Loading...
Backup Documents 03/24/2009 Item #10E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documr:nts should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item,) 10 E'1' ROUTING SLIP Complete routing lines#l through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the excention of the Chairman's sip-nature, draw a line throuph wutin,r lines # I throul1h #4, comnlcte the checklist, and forward to Sue Filson' (line #5). Route to Ad~tessee(s) Office Initials Date (List in routino order I.Frank Ramsey Housing and Human Service --=rr-. 03/25/09 2. Chairman DOillla Fiala BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder oflhe original document pending Bee approval Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one nfttle nddressecs <lbove, inch.rling Sue Filson, need to cmtact statlfor additional or missing information. All original documents needing the Bee Chairman's signature are [0 be delivered to the Bee office only after the BCe has acted to approve the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 03/24/2009 Agenda Item Number 10E Annroved bv me BCC Type of Document Contract Number of Original 3 Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not aoorooriate. (Initial) Aoolicable) I. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chainnan, with the exception of most letters, must be n:viewed and signed 7ft- by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signatuT<: pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and nossiblv State OtTicials,) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's 71- Office and all other oarties exceot the BCC Chaillnan and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date of BCC approval of the 7t- document or the fmal ne.otiated contract date wbichever is annlicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the ehainnan's f-4{ si.nature and initials are renuired. 5. In most cases (some contracts are an exception), the original document and this routing slip ~ should be provided to Sue Filson in the BCC otTice within 24 hours of Bee approval. Some documents are time sensitive and require fOlwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware ofvour deadlines! 6. The document was approved by the BCC on 03/24/2009 and all changes made during 11- the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan!!es, if aoolicablc. INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip WWS Origina19.03.04, Rcvised 1.26.05, Revised 2.24.05 lOEI1 FUNDING APPROVAL AND GRANT AGREEMENT FOR NEIGHBORHOOD ST ABILIZA nON PROGRAM (NSP) FUNDS AS AUTHORIZED AND APPROPRIATED UNDER THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008 (PUBLIC LAW 110-289, JULY 30, 2008) NSP GRANTEE: Collier County NSP GRANT NUMBER: B-08-UN-12-0003 NSP GRANT AMOUNT: $7,306,755 NSP APPROVAL DATE: January 30, 2009 This Grant Agreement between the Department of Housing and Urban Development (HUD) and Collier County is made pursuant to the authority of sections 230 I - 2304 of the Housing and Economic Recovery Act of 2008 (Public Law 110-289 (July 30, 2008)) (HERA). The program established pursuant to section 2301-2304 is known as the "Neighborhood Stabilization Program" or "NSP." The Notice of Allocations, Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for Redevelopment of Abandoned and Foreclosed Homes Under the Housing and Economic Recovery Act, 2008 published at 73 FR 58330 (October 6, 2008) (Notice); HERA; the Grantee's submission for NSP assistance (Grantee Submission); the HUD regulations at 24 CFR Part 570 (as modified by the Notice and as now in effect and as may be amended from time to time) (Regulations); and this Funding Approval, including any special conditions, constitute part of the Grant Agreement. Subject to the provisions of this Grant Agreement, HUD will make NSP Grant Funds in the amount of $7,306,755 available to the Grantee upon execution of this Grant Agreement by the parties. The Grantee shall have 18 months from the date of HUD's execution of this Grant Agreement to obligate the NSP Grant Amount pursuant to the requirements of HERA and the Notice. The Grantee shall have 48 months from the date of HUD's execution of this Grant Agreement to expend the NSP Grant Amount pursuant to the requirements of the Notice. The NSP Grant Funds may be used to pay eligible costs arising from eligible uses incurred after the NSP Approval Date provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-award planning and general administrative costs may not be paid with funding assistance except as permitted in the Notice; the Notice limits such costs to those incurred on or after September 29, 2008. Other pre-award costs may not be paid with funding assistance except as permitted by 24 CFR 570.200(h); for purposes of NSP, such costs are limited to those incurred on or after the date that the NSP substantial amendment was received by HUD. 210E The Grantee agrees to assume all of the responsibilities for environmental review, decisionmaking, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I of the Housing and Community Development Act, as amended (42 U.S.c. 5304) and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Grant Agreement by sub-recipient entities to which it makes funding assistance hereunder available. This Grant Agreement may be amended only with the prior written approval of HUD. In considering proposed amendments to this Grant Agreement, HUD shall review, among other things, whether the amendment is otherwise consistent with HERA, the Notice, and the Regulations. The Grantee may amend its Grantee Submission; however, such amendments, including snbstantial amendments as defined in 24 CFR Part 91, will be subject to the requirements of 24 CFR Part 91 (or any successor regulation) and any revisions HUD may make to the Notice (or any successor Notice or regulation). The Grantee shall at all times maintain an up-to-date copy of its Grantee Submission, including all amendments approved by HUD, on its Internet website as required by the Notice. Further, the Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant funds and program income under this Funding Approval and Grant Agreement and any other records required by 24 CFR 570.506, in its files and shall make such information available for audit or inspection by duly authorized representati ves of HUD, HUD's Office of the Inspector General, or the Comptroller General of the United States. The Grantee shall submit information on performance measurement as established by the Secretary for activities undertaken with NSP grant funds. The Grantee is advised that providing false, fictitious or misleading information with respect to NSP Grant Funds may result in criminal, civil or administrative prosecution under 18 USC 91001,18 USC 91343, 31 USC 93729, 31 USC 93801 or another applicable statute. Close-out of this grant shall be subject to the provisions of 24 CFR 570.509 or such close-out instructions as may hereafter be issued by HUD specifically for NSP grants. Special Conditions are attached to this Grant Agreement. This NSP Grant Agreement is binding with respect to HUD in accordance with its terms upon the execution by HUD in the space provided above, subject to execution on behalf of the Grantee. The United States Department of Housing and Urban Development Collier County N//JffjJf:f~ Signature of Authorized Official d~~ '.."""~~1;"'i,#":'", Signature of Authorized Offical Maria R. Ortiz Name of Authorized Official LO'& FIAIA Name of Authorized Official Director. CPD Title of Authorized Official (}l.AIRMi\N Title of Authorized Official 5-- y-() 9 MARf'H ?/', ?fXJJ Date of Signature Date of Signature 59-ffiXl558 Grantee Tax Identification Number For HUD CFO Use Onlv Current Balances Increases/Decreases Ending Balance Date Approved as to form & legal sufficiency 0(~~ Colleen Greene, Assistant County Attorney ATTEST: DWIGHT E. BROCK. (;18r~, ay, Attest II 119ftlture 011.. lOE 3 IDE ~ Special Conditions to Funding Approval and Grant Agreement For Neighborhood Stabilization Program (NSP) Funds as Authorized and Appropriated by under the Housing and Economic Recovery Act of 2008 (Public Law 110-289, July 30, 2008) NSP Grantee: Collier County NSP Grant Number B-08-UN-12-0003 NSP Grant Amount: $7,306,755 NSP Approval Date: January 30, 2009 Special Conditions: 1. Pursuant to 24 CFR 85.12 (a)(l)(2)(4) or (5), a special condition applies to this Grant Agreement due to past performance with the County's timeliness ratio in the CDBG program. The County did not meet the CDBG timeliness requirement in FY 2008. The County was required to have no more than 1.5 years offunding available in its CDBG line of credit at the end of the 10lh month of its program year. The balance as of May 2, 2008 was $4,695,973 which represents 1.96 years of funding. lt appears that the County not being able to draw down in a timely manner stems, in part, from undertaking several ineligible activities and experiencing delays with approvals/reimbursements for other County Departments. The County shall submit documentation describing how past CDBG performance issues have been resolved or are now being resolved and explaining how they will not impact the administration of the NSP program. If the County fails to submit such documentation within 60 days from the date HUD signed this Grant Agreement, HUD may thereafter withhold authority to incur additional obligations of NSP Grant Funds or take other actions authorized under 24 CFR 85.12(b). 2. Pursuant to 24 CFR 85.12 (a)(3), a special condition applies to this Grant Agreement due to the size of the NSP Grant Amount relative to your 2008 CDBG grant. Within 60 days of the date HUD signed this grant agreement, the County must submit a management plan that describes how it has determined that it possesses adequate staff and other resources necessary to administer NSP grant funds. If the County fails to submit this plan within 60 days, HUD may thereafter withhold authority to incur additional obligations of NSP Grant Funds. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 0 E \~W , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are 10 be forwarded to the Board Oflice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throUllh routim:! lines #1 throueh #4, conmlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. -------- 2. ~ 3. ----- ./C--- 4. Colleen M. Greene, Assistant County County Attorney Cf{l&- 03/26/09 Attorney 5. Sue Filson OMB 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally thc primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey Phone Number 252-2336 Contact Agenda Date Item was March 24, 2009 Agenda Item Number JOE Approved by the BCC Type of Document Administrative Plan Agreement- Number of Original 1 Attached Neighborhood Stabilization Program Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be 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, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exee t the Bee Chairman and the Clerk to the Board The Chairman's signature line date ha<; been entered as the date ofSCe approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bee 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 our deadlines! The document was approved by the BeC on 03/24/09 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes Initial) CMG N/A (Not A licable) 2. 3. 4. 5. 6. N/A CMG CMG N/A CMG I: Forms/ County Fonns/ Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised J .26.05, Revised 2.24.05 ((matter _ numbem/((document_ number>> tOE l~" MEMORANDUM Date: March 27, 2009 To: Frank Ramsey, Housing Manager Housing & Human Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Administrative Plan Agreement - Neighborhood Stabilization Program Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #lOE), which were approved by the Board of County Commissioners on Tuesday, March 24, 2009. The Minutes and Records Department has retained the original for the Board's Records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures IDE " Collier County Housing and Human Services 3301 E Tamiami Trail Building H - Suite 211 Naples, Florida 34112 (239) 252-4663 This Administrative Plan is a guide for operating the Collier County Neighborhood Stabilization Program. This guide was prepared by the Department of Housing and Human Services. Grant Number B-08-UN-12-0003 Grant Amount $7,306,755 IDE I. INTRODUCTION.................................................................................................................................................... 3 II. ACQUISITION OBJECTIVES AND POLICIES.............................................................................................................3 A. Objective(s) ...................................................................................................................................................... 3 B. Acquisition Policies.............. ............................................................................................................................. 3 C. Identifying Property......................................................................................................................................... 4 D. Acquisition Regulations.................................................................................................................................... 4 III. REHABILITATION OBJECTIVES AND POLICIES ................................................................................................... 4 A. Objective(s) ...................................................................................................................................................... 4 B. Rehabilitation Policies........................................................................................................................... ........... 4 C. Rehabilitation Regulations............................................................................................................................... 5 IV. DIRECT ASSISTANCE OBJECTIVES AND POLICIES ..............................................................................................5 A. Objective(s) ....................................................................... ............................................................................... 5 B. Direct Assistance Policies................................................................................................................................. 5 C. Direct Assistance Regulations .......................................................................................................................... 6 V. DEMOLITION OBJECTIVES AND POLICIES.............................................................................................................6 A. Objective(s) ...................................................................................................................................................... 6 B. Demolition Policies........................................................................................................................................... 6 C. Demolition Regulations.................................................................................................................................... 7 VI. LAND BANK OBJECTIVES AND POLICIES ........................................................................................................... 7 A. Objective(s) ...................................................................................................................................................... 7 B. Land Bank Policies ............................................................................................................................................ 7 C. La nk Bank Regu lations ......................................... ............................................................................................ 7 VII. TRANSFER PROPERTY OBJECTIVES AND POLICiES............................................................................................ 8 A. Objective(s) ...................................................................................................................................................... 8 B. Transfer Property Policies................................................................................................................................ 8 C. Transfer Property Regulations......................................................................................................................... 8 VIII. ACTIVITY PROCEDU RES .................................................................................................................................... 8 A. Genera I............................................................................................................................................................. 8 B. Acquisition of Real Property............................................................................................................................. 9 C. Rehabilitation................................................................................................................................................. 10 D. Direct Assistance ............................................................................................................................................ 10 E. Demol itio n............................................................................................................................. ......................... 11 F. Land Banking .................................................................................................................................................. 11 G. Tra nsfer of Property....................................................................................................................................... 11 IX. PROGRAM PROCEDURES................................................................................................................................ 12 A. General........................................................................................................................................................... 12 B. Environmental Review................................................................................................................................... 12 C. Cha nge Orders..... ._......................................................................................................................................... 12 D. Payment......................................................................................................................................................... 12 E. Final Inspection .............................................................................................................................................. 13 F. Monitoring County Owned Properties........................................................................................................... 13 G. Transfer of Property....................................................................................................................................... 13 X. PU RCHASING POLiCy.......................................................................................................................................... 13 XI. MARKET! NG PROGRAM.................................................................................................................................. 14 XII. RE PORTI NG............................................................. ........................................................................................ 14 XIII. PROGRAM I NCOM E....................................... _................................................................................................ 15 Page 2 of 15 I. INTRODUCTION 10 E "\~ r'\ Title III of Division B of the Housing and Economic Recovery Act, 2008 (HERA) (Public Law 110-289, approved July 30,2008) appropriates $3.92 billion for redevelopment of abandoned and foreclosed homes and residential properties. The grant program under Title III is commonly referred to as the Neighborhood Stabilization Program (NSP). The Department of Housing and Urban Development (HUD) required Collier County to submit a Substantial Amendment to the 2008-2009 HUD One Year Action Plan no later than December 1, 2008. The required Amendment was approved by the Collier County Board of County Commissioners on November 18, 2008 under agenda item 16D3. Collier County has been allocated $7,306,755.00 to assist with redevelopment of abandoned and foreclosed homes and residential properties. Section 2301(c)(2) of HERA requires the County to distribute the funds to the areas of greatest risk. Factors considered included percentage of home foreclosures, percentage of homes financed by a subprime mortgage related loans, and those likely to face a significant rise in the rate of foreclosures. Collier County will focus efforts in three (3) geographic areas: East Naples (Zip Code 34112), Golden Gate City (Zip Code 34116) and Golden Gate Estates (Zip Code 34120). However, Collier County will continue to monitor local housing data and intends that the NSP Program be flexible to allow for timely reaction to any significant changes in the local housing market. This Administrative Plan is a guide for operating the Collier County Neighborhood Stabilization Program. The major focus of this guide is on the following six (6) eligible activities: Acquisition, Rehabilitation, Direct Assistance, Demolition, Land Banking and Property Transfer. II. ACOUISITION OBIECTIVES AND POLICIES A. Obiective(s) Provide permanent residential structures that will be occupied by a household whose income is at or below 120 percent of area median income. B. Acquisition Policies 1. The average purchase price for the sum of all properties acquired shall be discounted at least fifteen (15) percent from the current market appraised value. The minimum discount is five (5) percent from the current market appraised value. 2. The current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and completed within sixty (60) days prior to an offer to purchase is made by Collier County or an approved housing partner. 3. All residential properties acquired must have been foreclosed, vacant for at least ninety (90) days, and on the lender's list of current inventory. 4. All acquisitions shall be made pursuant to a written Agreement for Sale and Purchase and in conformity with the procedures prescribed herein as section X - Purchasing Policy. In the event of a conflict, Community Development Block Grant (CDBG) purchasing policies sha II ta ke precedent. 5. All residential properties are eligible for acquisition. Examples include, but are not limited to, single-family residential dwelling units, multi-family residential dwelling units and residential condominium units. 6. Acquired property is subject to the minimum affordability period of the federal HOME Investment Partnership Program. Page 3 of 15 IOE C. IdentifYing Property Residential properties shall be targeted in the following three geographic areas: East Naples (Zip Code 34112), Golden Gate City (Zip Code 34116) and Golden Gate Estates (Zip Code 34120). Collier County will seek to acquire residential properties suitable for resale to qualifying households, as well as residential properties suitable for rental to qualifying households. The Department of Housing and Human Services will partner with Real Property Management when identifying properties to purchase. When identifying properties, Collier County may desire to acquire residential properties that possess the following characteristics: . Single-family dwelling units . Multi-family dwelling units . Requiring minimal structure rehabilitation . Incorporated green building practices Housing and Human Services, in partnership with Real Property Management, will work directly with banks and other lenders, foreclosure servicers, realtors, or any other party with access to foreclosed property of interest to Collier County. However, Agreements for Sale and Purchase for the acquisition of property may only be made with the banks or other lenders holding title to the property. All proposed acquisitions must be approved by the Director of Housing and Human Services, or his/her designee, prior to entering into a purchase contract. D. Acquisition Regulations . Acquisition - 24 CFR 570.201(a) . Uniform Relocation Act - 49 CFR 24.103 . Property Location - Section 2301(c)(2) of HERA . Program Income - 24 CFR 570.500(a) . Environmental Reviews - 24 CFR part 58 . Resale of Property - Section 2301(d)(3) of HERA . Affordability Period - 24 CFR 92.252(a), (c), (e) and (f), and 92.254 III. REHABILITATION OBIECTIVES AND POLICIES A. Obiectivds) Improve permanent residential structures that will be occupied by a household whose income is at or below 120 percent of area median income. B. Rehabilitation Policies 1. All rehabilitation work must conform to current Florida Building Code requirements, as well as Environmental Health & Safety requirements. 2. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed herein as Section X - Purchasing Policy. 3. Once complete, all rehabilitated properties must meet HUD Section 8 Minimum Housing Quality Standards and applicable Florida Building Codes. Page 4 of 15 IDE 4. Eligible rehabilitation activities shall be listed and documented by a Bid Specification Report prepared by a Rehabilitation Specialist. The Bid Specification Report will serve as a cost estimate for the work plan. S. Any change(s) to the scope of the rehabilitation activities and/or cost of rehabilitation will be in accordance with the provisions outlined in the Collier County Purchasing Policy as relates to change orders. 6. HERA defines rehabilitation to include, but not limited to, improvements to increase the energy efficiency or conservation of such homes and properties, to provide renewable energy source or sources for such homes and properties. Furthermore, Collier County desires to harden the homes against the threat of hurricane damage. 7. HUD strongly encourages Collier County to use NSP funds not only to stabilize neighborhoods in the short-term, but to strategically incorporate modern, green building and energy-efficiency improvements to provide for long-term affordability and increased sustainability and attractiveness of housing and neighborhoods. 8. Rehabilitated property is subject to the minimum affordability period of the federal HOME Investment Partnership Program. C. Rehabilitation Regulations . Rehabilitation - 24 CFR 570.202 . Property Location - Section 2301(c)(2) of HERA . Program Income - 24 CFR 570.s00(a) . Environmental Reviews - 24 CFR part 58 . Affordability Period - 24 CFR 92.252(a), (c), (e) and (f), and 92.254 . 2005 Environmental Health & Safety . 2004 Florida Building Code (includes Energy Efficient Code) . 2004 Florida Building Code/Fuel Gas . 2004 Florida Building Code/Mechanical . 2004 Florida Building Code/Plumbing . 2004 Florida Building Code/Americans with Disabilities . 2005 National Electric Code . 2002-01 Building Construction Administrative Code IV. DIRECT ASSISTANCE OBIECTIVES AND POLICIES A. Obiective{s) Provide permanent residential structures that will be occupied by a household whose income is at or below 120 percent of area median income. B. Direct Assistance Policies 1. All households assisted must have income at or below 120 percent of area median income. 2. All households must be qualified by the Department of Housing and Human Services prior to entering into a purchase agreement. 3. The head of household(s) must be a U.S. citizen(s) or permanent resident alien(s). 4. Applicants will procure a fixed-rate mortgage through the Collier County Loan Consortium, local banks, FHA or USDA. Restrictions on the features of the fixed-rate mortgage are contained in the application package. 5. All applicants must receive at least eight (8) hours of homebuyer education from a HUD certified counselor. Page 5 of 15 IDE 6. The average purchase price for the sum of all properties acquired shall be discounted at least fifteen (15) percent from the current market appraised value. The minimum discount is five (5) percent from the current market appraised value. 7. The current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and completed within sixty (60) days prior to an offer to purchase or closing transaction. 8. All residential properties acquired must have been foreclosed, vacant for at least ninety (90) days and on the lender's list of current inventory. 9. All residential properties are eligible for direct assistance. Examples include, but are not limited to, single-family residential dwelling units, multi-family residential dwelling units and residential condominium units. 10. The interest rate on Direct Assistance Deferred Payment Loans (DPL) will be zero (0) percent. 11. The DPL must be repaid when the assisted property is sold, refinanced, is no longer the homesteaded residence or is operated for an activity deemed ineligible for assistance under NSP guidelines. 12. The Direct Assistance DPL shall be secured through use of a Promissory Note and Mortgage. 13. The assisted property is subject to the minimum affordability period of the federal HOME Investment Partnership Program. 14. All acquired property transaction must be in conformity with the Uniform Relocation Act. 15. All direct assistance activities will be made in conformity with Community Development Block Grant (CDBG) down payment assistance policies. 16. All properties receiving NSP Direct Assistance must be, and remain, the homesteaded property of the owner. C. Direct Assistance Reguiations . Direct Assistance - 24 CFR 570.201(n) . Uniform Relocation Act - 49 CFR 24.103 . Property Location - Section 2301(c)(2) of HERA . Program Income - 24 CFR 570.500(a) . Environmental Reviews - 24 CFR part S8 . Affordability Period - 24 CFR 92.252(a), (c), (e) and (f), and 92.254 . Residency - HUD Handbook 4350.3 . Income Guidelines - Section 2301(f)(3)(A) of HERA V. DEMOLITION OBIECTIVES AND POLICIES A. Obiectivds) Eliminate blighted and unsafe residential structures through clearance, demolition and removal of foreclosed buildings and improvements. B. Demolition Policies 1. Structures on foreclosed properties that are not economically feasible to rehabilitate, pose a health or safety threat, or are contributing to community blight may be demolished. Note that only blighted structures are eligible for demolition. 2. Demolished properties may be placed in a land bank, according to HERA guidelines, may be redeveloped, or may be transferred to a local non-profit provider of affordable housing. Page 6 of 15 IDE 3. Demolition will be considered if the cost to rehabilitate the acquired property is fiscally not feasible. Note that only blighted structures are eligible for demolition. 4. All residential structures acquired must have been foreclosed upon, vacant for at least ninety (90) days and on the lender's list of current inventory. 5. All proposed demolition must be approved by the Director of Housing and Human Services, or his/her designee, prior to commencing work. 6. Housing and Human Services does not intend demolition to be a major NSP activity. Rather, the Department reserves the right to demolish structures on acquired property should it be deemed more fiscally responsible and said structures are blighted. 7. Demolished property is subject to the minimum affordability period of the federal HOME Investment Partnership Program. C. Demolition Regulations . Demolition - 24 CFR 570.201(d) . Property Location - Section 2301(c)(2) of HERA . Program Income - 24 CFR 570.s00(a) . Environmental Reviews - 24 CFR part 58 . Affordabllity Period - 24 CFR 92.2S2(a), (c), (e) and (f), and 92.254 . Land Banking - 24 CFR 570.201(a) and (b) . Resale of Property - Section 2301(d)(3) of HERA . Uniform Relocation Act - 49 CFR 24.103 VI. LAND BANK OBIECTIVES AND POLICIES A. Obiectivefs) Establish a land bank for acquired foreclosed homes for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property. B. Land Bank Policies 1. All properties acquired for the local land bank must have been foreclosed upon, vacant for at least ninety (90) days and on the lender's list of current inventory. 2. The average purchase price for all properties acquired shall be discounted at least fifteen (15) percent from the current market appraised value. 3. The current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and completed within sixty (60) days prior to an offer to purchase or closing transaction. 4. An NSP-assisted property may not be held in a land bank for more than ten (10) years without obligating the property for a specific, eligible redevelopment in accordance with HERA requirements. 5. Acquired property is subject to the minimum affordability period of the federal HOME Investment Partnership Program. 6. Property must be granted and maintain a homestead exemption. C. Lank Bank Regulations . Land Bank - 24 CFR 570.201(a) and (b) . Property Location - Section 2301(c)(2) of HERA . Program Income - 24 CFR 570.500(a) . Environmental Reviews - 24 CFR part 58 . Affordability Period - 24 CFR 92.252(a), (c), (e) and (f), and 92.254 Page 7 of 15 IDE . Uniform Relocation Act - 49 CFR 24.103 VII. TRANSFER PROPERTY OBIECTIVES AND POLICIES A. Obiective(s) Provide permanent residential structures that will be occupied by a household whose income is at or below 120 percent of area median income. B. Transfer Proverty Policies 1. Residential properties acquired under the Collier County NSP program must be sold, rented or benefit households whose income is at or below 120 percent of area median income. 2. Twenty-five (25) percent of the Collier County NSP allocation must assist households whose income is at or below 50 percent area median income. 3. When an abandoned or foreclosed-upon home or residential property is purchased, redeveloped or otherwise sold to an individual as a primary residence, then such sale shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition. Sales and closing costs are eligible NSP redevelopment or rehabilitation costs. Note that the maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally may include, among other items, costs related to the sale of the property). HUD will not consider the costs of boarding up, lawn mowing, or simply maintaining the property in a static condition to be redevelopment or rehabilitation costs. 4. When an acquired home or residential property is rented, the maximum affordable rent shall not exceed the Fair Market Rents (FMR) as published annually by HUD for the Naples - Marco Island MSA. 5. Acquired property is subject to the minimum affordability period of the federal HOME Investment Partnership Program. C. Transfer Property Regulations . Acquisition - 24 CFR 570.201(a) . Property Location - Section 2301(c)(2) of HERA . Program Income - 24 CFR 570.500(a) . Affordability Period - 24 CFR 92.252(a), (c), (e) and (f), and 92.254 . Uniform Relocation Act - 49 CFR 24.103 . Resale of Property - Section 2301(d)(3) of HERA . Residency - HUD Handbook 4350.3 . Income Guidelines - Section 2301(f)(3)(A) of HERA VIII. ACTIVITY PROCEDURES A. General I. The Collier County Board of County Commissioners approves the HUD One Year Action Plan and delegates administration of the NSP grant to the Director of Housing and Human Services. il. The Director of Housing and Human Services has grant administration responsibility. Page 8 of 15 IDE iii. Current job descriptions for all actively involved employees will be maintained by the Department of Human Resources. iv. Financial duties and responsibilities must be separated so that no one employee has sole control over cash receipts, disbursements, payroll, reconciliation, etc. v. All activities must be in compliance with HERA, NSP and HUD CDBG regulations. B. Acquisition of Real Property i. The Director of Housing and Human Services, or his/her designee, will work with Real Property Management to identify abandoned and foreclosed properties for sale. Housing and Human Services may partner with Information Technology to produce GIS mapping of foreclosed properties. Additionally, Housing and Human Services may partner with Code Enforcement to develop a list of bank contacts for the acquisition of foreclosed properties. ii. As potential properties are identified, Housing and Human Services personnel, with the assistance of Real Property Management representatives, will conduct and initial evaluation of each property to determine suitability for acquisition and rehabilitation. iii. Real Property Management will conduct or procure an appraisal of each property deemed suitable within sixty (60) days prior to making an offer to purchase. Letter of federal funding use issued to bank. iv. Appraisals will note that the property has been vacant for at least ninety (90) days in order to conform and comply with the requirements of the Uniform Relocation Act (URA). v. Following initial evaluation and appraisal, proposed offers to purchase will be prepared by Housing and Human Services and Real Property Management personnel. All offers to purchase must be approved by the Director of Housing and Human Services. vi. Real Property Management will negotiate with foreclosing lenders to obtain acceptance of approved offers to purchase, and will prepare Agreements for Sale and Purchase. Letters of federal funding use will be issued to lenders as appropriate. vii. Agreements for Sale and Purchase will contain appropriate contingencies regarding marketable title, environmental review and other due diligence items, and must be approved by the County Attorney's Office for form and legal sufficiency. viii. Upon approval of Agreements for Sale and Purchase, Real Property Management will obtain proper execution of the Agreements. ix. Real Property Management will conduct all due diligence review, including obtaining evidence of clear title from an approved vendor, and will coordinate with Housing and Human Services, Risk Management, Code Enforcement, and other departments, agencies and organizations as appropriate. x. Housing and Human Services will perform Environmental Review as part of the due diligence process. xi. Real Property Management will prepare and/or review all documentation required for the closing of acquisitions, and will coordinate with the County Attorney's Office to obtain approval of all documents for form and legal sufficiency. Real Property Management will obtain proper execution of all documents. xii. Real Property Management will coordinate with Finance to obtain funds necessary for closing. xiii. Real Property Management will perform final examinations of title and conduct the closing of all acquisitions following all appropriate closing procedures, and will supervise the recording of acquisition conveyances and all documents necessary for title clearance in the Public Records of Collier County, Florida. xiv. Housing and Human Services to "drawdown" funds from HUD only after eligible funds have been expended. Page 9 of 15 IDE xv. Housing and Human Services to update quarterly insurance spreadsheet with newly acquired property information. xvi. All County departments assisting Housing and Human Services will use the inter- department billing system to receive payment for service(s) rendered. xvii. Acquisition purchase prices shall not exceed One Hundred Fiftv and 00/100 Dollars ($lS0,OOO.00l per residential unit. Any single acquisition purchase price in excess of the aforementioned limit must be specifically approved by the Collier County Board of County Commissioners. xviii. The Chairman of the Board of County Commissioners is authorized to execute Agreements for Sale and Purchase for the acquisition of residential properties at purchase prices in accordance with the Collier County NSP Administrative Plan, based upon appraised values, and as approved by the County Attorney's Office, through February 13, 2013. C. Rehabilitation i. Rehabilitation Specialist to perform site inspection and prepare Bid Specification Form. ii. Rehabilitation Specialist to ensure contractor access to property. iii. Housing and Human Services to work with Purchasing Department to procure bids for rehabilitation projects. vi. Director of Housing and Human Services and Purchasing Department to approve winning bid for projects. vii. Rehabilitation Specialist to notify Collier County Sherriff's Office of newly acquired residential properties. viii. Grant Support Specialist to transfer utilities to Collier County. ix. Grant Support Specialist to notify property maintenance vendor of newly acquired residential properties and add properties to Community Watch Program. x. Rehabilitation costs shall not exceed Fiftv Thousand and 00/100 Dollars ($50,000.00) per residential unit. The Department of Housing and Human Services shall have authority to enter into contracts for rehabilitation not to exceed fifty-thousand dollars ($50,000.00). The Purchasing Department shall have authority to enter into contracts for rehabilitation not to exceed two hundred thousand dollars ($200,000.00). Any rehabilitation expenditures in excess of the aforementioned limits per unit must be specifically approved by the Collier County Board of County Commissioners. xi. Payment for eligible activities will be governed by Section X - Purchasing Policy. D. Direct Assistance i. Housing Outreach Coordinator to qualify clients interested in Direct Assistance. ii. Housing and Human Services to use department approved checklist to ensure NSP property requirements are satisfied: letter of federal funding provided to seller, appraisal within sixty (60) days of offer to purchase or closing transaction, property foreclosed upon and vacant for ninety (90) days. iii. Housing Manager to approve all requests as eligible. iv. SHIP Loan Processor to prepare request for direct payment. Check to be issued jointly to closing agent and client(s). v. All households assisted not to exceed 120 percent Area Median Income (AMI). vi. All assisted households to complete at least eight (8) hours of home buyer education. vii. Direct Assistance shall not exceed Fiftv Thousand and 00/100 Dollars ($SO,OOO.OOl. The Department of Housing and Human Services shall have authority to enter into contracts, agreements and security instruments for direct assistance not to exceed fifty-thousand dollars ($50,000.00). Any direct assistance amounts in excess of the aforementioned Page 10 of 15 IOE limits per unit must be specifically approved by the Collier County Board of County Commissioners. viii. Direct Assistance may not exceed fifty (50) percent of the required down payment. E. Demolition i. Director of Housing and Human Services to approve all demolition activities. ii. Demolition will be considered if the cost to rehabilitate the acquired property is fiscally not feasible. Note that only blighted structures are eligible for demolition. iii. Estimated cost to rehabilitate will be determined by a Bid Specification Form completed by a Rehabilitation Specialist. iv. Following demolition, property may be either placed in a Collier County Land Bank for up to ten (10) years or ownership may be transferred to a local non-profit provider of affordable housing. v. Demolition shall not exceed Twentv Five Thousand and 00/100 Dollars ($25,000.00) per residential structure. The Department of Housing and Human Services shall have authority to enter into contracts for demolition not to exceed twenty-five thousand dollars ($25,000.00). Any demolition expenditure in excess of the aforementioned limits per structure must be specifically approved by the Collier County Board of County Commissioners. vi. Payment for eligible activities will be governed by Section X - Purchasing Policy. F. Land Banking i. Director of Housing and Human Services to approve all transfers of property to the Collier County Land Bank. ii. Housing and Human Services to partner with Real Property Management to track, report and monitor land bank properties. iii. Housing and Human Services to contract with vendor to maintain property (i.e. lawn maintenance, etc.). iv. Property may be held in land bank no longer than ten (10) years from date of acquisition by Collier County. G. Transfer of Prooerty i. Purchasers of NSP assisted residential dwelling units must obtain a first mortgage from a lender on the Housing and Human Services' approved lender list. ii. Proceeds from the sale of properties is considered program income as described in Section XIII- Program Income of this Administrative Plan. iii. Purchasers of N5P assisted residential dwelling units must have a household income of 120 percent of AMI or less. iv. If property is transferred to a non-profit provider of affordable housing and subsequently rented, the maximum affordable rent shall not exceed the Fair Market Rents (FMR) as published annually by HUD for the Naples-Marco Island MSA. Any revenue in excess of allowable costs must be returned to Collier County as program income. v. Purchasers are responsible for all closing costs associated with the transfer of property. vi. The maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally may include, among other items, costs related to the sale of the property). Page 11 of 15 IDE IX. PROGRAM PROCEDURES A. General i. Director of Housing and Human Services has responsibility for management and coordination of all aspects of the Collier County NSP Program. ii. Financial duties and responsibilities must be separated so that no one employee has sole control over cash receipts, disbursements, payroll, reconciliation, etc. iii. HUD has granted permission for grantees to incur pre-award costs effective September 30, 2008. iv. The NSP Program allows ten (10) percent of the gross grant amount plus ten (10) percent of program income to be used for general administration and planning costs as defined at 24 CFR 570.205 and 206. i. Rehabilitation Specialist will perform inspection of all properties considered for acquisition by Housing and Human Services. ii. Inspection will be performed using the HUD Housing Quality Standard (HQS) Inspection Form. iii. Housing and Human Services may contract with vendor to evaluate mold mitigation needs on acquired properties. iv. Rehabilitation Specialist may perform periodic inspections throughout the rehabilitation period. v. Inspection and approval of completed work must be completed by Housing and Human Services prior to issuance of partial or final payment. vi. Inspection will ensure compliance with lead-based paint procedures. vii. Housing and Human Services will ensure all code enforcement violations are remedied prior to transferring ownership. viii. At a minimum, the Department of Housing and Human Services intends to administer all NSP related activities during the initial eighteen (18) months under County control and operation. B. Environmental Review i. All properties proposed for acquisition must compiy with the environmental review requirements pursuant to 24 CFR part 58. C. Change Orders i. All changes to contracts subject to the provisions of the Collier County Purchasing Policy shall be processed in accordance with that policy and the County's Procurement Administrative Procedures. ii. The Purchasing Department may approve administratively a contract extension up to six (6) months from date of original contract or agreement execution. iii. Extensions greater than six (6) months time must be approved by the Collier County Board of County Commissioners. D. Pavment i. Housing and Human Services shall present the Clerk's Finance Department with Request for Payment packages and/or process requests for payment against established Purchase Orders. ii. Progress payments, as approved by Housing and Human Services, may be made directly to a vendor or organization for any NSP eligible activity. iii. Payment for eligible work tasks and/or activities may be made directly to the provider of the service(s), as approved by Housing and Human Services. Page 12 of 15 IDE iv. Eligible activities are those outlined in the US Department of Housing and Urban Development Docket No. FR-5255-N-01. v. Any performance milestones are in effect for program monitoring requirements only, and as such, are used by Housing and Human Services, HUD and other grantor agencies as general target goals rather than strict performance requirements. E. Final Insvection i. Upon completion of all rehabilitation work, Rehabilitation Specialist will issue a Certificate of Final Inspection. ii. Contractors will provide all requested and required release of liens, certificate of occupancy and any other construction related close-out documents. F. Monitoring County Owned Prooerties i. Once title is transferred to Collier County, properties will be placed on the Community Watch Program list. ii. Housing and Human Services will work with Purchasing to properly procure home maintenance services for all County owned properties. Services may include, but not be limited to, lawn care maintenance, routine site inspections, lock changing and post- construction cleanup. Iii. Collier County Sheriff's office will be notified of all properties currently owned by Collier County. iv. Housing and Human Services' Rehabilitation Specialist will make regular site visits to monitor property conditions and ensure contracted work is on schedule and being completed as planned. G. Transfer of Property i. Housing and Human Services will maintain a list of completed homes available for sale/rental and a list of homes currently under construction with an estimated availability date. ii. Persons wishing to purchase an NSP assisted home will be served on a first-come-first served basis once eligibility and readiness to purchase has been secured. iii. Purchasers shall be responsible for all closing costs involved in property transfer. iv. To facilitate the sale of an NSP assisted property, Collier County and purchaser will enter into a standard Agreement for Sale and Purchase through Real Property Management. v. Purchasers must provide at least a One Thousand and 00/100 Dollar ($1.000.00l deposit which will be applied to the closing costs. vi. All interested purchasers to be pre-qualified by Housing and Human Services. X. PURCHASING POLICY Collier County's Department of Housing and Human Services will employ the following Purchasing Policy for management of the NSP Program: i. Acquisition of Real Property a. Real Property Management shall have authority to negotiate the purchase of real property eligible for the Collier County NSP Program. b. Real Property Management shall negotiate with foreclosing lenders to obtain acceptance of approved offers to purchase, and will prepare Agreements for Sale and Purchase. c. Agreements for Sale and Purchase will contain appropriate contingencies regarding marketable title, environmental review, and other due Page 13 of 15 IDE diligence items, and must be approved by the County Attorney's Office for form and legal sufficiency. d. Acquisition purchase prices shall not exceed One Hundred Fiftv Thousand and 00/100 Dollars ($lS0,000.00) per residential unit. Any single acquisition purchase price in excess of the aforementioned limit must be specifically approved by the Collier County Board of County Commissioners. e. The Chairman of the Board of County Commissioner is authorized to execute Agreements for Sale and Purchase for the acquisition of residential properties at purchase prices in accordable with the Collier County NSP Administrative Plan, based upon appraised values, and as approved by the County Attorney's Office, through February 13, 2013. ii. Other Purchases (excluding Real Property) a. All purchases, excluding real property, under the NSP Program shall be procured in accordable with the County's Purchase Policy and the County's Procurement Administration Procedures. b. All purchases, excluding real property, of Two Hundred Thousand and 00/100 Dollars ($200.000.00) or less under section X(ii)(a) may be awarded by the Purchasing/General Services Director. c. All purchases, excluding real property, exceeding Two Hundred Thousand and 00/100 Dollars ($200,000.00) included under section X(ii)(a) shall be awarded by the Board of County Commissioners. Xl. MARKETING PROGRAM Collier County's Department of Housing and Human Services will actively market the Neighborhood Stabilization Program (NSP). The purpose of the marketing program is to raise community awareness of the program's availability, locate qualified and interested residents in the program, inform local non-profit providers of affordable housing about potential program opportunities and involve our local contractors and tradesmen. The Collier County NSP program will seek to increase the availability of affordable housing while also stimulating local businesses. All vendors interested in participating in the program will be encouraged to register with the Collier County Purchasing Department thereby allowing the dissemination of requests for services. The Department of Housing and Human Service may market the program through newspaper advertisements, Collier TV, local fairs and scheduled events. Housing and Human Services will work with the Public Service Public Information Officer, as well as the Communication and Customer Relations Department. The Director of Housing and Human Services, or designee, will work with the Public Services Public Information Officer to approve all marketing activities and expenses in advance. XII. REPORTING The U.S. Department of Housing and Urban Development (HUD) requires regular reporting on each NSP grant through the Disaster Recovery Grant Reporting (DRGR) system. For NSP only, HUD is waiving the annual reporting requirements of the consolidated plan to allow for collection of more regular information on various aspects of the uses of funds and of the activities funded with NSP dollars. To collect these data elements and to meet reporting requirements, HUD is requiring Collier County to report on its NSP funds using the online DRGR system, a streamlined, Internet-based format. The NSP program requires quarterly reports. Such reports are due not later than thirty (30) days following the end of each calendar quarter Page 14 of 15 IDE with the first such report due not later than July 31,2009, for the quarter ending June 30, 2009. Each quarterly report must be posted on Collier County's website so that the public may have ready access to the information. In addition to this quarterly performance reporting, Collier County will report monthly on its NSP obligations and expenditures beginning thirty (30) days after the end of the 15th month following receipt of funds, and continuing until reported total obligations are equal to or great than Collier County's total NSP award. For more information please refer to the October G, 2008 Federal Register Notice (73 FR 58341, Section 0, Reporting). Xlll. PROGRAM INCOME Revenue received by Collier County (as defined at 24 CFR 570.500(c)) that is directly generated from the use of CDBG funds (which term includes NSP grant funds) constitutes program income. Additionally, HUD requires anv revenue from the sale, rental, redevelopment, rehabilitation or any other eligible use of NSP funds to be provided to and used by Collier County. This includes revenue received by a private individual or other entity that is not a subrecipient. Program income received before July 30, 2013 may be retained by Collier County and treated as additional CDBG funds and used in accordance with NSP regulations. Program income received on or after July 30, 2013 must be returned to the u.s. Treasury. Substantially all program income must be disbursed for eligible NSP activities before additional cash withdrawals are made from the u.S. Treasury. HUD permits Collier County's Department of Housing and Human Services to use ten (10) percent of the NSP grant and ten (10) percent of program income earned for general administration and planning activities as those are defined at 24 CFR 570.205 and 20G. The ten (10) percent limitation applies to the grant as a whole. The Collier County Neighborhood Stabilization Program Administrative Plan is adopted this 24th day of March, 2009. ATTEST: DWIGHTE. BFlOCK,c'q:cRK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA If} ,I' d- BY: ~. ;/"1->-'""'''' , A -4t24/2009 DONNA FIALA, CHAIRMAN AtttIt _.~ C'ltI' .t..... OII~, APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~~ BY: . COLLEEN GR ENE ASSISTANT COUNTY ATTORNEY Page 15 of 15