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Agenda 12/11/2018 Item #16D 712/11/2018 EXECUTIVE SUMMARY Recommendation to approve First Amendment to State Housing Initiative Partnership (SHIP) Program Subrecipient Agreement with Housing Development Corporation of SW Florida, Inc. d/b/a HELP to increase funding in the amount of $22,500 for Homebuyer Education and Counseling Program for State FY16/17. OBJECTIVE: To continue to promote affordable housing strategies for very low, low, and moderate- income persons through the SHIP Program. 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. On January 24, 2017, the Board of County Commissioners (Board) approved the supplemental SHIP Program Housing Counseling funds for State FY16/17. The use of these funds allows local governments to provide first-time homebuyer counseling and/or provide additional counseling that has not been funded previously such as foreclosure prevention or financial coaching. These activities must 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. On December 12, 2017, Agenda Item #16D16, the County entered into two (2) Subrecipient Agreements with Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation and Housing Development Corporation of SW Florida, Inc. d/b/a HELP to administer the SHIP Homebuyer Education and Counseling Program. On October 31, 2018, Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation submitted a formal written notice of Agreement Termination to the County, thereby leaving $22,500 in unspent SHIP funds. Housing Development Corporation of SW Florida, Inc. d/b/a HELP has the capacity to expend the remaining funds before the expenditure deadline of June 30, 2019. HELP will offer additional homebuyer classes and financial counseling sessions to meet the needs of the community. The proposed amendment increases the funding by $22,500 and clarifies line items in the budget, 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 this amendment will allow the County to continue with affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. RECOMMENDATION: To approve First Amendment to State Housing Initiative Partnership Program Subrecipient Agreement with Housing Development Corporation of SW Florida, Inc. d/b/a HELP to increase funding in the amount of $22,500 for Homebuyer Education and Counseling Program for State FY16/17. Prepared By: Don Luciano, Grants Coordinator, Community and Human Services Division 16.D.7 Packet Pg. 1902 12/11/2018 ATTACHMENT(S) 1. Collier County SHIP termination letter 10.31.18 (PDF) 2. First Amendment HELP - Signed (PDF) 3. SUB AGRMT 2017 12-12 SHIP HELP-Executed (PDF) 16.D.7 Packet Pg. 1903 12/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doc ID: 7357 Item Summary: Recommendation to approve First Amendment to State Housing Initiative Partnership (SHIP) Program Subrecipient Agreement with Housing Development Corporation of SW Florida, Inc. d/b/a HELP to increase funding in the amount of $22,500 for Homebuyer Education and Counseling Program for State FY16/17. Meeting Date: 12/11/2018 Prepared by: Title: – Community & Human Services Name: Donald Luciano 11/15/2018 12:19 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 11/15/2018 12:19 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 11/15/2018 1:16 PM Community & Human Services Leslie Davis Additional Reviewer Completed 11/15/2018 2:48 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 11/15/2018 5:18 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/16/2018 9:30 AM Community & Human Services Cormac Giblin Additional Reviewer Completed 11/19/2018 8:39 AM Public Services Department Kimberley Grant Level 2 Division Administrator Review Completed 11/16/2018 10:30 AM Grants Therese Stanley Level 2 Grants Review Completed 11/19/2018 8:12 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/19/2018 4:55 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/20/2018 9:03 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/20/2018 9:21 AM County Attorney's Office Emily Pepin CAO Preview Completed 11/20/2018 2:51 PM Budget and Management Office Ed Finn Additional Reviewer Completed 11/20/2018 3:45 PM Grants Therese Stanley Additional Reviewer Completed 11/21/2018 10:21 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/27/2018 12:47 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM 16.D.7 Packet Pg. 1904 16.D.7.a Packet Pg. 1905 Attachment: Collier County SHIP termination letter 10.31.18 (7357 : SHIP Homebuyer Education Amendment) 16.D.7.b Packet Pg. 1906 Attachment: First Amendment HELP - Signed (7357 : SHIP Homebuyer Education Amendment) 16.D.7.b Packet Pg. 1907 Attachment: First Amendment HELP - Signed (7357 : SHIP Homebuyer Education Amendment) 16.D.7.b Packet Pg. 1908 Attachment: First Amendment HELP - Signed (7357 : SHIP Homebuyer Education Amendment) 16.D.7.b Packet Pg. 1909 Attachment: First Amendment HELP - Signed (7357 : SHIP Homebuyer Education Amendment) 16.D.7.b Packet Pg. 1910 Attachment: First Amendment HELP - Signed (7357 : SHIP Homebuyer Education Amendment) AGREEMENT BETWEEN COLLTER COUNTY AND Housinq Developnent Corporation of SW f,'lorida. Inc. d/b/a HELP STATE HOUSING INITIATIWS PARTNERSHIP EOMEBIIYER EDUCATION AND COUNSELING csFA #52.9012*L THIS AGREEMENT is made and enrered into t,Ulk, Jffi 20 [), by and between Collier County, a political subdivision of the State ofFlorid4 ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trai1, Naples FL 34112, and t}re Ilousing Development Corporation of SW Florida, Inc. d/b/a IIELP. hereinafter referred ro as*SUBRECIPIENT", a private not-for-profit corporation existing under the laws ofthe State ofFlorida, having its principal office at 3200 Bailey Lane, Suite 109 Naples, Florida 34105. WEEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of Florida in 1992 provided a dedicated revenue sowce for affordable housing in Florida and created the State Housilg Initiatives Parnrership (SHIP) Program; WHEREAS' the State Housing Initiative Prograrn is established in accordance with Sectron 420.901-9079, Floida Statutes and Chapter 67-37, Florida Administrative Code; and WHEREAS' the COUNTY is a participant in the State Housing lniiiatives Parhrership Program; a:rd WIIEREAS, the Fiscai 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 \4THERXAS, tlre COIINTY and the SUBRECIPENT desire to provido the services specified in Exhibit "A" ofthis Agreement, in accordance with the approved Local Housing Assistance Plan; and WHEREAS, the COI-INTY desires to engage tle SIJBRECIPIENT 16 imFlernent zuch undertaki:rgs as specified in Exhibit "A" aad determines that they are valid and worthwhile County purposes. NOW TffiREFORE, in consideration oftle mutual promises and covena:rts herein contained, it is agreed by the Parties as follows: HousiDg Developmetrt Corporation of SW Florid4 Inc. d/b/a 1IELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2015-2017 SHIP Housing Counseling Agreement Grant - SHIP FY 201G2017 Activitv: - Ilomebuver Education SIJBRECIPIENT: - Housing Development Corporation of SW Florida, Inc. d/b/a IIELP DUNS # - 830181330 csFA # - 52.901 FEIN: 38-3695928 Page I 16.D.7.c Packet Pg. 1911 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) PART I I. DEFINTTIONS AND PI]RPOSE A. DEFIMTIONS 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. 'Yery Low-Income person" or "very low-income household" means the definition set forth in Section 420.9071(28), F.S. B. PURPOSE The purpose ofthis Agreement is to state the covenalts and conditions under which the SUBRECIPIENT will implement the Scope of Sewice in Exhibit *A". tr. SCOPEOFSERVICES The SIIBRECIPIENT shall, in a satisfactory and proper ma:rner, as determined by the Collier County Community and Human Sewices Division (CHS), perform the tasks necessary to conduct the program outlhed in Exhibit "A"- III. PERIODOFPERT'ORMANCE fhe effecfive date of the agreement between COUNTY and SUBRECIPIENT shall be December 1, 2017. SIIBRECIPIENT is authorized to incur eligible expenses a{ter that date. The services ofthe STIBRECIPIENT shall be undertaken and completed in light ofthe purposes of this Agreement. [r any event, all services required hereunder sha1l be completed by the SUBR-ECIPIENT prior to June 30,2019. Any firnds not obligated by the expiration date ofthis Agreement shall automatically revert to COIINTY. IV. CONSIDERATION AND LI]\ItrTATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNry using State Housing kritiatives Partnership hogram firnding for allowable costs, determined by COUNTY, in an amount not to exceed TWINTY FOIIR TIIOUSAND BIGHT HII|IDRXD SEVENTY SEVEN DOLLARS ($24,877.00) for the services described in Exhibit 'A.' Y. NOTICES All notices required to be given under this Agreement shall be sufhcient when delivered to Cornmunity and Human Services Division at its office, presently located at 3339 E Tamiami Trail, Suite 211, Naples, Floridr-34112, and to SUBRECIPIENT when delivered to its office at the address listed on page one of this Agreement. Housing Developmeot Corporation of SW Florid4 hc. d,/b/a HELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counselitrg Agreement Page 2 16.D.7.c Packet Pg. 1912 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) COLLIER COUNTY ATTENTION: Lisa N. Can, Senior Grant Coordinator 3339 E Tamiarni Trail, Suite 211 Naples, Florida 34112 Email: lisacarr@coliiergov.net Telephone: (23 9) 252 -23 3 9 SUBRECIPIENT ATTENTION:MichaelPuchalla,ExecutiveDirector 3200 Bailey Lane, Suite 109 Naples, Florida 34105 Email: michael@collierhousing.com Telephone: (239) 43 4-2391 SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of the State Housing lnitiatives Partnership Program as described in Sections 420.907-420.9079,F1oida Statutes and Chapter 67 -31 , F .A.C . The SIJBRECIPIENT firther agrees to utilize firnds available under this Agreement to supplement, ratler than supplant, fimds otherwise available for specified activities. Gf,NERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SUBRECIPIENT shal1 implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes, and with the procedures set forth in Community a:rd Human Sewices Division Policies and Procedures memomada. The Federal, State, and County laws, ordina:rces 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 shal1 notifi Community and Human Services Division in writing within thfty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval within forty-frve (45) days of said offrcial notillcation B. SLIBCONTRACTS Any work or sewices 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, a:rd Federal guidelines and regulations. Prior to execution by the SIJBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRICIPIENT to Community and Human Services Division for its review and approval, which will specifically include a determiration of compliance witl the terms of the attached Scope of Services set fortl in Exhibit'A." Housing Deyelopment Corporation of SW Florid4 Inc. d/b/a HELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseling Agreement Page 3 16.D.7.c Packet Pg. 1913 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasi.ng 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 STIBRECIPIENT or reimbursed by the COUNTY without approval fiom Community and Human Services Division or its designee. 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 autlorized representative ofeach organization, and approved by the Grantee's goveming body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or STIBRECIPIENT from its obligations under this agreement. The COUNTY may, in its discretion, amend this agreement to conform with Federal, State or Local govemmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the firndhg, the scope of services, or schedule ofthe activities to be undertaken as part of this agreemen! such modifications will be incorporated only by written amendment, signed by both Grantee and SUBRECIPIENT. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnifu and hold harmless Collier County, its officers and employees fioon any and all iiabilities, dirmages, 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 SIIBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in tle perfomrance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce a:ry otler rights or remedies which otherwise may be available to an indemnified parly 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 constihrte a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. GRANTEE RECOGMTION The SLTBRECIPIENT 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 behalfof, and/or about the Program shall include the statement: D, E, Housing Development Corporatioo ofSW Florid4 Inc. d,/b/a HELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing CouIlseling Agreement Page 4 16.D.7.c Packet Pg. 1914 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) r- *FINANCED IN PART BY FLORIDA HOUSING FINANCE CORPORTATION CFI{IC) AND COLLIER COLINTY COMMLTNITY AND HTIMAN SERVICES DIViSION." and shail appear in the same size letters or type as the name of the SIIBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity, to the general public. TERMINATION In event of temrination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepmed, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be retumed to COLINTY. In the event of termination, the SIIBRECIPIENT shall not be relieved of liability to the COIINTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SIIBRECIPIENT, and the COIINTY may witbhold any pa).rnent to the STIBRECIPIENT for set-offpurposes until such time as the exact amount of damages due to the COUNTY from the SLBRECIPIENT is determined. 1.TERMINATION FOR CAUSE If tbrough any cause either party shall fail to fuIfi1l in timely and proper manner its obligations under this Agreement, or if either party violates any of the covenants, agreements, or stipulations of this Agreenen! 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 specifoing therein the effective date of tennination. TERMiNATION FOR CONVENTENCE At any time during the terrn of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to tle other party. Upon termination, the COLINTY shall pay the SLIBRECIPIENT for sewices rendered pusuant to this Agreement through and hcluding the date of termination. TERMINATION DUE TO CESSATION In the event the State Housing lnitiatives Partnership Program is suspended or termiaated, this Agreement shall be suspended or terminated effective on the date that Florida Housine Finance Comoration soecifies. 2. 3. Housing Development Corporation of SW Florid4 Inc. d,/b/a HELP State Housing hitiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseling Agreement Page 5 16.D.7.c Packet Pg. 1915 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) INSI'RANCE SUBRECIPIENT shall obtain and carry, at al1 times during its performance under this Agreement, insurance of the tpes and in the amounts described herein and further set forth in Exhibit "B". SUBPGCIPIENT LIABILITY OBLiGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the STIBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The conhact is contingent upon receipt of tle insuralce documents within frfteen ( 15) calendar days a{ier the Board ofcounty Commissioners' approval. Ifthe Insurance certificate is rec.eived within the specified period, but not in tl-re 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 conected Certificate to the County. If the SUBRECiPIENT fails to submit the required insurance documents in the ma:rner presoribed il these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, tle SIIBRECIPIENT may be in default of the terms and conditions ofthe contract. VIU. ADMINISTRATIWREOUIREMENTS DOCIIMENTATION AND RECORDKXEPING 2. 1. 3. 4. The SUBRECIPIENT shall maintain all records required by the State Housing Initiatives Parnrership Program and Community and Human Services Division. A11 reports, plans, suweys, 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 COIINTY at any time upon request by the COUNTY or Conmunity and Humal 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 Commwrity and Human Services Division, if requested. ln 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 tlis Agreemenl as outlined in the General Schedule for Local Govemments (GSl-L) of Florida Deparhnent of State requirements. Keep and maintain public records required by COLTNTY to perform the service. Upon request fiom COLINTY'S custodian ofpublic records, provide COIINTY with a copy ofthe requested records or allow t}te records to Housing Development Corporation of SW Florid4 Inc. d/b/a HELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseling Agreement Page 6 16.D.7.c Packet Pg. 1916 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) B, 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 tlat public records that are exempt or conftdential and exempt Ilom public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following compietion of the contract, if STIBRECIPIENT does not transfer the records to COIINTY. 6. Upon completion ofthe contract tralsfer, at no cos! to COTINTY all public records in possession of SLIBRECIPIENT or keep and mailtain public records required by COUNTY to perform the service. If SUBRECIPIENT transfers ail 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 ofthe 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, i:r a format that is compatible witl the information tecbaology systems of COUNTY. 7. The SUBRECIPIENT shall submit detailed quarterly progress reports to Comffunity and Human Services Division, outlining tle 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 Parbrership Program funds, in part or in whole, and which is required in fulfiliment of their obligafion regarding the project. The progress reports shall be submitted on the attached Exliibit "D'. 8. Failure to adequately maintain any former State Housing hitiatives Partrership hogram firnded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State Housing Initiatives Partnership Program fimds. 9. The SUBRECIPIENT further agrees ttrat Comnunity and Human Services Division shall be the final arbiter on tle SIIBRECIPIENT's compliance with the above. REPORTS. AUDITS. AND EVAI,UATiONS Reirnbursement will be contingent on the timely receipt of complete ald accurate reports requhed under tlis Agreement and on the resolution of monitoring or audit findings identi-Ged pu.rsuant to this Agreement. Quar:terly reports will be submitted using tle form attached as Exhibit "D". Housing Development CoDoration of SW Florid4 Inc. d./b/a IIELP State Housing Initiatives Partnership Homebuyer Educatiol and Counseling 2015-2017 SHIP Housing Counseling Agreement PaEe'7 16.D.7.c Packet Pg. 1917 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) The SUBRECIPIENT agrees that Community and Human Services Division will carry out periodic monitoring and evaluation activifies, as determiled necessary. The continuation of this Agreement is dependent upon satisfactory evaluation. The SIJBRECiPIENT shall, upon the request of Community and Human Services Division, submit information and status reports requhed 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 FloridaHousing Finance Corporation to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by Community and Huma:r Sewices 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 SIIBRECIPIENT complies with aly additional conditions that may be imposed by Community and Huma:r Services Division, COUNTY, or Florida Housing Finance Corporation at any time. AUDITS AND INSPECTIONS i. Non-profit organizations fhat expend $750,000 or more a::nua11y in state awards shall have a single or pro$am-specific audit conducted for that year in accordance with Florida Statute 215.97 (Fiorida Single Audit Act). Non-profit organizations with state awards of $750,000 or more, under only one state prograrn, may elect to have a program- specific audit performed in accordance with the Florida Single Audit Act. 2. Non-profrt 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., finalcial audi! performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each state award in accorda:rce with the regulations goveming tle program in which they participate. Records must be available for review or audit by appropriate offrcials offederal and/or Counlr 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 i:rcome and its disposition, which are attributable to SHIP funds, an intemal control review, and a compliance review. A copy ofthe 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 STIBRECIPIENT shal1 maintain a.ll contract records in accordance witl generally accepted accounti.ng principles, Housing Development Corporation of SW Florida, loc. d/b/a IIELP State Housing lnitiatives Parroership Homebuyer Educatiol and Counseling 2016-2017 SHIP Housing Counselirg Agreement Page 8 16.D.7.c Packet Pg. 1918 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) D, procedures, and practices, which shall sufFrciently and properly reflect all revenues and expenditures of funds provided directly or indirectly by COUNTY pursuant to the tems of this contract. 5. The SIIBRECIPIENT 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 revieq inspection, or audit by COUNTY or state personnel and any other personnel duly authorized by COUNTY. 7 . Tlte SIJBRECIPIENT 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 ofthe recordkeeping and audit requirements detailed il this contract. Community and Human Services Division shall, in its sole discretion" determine when services are eligible substantive programmatic services and subject to t}te audit and recordkeeping requirements described above. PTIRCHASING lf applicable, the SUBRECIPIENT shall make all purchases for consumable, capital equipment and services by purchase order or by written contract il conformity and in full compliance witl tle pocedures prescribed by applicable Florida Statutes (FL statute 287.017) and the Collier County Purchasing rules, whichever is more stringent. Ranqe:Comoetition Required $0-$3.000 I Verbal Quote $3.000 - $10.000 3 Verbal Quotes $10.000 - $50.000 3 Written Quotes $50,000+Bids, Proposals, Conhacts flTB, RFP, etc) All improvements specified in Pafi I. Scope of Work shall be performed by SIIBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shail enter into conhacts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored bv CHS. which shall have acc€ss to a1l records and documents related to the oroiect. Housing Development Corporation of SW Florida, hc. d,/b/a IIELP State Housing Iniiiatives Parhe6hip Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseling Agreement Page 9 16.D.7.c Packet Pg. 1919 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) D(. 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 STERECIPIENT assures that all its subcontractors who will participate in activities which are subject to tlfs agreement are eligible and have not been debarred. F. GRANTCLOSEOUTPROCEDURES SUBRECIPIENT'S obligation to COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period sha1l include, but not limiled to: sale and occupancy of the unit (if applicable), making final palments, disposing of program assets (including the retum of all unused materials, equipment unspent cash advances, program income balances, and receivable accounts to the COUNT!, and determining the custodianship of records. OTHER PROGRAM REQI]IREMENTS A. PROGRAMBENEFICIARIES The project firnded under this Agreement shall assist beneficiaries for the term of the assistance, as designated ire Exhibit "A" ofthis Agreement. The SUBRECIPIENT shall provide written verification of compliance to Conrmunity and Human Services Division, on an on-going quarterly basis thoughout the life of the agreement, as well as final total for all beneficiaries served during the entire term ofthe agreement. B. EVALUATIONANDMONiTORING The SUBRECIPIENT agrees that Community and Human Services Division will carry out periodic monitoring and evaluation activities as deterrnined necessary by Community a:rd Human Services Division or the COIINTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreemen! comparisons of p1a:rned versus actual progress relating to project scheduling, budgets, audit repods, and output measures. The SIJBRECIPIENT agrces to furnish upon request to Corrmunity and Huma:r Services Division, the COUNTY or the COUNTY'S designees and mate copies or transcriptions of such records and information, as is detemlined necessary by Community and Human Services Division or the COLTNTY. The SUBRECIPIENT shall, upon the request of Community and Human Services Division, submit information and status reports required by Community and Human Sewices Division, or the COIJNTY on forms approved by Community ald Human Services Division to enable Community and' Human Services Division to evaluate said pro$ess 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 Hirman Services Division to monitor the SIIBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by Community and Human Senices Division and the Florida Housing Finance Corporation. Housing Development Coryoration of SW Florid4 Inc. d/b/a IIELP State Housing Initiatives Partnership Homebuyer Education and Counselilg 2016-2017 SHIP Housing Counseling Agreement Page 10 16.D.7.c Packet Pg. 1920 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) C.CORRECTMEACTION 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. h order to effectively enforce COIINTY Resolution No.2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entlty receiving grant funds from CHS. CIIS's policy for escalation for non- comoliance is as follows: 1. Initial non-compliance may result in Findings or Concems being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the reDort. 2. 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. 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 retumed to the Division. The Cornty may require upwards of five percent (5%) of the award amount be rctumed to the Division, at the discretion of the Board of County Commissioners. The entity may be considered in violation ofResolution 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 ofthe awarded grant amount or the amount ofthe CDBG investment for acquisition of the properties conveyed, be returned to the Division. The Division may require upwards of ten percent (10%) ofthe award amount be retumed to the Division, at the discretion ofthe Board of County Commissioners. The entity will be considered in violation ofResolution No. 2013-228 If in the case after repeated notification the Entity continues to be substantially non- complian! the Division may recommend the contract or award be terminated. 3. ,1 I{ousing Development CorpoEtion of SW Florid4 Inc. d,/b/a IIELP State Housing Initiatives Paltnership Homebuyer Education and Counseling 2016-2017 sHlP Housillg Counse]ing Agreement Page 11 16.D.7.c Packet Pg. 1921 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) The Division will make a recommendation to the Board of County Commissioners to immediately teminate the agreement or contract. The Entity will be required to repay a1l 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 a1l awards at the BCC's discretion. D. CONFLICTOFINTEREST In accordance with Section 112.313 Florida Statutes, the SIIBRECIPIENT covenants that no person who presently exercises any firnctions or responsibilities in connection with the Project, has any personal fina:rcial interest, direct or indirect in the target areas or any pa.rcels therein, which would conflict in any manner or degree with the performance ofthis 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 mreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and very low-income residents ofthe project target area. E. PUBLICENTITY CRIMES As provided in Section 287.i33, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the STIBRECIPENT certifies that it, its ,ffiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by tle State of Florida Deparhnent of Management Services within the 36 months immediately preceding the date hereof. This notice is required Section 287.133 (3)(a), Florida Statutes. F. CERTIFICATIONREGARDINGLOBBYING The undersigned certifies, to the best ofhis or her knowledge and belief, that: 1. No State Housing tnitiatives 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 witl the award of any State Housing Initiatives Partnership Progmm contract, the making of any State Housing Initiatives Parbrership Program grant, the making of any State Housing Initiatives Parhrership Program loan, the entering hto of any cooperative agreemetrt, and the extension, continuation, renewal' amendment, or modification of any State Housing Initiatives Partnership Program contract, grant, loan, or cooperative agreement. Housing Developmert Corporation of SW Florid4 Inc. d,/b/a IIELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Coullseling Agreement Page 72 16.D.7.c Packet Pg. 1922 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) x. 2. Any lobbying efforts regarding the award of any State Housing hitiatives Parhrership Program contract, the making of any State Housing Initiatives Parhrership Prograrn grant, the makhg of any State Housing Lritiatives Partnership Program loan, the entering into of any cooperative agreement, and the edension, continuation, renewal, amendmen! or modification ofany State Housing Initiatives Parbrership Program contract, grant, loan, or cooperative agreement must be caried out by a State of Florida registered lobbyist comply with Florida Statutes 112.3215. 3. The undersigned shall require that the language ofthis 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 certifr and disclose accordingly. SEVERABILITY OF PRO\TSIONS If any provision of this Agreement is held invalid, the remainder of tlis Agreement shall not be affected thereby if such remainder would then continue to conforrn to tle terms and requirements of applicable law. COIINTERPARTS OF THE AGRXEMENT This Agreement, consisting of twenty-two (22) emrmerated 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. ENTIRE UNDf,RSTANDING This Agreement and its provisions merge any prior agreements, ifany, 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 fortlr herein. (Signature Page to Follow) Housing Development Corporation of SW Florid4 Inc. d/b/a I{ELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseling Agreement Page 13 16.D.7.c Packet Pg. 1923 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) 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. Assistant County Attomey Date: .t \r 4 lr--) MICI]ABL PUCIIALLA, EXECUTIVE DIRECTOR: Date:\ir/>'7 /t-l ,A '{d" ATTEST DWIGHT E. BROCK CLERK BOARD OF COUNTY OF COLLIER nut",lz\tz Approved as to form and legality Housing Development Corporation of SW Florid4 Inc. d/b/a IIELP State Housing lrlitiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housirg Counseling Agreement Page 14 16.D.7.c Packet Pg. 1924 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) A. EXIIIBIT "A" SCOPE OF SER\'ICES Housing Development Corporation of SW Florida, Inc. d/b/a HELP sHrP FY 2016-2017 HOMEBTryETIT'INANCIAL MANAGEMENT EDUCATION AND COI]NSELING PROJECT SCOPE: STIBRECIPIENT proposes to use State Housing Initiatives Partnership (SHIP) fimds for the following activities: o Pre-PurchaseHomebuyerCounseling. Homebuyer Education Workshop. Financial Management Education-Money Management. Financial Coachhg (one-on-one). Financial Literacy Workshopr Web Based Curriculum Portal The SUBRECEIPIENT must be a HUD certified counseling agency and provide services under this Agreement in Collier County. METIIOD OFPAYMENT: The COUNTY agrces to make available TWXNTY FOUR THOUSAND EIGIIT IIIINDRED SEVENTY SEVEN DOLLARS ($24,877.00) from SHIP 2016-2017 fimding year is reserved to complete the activities under this Agreement. Modificafion to the "Budget and Scope" may only be made if approved in advance. Budgeted fimd shifts among line items shall not be more than 10% of the total funding amouat and does not signifu a change in scope. Fund shifts that exceed 1002 oftle agreement amount shall only be made with Board approval. The County shall reimburse the SLIBRECIPIENT for the performance of this agreement upon completion or partial completion of ttre work tasks, as accepted and approved by CHS. SIIBRECiPIENT may not request disbursement of CDBG funds until firnds 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 firnds only for allowable costs resulting ftom obligations incuned during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that montl, 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 fiequently than once per month. Reimbursement will not occur if STIBRECIPIENT fails to perform the minimum level of service required by this agreement. Final invoices ate due no later tlan 90 days after the end of tlre agreement. Work performed during the term ofthe program but not invoiced within 90 days a{ier the end ofthe agreement mav not be orocessed without written authorization fiom the Grant Coordinator. B. Housing Developrnent Corporatior ofSW Florid4 Inc. d,6/a I{ELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2015-2017 SHIP Housing Counseling Agreement Page 15 16.D.7.c Packet Pg. 1925 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) The County Manager or designee may extend the term of this agreement for a period ofup to 180 days after the end ofthe 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. Palment will be made upon receipt of a properly completed invoice and in compliance with $218.70, Florida Statutes, otherwise known as the "Local Govemment Promot Pavment Act." C. BI]DGET: Line Item: Unit Cost Counseling: Pre-Purchase for homebuyers. Minimum 3 sessions per household. $375lper household Homebuyer Education Workshops, 1 to 50 parlicipants $1,000 per 8 hour session or two 4 hour sessions Financial Management Education-Money Maragement Course $ 150/course Iilancial Coaching (one-on-one)$175lsession Fiaancial Literacy Workshop, 1 to 25 participants $ 175lworkshop Development and on-going administration of on line / web based pre-purchase curriculum $500.00 one-time fee D. PROJECTMILESTONESCIIEDIJLE: The time frame for comoletion of the outlined activities shall be: MILESTONE/TASK STARTDATE ENDDATE Determine dates of education classes: develop and provide pre-purchase counseling; homebuyer education workshops; fnancial management education courses- money management cou$es; one-on-one financial coaching; financial literacy workshops; establish on line curriculum and portal to allow certification December 1, 2017 June 30. 2019 This agreement shall allow rcimbarsement of expenses for all eligible costs associnted u'ith the agreemenl dnd does not require the completion of all agrcement milestones for reimbursunent to be paid. E. PROJECTDELIWRABLES: 1. Provide evidence of current U.S. Housing and Urban Development Approved Counseling Agency status; and 2. Compaay's organizational chart and staffposition descriptions3. Quarterly Progress Reports 4. Workshop/counseling locations and agendas Ilousing Development Coryoration of SW Florid4 Inc. d,/b/a HELP State Housing Initiatives Parhership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseiing Agreement Page 16 16.D.7.c Packet Pg. 1926 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) Prograrn Deliverable Deliverable Supporting Documentation Submission Schedule Provide pre-purchase counseling; homebuyer education workshops; financial management-fi nancial literacy COIlrSESi Class/workshop schedule and agenda On-going per occurrence F. PERFORMANCEDELIVERABLES: G. PAYMENTDELIWRABLES: The following table details the project deliverables and payment schedule. Duplication of clients between deliverable tasks is permitted. Housing Deveiopment Coryoration ofSW Florida, lnc. dibla HELP State Housi[B Initiatives Partnership Homebuyer Education aIId Counseling 2016-2017 SlllP Housing Counseling Agreement Page 77 Deliverable SuDDortinE Documents Parment Schedule 1.Pre-purchase homebuyer counseling session Homebuyer Education Workshop Financial Management Education-Money Management Course Financjal Coachhg Session (one- on-one) Financiai Literacy Workshop Estabhsh and maintain an on line pre-purchase web based curriculum Workshop/counseling locations and workshop flyers. (Deliverable 2,3,5) Sign in sheet for each workshop with a client identifier or name and signed by facilitator. Deliverable 23,5) Sign in sheet for each counseling session including client identifier or signature and facilitator. (Deliverable 1,4) Documentation of web based curriculum and url location (Deliverable 6 via screenshot) Exhibit C (All Deliverables) C. Request for pa).rnent shall be submitted once a month for all activities compieted during the previous month period. 16.D.7.c Packet Pg. 1927 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) E)CIIBIT'ts" TNSURANCE REQUIRXMENTS The SIIBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division Departrnent, 3339 E. Tamiami Trail, Suite 21i, Naples, Florida 34112, Certificate(s) of Insurance evidenchg hsurance covemge 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 occlurence for combined Bodily Injury and Property Damage. Collier County must be shown as al additional insured with respect to this coverage. 3. Automobile Liability Insurance covering a1l owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combiled Bodily Injury ard Properly Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I - 3 above, a Certificate oflnsurance must be provided as follows: 4. Professional Liability Insurance in the name of the SLERECIPIENT or the licensed design professional employed by the SIIBRECIPENT in an amount not less than $300,000 per occurence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages from claims arising out of the services performed by the SLERECIPIENT or any person employed by the SIJBRECIPIENT in connection with this conhact. This i:rsurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. C ONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 - 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original policies indicating the following tpes of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis iri an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shal1 be ir the name of Collier County and the SUBRECIPIENT. 6. Flood Insura:rce shall be provided for those properties found to be within a flood hazard zone, in arl amount not less than the firll replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insura:rce Program (NFIP), whichever rs greater. The policy will show Collier Countlz as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildi:rgs' walls and roof exist. OPERATIoNA4ANAGEI\4ENT PHASE (IF APPLICABLE) Housing Development Corporation of SW Florid4 Inc. d/b/a IIELP State Housing Initiatives Parlnership Homebuyer Education and Cou$eling 2016-2017 SHIP Housing Counseling Agreement Page 18 16.D.7.c Packet Pg. 1928 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration ofthe loan and/or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occunence for combined Bodily Injury and Property damage. Collier County must be shown as a:r additional imured with respect to this coverage. L Property Insurance coverage on an "A1l Risk'basis in an amount not less than one hundred (100%) ofthe replacement cost ofthe properry. Collier County mustbe shown as aLoss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for tlose properties found to be within a flood hazard zor.e for the fuIl replacement values of tlte structure(s) or the maximum amount of coverage available tlrough the National Flood krsurance Program (|IFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Housing D€velopment Corporation of SW Florid4 lnc. d/b/a HELP Slate Housing Initiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseling Agreement Page 19 16.D.7.c Packet Pg. 1929 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) COLLIER COUNTY COMMIJIIITY & HI]MAN SERVICES REQUEST FORPAYMENT SECTION I: Rf,QIIf,ST FORPAYMENT Subrecipient Name: Housing Development Corporation of SW Floritla' Inc. d,/b/a IIIILP Subrecipient Address: 3200 Bailey Lane, Suite 109 Naples, FL 34105 Proiect Name: STATE HOUSING IMTIATIVES PARTNERSHiP HOMEBIJYER EDUCATION AND COIINSELING ProjectNo:16-17IIBE001 Palment Request # Total Payment Minus Retainage Period of Availability:_ through Period for which the Agency has incurred the indebtedness tltough SECTION II: STATUS Of'FIINDS l.Grant Amount Awarded { l.$un 6f pasf Qlaims Submifted on this Account 3.Total Gra:rt Amount Awarded Less Sum of Past Claims Submitted on this Account 4.Amount of Today's Request 5.10% Retainage Amount Withleld 6.Current Grant Balance (Initial Crralt Amount Award request) ( includes Retainage) $ N/A I certi$ that this request for payment has been made in accordance with tle terms and conditions of tle Agreement between the COIJNTY and us as the SUBRECIPIENT. To &e best of my knowledge and beliel all grant requirements have been followed. Signature Date Title Authorizins Grant Coordinator Autlorizins Grant Accountant Supewisor Division Director (Approval required $15,000 and above) (Approval Required $15,000 and above) Housing Developmsnt Corporation of SW Florid4 Inc. d,/b/a I{ELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseling Agreement 16.D.7.c Packet Pg. 1930 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) EXHIBIT'D" QUARTERLY PROGRESS REPORT Complete form for pasr qumter and submit to Community & Human Services staf by the I0* of the lollowing month. (Januqry tUh, ,ltril t0'h, JuIy tdh & October Idh) foudrg Co@Eelilg A€ecy Housing Development Coryomtion of SW Florid4 Inc. d/b/a HELP State l{ousing Iniliatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseling Agreement 16.D.7.c Packet Pg. 1931 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) ry-B*1!tur@od-!rdd!dE@&Ao@5oie 0.6lq@yEo.rJ'ra!.e) €dlrird!lror!*rDrfr4Ery6t ed 5e6d3&9rdrrl 0l 0l ol 0l ol ( EtuAolik lhdnrdrtll@.d@o@dbgrrrliLoc.dldr lmt Eildolikt lErA,tditudd@!n!Gi!4 6ElErbe6:ltr F@6a!.1d5tuin !!@.!t&*{til!did*kEEr!4l. tu .$rb!Fnin@dbd<iilr4EglodbtdslsrL.t so$.lr!k riiiqRr6.hfr -d.4tdJ(.r,tuEd6sodr!ti.@,d@.dd-ato. aata!rri!Es,tued@i&sl&Eir6!Eor6.Cd+hcs.r!E e!6d&ihd!&.d1656ED!4i@i!a*nib.6q!rd{r G+dd9!Ft&a,!d!d*@!el*Gfq.rc) &rei.lEE'd!!cEiIi4s6ii.i &G&UJdrr.i!.it!@sbbrd!re3G€:4itl5b Fara,tFlciEr F'i!6.ft ad$sldcs.4 c]6: a<) ilaBilb.&Eiqc.atElllcsb. E{.r<sl@jd'tdarbri!*ltddEaEdqF'd r@bBb!&Ei!iEE!!dEC@!.!56&r Edier&trn{inlliltrl<@rdi!er!mdd-#& E<dEtogltorlbgC.ctdbgSqdc eldidtiBrllrsqtEdrlrcl.@tbg.!ili!'rclt|tdg@ddG &rEililaF.r.iry&r[db!ldc.s iodgrdrtr<dlbrilE'b€Ccdg5.!:c( &c&Lk 6r*d*ilt*@nE+rF @*tEritdGd.eo Eqdr'c@li@!,lrE'! (E6rd-x<tultt6€c@rdbg ilGaolitrhrrtKiEi&&iiE(E tod*&l@g6t*4rd. bn4lNi@,#cbtSiaUE .er!.46c Ed'b:C@tdi€Ssdd* eGAol& 6iilrfr!*tl6!$Ind:!.dg4.ellCttdliE Ec{6!CoE$tE s-Eiq Housing Development Corporation of SW Florid4 Inc. d,/b/a IIELP State Housing Initiatives Partnership Homebuyer Education and Counseling 2016-2017 SHIP Housing Counseling Agreement P^ge 22 16.D.7.c Packet Pg. 1932 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) CERTIFICATION FOR THE SUBRECIPIENT OR DEVELOPER OR VENDOR ENTITY CERTIFICATION FOR THE GRANTEE ENTITY Only one required per entity signed by an authorized representative RIGARDING DEBARMENT oT SUSPtrNSION, RtrAL OR APPARENT CONFLICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON.COMPLIANCE OR NON-PERI'ORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON AGR.EDMENTS/SUR.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 Counfy 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 repres€ntatives of the grantee organization under any fofln of arrangement or agreement: tsach Board of Directors member Officers ofthe Board Executive Director All employees and supervisors that will work on the grant Definitiors: [Note: The Defnitions (1) will be niloredfor the applicable grant programl (l) The terms "debarred," "suspended," "ineligible," "person," "prhcipal," 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 ofthose regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: . Retum of awarded grant funds on more than one occasion in the last three years o Non-compliance with a monitoring corrective action plan . Other substantial non-compliance or non-conformance ofa grant o The organization applying for grant funding is hereby certiling and will follow the below listed: l. Each grantee of federal or state hnarcial and non-finarcial assistance must sign this debarment certiflcation 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 cefiification of debarment. Collier County Communiry and Human Services or its agreement grantee/contractors will not contract with subcontractors if they are debarred or suspended by the federal sovernrnent. 16.D.7.c Packet Pg. 1933 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) 2. Each effity 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 wfitten notice to the $ant coordinator at any time the grantee/contractor leams that its certification was enoneous when submitted or has become erroneous by reason of changed circumstances. 4. The grantee further agrees by submitting this certiflcation that, it shall not knowingly enter into any sub-agreement with a person who is debared, 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 certificafion that it will require each contractor/subcontractor of agreements and/or contracts referencing this contmct whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy ofthis certification with each sub-agreement. 6. The grantee may rely upon a certihcation by a subcontractor entity that it is not debaned, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the grantee/contractor knows that the certification is erroneous. 7. The grantee has adopted conflict ofinterest policies and procedures within their organization and will provide a copy ofsuch prior to the execution of an ageement should the grant application be funded. If the grantee does not have conJlict of interest policies and procedures they must adopt policies/procedures for determining when a conllict 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: ( I ) Has been debarred, suspended, proposed for debarment, and declared ireligible, or voluntarily excluded from participation in contracting with Collier County Community and Human Services by any federal department or agency. Where the prospective gantee is unable to certiry to ary 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. 16.D.7.c Packet Pg. 1934 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) Collier Counly Community and Human Services may rely upon a certification by a nonprofit organizatron that i1 is not debarred, suspended, ineligible, or voluntarily excluded from conhacting or subcontracting unless the department knows that the certification is enoneous. 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 Goverrulent (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: tk..sl Qo"fl ol s\, 71o,:ol^, A/b/" ierP Signature of A uthorized Individual Dare \\J / A.1 / /1 Name and Title of Authorized Individual (Prht or type) 16.D.7.c Packet Pg. 1935 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) 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 oT SUSPENSION, REAI OR APPARENT CONFLICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR NON-PERFORIUANCE UNDER A GRANT. INELIGIBILITY. VOLUNTARY EXCLUSION ON AGREEMENTS/SUB.AGREDMENTS 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 agleement: Each Board of Directors member Officers ofthe 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.sov website for assistance in obtaining a copy ofthose regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: . Retum of awarded grant funds on more than one occasion in the last thee years . Non-compliance with a monitoring corrective action plan . Other substantial non-compliance or non-conformance ofa grant The undersigned certifies, by signing this certification, that, within the last three years, they have not: I . 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 certifr to any ofthe statements in this certification, such individual shall attach an explanation to this certifi cation.) 2. Had a real or apparent conflict of interest 3. Falsified documents 16.D.7.c Packet Pg. 1936 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment) 4. Had substantial non-compliance or non-conformance with performance under a gant with Collier County or any other entity The undersigned shall provide imrnediate written notice to the grantee at any time the undersigned learns that its certification was erroneous when submitted or has become eroneous by reason of changed circumstances. Collier County Community and Human Services will rely on the certification ofthis document as hue 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 Govemment (via Section 1001 ofTitle 18 USC for making false statements) and Collier County may pursue available remedies, including suspension, debarment, grant award retaction, and./or suspension from applying for awards for three years under Resolution 2013-228. @s,": Name of Organization ex((\,"\,!0. \irtc\"' . \ /, r ,i-..D Floi,d,,, dlbla. L1 Yv-t Role ofundersigned (Director, Executive Director, Employee [speci! role], Supervisor [speci! role] Signature *r,.\'*l \ "" [ii^(\/r1 /t'7 Print or tlpe name ofsignatory 16.D.7.c Packet Pg. 1937 Attachment: SUB AGRMT 2017 12-12 SHIP HELP-Executed (7357 : SHIP Homebuyer Education Amendment)