unscheduled, as determined by Community and Human
Services Division or Florida Housing Finance Corporation.
Community and Human Services Division shall have the right under this Agreement
to suspend or terminate reimbursement until the SUBRECIPIENT complies with any
additional conditions that may be imposed by Community and Human Services
Division, COUNTY, or Florida Housing Finance Corporation at any time.
C. AUDITS AND INSPECTIONS
Non-profit organizations that expend $750,000 or more annually in
state awards shall have a single or program -specific audit conducted
for that year in accordance with Florida Statute 215.97 (Florida Single
Audit Act). Non-profit organizations with state awards of $750,000 or
more, under only one state program, may elect to have a program -
specific audit performed in accordance with the Florida Single Audit
Act.
2. Non-profit organizations that expend less than $750,000 annually in
state awards shall be exempt from an audit conducted in accordance
with FL Statute 215.97, although their records must be available for
review (e.g., inspections, evaluations). These agencies are required by
Community and Human Services Division to submit "Reduced
Scope" audits (e.g., financial audit, performance audits). They may
choose, instead of a Reduced Scope Audit, to have a program audit
conducted for each state award in accordance with the regulations
governing the program in which they participate. Records must be
available for review or audit by appropriate officials of federal and/or
County agencies.
3. Ata minimum, each audit shall comply with the Florida Single Audit
Act and include a fiscal review, which includes a validation of all
program -generated income and its disposition, which are attributable
to SHIP funds, an internal control review, and a compliance review.
A copy of the audit report must be received by Community and Human
Services Division no later than nine (9) months, following the end of
the SUBRECIPIENT's fiscal year.
4. The SUBRECIPIENT shall maintain all contract records in
accordance with generally accepted accounting principles,
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procedures, and practices, which shall sufficiently and properly reflect
all revenues and expenditures of funds provided directly or indirectly
by COUNTY pursuant to the terms of this contract.
5. The SUBRECIPIENT shall maintain all contract records that
document all actions undertaken to accomplish as outlined in Exhibit
"A" of this Agreement.
6. The SUBRECIPIENT shall ensure that the contract records shall be,
at all times, subject to and available for full access and review,
inspection, or audit by COUNTY or state personnel and any other
personnel duly authorized by COUNTY.
7. The SUBRECIPIENT shall include in all Community and Human
Services Division approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic
services, as such services are described in this contract and defined by
Community and Human Services Division, each of the recordkeeping
and audit requirements detailed in this contract. Community and
Human Services Division shall, in its sole discretion, determine when
services are eligible substantive programmatic services and subject to
the audit and recordkeeping requirements described above.
D. PURCHASING
If applicable, the SUBRECIPIENT shall make all purchases for consumable, capital
equipment and services by purchase order or by written contract in conformity and in
full compliance with the procedures prescribed by applicable Florida Statutes (FL
statute 287.017) and the Collier County Purchasing rules, whichever is more stringent.
$10,000 - $50,000 3 Written Quotes
$50,000+ Bids, Proposals, Contracts (ITB,
All improvements specified in Part I. Scope of Work shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding, under a
procedure acceptable to the COUNTY and Federal requirements. The
SUBRECIPIENT shall enter into contracts for improvements with the lowest,
responsible and qualified bidder. Contract administration shall be handled by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and
documents related to the project.
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E. DEBARMENT
The SUBRECIPIENT certifies that no officer or agent of the SUBRECIPIENT has
been debarred from bidding, proposing, or contracting for federal, state, or local
government programs. The SUBRECIPIENT assures that all its subcontractors who
will participate in activities which are subject to this agreement are eligible and have
not been debarred.
F. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but
not limited to: sale and occupancy of the unit (if applicable), making final payments,
disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the
COUNTY), and determining the custodianship of records.
IX. OTHER PROGRAM RE' QUIRE MENIS
A. PROGRAM BENEFICIARIES
The project funded under this Agreement shall assist beneficiaries for the term of the
assistance, as designated in Exhibit "A" of this Agreement. The SUBRECIPIENT shall
provide written verification of compliance to Community and Human Services
Division, on an on-going quarterly basis throughout the life of the agreement, as well
as final total for all beneficiaries served during the entire term of the agreement.
B. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that Community and Human Services Division will carry
out periodic monitoring and evaluation activities as determined necessary by
Community and Human Services Division or the COUNTY and that the continuation
of this Agreement is dependent upon satisfactory evaluation conclusions based on the
terms of this Agreement, comparisons of planned versus actual progress relating to
project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT
agrees to furnish upon request to Community and Human Services Division, the
COUNTY or the COUNTY'S designees and make copies or transcriptions of such
records and information, as is determined necessary by Community and Human
Services Division or the COUNTY. The SUBRECIPIENT shall, upon the request of
Community and Human Services Division, submit information and status reports
required by Community and Human Services Division, or the COUNTY on forms
approved by Community and Human Services Division to enable Community and
Human Services Division to evaluate said progress and to allow for completion of
reports required of Community and Human Services Division by Florida Housing
Finance Corporation. The SUBRECIPIENT shall allow Community and Human
Services Division to monitor the SUBRECIPIENT on site. Such site visits may be
scheduled or unscheduled, as determined by Community and Human Services Division
and the Florida Housing Finance Corporation.
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C. CORRECTIVE ACT10N
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this contract. penalties may be imposed for failures
to implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted
an escalation policy to ensure continued compliance by Subrecipients, Developers, or
any entity receiving grant funds from CHS. CHS's policy for escalation for non-
compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being
issued to the entity and will require a corrective action plan be
submitted to the Division within 15 days following issuance of the
report.
Any pay requests that have been submitted to the Division for payment
will be held, until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the
entity, as needed, in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a
timely manner to the Division, the Division may require a portion of
the awarded grant amount be returned to the Division.
The County may require upwards of five percent (5%) of the award
amount be returned to the Division, at the discretion of the Board of
County Commissioners.
The entity may be considered in violation of Resolution No. 2013-228
If in the case an Entity continues to fail to correct the outstanding issue
or repeats an issue that was previously corrected, and has been
informed by the Division of their substantial non-compliance by
certified mail; the Division may require a portion of the awarded grant
amount or the amount of the CDBG investment for acquisition of the
properties conveyed, be returned to the Division.
The Division may require upwards of ten percent (10%) of the award
amount be returned to the Division, at the discretion of the Board of
County Commissioners.
The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be
substantially non- compliant, the Division may recommend the
contract or award be terminated.
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The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract.
The Entity will be required to repay all funds disbursed by the County
for the project that was terminated. This includes the amount invested
by the County for the initial acquisition of the properties or other
activities.
The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Division and is found to be non-
compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
D. CONFLICT OF INTEREST
In accordance with Section 112.313 Florida Statutes, the SUBRECIPIENT covenants
that no person who presently exercises any functions or responsibilities in connection
with the Project, has any personal financial interest, direct or indirect, in the target
areas or any parcels therein, which would conflict in any manner or degree with the
performance of this Agreement and that no person having any conflict of interest shall
be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of
interest on the part of the SUBRECIPIENT or its employees shall be disclosed in
writing to Community and Human Services Division provided, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and very low-income residents of the project target area.
E. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Florida Statutes by entering into this Agreement or
performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its
affiliates, suppliers, subcontractors and consultants who will perform hereunder, have
not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required Section 287.133 (3)(a), Florida Statutes.
F. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her kriowledge and belief, that:
1. No State Housing Initiatives Partnership Program appropriated funds
have been paid or will be paid, to any person for influencing or
attempting to influence an officer or employee of any agency, in
connection with the award of any State Housing Initiatives Partnership
Program contract, the making of any State Housing Initiatives
Partnership Program grant, the making of any State Housing
Initiatives Partnership Program loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any State Housing Initiatives
Partnership Program contract, grant, loan, or cooperative agreement.
Housing Development Corporation of SW Florida, Inc. d/b/a HELP
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 12
2. Any lobbying efforts regarding the award of any State Housing
Initiatives Partnership Program contract, the making of any State
Housing Initiatives Partnership Program grant, the making of any
State Housing Initiatives Partnership Program loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any State Housing Initiatives
Partnership Program contract, grant, loan, or cooperative agreement
must be carried out by a State of Florida registered lobbyist comply
with Florida Statutes 112.3215.
3. The undersigned shall require that the language of this certification be
included in the award documents for all sub -awards at all tiers
(including subcontracts, sub -grants, and contracts under grants, loans,
and cooperative Agreements) and that all SUBRECIPIENTS shall
certify and disclose accordingly.
X. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not
be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
XI. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to
be an original, and such counterparts will constitute one and the same instrument.
XII. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitute the entire understanding. The parties hereby acknowledge that there have been and
are no representations, warranties, covenants, or undertakings other than those expressly set
forth herein.
(Signature Page to Follow)
Housing Development Corporation of SW Florida, hie. d/b/a HELP
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 13
IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST
DWIGHT E. BROCK, CLERK
Approved as to form and legality:
A"
Jennifer Belpedio ®��\ CD
Assistant County Attorney ao
Date:
BOARD OF COUNTY
COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
Date:
MICHAEL PUCHALLA, EXECUTIVE
DIRECTOR:
Q
By19—
Date: 1n0
Housing Development Corporation of SW Florida, Inc. d/bla HELP
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 14
EXHIBIT "A"
SCOPE OF SERVICES
Housing Development Corporation of SW Florida, Inc. d/b/a HELP
SHIP FY 2016-2017
HOMEBUYER/FINANCIAL MANAGEMENT EDUCATION AND COUNSELING
A. PROJECT SCOPE:
SUBRECIPIENT proposes to use State Housing Initiatives Partnership (SHIP) funds for the
following activities:
• Pre -Purchase Homebuyer Counseling
• Homebuyer Education Workshop
• Financial Management Education -Money Management
• Financial Coaching (one-on-one)
• Financial Literacy Workshop
• Web Based Curriculum Portal
The SUBRECEIPIENT must be a HUD certified counseling agency and provide services under
this Agreement in Collier County.
B. METHOD OF PAYMENT:
The COUNTY agrees to make available TWENTY FOUR THOUSAND EIGHT
HUNDRED SEVENTY SEVEN DOLLARS ($24,877.001 from SHIP 2016-2017 funding
year is reserved to complete the activities under this Agreement.
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted
fund shifts among line items shall not be more than 10% of the total funding amount and does
not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed
for eligible costs, and all disbursements requests must be limited to the amount needed at the
time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting
from obligations incurred during the term of this agreement. Invoices for work performed are
required every month. If no work has been performed during that month, or if the
SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required.
Explanations will be required if two consecutive months of $0 invoices are submitted.
Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not
more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails
to perform the minimum level of service required by this agreement.
Final invoices are due no later than 90 days after the end of the agreement. 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.
Housing Development Corporation of SW Florida, hie. d/h/a HELP
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 15
The County Manager or designee may extend the term of this agreement for a period of up to
180 days after the end of the agreement. Extensions must be authorized, in writing, by formal
letter to the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any
and all applicable Local, State or Federal requirements. Payment will be made upon receipt of
a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise
known as the "Local Government Prompt Payment Act."
C. BUDGET:
Line Item:
Unit Cost
Counseling: Pre -Purchase for homebuyers. Minimum 3
$375/per household
sessions per household.
Determine dates of education classes;
Homebuyer Education Workshops, 1 to 50 participants
$1,000 per 8 hour session or
develop and provide pre -purchase
two 4 hour sessions
Financial Management Education -Money Management
$150/course
Course
Financial Coaching (one-on-one)
$175/session
Financial Literacy Workshop, 1 to 25 participants
$175/worksho
Development and on-going administration of on line /
$500.00 one-time fee
web based pre -purchase curriculum
D. PROJECT MILESTONE SCHEDULE:
The time frame for completion of the outlined activities shall be:
MILESTONE/TASK
START DATE
END DATE
Determine dates of education classes;
December 1, 2017
June 30, 2019
develop and provide pre -purchase
counseling; homebuyer education
workshops; financial management
education courses— money management
courses; one-on-one financial coaching;
financial literacy workshops; establish on
line curriculum and portal to allow
certification
This agreement shall allow reimbursement of expenses for all eligible costs associated with
the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid.
E. PROJECT DELIVERABLES:
1. Provide evidence of current U.S. Housing and Urban Development Approved
Counseling Agency status; and
2. Company's organizational chart and staff position descriptions
3. Quarterly Progress Reports
4. Workshop/counseling locations and agendas
Housing Development Corporation of SW Florida, Inc. d/b/a HELP
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 16
F. PERFORMANCE DELIVERABLES:
Program Deliverable
Deliverable Supporting
Documentation
Submission Schedule
Provide pre -purchase
Class/workshop schedule and
On-going per occurrence
counseling; homebuyer
agenda
Request for payment shall
education workshops; financial
counseling session
management -financial literacy
be submitted once a month
courses;
flyers. (Deliverable 2,3,5)
G. PAYMENT DELIVERABLES:
The following table details the project deliverables and payment schedule.
Deliverable
Supporting
Documents
Payment Schedule
1.
Pre -purchase homebuyer
A.
Workshop/counseling
Request for payment shall
counseling session
locations and workshop
be submitted once a month
flyers. (Deliverable 2,3,5)
for all activities completed
2.
Homebuyer Education Workshop
during the previous month
B.
Sign in sheet for each
period.
3.
Financial Management
workshop with a client
Education -Money Management
identifier or name and signed
Course
by facilitator. Deliverable
2,3,5)
4.
Financial Coaching Session (one-
on-one)
C.
Sign in sheet for each
counseling session including
5.
Financial Literacy Workshop
client identifier or signature
and facilitator. (Deliverable
6.
Establish and maintain an on
1,4)
line pre -purchase web based
curriculum
D.
Documentation of web based
curriculum and url location
(Deliverable 6 via screenshot)
E.
Exhibit C All Deliverables
Duplication of clients between deliverable tasks is permitted.
Housing Development Corporation of SW Florida, Inc. d/b/a HELP
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 17
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services
Division Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than
$300,000 per occurrence for combined Bodily Injury and Properly Damage. Collier County must be
shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles
used in connection with this contract in an amount not less than $300,000 per occurrence for combined
Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per
occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall
become legally obligated to pay as damages from claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is
issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1— 4 above, the SUBRECIPIENT shall provide or cause
its Subcontractors to provide original policies indicating the following types of insurance coverage
prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not
less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The
policy shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or the maximum
amount of coverage available through the National Flood Insurance Program (NFIP), whichever is
greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided
as such time that he buildings' walls and roof exist.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
Housing Development Corporation of SW Florida, Inc. dibla HELP
State Housing Initiatives Partnership IIomebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 18
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and/or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage available through
the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
Housing Development Corporation of SW Florida, Inc. d/b/a HELP
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 19
EXHIBIT "C"
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
SubrecipientName: Housing Development Corporation of SW Florida, Inc. d/b/a HELP
Subrecipient Address: 3200 Bailey Lane, Suite 109 Naples, FL 34105
Project Name: STATE HOUSING INITIATIVES PARTNERSHIP
HOMEBUYER EDUCATION AND COUNSELING
Project No: 16-17 HBE 001 Payment Request #
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION H: STATUS OF FUNDS
1.Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3.Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4.Amount of Today's Request
5.10% Retainage Amount Withheld $ N/A
6.Current Grant Balance (Initial Grant Amount Award
request) ( includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
Housing Development Corporation of SW Florida, hie. d/b/a HELP
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 20
EXIMIT `aD"
QUARTERLY PROGRESS REPORT
Complete form for past quarter and submit to Community & Human Services staff by the 10 of the
following month. (January 10", April 10`h, July 10`h & October IOrI)
Housing Counseling Agency .
AclirityReport
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State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 21
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Housing Development Corporation of SW Florida, Inc, d/b/a HELP
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 22
CERTIFICATION FOR THE SUBRECIPIENT OR DEVELOPER OR VENDOR ENTITY
CERTIFICATION FOR THE GRANTEE ENTITY
Only one required per entity signed by an authorized representative
REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF
INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR
NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON
AGREEMENTS/SUB-AGREEMENTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and
Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal
Register (52 Fed. Reg., pages 20360-20369).
The Board of County Commissioners further adopted a Resolution (2013-228) effective October 8, 2013
to establish application screening criteria for Collier County administered federal and state grants. The
resolution specifies this list of interested parties refers to the following representatives of the grantee
organization under any form of arrangement or agreement:
Each Board of Directors member
Officers of the Board
Executive Director
All employees and supervisors that will work on the grant
Definitions: [Note: The Definitions (1) will be tailored for the applicable grant progranti
(1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily
excluded," as used in this certification, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulations), Part 76. Contact Collier Community and Human Services or go to www.HlJD.rrov
website for assistance in obtaining a copy of those regulations.
(2) The term substantial non-compliance or non-conformance as used in this certification includes:
• Return of awarded grant funds on more than one occasion in the last three years
• Non-compliance with a monitoring corrective action plan
• Other substantial non-compliance or non-conformance of a grant
• The organization applying for grant funding is hereby certifying and will follow the below listed:
1. Each grantee of federal or state financial and non-financial assistance must sign this debarment
certification at time of application. Independent auditors who audit federal or state programs
regardless of the dollar amount are required to sign this certification form to include certification
of debarment. Collier County Community and Human Services or its agreement
grantee/contractors will not contract with subcontractors if they are debarred or suspended by the
federal government.
2. Each entity applying for a grant from Collier County will assure all individuals and positions
listed above complete and submit appropriate certifications.
3. The grantee shall provide immediate written notice to the grant coordinator at any time the
grantee/contractor learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The grantee further agrees by submitting this certification that, it shall not knowingly enter into
any sub -agreement with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this contract unless authorized by the Federal Government.
S. The grantee further agrees by submitting this certification that it will require each
contractor/subcontractor of agreements and/or contracts referencing this contract whose payment
will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with
each sub -agreement.
6. The grantee may rely upon a certification by a subcontractor entity that it is not debarred,
suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the
grantee/contractor knows that the certification is erroneous.
7. The grantee has adopted conflict of interest policies and procedures within their organization and
will provide a copy of such prior to the execution of an agreement should the grant application be
funded. If the grantee does not have conflict of interest policies and procedures they must adopt
policies/procedures for determining when a conflict of interest exists and disclosing it to the
public as required by the applicable program requirements.
The prospective grantee certifies, by signing this certification, that neither the entity nor their above noted
principals and respective employees, within the last three years:
(1) Has been debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily
excluded from participation in contracting with Collier County Community and Human Services
by any federal department or agency. Where the prospective grantee is unable to certify to any of
the statements in this certification, such prospective grantee shall attach an explanation to this
certification.
(2) Has had a real or apparent conflict of interest
(3) Has falsified documents
(4) Has substantial non-compliance or non-conformance with performance under a grant with Collier
County or any other entity
Collier County Community and Human Services will rely on the certifications of this document as true
and reliable.
However, the County reserves the right to request additional documentation prior to making a final
determination.
Collier County Community and Human Services may rely upon a certification by a nonprofit organization
that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting or subcontracting
unless the department knows that the certification is erroneous.
This certification is a material representation of fact upon which reliance is placed when this
application is submitted. If it is later determined that the signed knowingly rendered an erroneous
certification, the Federal Government (via Section 1001 of Title 18 USC for making false statements)
and Collier County may pursue available remedies, including suspension, debarment, grant award
retraction, and/or suspension from applying for awards for three years under Resolution
2013-228.
Name of Organization: yg �iye'�pyveh� coYir a S� ��o�°{a Cllbl lT�"G}�
Signature of Authorized Individual
Date 10 / d
W\(Ar\uQ1 U C���a��,C�u�vy� Q�rec o✓
Name and Title of Authorized Individual
(Print or type)
CERTIFICATION FOR THE DIRECTORS OF THE BOARD, EXECUTIVE DIRECTOR,
EMPLOYEE OR SUPERVISOR
One EACH for every director, the executive director, and each staff member proposed to be
directly working on or overseeing a staff member directly working on the grant
REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF
INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR
NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON
AGREEMENTS/SUB-AGREEMENTS
The Board of County Commissioners adopted a Resolution (2013-228) effective October 8, 2013 to
establish application screening criteria for Collier County administered federal and state grants. The
resolution specifies this list of interested parties refers to the following representatives of the grantee
organization under any form of arrangement or agreement:
Each Board of Directors member
Officers of the Board
Executive Director
All employees and supervisors that will work on the grant
Definitions:
(1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily
excluded," as used in this certification, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulations), Part 76. Contact Collier County Community and Human Services or go to
www.HUD.eov website for assistance in obtaining a copy of those regulations.
(2) The term substantial non-compliance or non-conformance as used in this certification includes:
• Return of awarded grant funds on more than one occasion in the last three years
• Non-compliance with a monitoring corrective action plan
• Other substantial non-compliance or non-conformance of a grant
The undersigned certifies, by signing this certification, that, within the last three years, they have not:
1. Been debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in contracting with Collier County Community and Human
Services by any federal department or agency. (Where the prospective individual is unable to
certify to any of the statements in this certification, such individual shall attach an
explanation to this certification.)
2. Had a real or apparent conflict of interest
3. Falsified documents
4. Had substantial non-compliance or non-conformance with performance under a grant with
Collier County or any other entity
The undersigned shall provide immediate written notice to the grantee at any time the undersigned learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
Collier Comity Community and Human Services will rely on the certification of this document
as hue and reliable. However, the County reserves the right to request additional documentation prim to
making a final determination.
This certification is a material representation of fact upon which reliance is placed when this
application is submitted. If it is later determined that the signed knowingly rendered an erroneous
certification, the Federal Government (via Section 1001 of Title 18 USC for making false statements)
and Collier County may pursue available remedies, including suspension, debarment, grant award
retraction, and/or suspension from applying for awards for three years under Resolution
2013-228.
t%ovs;" elo,menl
Name of Organization
�R(ole of undersigned (Direct'or(,� (Executive Director, Employee [specify role], Supervisor [specify role]
\� \\
Signature
Date: / o� -7 /
Print or type name of signatory
Grant - SHIP FY 2016-2017
Activity: - Homebuyer Education
SUBRECIPIENT: - Rock Island
Economic Growth Corporation d/b/a
Economic Growth Corporation
DUNS # - 78-763-9681
CSFA # - 52.901
FEIN: 36-3267851
AGREEMENT BETWEEN COLLIER COUNTY
AND
ROCK ISLAND ECONOMIC GROWTH CORPORATION D/B/A ECONOMIC
GROWTH CORPORATION
STATE HOUSING INITIATIVES PARTNERSHIP
HOMEBUYER EDUCATION AND COUNSELING
CSFA #52.901
THIS AGREEMENT is made and entered into this _ day of 20_,
by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
"Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and the
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation. hereinafter referred
to as "SUBRECIPIENT", a private not-for-profit corporation existing under the laws of the State of
Florida, having its principal office at 100 191 Street Suite 109 Rock Island, IL 61201.
WHEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of Florida
in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State
Housing Initiatives Partnership (SHIP) Program;
WHEREAS, the State Housing Initiative Program is established in accordance with Section
420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and
WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership
Program; and
WHEREAS, the Fiscal Year 2016-2019 Local Housing Assistance Plan as amended was
adopted by the Board of County Commissioners on April 26, 2016, Resolution No. 2016-75; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the services specified
in Exhibit "A" of this Agreement, in accordance with the approved Local Housing Assistance Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings as specified in Exhibit "A" and determines that they are valid and worthwhile County
purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is agreed by the Parties as follows:
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PART
I. DEFINITIONS AND PURPOSE
A. DEFINITIONS
1. "Low-income person" or "low-income household" means the definition set
forth in Section 420.9071(19), F.S.
2. "Moderate -income person" or "moderate -income household" means the definition
set forth Section 420.9071(20), F.S.
3. "Very Low -Income person" or "very low-income household" means the
definition set forth in Section 420.9071(28), F.S.
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Scope of Service in Exhibit "A".
H. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by the Collier
County Community and Human Services Division (CHS), perform the tasks necessary to
conduct the program outlined in Exhibit "A".
III. PERIOD OF PERFORMANCE
The effective date of the agreement between COUNTY and SUBRECIPIENT shall be
December 1, 2017. SUBRECIPIENT is authorized to incur eligible expenses after that date.
The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes
of this Agreement. In any event, all services required hereunder shall be completed by the
SUBRECIPIENT prior to June 30, 2019. Any funds not obligated by the expiration date of this
Agreement shall automatically revert to COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using State Housing Initiatives
Partnership Program funding for allowable costs, determined by COUNTY, in an amount not
to exceed TWENTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($24,500.00) for the
services described in Exhibit "A."
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
Community and Human Services Division at its office, presently located at 3339 E Tamiami
Trail, Suite 211, Naples, Florida 34112, and to SUBRECIPIENT when delivered to its office
at the address listed on page one of this Agreement.
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COLLIER COUNTY ATTENTION: Lisa N. Carr, Senior Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: lisacarr@colliergov.net
Telephone: (239) 252-2339
SUBRECIPIENT ATTENTION: Jill Clark, Housing Manager
100 191` Street Suite 109
Rock Island, IL 61201
Email: jclark@growthcorp.org
Telephone: (309) 788-6311
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of the State Housing Initiatives
Partnership Program as described in Sections 420.907-420.9079, Florida Statutes and Chapter
67-37, F.A.C. The SUBRECIPIENT further agrees to utilize funds available under this
Agreement to supplement, rather than supplant, funds otherwise available for specified
activities.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED
PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes, and with the procedures set
forth in Community and Human Services Division Policies and Procedures
memoranda. The Federal, State, and County laws, ordinances and codes, are minimal
regulations supplemented by more restrictive guidelines set forth by Community and
Human Services Division. No payments will be made until approved by Community
and Human Services Division, or designee.
Should a project receive additional funding after the commencement of this
Agreement, the SUBRECIPIENT shall notify Community and Human Services
Division in writing within thirty (30) days of receiving notification from the funding
source and submit a cost allocation plan for approval within forty-five (45) days of
said official notification.
B. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be done specifically
by written contract or agreement, and such subcontracts shall be subject to each
provision of this Agreement and applicable County, State, and Federal guidelines and
regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder,
such subcontracts must be submitted by the SUBRECIPIENT to Community and
Human Services Division for its review and approval, which will specifically include
a determination of compliance with the terms of the attached Scope of Services set
forth in Exhibit "A."
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This review also includes ensuring that all consultant contracts and fee schedules meet
the minimum standards as established by the Collier County Purchasing Department,
Florida Statutes and Florida Housing Finance Corporation. Reimbursements for such
services will be made at SUBRECIPIENT's cost. None of the work or services
covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY
without approval from Community and Human Services Division or its designee.
C. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided
that such amendments make specific reference to this agreement, and are executed in
writing, signed by a duly authorized representative of each organization, and approved
by the Grantee's governing body. Such amendments shall not invalidate this
agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations
under this agreement.
The COUNTY may, in its discretion, amend this agreement to conform with Federal,
State or Local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result in a change in the funding, the scope of
services, or schedule of the activities to be undertaken as part of this agreement, such
modifications will be incorporated only by written amendment, signed by both Grantee
and SUBRECIPIENT.
D. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the
SUBRECIPIENT in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described
in this paragraph. 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.
E. GRANTEE RECOGNITION
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and
similar public notices, whether printed or digitally prepared and released by the
SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement:
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"FINANCED IN PART BY FLORIDA HOUSING FINANCE CORPORATION
(FIIFC) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT.
This design concept is intended to disseminate key information regarding the
development team, as well as Equal Housing Opportunity, to the general public.
F. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, reports
prepared, and capital equipment secured by the SUBRECIPIENT with funds under this,
Agreement shall be returned to COUNTY. In the event of termination, the
SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages
sustained by the COUNTY by virtue of any breach of the Contract by the
SUBRECIPIENT, and the COUNTY may withhold any payment to the
SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and
proper manner its obligations under this Agreement, or if either parry
violates any of the covenants, agreements, or stipulations of this
Agreement, either party shall have the right to terminate this
Agreement in whole or part by giving written notice of such
termination to the other party and specifying therein the effective date
of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its
option and for any reason, terminate this Agreement upon ten (10)
working days written notice to the other party. Upon termination, the
COUNTY shall pay the SUBRECIPIENT for services rendered
pursuant to this Agreement through and including the date of
termination.
TERMINATION DUE TO CESSATION
In the event the State Housing Initiatives Partnership Program is
suspended or terminated, this Agreement shall be suspended or
terminated effective on the date that Florida Housing Finance
Corporation specifies.
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G. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under this
Agreement, insurance of the types and in the amounts described herein and further set
forth in Exhibit `B".
H. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit `B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any
subsection of this contract. The contract is contingent upon receipt of the insurance
documents within fifteen (15) calendar days after the Board of County Commissioners'
approval. If the Insurance certificate is received within the specified period, but not in
the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally
notified of the deficiency and shall have an additional five (5) calendar days to submit
a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of
County Commissioners' approval, the SUBRECIPIENT may be in default of the terms
and conditions of the contract.
VIII. ADMINISTRATIVE REQUIREMENTS
A. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records required by the State
Housing Initiatives Partnership Program and Community and Human
Services Division.
2. All reports, plans, surveys, information, documents, maps, and other
data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for the purpose of this Agreement shall be made
available to the COUNTY at any time upon request by the COUNTY
or Community and Human Services Division. Upon completion of all
work contemplated under this Agreement, copies of all documents and
records relating to this Agreement shall be surrendered to Community
and Human Services Division, if requested. In any event the
SUBRECIPIENT shall keep all documents and records for five (5)
fiscal years funds expended and accounted for and/or satisfaction of
loans whichever is later of this Agreement, as outlined in the General
Schedule for Local Governments (GS I -L) of Florida Department of
State requirements.
Keep and maintain public records required by COUNTY to perform
the service.
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4. Upon request from COUNTY'S custodian of public records, provide
COUNTY with a copy of the requested records or allow the records to
be inspected or copied, within a reasonable time, at a cost that does
not exceed the cost provided in this chapter or as otherwise provided
by law.
Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except
as authorized by law, for the duration of the contract term and
following completion of the contract, if SUBRECIPIENT does not
transfer the records to COUNTY.
6. Upon completion of the contract, transfer, at no cost, to COUNTY all
public records in possession of SUBRECIPIENT or keep and maintain
public records required by COUNTY to perform the service. If
SUBRECIPIENT transfers all public records to the public agency
upon completion of the contract, the SUBRECIPIENT shall destroy
any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If
SUBRECIPIENT keeps and maintains public records upon
completion of the contract, SUBRECIPIENT shall meet all applicable
requirements for retaining public records. All records stored
electronically must be provided to COUNTY, upon request from
COUNTY's custodian of public records, in a format that is compatible
with the information technology systems of COUNTY.
The SUBRECIPIENT shall submit detailed quarterly progress reports
to Community and Human Services Division, outlining the status of
specific activities under the project. Each report must account for the
total activity for which the SUBRECIPIENT is paid with State
Housing Initiatives Partnership Program funds, in part or in whole,
and which is required in fulfillment of their obligation regarding the
project. The progress reports shall be submitted on the attached
Exhibit "D".
8. Failure to adequately maintain any former State Housing Initiatives
Partnership Program funded project may result in the delay of
processing reimbursement requests for ongoing activities or in the
forfeiture of future State Housing Initiatives Partnership Program
funds.
9. The SUBRECIPIENT further agrees that Community and Human
Services Division shall be the final arbiter on the SUBRECIPIENT's
compliance with the above.
B. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate
reports required under this Agreement, and on the resolution of monitoring or audit
findings identified pursuant to this Agreement.
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Quarterly reports will be submitted using the form attached as Exhibit "D".
The SUBRECIPIENT agrees that Community and Human Services Division will carry
out periodic monitoring and evaluation activities, as determined necessary. The
continuation of this Agreement is dependent upon satisfactory evaluation. The
SUBRECIPIENT shall, upon the request of Community and Human Services Division,
submit information and status reports required by Community and Human Services
Division or Florida Housing Finance Corporation to enable Community and Human
Services Division to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow Community and Human Services Division
or Florida Housing Finance Corporation to monitor the SUBRECIPIENT on site. Such
site visits may be scheduled or unscheduled, as determined by Community and Human
Services Division or Florida Housing Finance Corporation.
Community and Human Services Division shall have the right under this Agreement
to suspend or terminate reimbursement until the SUBRECIPIENT complies with any
additional conditions that may be imposed by Community and Human Services
Division, COUNTY, or Florida Housing Finance Corporation at any time.
C. AUDITS AND INSPECTIONS
Non-profit organizations that expend $750,000 or more annually in
state awards shall have a single or program -specific audit conducted
for that year in accordance with Florida Statute 215.97 (Florida Single
Audit Act). Non-profit organizations with state awards of $750,000 or
more, under only one state program, may elect to have a program -
specific audit performed in accordance with the Florida Single Audit
Act.
2. Non-profit organizations that expend less than $750,000 annually in
state awards shall be exempt fi•om an audit conducted in accordance
with FL Statute 215.97, although their records must be available for
review (e.g., inspections, evaluations). These agencies are required by
Community and Human Services Division to submit "Reduced
Scope" audits (e.g., financial audit, performance audits). They may
choose, instead of a Reduced Scope Audit, to have a program audit
conducted for each state award in accordance with the regulations
governing the program in which they participate. Records must be
available for review or audit by appropriate officials of federal and/or
County agencies.
3. At a minimum, each audit shall comply with the Florida Single Audit
Act and include a fiscal review, which includes a validation of all
program -generated income and its disposition, which are attributable
to SHIP funds, an internal control review, and a compliance review.
A copy of the audit report must be received by Community and Human
Services Division no later than nine (9) months, following the end of
the SUBRECIPIENT's fiscal year.
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4. The SUBRECIPIENT shall maintain all contract records in
accordance with generally accepted accounting principles,
procedures, and practices, which shall sufficiently and properly reflect
all revenues and expenditures of funds provided directly or indirectly
by COUNTY pursuant to the terms of this contract.
S. The SUBRECIPIENT shall maintain all contract records that
document all actions undertaken to accomplish as outlined in Exhibit
"A" of this Agreement.
6. The SUBRECIPIENT shall ensure that the contract records shall be,
at all times, subject to and available for full access and review,
inspection, or audit by COUNTY or state personnel and any other
personnel duly authorized by COUNTY.
7. The SUBRECIPIENT shall include in all Community and Human
Services Division approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic
services, as such services are described in this contract and defined by
Community and Human Services Division, each of the recordkeeping
and audit requirements detailed in this contract. Community and
Human Services Division shall, in its sole discretion, determine when
services are eligible substantive programmatic services and subject to
the audit and recordkeeping requirements described above.
D. PURCHASING
If applicable, the SUBRECIPIENT shall make all purchases for consumable, capital
equipment and services by purchase order or by written contract in conformity and in
full compliance with the procedures prescribed by applicable Florida Statutes (FL
statute 287.017) and the Collier County Purchasing rules, whichever is more stringent.
Range:
Competition Required
$0-$3,000
1 Verbal Quote
$3,000 - $10,000
3 Verbal Quotes
$10,000 - $50,000
3 Written Quotes
$50,000+
Bids, Proposals, Contracts (ITB,
RFP, etc
All improvements specified in Part I. Scope of Work shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding, under a
procedure acceptable to the COUNTY and Federal requirements. The
SUBRECIPIENT shall enter into contracts for improvements with the lowest,
responsible and qualified bidder. Contract administration shall be handled by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and
documents related to the project.
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E. DEBARMENT
The SUBRECIPIENT certifies that no officer or agent of the SUBRECIPIENT has
been debarred from bidding, proposing, or contracting for federal, state, or local
government programs. The SUBRECIPIENT assures that all its subcontractors who
will participate in activities which are subject to this agreement are eligible and have
not been debarred.
F. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but
not limited to: sale and occupancy of the unit (if applicable), making final payments,
disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the
COUNTY), and determining the custodianship of records.
IX. OTHER PROGRAM REQUIREMENTS
A. PROGRAM BENEFICIARIES
The project funded under this Agreement shall assist beneficiaries for the term of the
assistance, as designated in Exhibit "A" of this Agreement. The SUBRECIPIENT shall
provide written verification of compliance to Community and Human Services
Division, on an on-going quarterly basis throughout the life of the agreement, as well
as final total for all beneficiaries served during the entire term of the agreement.
B. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that Community and Human Services Division will carry
out periodic monitoring and evaluation activities as determined necessary by
Community and Human Services Division or the COUNTY and that the continuation
of this Agreement is dependent upon satisfactory evaluation conclusions based on the
terms of this Agreement, comparisons of planned versus actual progress relating to
project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT
agrees to furnish upon request to Community and Human Services Division, the
COUNTY or the COUNTY'S designees and make copies or transcriptions of such
records and information, as is determined necessary by Community and Human
Services Division or the COUNTY. The SUBRECIPIENT shall, upon the request of
Community and Human Services Division, submit information and status reports
required by Community and Human Services Division, or the COUNTY on forms
approved by Community and Human Services Division to enable Community and
Human Services Division to evaluate said progress and to allow for completion of
reports required of Community and Human Services Division by Florida Housing
Finance Corporation. The SUBRECIPIENT shall allow Community and Human
Services Division to monitor the SUBRECIPIENT on site. Such site visits may be
scheduled or unscheduled, as determined by Community and Human Services Division
and the Florida Housing Finance Corporation.
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C. CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this contract. Penalties may be imposed for failures
to implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted
an escalation policy to ensure continued compliance by Subrecipients, Developers, or
any entity receiving grant funds from CHS. CHS's policy for escalation for non-
compliance is as follows:
Initial non-compliance may result in Findings or Concerns being
issued to the entity and will require a corrective action plan be
submitted to the Division within 15 days following issuance of the
report.
Any pay requests that have been submitted to the Division for payment
will be held, until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the
entity, as needed, in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a
timely manner to the Division, the Division may require a portion of
the awarded grant amount be returned to the Division.
The County may require upwards of five percent (5%) of the award
amount be returned to the Division, at the discretion of the Board of
County Commissioners.
The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue
or repeats an issue that was previously corrected, and has been
informed by the Division of their substantial non-compliance by
certified mail; the Division may require a portion of the awarded grant
amount or the amount of the CDBG investment for acquisition of the
properties conveyed, be returned to the Division.
The Division may require upwards of ten percent (10%) of the award
amount be returned to the Division, at the discretion of the Board of
County Commissioners.
The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be
substantially non- compliant, the Division may recommend the
contract or award be terminated.
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The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract._
The Entity will be required to repay all funds disbursed by the County
for the project that was terminated. This includes the amount invested
by the County for the initial acquisition of the properties or other
activities. The entity will be considered in violation of Resolution No.
2013-228
If in the case the Entity has multiple agreements with the Division and is found to be non-
compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
D. CONFLICT OF INTEREST
In accordance with Section 112.313 Florida Statutes, the SUBRECIPIENT covenants
that no person who presently exercises any functions or responsibilities in connection
with the Project, has any personal financial interest, direct or indirect, in the target
areas or any parcels therein, which would conflict in any manner or degree with the
performance of this Agreement and that no person having any conflict of interest shall
be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of
interest on the part of the SUBRECIPIENT or its employees shall be disclosed in
writing to Community and Human Services Division provided, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and very low-income residents of the project target area.
E. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Florida Statutes by entering into this Agreement or
performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its
affiliates, suppliers, subcontractors and consultants who will perform hereunder, have
not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required Section 287.133 (3)(a), Florida Statutes.
F. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No State Housing Initiatives Partnership Program appropriated funds
have been paid or will be paid, to any person for influencing or
attempting to influence an officer or employee of any agency, in
connection with the award of any State Housing Initiatives Partnership
Program contract, the making of any State Housing Initiatives
Partnership Program grant, the malting of any State Housing
Initiatives Partnership Program loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any State Housing Initiatives
Partnership Program contract, grant, loan, or cooperative agreement.
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2. Any lobbying efforts regarding the award of any State Housing
Initiatives Partnership Program contract, the making of any State
Housing Initiatives Partnership Program grant, the making of any
State Housing Initiatives Partnership Program loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any State Housing Initiatives
Partnership Program contract, grant, loan, or cooperative agreement
must be carried out by a State of Florida registered lobbyist comply
with Florida Statutes 112.3215.
3. The undersigned shall require that the language of this certification be
included in the award documents for all sub -awards at all tiers
(including subcontracts, sub -grants, and contracts under grants, loans,
and cooperative Agreements) and that all SUBRECIPIENTS shall
certify and disclose accordingly.
X. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not
be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
XI. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to
be an original, and such counterparts will constitute one and the same instrument.
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitute the entire understanding. The parties hereby acknowledge that there have been and
are no representations, warranties, covenants, or undertakings other than those expressly set
forth herein.
(Signature Page to Follow)
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 13
IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST
DWIGHT E. BROCK, CLERK
Date:
Approved as to form and legality:
Jennifer Belpedio
Assistant County Attorney
Date:
BOARD OF COUNTY
COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
.&A /IVI' M No a211 114@ 9 N 9LI 10122
By:,04— 0` 4-11
Date:
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 14
EXHIBIT "A"
SCOPE OF SERVICES
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation
SHR FY 2016-2017
HOMEBUYER/FINANCIAL MANAGEMENT EDUCATION AND COUNSELING
A. PROJECT SCOPE:
SUBRECIPIENT proposes to use State Housing Initiatives Partnership (SHIP) funds for the
following activities:
• Pre -Purchase Homebuyer Counseling
• Homebuyer Education Workshop
• Financial Management Education -Money Management
• Financial Literacy Workshop
• Web Based Curriculum Portal
The SUBRECEIPIENT must be a HUD certified counseling agency and provide services under
this Agreement in Collier County.
B. METHOD OF PAYMENT:
The COUNTY agrees to make available TWENTY- FOUR THOUSAND FIVE HUNDRED
DOLLARS ($24,500.00) from SHIP 2016-2017 funding year is reserved to complete the
activities under this Agreement.
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted
fund shifts among line items shall not be more than 10% of the total funding amount and does
not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed
for eligible costs, and all disbursements requests must be limited to the amount needed at the
time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting
from obligations incurred during the term of this agreement. Invoices for work performed are
required every month. If no work has been performed during that month, or if the
SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required.
Explanations will be required if two consecutive months of $0 invoices are submitted.
Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not
more frequently than once per month. Reimbursement will not occur if Subrecipient fails to
perform the minimum level of service required by this agreement.
Final invoices are due no later than 90 days after the end of the agreement. 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.
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 15
The County Manager or designee may extend the tetra of this agreement for a period of up to
180 days after the end of the agreement. Extensions must be authorized, in writing, by formal
letter to the Subrecipient.
No payment will be made until approved by CHS for grant compliance and adherence to any
and all applicable Local, State or Federal requirements. Payment will be made upon receipt of
a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise
known as the "Local Government Prompt Payment Act."
C. BUDGET:
Line Item:
Unit Cost
Counseling: Pre -Purchase for homebuyers Minimum 3
$375/per household
sessions per household
Determine dates of education classes;
Homebuyer Education Workshops, 1 to 50 participants
$2,000 per 8 hour session or
develop and provide pre -purchase
two 4 hour sessions
Financial Management Education -Money Management
$150/course
Course
Financial Literacy Workshop
$175/worksho
Development and on-going administration of on line /
$500.00 one-time fee
web based pre -purchase curriculum
D. PROJECT MILESTONE SCHEDULE:
The time frame for completion of the outlined activities shall be:
MILESTONE/TASK
START DATE
END DATE
Determine dates of education classes;
December 1, 2017
June 30, 2019
develop and provide pre -purchase
counseling; homebuyer education
workshops; financial management
education courses- money management
courses; financial literacy workshops;
establish on line curriculum and portal to
allow certification
This agreement shall allow reimbursement of expenses for all eligible costs associated with
the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid
E. PROJECT DELIVERABLES:
1. Provide evidence of current U.S. Housing and Urban Development Approved
Counseling Agency status; and
2. Company's organizational chart and staff position descriptions
3. Quarterly Progress Reports
4. Workshop/counseling locations and agendas
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 16
F. PERFORMANCE DELIVERABLES:
Program Deliverable
Deliverable Supporting
Documentation
Submission Schedule
Provide pre -purchase
Class/workshop schedule and
On-going per occurrence
counseling; homebuyer
agenda
Request for payment shall
education workshops; financial
counseling session
management -financial literacy
be submitted once a month
courses;
flyers. (Deliverable 2,3,5)
G. PAYMENT DELIVERABLES:
The following table details the project deliverables and payment schedule.
Deliverable
Supporting
Documents
Payment Schedule
1.
Pre -purchase homebuyer
A.
Workshop/counseling
Request for payment shall
counseling session
locations and workshop
be submitted once a month
flyers. (Deliverable 2,3,5)
for all activities completed
2.
Homebuyer Education Workshop
during the previous month
B.
Sign in sheet for each
period.
3.
Financial Management
workshop with a client
Education -Money Management
identifier or name and signed'
Course
by facilitator. Deliverable
2,3,5)
4.
Financial Literacy Workshop
C.
Sign in sheet for each
5.
Establish and maintain an on line
counseling session including
pre -purchased web based
client identifier or signature
curriculum
and facilitator. (Deliverable
1)
D.
Documentation of web based
curriculum and url location
(Deliverable 6 via screenshot)
E.
Exhibit C All Deliverables
Duplication of clients between deliverable tasks is permitted.
Rock Island Economic Growth Corporation d1h/a Economic Growth Corporation
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 17
El Y
UMIT "B"
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services
Division Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than
$300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be
shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles
used in connection with this contract in an amount not less than $300,000 per occurrence for combined
Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per
occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall
become legally obligated to pay as damages from claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the Certificate of Occupancy is
issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1— 4 above, the SUBRECIPIENT shall provide or cause
its Subcontractors to provide original policies indicating the following types of insurance coverage
prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not
less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The
policy shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or the maximum
amount of coverage available through the National Flood Insurance Program (NFIP), whichever is
greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided
as such time that he buildings' walls and roof exist.
OPERATION/MANAGI]NIENT PHASE (IF APPLICABLE)
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page IS
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and/or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage available through
the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 19
EXMIT "C"
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION L• REQUEST FOR PAYMENT
Subrecipient Name: Rock Island Economic Growth Corporation d/b/a Economic Growth
Corporation
Subrecipient Address: 100 19' Street Suite 109, Rock Island, IL 61201
Project Name: STATE HOUSING INITIATIVES PARTNERSHIP
HOMEBUYER EDUCATION AND COUNSELING
Project No: 16-17 BBE 001 Payment Request #
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION H: STATUS OF FUNDS
l.Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3.Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4.Amount of Today's Request
5.10% Retainage Amount Withheld
6.Current Grant Balance (Initial Grant Amount Award
request) ( includes Retainage)
N/A
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required $15,000 and above) (Approval Required $15,000 and
above)
Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 20
EXMIT "D"
QUARTERLY PROGRESS REPORT
Complete form for past quarter and submit to Community & Human Services staff by the 10`I' of the
following month. (January 10t7i, April 10'" July 10`h & October 10`,')
Housing counseling Agency
Activity Report
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State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement Page 21
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Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation
State Housing Initiatives Partnership Homebuyer Education and Counseling
2016-2017 SHIP Housing Counseling Agreement
Page 22
CERTIFICATION FOR THE SUBRECIPIENT OR DEVELOPER OR VENDOR ENTITY
CERTIFICATION FOR THE GRANTEE ENTITY
Only one required per entity signed by an authorized representative
REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF
INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR
NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON
AGREEMENTS/SUB-AGREEMENTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and
Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal
Register (52 Fed. Reg., pages 20360-20369).
The Board of County Commissioners further adopted a Resolution (2013-228) effective October 8, 2013
to establish application screening criteria for Collier County administered federal and state grants. The
resolution specifies this list of interested parties refers to the following representatives of the grantee
organization under any form of arrangement or agreement:
Each Board of Directors member
Officers of the Board
Executive Director
All employees and supervisors that will work on the grant
Definitions: (Note: The Definitions (1) will be tailored for the applicable grantprogranil
(1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily
excluded," as used in this certification, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulations), Part 76. Contact Collier Community and Human Services or go to www.HUD.gov
website for assistance in obtaining a copy of those regulations.
(2) The term substantial non-compliance or non-conformance as used in this certification includes:
• Return of awarded grant funds on more than one occasion in the last three years
• Non-compliance with a monitoring corrective action plan
• Other substantial non-compliance or non-conformance of a grant
• The organization applying for grant funding is hereby certifying and will follow the below listed:
1. Each grantee of federal or state financial and non-financial assistance must sign this debarment
certification at time of application. Independent auditors who audit federal or state programs
regardless of the dollar amount are required to sign this certification form to include certification
of debarment. Collier County Community and Human Services or its agreement
grantee/contractors will not contract with subcontractors if they are debarred or suspended by the
federal government.
2. Each entity applying for a grant from Collier County will assure all individuals and positions
listed above complete and submit appropriate certifications.
3. The grantee shall provide immediate written notice to the grant coordinator at any time the
grantee/contractor learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The grantee further agrees by submitting this certification that, it shall not knowingly enter into
any sub -agreement with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this contract unless authorized by the Federal Government.
5. The grantee further agrees by submitting this certification that it will require each
contractor/subcontractor of agreements and/or contracts referencing this contract whose payment
will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with
each sub -agreement.
6. The grantee may rely upon a certification by a subcontractor entity that it is not debarred,
suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the
grantee/contractor knows that the certification is erroneous.
7. The grantee has adopted conflict of interest policies and procedures within their organization and
will provide a copy of such prior to the execution of an agreement should the grant application be
funded. If the grantee does not have conflict of interest policies and procedures they must adopt
policies/procedures for determining when a conflict of interest exists and disclosing it to the
public as required by the applicable program requirements.
The prospective grantee certifies, by signing this certification, that neither the entity nor their above noted
principals and respective employees, within the last three years:
(1) Has been debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily
excluded from participation in contracting with Collier County Community and Human Services
by any federal department or agency. Where the prospective grantee is unable to certify to any of
the statements in this certification, such prospective grantee shall attach an explanation to this
certification.
(2) Has had a real or apparent conflict of interest
(3) Has falsified documents
(4) Has substantial non-compliance or non-conformance with performance under a grant with Collier
County or any other entity
Collier County Community and Human Services will rely on the certifications of this document as hue
and reliable.
However, the County reserves the right to request additional documentation prior to making a final
determination.
Collier County Community and Human Services may rely upon a certification by a nonprofit organization
that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting or subcontracting
unless the department knows that the certification is erroneous.
This certification is a material representation of fact upon which reliance is placed when this
application is submitted. If it is later determined that the signed knowingly rendered an erroneous
certification, the Federal Government (via Section 1001 of Title 18 USC for making false statements)
and Collier County may pursue available remedies, including suspension, debarment, grant award
retraction, and/or suspension from applying for awards for three years under Resolution
2013-228.
10�{00-�TS �AnCi �vww- C. l?'�-t-� �•OrPJJ c.%�
Name of Organization: V'/b'A
Signature of Authorized Individual
Date It I I i l -I
�ruu.1-�Iler�.loac�c. `�es � �dr4 C �i�
Name and Title of Authorized Individual
(Print or type)
CERTIFICATION FOR THE DIRECTORS OF THE BOARD, EXECUTIVE DIRECTOR,
EMPLOYEE OR SUPERVISOR
One EACH for every director, the executive director, and each staff member proposed to be
directly working on or overseeing a staff member directly working on the grant
REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF
INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR
NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON
AGREEMENTS/SUB-AGREEMENTS
The Board of County Commissioners adopted a Resolution (2013-228) effective October 8, 2013 to
establish application screening criteria for Collier County administered federal and state grants. The
resolution specifies this list of interested patties refers to the following representatives of the grantee
organization under any form of arrangement or agreement:
Each Board of Directors member
Officers of the Board
Executive Director
All employees and supervisors that will work on the grant
Definitions:
(1) The terms "debarred," "suspended," "ineligible," "person," "principal," and 'voluntarily
excluded," as used in this certification, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulations), Part 76. Contact Collier County Community and Human Services or go to
www.HIJD.gov website for assistance in obtaining a copy of those regulations.
(2) The term substantial non-compliance or non-conformance as used in this certification includes:
• Return of awarded grant funds on more than one occasion in the last three years
• Non-compliance with a monitoring corrective action plan
• Other substantial non-compliance or non-conformance of a grant
The undersigned certifies, by signing this certification, that, within the last three years, they have not:
Been debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in contracting with Collier County Community and Human
Services by any federal department or agency. (Where the prospective individual is unable to
certify to any of the statements in this certification, such individual shall attach an
explanation to this certification.)
2. Had a real or apparent conflict of interest
3. Falsified documents
4. Had substantial non-compliance or non-conformance with performance under a grant with
Collier County or any other entity
The undersigned shall provide immediate written notice to the grantee at any time the undersigned learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
Collier County Community and Human Services will rely on the certification of this document
as true and reliable. However, the County reserves the right to request additional documentation prior to
making a final determination.
This certification is a material representation of fact upon which reliance is placed when this
application is submitted. If it is later determined that the signed knowingly rendered an erroneous
certification, the Federal Government (via Section 1001 of Title 18 USC for making false statements)
and Collier County may pursue available remedies, including suspension, debarment, grant award
retraction, and/or suspension from applying for awards for three years under Resolution
2013-228.
G� b) a C W tiOYw L �y Orpa rc.-I,L�
Name of Organization
Role of undersigned (Director, Executive Director, Employee [specify role], Supervisor [specify role]
Signature
ZXIGn C>�1t�nci� Date:
T
Print or type name of signatory