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Backup Documents 05/25/2010 Item #10CORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J® C THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU P(IIn on pink paper Aaach to original documcnr Original docunxnr +should br I and delivered :o the I low ul01 fic% -I he completed fouling slip and original documents arc to be forwarded to the Board Office onh after th, Board has taken action on the item ROUTING SLIP Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sitmature. draw a line through routine lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in muting order Office Initials Date I.Colleen Greene County Attorney G(Y1 r". ZSr ► o- 2. Ian Mitchell, Supervisor Board of County Commissioners Agenda Item Number S�ZiI(o Approved by the BCC 3. Minutes and Records Clerk of Court's Office C/ L' Type of Document 4. Number of Original 4 Attached 5. Documents Attached 6. 1- "1105- 0'AWK1391 VETO a 191 afil] 11113 V�ILIV 10M (The primary contact is the holder of the original document pending BCC approval Normally the primary contact is the person who cremed/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Rosa Munoz, Grants Coordinator Phone Number 252 -5713 Contact appropriate. (initial) Applica ble) Agenda Date Item was May 25, 2010 Agenda Item Number 161) Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed C/ L' Type of Document SHIP Homebuyer Education - Sub - Recipient Number of Original 4 Attached Agreements Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (initial) Applica ble) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be RM signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. y y� resolutions, etc. signed by the County Attomey's Office and signature pages from Cl t' contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the RM document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's RM signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip NA should be provided Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on May 25, 2010 (enter date) and all RM changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 10C MEMORANDUM Date: May 26, 2010 To: Rosa Munoz, Grants Mgmt. Coordinator Housing & Human Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: SHIP Homebuyer Education -Sub- Recipient Agreements Tax ID #59- 3682139 & #38- 3695928 Attached please find an original of each agreement as referenced above, (Agenda Item #10C), approved by the Board of County Commissioners on Tuesday, May 25, 2010. The Minutes & Records Department has retained the original which will be kept as part of the Board's permanent record. If you have any questions, please feel free to contact me at 252 -8411. Thank you. 10C AGREEMENT BETWEEN COLLIER COUNTY AND THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION (EASF) STATE HOUSING INITIATIVES PARTNERSHIP HOMEBUYER EDUCATION AND COUNSELING' CSFA #52.901 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and The Empowerment Alliance of SW Florida Community Development Corporation (EASF), hereinafter referred to as "SPONSOR ", a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at 750 South Fifth Street, Immokalee, Florida 34142, and its Federal Tax Identification number as 59- 3682139. WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program; and WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertaking certain activities to primarily benefit persons or households earning not greater than 120% of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2007 -2010 Local Ilousing Assistance Plan was adopted by the Board of County Commissioners on April 24, 2007, Resolution No. 2007 -96; and WHEREAS, the COUNTY and the SPONSOR 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 SPONSOR 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: I. DEFINITIONS "Low- income person" or "low- income household" means the definition set forth in Section 420.9071(19), F.S. "Moderate- income person" or "moderate- income household" means the definition set forth Section 420.9071(20), F.S. IL SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by Housing and Human Services, perform the tasks necessary to conduct the program outlined in Exhibit "A III. TIME OF PERFORMANCE The effective date of the agreement between COUNTY and SPONSOR shall be July 1, 2009. SPONSORS are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to Housing EASF /SHIP Page 1 of 22 2009 Agreement Homebuyer Education & Counseling 10C and Human Services consent. The services of the SPONSOR 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 SPONSOR prior to June 30, 2011. Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SPONSOR 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 Thirty Five Thousand and 00 /100 Dollars ($35,000.00) for the services described in Exhibit "A." V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing and Human Services at its office, presently located at 3301 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, and to SPONSOR when delivered to its office at the address listed on page one (I) of this Agreement. VI. SPECIAL CONDITIONS The SPONSOR agrees to comply with the requirements of the State Housing Initiatives Partnership Program as described in Sections 420.907- 420.9079, F.S. and Chapter 67 -37, F.A.C. The SPONSOR 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 SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes, and with the procedures outlined in Housing and Human Services' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes, are minimal regulations supplemented by more restrictive guidelines set forth by Housing and Human Services. No payments will be made until approved by Housing and Human Services, or designee. Should a project receive additional funding after the commencement of this Agreement, the SPONSOR shall notify Housing and Human Services 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 SPONSOR 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 SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the SPONSOR to Housing and Human Services 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." This review also includes ensuring that all consultant contracts and fee schedules meet the EASF /SHIP Page 2 of 22 2009 Agreement Homebuyer Education & Counseling 1oc 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 SPONSOR'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 SPONSOR or reimbursed by the COUNTY without prior approval from Housing and Human Services or its designee. C. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarification, or an extension of time and schedule that do not change the project. or exceed the amount funded by the County, as stated herein. Any modification to this contract shall be in compliance with the Collier County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. D. INDEMNIFICATION To the maximum extent permitted by Florida law, the SPONSOR 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 SPONSOR or anyone employed or utilized by the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 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, F.S. E. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by Housing and Human Services in all publications and publicity. In addition, the SPONSOR will make a good faith effort to recognize Housing and Human Services' support for all activities made possible with funds made available under this Agreement. If applicable, the SPONSOR will mount a temporary construction sign for projects funded by Housing and Human Services. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This sign construction utilizes a minimum conventional 4'X8' plywood back panel and other conventional construction materials and methods and shall comply with applicable Collier County Codes. 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 SPONSOR with funds under this Agreement shall be returned to COUNTY. In the event of termination, the SPONSOR shall not be relieved of liability to the EASF /SHIP Page 3 of 22 2009 Agreement Homebuyer Education & Counseling IOC COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set -off purposes until such time as the exact amount of damages due to the COUNTY from the SPONSOR is determined. 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 party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon 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 SPONSOR 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. G. INSURANCE SPONSOR 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. SPONSOR LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit'B" shall not relieve the SPONSOR 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 SPONSOR 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 SPONSOR 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 SPONSOR shall be in default of the terms and conditions of the contract. VIII. ADMINISTRATIVE REQUIREMENTS A. DOCUMENTATION AND RECORDKEEPING EASF /SHIP Page 4 of 22 2009 Agreement Homebuyer Education & Counseling dk r. The SPONSOR shall maintain all records required by the State Housing Initiatives Partnership Program and Housing and Human Services. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY at any time upon request by the COUNTY or Housing and Human Services. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to Housing and Human Services, if requested. In any event the SPONSOR shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SPONSOR shall submit detailed monthly progress reports to Housing and Human Services outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR 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 Schedule "D -2 ". 4. If indirect costs are charged, the SPONSOR will develop an indirect cost allocation plan for determining the appropriate SPONSOR's share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 5. 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. 6. The SPONSOR will be responsible lot the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under the State Housing Initiatives Partnership Program. 7. The SPONSOR further agrees that Housing and Human Services shall be the final arbiter on the SPONSOR's compliance with the above. B. REPORTS, AUDITS, AND EVALUATIONS Advance payments and /or 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. Monthly reports will be submitted using the form attached as Schedule "D -2" and will be accompanied by a Request for Payment if applicable. The SPONSOR agrees that Housing and Human Services will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluation. The SPONSOR shall, upon the request of Housing and Human EASF /SHIP Page 5 of 22 2009 Agreement Homebuyer Education & Counseling IQC Services, submit information and status reports required by Housing and Human Services or Florida Housing Finance Corporation to enable Housing and Human Services to evaluate said progress and to allow for completion of reports required. The SPONSOR shall allow Housing and Human Services or Florida Housing Finance Corporation to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as determined by Housing and Human Services or Florida Housing Finance Corporation. C. ADDITIONAL, HOUSING AND HUMAN SERVICES. COUNTY, AND FLORIDA HOUSING FINANCE CORPORATION Housing And Human Services shall have the right under this Agreement to suspend or terminate reimbursement until the SPONSOR complies with any additional conditions that may be imposed by Housing And Human Services, COUNTY, or Florida Housing Finance Corporation at any time. Additional requirements are listed on Exhibit "C ". D. AUDITS AND INSPECTIONS Non - profit organizations that expend $500,000 or more annually in federal or state awards shall have a single or program - specific audit conducted for that year in accordance with OMB A -133. Non - profit organizations expending federal or state awards of $500,000 or more under only one federal or state program may elect to have a program- specific audit performed in accordance with OMB A -133. SPONSORS who will be receiving, or who have received, federal or state awards for loans or loan guaranteed programs with may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. Non -profit organizations that expend less than $500,000 annually in federal or state awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by Housing and Human Services 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 federal award in accordance with federal laws and 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. When the requirements of OMB A -133 apply, or when the SPONSOR elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal or state awards attributable to this contract have been received by the SPONSOR. Each audit shall include a fiscal review, which includes a validation of all program- generated income and its disposition, especially attributable to SHIP funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by Housing and Human Services no later than six months following the end of the SPONSOR's fiscal year. 4. If an audit is required by Section "D" of this Agreement, but the requirements of OMB A -133 or Florida Housing Finance Corporation do not apply or are not EASF /SHIP Page 6 of 22 2009 Agreement Homebuyer Education & Counseling elected, the SPONSOR may choose to have an audit performed either on the basis of the SPONSOR's fiscal year or on the basis of the period during which Housing and Human Services' federal or state assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report in triplicate must be received by Housing and Human Services no later than six (6) months following each audit period. 5. The SPONSOR 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. 6. The SPONSOR shall maintain all contract records that document all actions undertaken to accomplish the Scope of Services outlined in Exhibit "A" of this Agreement. 7. The SPONSOR 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 and federal or state personnel and any other personnel duly authorized by COUNTY_ 8. The SPONSOR shall include in all Housing and Human Services' 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 Housing and Human Services, each of the record - keeping and audit requirements detailed in this contract. Housing and Human Services shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above. E. GRANT CLOSEOUT PROCEDURES SPONSOR'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, 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 One hundred percent (100 %) of the beneficiaries of the project funded through this Agreement must be persons or households earning not greater than 120% of median annual income adjusted for family size. The project funded under this Agreement shall assist beneficiaries for the term EASF /SHIP Page 7 of 22 2009 Agreement Homebuyer Education & Counseling 10C of the assistance, as designated in Exhibit "A" of this Agreement. The SPONSOR shall provide written verification of compliance to Housing and Human Services, on an annual basis, upon Housing and Human Services' request. B. EVALUATION AND MONITORING The SPONSOR agrees that Housing and Human Services will carry out periodic monitoring and evaluation activities as determined necessary by Housing and Human Services 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 SPONSOR agrees to furnish upon request to Housing and Human Services, the COUNTY or the COUNTY'S designees and make copies or transcriptions of such records and information, as is determined necessary by Housing and Human Services or the COUNTY. The SPONSOR shall, upon the request of Housing and Human Services, submit information and status reports required by Housing and Human Services, or the COUNTY on forms approved by Housing and Human Services to enable Housing and Human Services to evaluate said progress and to allow for completion of reports required of Housing and Human Services by Florida Housing Finance Corporation. The SPONSOR shall allow Housing and Human Services to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as determined by Housing and Human Services and the Florida Housing Finance Corporation. C. CONFLICT OF INTEREST The SPONSOR 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 SPONSOR. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed in writing to Housing and Human Services 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. D. PUBLIC ENTITY CRIMES As provided in Section 287.133, Fla. Slat. by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required Section 287.133 (3)(a), F.S. E. DRUG -FREE WORKPLACE REQUIREMENTS The SPONSOR, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with U.S. Housing and Urban Development rules at 24 CFR Part 24, subpart F. EASF /SHIP Page 8 of 22 2009 Agreement Homebuyer Education & Counseling 10C CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No State Housing Initiatives Partnership Program appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any 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. If any funds other than 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, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this State Housing Initiatives Partnership Program contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative Agreements) and that all SPONSORS 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. EASF /SHIP Page 9 of 22 2009 Agreement Homebuyer Education & Counseling IN WITNESS WHEREOF, the Sponsor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 25h day of May, 2010. ATTEST: D HT n tOCY CLERK V-AX14W 41, b` - l(� o; atre4a s �.I zc, 1 c, First Witness Typelprint itness name Secon Witness Type/print witness name BOARD OF COUNTY COMMISSIONERS OF COLLIEkC LINTY, FLORIDA FRED W. COYLE, CHAIRMAN The Empowerment Alliance of SW Florida Community Development_Corpomtion (EA Signature Edward R. Olesky, Chairman Type/print Subrecipient mane and title Approved as to form and legal sufficiency: Coll —M kl" —'�-- Assistant County Attorney Item# •IUC Agenda S a5 YU Date Date L ReQ Deputy Cleric EASF /SHIP Page 10 of 22 2009 Agreement Homebuyer Education & Counseling i C EXHIBIT "A" SCOPE OF SERVICES THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION (EASE) STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM HOMEBUYER EDUCATION AND COUNSELING THE SPONSOR AGREES TO: A. PROJECT SCOPE: The Empowerment Alliance Corporation of Southwest Florida ( "SPONSOR ") proposes to use State Housing Initiatives Partnership funds for homebuyer education and one -on -one homebuyer counseling to individuals seeking to purchase a home, or who already own a home and are concerned about foreclosure or predatory lending practices. Approximately 200 individuals will benefit from nineteen (19) homebuyer education classes. " ]'his funding will also provide approximately fifty (50), one-on-one homebuyer counseling sessions, supplies and training. The SPONSOR is certified by the Neighbor Works Center of Homeownership Education and Counseling (NCHEC). The SPONSOR is also a U.S. Housing and Urban Development Approved Counseling Agency operating in an area designated by said agency. Housing and Human Services is using State Housing Initiatives Partnership Program funds in the amount of Thirty Five Thousand and 00 /100 Dollars ($35,000.00) for this project. The SPONSOR agrees to complete the following: a. Provide evidence of U.S. Housing and Urban Development Approved Counseling Agency status; and b. Conduct nineteen (19), Intro to Homeownership classes. The Intro to Homeownership class will cover budgeting, credit and credit scores, and the steps to becoming a homeowner including determining affordability and breakdown of a monthly mortgage payment, loan options, and looking for a house. The class will be offered at various locations in Eastern Collier County including Immokalee, and the Collier County Extension office in Naples. c. Conduct approximately Fifty (50) one -on -one counseling sessions. d. Reach approximately 250 attendees per year. e. Provide post home purchase follow -up counseling. B. BUDGET: Line Item State Housing Initiatives Partnership Program Funds Homebuyer Education Classes (19 classes at $1,500.00 per class $28,500.00 Supplies $2,500.00 (Books, folders, copies, & Supplies,for classes) EASF /SHIP Page 11 of 22 2009 Agreement Homebuyer Education & Counseling 10C Individual counseling Sessions $2,500.00 (50 one -on -one sessions at 850 per client Determine dates of workshops Training $1,500.00 (Registration, Travel, Food & Lodging) July 1, 2009 _ TOTAL $35,000.00 Clarifications to the quantity and types of work to be conducted under Exhibit "A" will be processed by a Change by Letter, Exhibit "A -1 ", and made an integral component of this Agreement. C. PROJECT MILESTONE SCHEDULE: The time frame for completion of the outlined activities shall be: MILESTONE /TASK START DATE END DATE Determine dates of workshops Jul 1, 2009 June 30, 2011 Provide homebuyer education classes; nineteen (19) serving a total population of approximately 200 persons July 1, 2009 June 30, 2011 Provide fifty (50) clients with one -on -one individual counseling sessions July 1, 2009 June 30, 2011 Reach approximately 250 persons _ July 1, 2009 June 30, 2011 NOTE. Performance milestones are in effect for program monitoring requirements only, and as such, are used by Florida Housing Finance Corporation as general target goals rather than strict performance requirements. 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. Please note that if any of these activities exceed the timelines by two (2) months a revised work schedule must be submitted to Housing and Human Services. EASF /SHIP Page 12 of 22 2009 Agreement Homebuyer Education & Counseling EXHIBIT "A -1" CHANGE BY LETTER COLLIER COUNTY GOVERNMENT Housing and Human Services Public Services Division Date Ms. Dottie Cook, Executive Director Empowerment Alliance of Southwest Florida Community Development Corporation 750 South Fifth Street Immokalee, FL 34142 Grant Coordinator 3301 E Tamiami Trail Naples, Florida 34112 Phone: (239) 252 -4663 RE: Zero Dollar Contract Change Notification Re: Contract # (Homebuyer Education and Counseling) Project # Purchase Order # Dear Ms. Cook: 10C By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r The above referenced contract time is hereby extended by (number of days] calendar days. The new completion date shall be on or before [month and day], [year]. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories [professional position(s)] [hourly rate(s)] Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications Sincerely, Grant Coordinator cc: Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department EASF /SHIP Page 13 of 22 2009 Agreement Homebuyer Education & Counseling 10C EXHIBIT `B" INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Housing and Human Services Department, 3301 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 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 SPONSOR or the licensed design professional employed by the SPONSOR in an amount not less than $300,000 per occurrence providing for all sums which the SPONSOR and /or the design professional shall become legally obligated to pay as damages from claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR 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 l — 4 above, the SPONSOR 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 SPONSOR. 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) 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. EASF /SHIP Page 14 of 22 2009 Agreement Homebuyer Education & Counseling 10C 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. EASE /SHIP Page 15 of 22 2009 Agreement Homebuyer Education & Counseling EXHIBIT `°C" ADDITIONAL REQUIREMENTS There are no additional requirements. EASF /SHIP 2009 Agreement Homebuyer Education & Counseling Page 16 of 22 10C 10C EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -la Release and Affidavit Form D -2 SHIP Monthly Progress Report EASF /SHIP Page 17 of 22 2009 Agreement Homebuyer Education & Counseling 2. 3. 4. 10C SCHEDULE "D -1" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sponsor Name: The Empowerment Alliance of SW FL Community Development Corporation (EASF) Sponsor Address: 750 South Fifth Street, Immokalee Florida 34142 Project Name: Homebuyer Education & Counseling Project No: SH09 -02 Payment Request # Dollar Amount Requested: SECTION Il: STATUS OF FUNDS Grant Amount Awarded Sum of Past Claims Paid on this Account Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests 5. Amount of Today's Request $ 35,000.00 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terns and conditions of the Agreement between COUNTY and us, as SPONSOR. 1 also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) EASF /SHIP Page 18 of 22 2009 Agreement Homebuyer Education & Counseling 10 SCHEDULE "D -la" RELEASE AND AFFIDAVIT FORM The SPONSOR certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SPONSOR'S (monthly /final) Request for Payment. Witness: f3'/I Print name and title STATE OF FLORIDA COUNTY OF COLLIER SPONSOR DATE: I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (He/ she/ they) executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this day of .2010. My Commission Expires: (Seal) Notary Public's Signature Print Name EASF /SHIP Page 19 of 22 2009 Agreement Homebuyer Education & Counseling SCHEDULE "D -2" MONTHLY PROGRESS REPORT 10C Complete form for past month and submit to Housing and Human Services' staff by the 10`h of the following month. Status Report for Month of: Submittal Date: Project Name: Homebuyer Education & Counselinc Project Number: SH09 -02 Activity Number: N/A Sponsor: The Empowerment Alliance of SW Florida Community Development Corporation (EASE) Contact Person: Dottie Cook Executive Director Telephone: 239- 658 -3315 Fax: 239- 657 -3084 E -mail: cmaloneghfhcollier.com 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month). 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. EASF /SHIP Page 20 of 22 2009 Agreement Homebuyer Education & Counseling 10C New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following a e) Ethnicity (see definitions on following age Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS. TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in Box 1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in Box "3. ° Of these households or persons assisted, _ are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in Box °4. " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted (0 -30% ) (31 -50 %) EASF /SHIP Page 21 of 22 2009 Agreement Homebuyer Education & Counseling Sponsors must indicate total beneficiaries for Race and Ethnicity 10 C Definitions of Race • White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. • Black or African - American: A person having origins in any of the black racial groups of Africa. • Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. • American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. • Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # Hispanic White Black or African American Asian _ American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian /Alaska Native and White Asian and White Black/African American and White American Indian /Alaskan Native and Black/African American Other Multi - Racial TOTAL: EASRSHIP Page 22 of 22 2009 Agreement Homebuyer Education & Counseling AGREEMENT BETWEEN COLLIER COUNTY 1 O v AND HOUSING DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP HOMEBUYER EDUCATION AND COUNSELING' CSFA #52.901 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Housing Development Corporation of Southwest Florida, hereinafter referred to as "SPONSOR ", a private not- for -profit corporation existing under the laws of the State of Florida, having its principal office at 4779 Enterprise Avenue, Naples, FL 34104, and its Federal Tax Identification number as 38- 3695928. WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program; and WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertaking certain activities to primarily benefit persons or households earning not greater than 120% of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2007 -2010 Local Housing Assistance Plan was adopted by the Board of County Commissioners on April 24, 2007, Resolution No. 2007 -96; and WHEREAS, the COUNTY and the SPONSOR 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 SPONSOR 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: I. DEFINITIONS "Low- income person" or "low- income household" means the definition set forth in Section 420.9071(19), F.S. "Moderate- income person" or "moderate- income household" means the definition set forth Section 420.9071(20), F.S. IL SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by Housing and Human Services, perform the tasks necessary to conduct the program outlined in Exhibit "A III. TIME OF PERFORMANCE The effective date of the agreement between COUNTY and SPONSOR shall be July 1, 2009. SPONSORS are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to Housing and Human Services consent. The services of the SPONSOR shall be undertaken and completed in light of the HDC /SHIP Page I of 22 2009 Agreement Homebuyer Education & Counseling 10C purposes of this Agreement. In any event, all services required hereunder shall be completed by the SPONSOR prior to June 30, 2011. Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SPONSOR 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 Thirty Five Thousand and 00 /100 Dollars ($35,000.00) for the services described in Exhibit "A." V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing and Human Services at its office, presently located at 3301 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, and to SPONSOR when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SPONSOR agrees to comply with the requirements of the State Housing Initiatives Partnership Program as described in Sections 420.907- 420.9079, F.S. and Chapter 67 -37, F.A.C. The SPONSOR 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 SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes, and with the procedures outlined in Housing and Human Services' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes, are minimal regulations supplemented by more restrictive guidelines set forth by Housing and Human Services. No payments will be made until approved by Housing and Human Services, or designee. Should a project receive additional funding after the commencement of this Agreement, the SPONSOR shall notify Housing and Human Services 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 SPONSOR 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 SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the SPONSOR to Housing and Human Services 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." 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 HDC /SHIP Page 2 of 22 2009 Agreement Homebuyer Education & Counseling IOC Statutes and Florida Housing Finance Corporation. Reimbursements for such services will be made at SPONSOR'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 SPONSOR or reimbursed by the COUNTY without prior approval from Housing and Human Services or its designee. C. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarification, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modification to this contract shall be in compliance with the Collier County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. D. INDEMNIFICATION To the maximum extent permitted by Florida law, the SPONSOR 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 SPONSOR or anyone employed or utilized by the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 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, F.S. E. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by Housing and Human Services in all publications and publicity. In addition, the SPONSOR will make a good faith effort to recognize Housing and Human Services' support for all activities made possible with funds made available under this Agreement. If applicable, the SPONSOR will mount a temporary construction sign for projects funded by Housing and Human Services. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This sign construction utilizes a minimum conventional 4'X8' plywood back panel and other conventional construction materials and methods and shall comply with applicable Collier County Codes. 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 SPONSOR with funds under this Agreement shall be returned to COUNTY. In the event of termination, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by HDC /SHIP Page 3 of 22 2009 Agreement Homebuyer Education & Counseling l©C the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set -off purposes until such time as the exact amount of damages due to the COUNTY from the SPONSOR is determined. 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 party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon 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 SPONSOR for services rendered pursuant to this Agreement through and including the date of termination. 3. 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. G. INSURANCE SPONSOR 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. SPONSOR LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SPONSOR 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 SPONSOR 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 SPONSOR 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 SPONSOR shall be in default of the terms and conditions of the contract. VIII. ADMINISTRATIVE REQUIREMENTS A. DOCUMENTATION AND RECORDKEEPING HDC /SHIP Page 4 of 22 2009 Agreement Homebuyer Education & Counseling 10C 1. The SPONSOR shall maintain all records required by the State Housing Initiatives Partnership Program and Housing and Human Services. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY at any time upon request by the COUNTY or Housing and Human Services. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to Housing and Human Services, if requested. In any event the SPONSOR shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SPONSOR shall submit detailed monthly progress reports to Housing and Human Services outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR 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 Schedule "D -2 ". 4. If indirect costs are charged, the SPONSOR will develop an indirect cost allocation plan for determining the appropriate SPONSOR's share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 5. 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. 6. The SPONSOR will be responsible for the creation and maintenance of income eligible tiles on clients served and documentation that all households are eligible under the State Housing Initiatives Partnership Program. 7. The SPONSOR further agrees that Housing and Human Services shall be the final arbiter on the SPONSOR's compliance with the above. B. REPORTS, AUDITS, AND EVALUATIONS Advance payments and /or 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. Monthly reports will be submitted using the form attached as Schedule "D -2" and will be accompanied by a Request for Payment if applicable. The SPONSOR agrees that Housing and Human Services will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluation. The SPONSOR shall, upon the request of Housing and Human Services, submit information and status reports required by Housing and Human Services or HDC /SHIP Page 5 of 22 2009 Agreement Homebuyer Education & Counseling 1QC Florida Housing Finance Corporation to enable Housing and Human Services to evaluate said progress and to allow for completion of reports required. The SPONSOR shall allow Housing and Human Services or Florida Housing Finance Corporation to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as determined by Housing and Human Services or Florida Housing Finance Corporation. C. ADDITIONAL HOUSING AND HUMAN SERVICES, COUNTY, AND FLORIDA HOUSING FINANCE CORPORATION Housing And Human Services shall have the right under this Agreement to suspend or terminate reimbursement until the SPONSOR complies with any additional conditions that may be imposed by Housing And Human Services, COUNTY, or Florida Housing Finance Corporation at any time. Additional requirements are listed on Exhibit "C ". D. AUDITS AND INSPECTIONS Non - profit organizations that expend $500,000 or more annually in federal or state awards shall have a single or program - specific audit conducted for that year in accordance with OMB A -133. Non - profit organizations expending federal or state awards of $500,000 or more under only one federal or state program may elect to have a program - specific audit performed in accordance with OMB A -133. SPONSORS who will be receiving, or who have received, federal or state awards for loans or loan guaranteed programs with may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Non - profit organizations that expend less than $500,000 annually in federal or state awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by Housing and Human Services 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 federal award in accordance with federal laws and 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. When the requirements of OMB A -133 apply, or when the SPONSOR elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal or state awards attributable to this contract have been received by the SPONSOR. Each audit shall include a fiscal review, which includes a validation of all program - generated income and its disposition, especially attributable to SHIP funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by Housing and Human Services no later than six months following the end of the SPONSOR's fiscal year. 4. If an audit is required by Section "D" of this Agreement, but the requirements of OMB A -133 or Florida Housing Finance Corporation do not apply or are not elected, the SPONSOR may choose to have an audit performed either on the HDC /SHIP Page 6 of 22 2009 Agreement Homebuyer Education & Counseling 10L basis of the SPONSOR's fiscal year or on the basis of the period during which Housing and Human Services' federal or state assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report in triplicate must be received by Housing and Human Services no later than six (6) months following each audit period. 5. The SPONSOR 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. 6. The SPONSOR shall maintain all contract records that document all actions undertaken to accomplish the Scope of Services outlined in Exhibit "A" of this Agreement. 7. The SPONSOR 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 and federal or state personnel and any other personnel duly authorized by COUNTY. 8. The SPONSOR shall include in all Housing and Human Services' 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 Housing and Human Services, each of the record - keeping and audit requirements detailed in this contract. Housing and Human Services shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above. E. GRANT CLOSEOUT PROCEDURES SPONSOR'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, 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 One hundred percent (100 %) of the beneficiaries of the project funded through this Agreement must be persons or households earning not greater than 120% of median annual income adjusted for family size. The project funded under this Agreement shall assist beneficiaries for the term of the assistance, as designated in Exhibit "A" of this Agreement. The SPONSOR shall provide HDC /SHIP Page 7 of 22 2009 Agreement Homebuyer Education & Counseling 100 written verification of compliance to Housing and Human Services, on an annual basis, upon Housing and Human Services' request. B. EVALUATION AND MONITORING The SPONSOR agrees that Housing and Human Services will carry out periodic monitoring and evaluation activities as determined necessary by Housing and Human Services 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 SPONSOR agrees to furnish upon request to Housing and Human Services, the COUNTY or the COUNTY'S designees and make copies or transcriptions of such records and information, as is determined necessary by Housing and Human Services or the COUNTY. The SPONSOR shall, upon the request of Housing and Human Services, submit information and status reports required by Housing and Human Services, or the COUNTY on forms approved by Housing and Human Services to enable Housing and Human Services to evaluate said progress and to allow for completion of reports required of Housing and Human Services by Florida Housing Finance Corporation. The SPONSOR shall allow Housing and Human Services to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as determined by Housing and Human Services and the Florida Housing Finance Corporation. C. CONFLICT OF INTEREST The SPONSOR 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 SPONSOR. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed in writing to Housing and Human Services 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. D. PUBLIC ENTITY CRIMES As provided in Section 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required Section 287.133 (3)(a), F.S. E. DRUG -FREE WORKPLACE REQUIREMENTS The SPONSOR, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with U.S. Housing and Urban Development rules at 24 CFR Part 24, subpart F. HDC /SHIP Page 8 of 22 2009 Agreement Homebuyer Education & Counseling IOC CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No State Housing Initiatives Partnership Program appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any 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. 2. If any funds other than 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, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this State Housing Initiatives Partnership Program contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative Agreements) and that all SPONSORS 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. HDC /SHIP Page 9 of 22 2009 Agreement Homebuyer Education & Counseling l0% IN WITNESS WHEREOF, the Sponsor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 25" day of May, 2010. ATTEST: D T E. BROCK. Dated: (SRAI First Witness BOARD OF COUNTY COMMISSIONERS OF �CL�,ER�K COLLIER C U TY, FLORIDA�`�V�� to i�C By L-Lk W _C14 IPNn S FRED W. COYLE, CHAIRMAN ve✓ ro Type print witness name Second W itnes � y n" 4 Type /print witness name Housing Development Corporation of Southwest Florida By: Subrecipient Signature Kathy Patterson, Executive Director Type /print Subrecipient name and title Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney Item # Agenda Gate P2, Dae Z% HDC /SHIP Page 10 of 22 2009 Agreement Homebuyer Education & Counseling 10C EXHIBIT "A" SCOPE OF SERVICES HOUSING DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM HOMEBUYER EDUCATION AND COUNSELING THE SPONSOR AGREES TO: A. PROJECT SCOPE: The Housing Development Corporation of Southwest Florida ( "SPONSOR ") proposes to use State Housing Initiatives Partnership funds for homebuyer education and pre - purchase counseling, extended credit counseling and foreclosure prevention services to residents of Collier County. The SPONSOR will provide ten (10), seven (7) hour homebuyer education workshops to approximately 250 persons. Furthermore, SPONSOR will provide pre - purchase, extended credit counseling or foreclosure prevention services to approximately 100 persons or families. The SPONSOR is certified by the Neighbor Works Center of Homeownership Education and Counseling (NCHEC). The SPONSOR is also a U.S. Housing and Urban Development Approved Counseling Agency operating in an area designated by said agency. Housing and Human Services is using State Housing Initiatives Partnership Program funds in the amount of Thirty Five Thousand and 00 /100 Dollars ($35,000.00) for this project. The SPONSOR agrees to complete the following: a. Provide evidence of U.S. Housing and Urban Development Approved Counseling Agency status; and b. Conduct ten (10), seven (7) hour homebuyer education workshops to approximately 250 persons; and c. Provide pre - purchase, extended credit counseling or foreclosure prevention services to approximately 100 persons or families; and d. Reach approximately 350 persons or families per year. B. BUDGET: Line Item State Housing Initiatives Partnership Program Funds Homebuyer education workshops $30,000.00 (10 workshops at $3, 000.00 per workshop) Pre - purchase, extended credit counseling or foreclosure prevention services $5,000.00 (100 sessions at $50 per sessions) TOTAL $35,000.00 HDC /SHIP Page I I of 22 2009 Agreement Homebuyer Education & Counseling 10C Clarifications to the quantity and types of work to be conducted under Exhibit "A" will be processed by a Change by Letter, Exhibit "A -1 ", and made an integral component of this Agreement. C. PROJECT MILESTONE SCHEDULE: The time frame for completion of the outlined activities shall be: MILESTONE /TASK START DATE END DATE Determine dates of workshops July I, 2009 June 30, 2011 Provide homebuyer education workshops; ten (10) July 1, 2009 June 30, 2011 seven (7) hour workshops held serving a total population of approximately 250 persons (i.e. 25 persons per workshop). Provide pre - purchase, extended credit counseling July 1, 2009 June 30, 2011 or foreclosure prevention services; 100 sessions held serving a total population of approximately 100 persons (i.e. one (1) person per session). Reach approximately 350 persons July 1, 2009 June 30, 2011 NOTE: Performance milestones are in effect for program monitoring requirements only, and as such, are used by Florida Housing Finance Corporation as general target goals rather than strict performance requirements. 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. Please note that if any of these activities exceed the timelines by two (2) months a revised work schedule must be submitted to Housing and Human Services. HDC /SHIP Page 12 of 22 2009 Agreement Homebuyer Education & Counseling 10C COLLIER COUNTY GOVERNMENT Housing and Human Services Public Services Division Date Kathy Patterson 4779 Enterprise Avenue Naples, Florida 34104 EXHIBIT "A -1" CHANGE BY LETTER Grant Coordinator 3301 E Tamiami Trail Naples, Florida 34112 Phone: (239) 252 -4663 RE: Zero Dollar Contract Change Notification Re: Contract # (Homebuyer Education and Counseling) Project # Purchase Order # Dear Ms. Patterson: By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: i— The above referenced contract time is hereby extended by [number of days] calendar days. The new completion date shall be on or before [month and day], [year]. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories [professional position(s)] [hourly rate(s)] r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications Sincerely, Grant Coordinator cc: Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department HDCJSHIP Page 13 of 22 2009 Agreement Homebuyer Education & Counseling IOC EXHIBIT `B" INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Housing and Human Services Department, 3301 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 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 SPONSOR or the licensed design professional employed by the SPONSOR in an amount not less than $300,000 per occurrence providing for all sums which the SPONSOR and /or the design professional shall become legally obligated to pay as damages from claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUC -r10N PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SPONSOR 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 SPONSOR. 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) 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. HDC /SHIP Page 14 of 22 2009 Agreement Homebuyer Education & Counseling 10C 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. HDC /SHIP Page 15 of 22 2009 Agreement Homebuyer Education & Counseling EXHIBIT "C" ADDITIONAL REQUIREMENTS There are no additional requirements. HDC /SHIP Page 16 of 22 2009 Agreement Homebuyer Education & Counseling 10C EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -la Release and Affidavit Form D -2 SHIP Monthly Progress Report HDC/SHIP Page 17 of 22 2009 Agreement Homebuyer Education & Counseling 10 SCHEDULE "D -1" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sponsor Name: The Housing Development Corporation of Southwest Florida Sponsor Address: 4779 Enterprise Avenue, Naples, Florida 34104 Project Name: Homebuyer Education & Counseling Project No: SH09 -01 Payment Request 4 Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I . Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3• Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) 10C $ 35,000.00 certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between COUNTY and us, as SPONSOR. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Dept Director HDC /SHIP 2009 Agreement Homebuyer Education & Counseling (approval authority under $14,999) (approval required $15,000 and above) Page 18 of 22 10C SCHEDULE "D -la" RELEASE AND AFFIDAVIT FORM The SPONSOR certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SPONSOR'S (monthly /final) Request for Payment. Witness: M, Print name and title STATE OF FLORIDA COUNTY OF COLLIER SPONSOR BY: ITS: DATE: I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (He/ she/ they) executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this day of .2010. My Commission Expires: (Seal) Notary Public's Signature Print Name HDC /SHIP Page 19 of 22 2009 Agreement Homebuyer Education & Counseling 10C SCHEDULE "D -2" MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing and Human Services' staff by the It/ h of the following month. Status Report for Month of: Submitta Project Name: Homebuyer Education & Counseling Project Number: SH09 -01 Activity Number: N/A Sponsor: The Housing Development Corporation of Southwest Florida Contact Person: Kathy Patterson, Executive Director Telephone: 239-434-2397 Fax: 239-430-2387 E -mail: cmalone e hfhcollier.com Date: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month). 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. HDC /SHIP Page 20 of 22 2009 Agreement Homebuyer Education & Counseling 10C New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following ae) Ethnicity (see definitions on following ae) Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS. TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in Box 1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in Box "4. " NOTE: The total oJ'Boxes 2, 3 and 4 should equal the number in Box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in hnr "5 ° hvlow BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted 0 -30% 31 -50 %) HDC /SHIP Page 21 of 22 2009 Agreement Homebuyer Education & Counseling Sponsors must indicate total beneficiaries for Race and Ethnicity Definitions of Race 1oc • White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. • Black or African - American: A person having origins in any of the black racial groups of Africa. • Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. • American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. • Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, reeardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # R6 panic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian /Alaska Native and White Asian and White _ Black/African American and White American Indian /Alaskan Native and Black/African American Other Multi - Racial _ TOTAL: HDC /SHIP Page 22 of 22 2009 Agreement Homebuyer Education & Counseling i w W m Z w H a 0 z W a 11 a w a 0 z w c� J a w J F- Z oc a w a W J a 6 Q W 0 Z m m F- V w m W H O It iz IL O Q O CD w x z a 0 w 2 U. 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