Agenda 10/28/2008 Item #16D22
Agenda Item No. 16022
October 28, 2008
Page 1 of 21
EXECUTIVE SUMMARY
."'-'
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign a subrecipient agreement providing for a $35,000 State Housing Initiatives
Program (SHIP) grant to the Collier County Housing Development Corporation (CCHDC),
to provide Homebuyer Education Counseling and Foreclosure Prevention Counseling to
benefit persons earning less than 120% of Family Median Income of Collier County.
OBJECTIVE: To provide a State Housing Initiatives Program (SHIP) grant in the amount of
$35,000 to the Collier County Housing Development Corporation (CCHDC) for the purpose of
providing Homebuyer Education Counseling and Foreclosure Prevention Counseling to benefit
low and moderate income individuals.
CONSIDERATIONS: The Collier County Housing and Human Services Department proposes
to provide $35,000 from State Housing Initiatives Program (SHIP) funds for a grant to The
Collier County Housing Development Corporation (CCHDC). This grant will fund a Homebuyer
Education Counseling and Foreclosure Prevention Counseling program. This SHIP grant will
educate approximately 250 people on home buyer education and financial counseling. The Collier
County Housing Development Corporation (CCHDC) will assist clients in homebuyer education,
credit counseling, and foreclosure prevention counseling. The CCHDC will assist clients in
developing personal budgets and will assist them in working with their lender.
/-
On April 24, 2007, the Board of County Commissioners adopted Resolution No. 2007-96
approving a revision to the three year LHAP adding new definitions and new strategies outlining
the intended use of SHIP funds for fiscal years 2007-2008, 2008-2009 and 2009-2010. The
LHAP provided a summary of the projects to be funded. The project included in this agreement
was approved as part of the State FY 2008-2009 LHAP.
FISCAL IMPACT: Approval of this agreement will provide a SHIP grant in the amount of
$35,000.00 to CCHDC. No general funds are being utilized in this SHIP project.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office.
It is legally sufficient for Board action. CMG
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairman to sign a subrecipient agreement providing for a $35,000 grant to the Collier County
Housing Development Corporation (CCHDC) using State Housing Initiatives Program (SHIP)
funds.
Prepared by: Rosa Munoz, Grants Coordinator
Housing and Human Services Department
.-
Page 1 of 1
Agenda Item No. 16022
October 28, 2008
Page 2 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16022
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign a sub recipient agreement providing for a $35.000 State Housing Initiatives
Program (SHIP) grant to the Collier County Housing Development Corporation (CCHDC). to
provide Homebuyer Education Counseling and Foreclosure Prevention Counseling to benefit
persons earning less than 120% of Family Median Income of Collier County.
Meeting Date:
10128/2008900:00 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/13/2008 6 :07 PM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
10/14/2008 11 :11 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/14/2008 1 :13 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
10/14/20085:00 PM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
10/15/2008 12:02 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technoiogy
10/16/20089:03 AM
Approved By
Sherry Pryor
Management & Budget Anall'st
Date
County Manager's Office
Office af Management & Budget
10/16/20084:27 PM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/21 t200a 1 :27 PM
file://C:\AgendaTest\Export\ 115-0ctober%2028, %202008\ 16.%20CONSENT%20AGEN...
10/22/2008
Agenda Item No. 16022
October 28,2008
Page 3 of 21
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION
SHIP HOMEBUYER EDUCATION AND COUNSELING
CSFA #52.901
This Agreement entered into this _ day of , 2008, by and between Collier County, a
political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and Collier County
Housing Development Corporation, a private not-for-profit corporation, existing under the laws of the State of
Florida, having its principal office at 4779 Enterprise Avenue, Naples, Florida 34104, and its Federal Tax
Identification number as 38-3695928, hereinafter referred to as "SPONSOR."
WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership (SHIP) Program; and
WHEREAS, pursuant to the SHIP Program, the COUNTY is undertaking certain activities to primarily
benefit persons earning less than 120% of Median Family Income; and
WHEREAS, the Local Housing Assistance Plan (LHAP) Fiscal Year 2005-2007 was adopted on April 27,
2004, in Collier County Resolution Number 2004-155; and
WHEREAS, through Resolution No. 2007-96 the Board of County Commissioners adopted a revision to the
three year LHAP adding new definitions and new strategies outlining the intended use of SHIP funds for fiscal
years 2007-2008, 2008-2009 and 2009-2010; and
WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in Exhibit "A" of this
Agreement, in accord with the approved Local Housing Assistance Plan (LHAP); and
WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the State
Housing Initiatives Partnership (SHIP) Program as valid and worthwhile County purposes.
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 1 of 19
Agenda Item No. 16D22
October 28, 2008
Page 4 of 21
NOW, THEREFORE, in consideration of the mutual promises and covenants hcroin contained, it is agreed
by the PaIiies as follows:
1. DEFINITIONS
(1.)
(2.)
(3.)
(4.)
(5.)
(6.)
(7.)
(8.)
(9.)
"COUNTY" means Collier County, and where applicable, it's authorized representative(s).
"SHIP" means the State Housing Initiatives Partnership Program.
"HHS" means the Housing and Human Services Depmtment of Collier County.
"SPONSOR" means the Collier County Housing Development Corporation.
"HHS Approval" means the written approval of Housing & Humm1 Services or designee.
"HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
'"FHFC" means the Florida Housing Finance Corp.
"Low and very low income persons" means the definition set by HUD.
"Project" means the work contemplated to be performed as set fOIih in Exhibit "A".
II. SCOPE OF SERVICES
The SPONSOR shall, in a satisfactory and proper manner, as determined by HHS, perfonn the tasks necessary
to conduct the program outlined in Exhibit "A", and shall submit each request for reimbursement of funds
using Exhibit "B" along with the monthly and annual submission of Exhibit "E", all of which are attached
hereto and made a part hereof:
III. TIME OF PERFORMANCE
The effective date of the agreement between Collier County and the f,'Tant agency is July 1, 2008, and the
services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. In
any event, all services required hereunder shall be completed by the SPONSOR prior to September 30, 2009.
Any funds not obligated by the cxpiration datc of this Agrccmcnt shall automatically revert to the COUNTY,
as set forth in Part VIII (F) (5), and Part VIII (H) below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SPONSOR shall be reimbursed by the COUNTY using SHIP funding for allowable costs, determined by
COUNTY, in an amount not to excccd THIRTY FIVE THOUSAND and 00/1 00 DOLLARS (U.S. $35,000)
for the services desclibed in Exhibit "A."
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 Korth Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SPONSOR
when delivered to its office at the address listed on page one (1) of this Agreement.
Page 2 of 19
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Agenda Item No. 16022
October 28,2008
Page 5 of 21
VI. SPECIAL CONDITIONS
The SPONSOR agrees to comply with the requirements of the SHIP Program as described in the FIOlida
Statute 420.907-420.9079 and Chapter 67.37 of the Florida Administration Code. The SPONSOR further
agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise
available for specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENT A TION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The SPONSOR shall implement this Agreement in accordance with applicable Federal, State,
and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and
Procedures memoranda. The Federal, State, and County laws, ordinances and codes are
minimal regulations supplemented by more restrictive guidelines set forth by HHS. No
payments will be made until approved by HHS or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SPONSOR shall notify HHS in writing within thirty (30) days of receiving notification fl.-om
the funding source and submit a cost allocation plan for approval by HHS or designee within
forty- five (45) days of said official notification.
B. SUBCONTRACTS
Any work or services subcontracted by the SPONSOR shall be specifically by written contract
or af:,'feement, and such subcontracts shall be subject to each provision of this Agreement and
applicable County, State, and Federal guidelines and regulations. Prior to execution by the
SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the
SPONSOR to HHS for its review and approval, which will specifically include a detClmination
of compliance with the terms ofthe attached Work Program set forth in Exhibit "A."
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the
COUNTY without prior written approval of HHS or his designee.
C. AMENDMENTS
This Agreement, along with all exhibits and attachments which are hereby incorporated as a
pati of this Agreement, may not be modified, amended, or extended orally. The County may,
at its discretion, amend this Agreement to confOlm to changes required by State, or County
guidelines, directives, and objectives. Such amendments shall be incorporated by written
amendment as a part of this Agreement and shall be subject to approval of the County.
This Agreement may be amended only by written agreement executed by the goveming boards
of both parties, except that County representative may approve adjustments between line item
amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that
do not change the project, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 3 of 19
Agenda Item No. 16022
October 28. 2008
Page 6 of 21
Administrative Procedures in effect at the time such modifications are authorized.
D. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold
harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attol11eys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SPONSOR or anyone employed or utilized by the SPONSOR in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole
negligence of Collier County. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
C. GRANTEE RECOGNITION
All facilities purchased or constlUcted pursuant to this Agreement shall be clearly identified as
to funding source. The SPONSOR will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SPONSOR will make a
good faith effort to recognize HHS' support for all activities made possible with funds made
available under this Agreement. The SPONSOR wi11 mount a temporary construction sign for
projects funded by HHS. This design concept is intended to disseminate key information
regarding the development team as weIl as Equal Housing Opportunity to the general public.
This sign construction utilizes a minimum conventional 4'X 8' plywood back panel and other
conventional constlUction materials and methods.
D. TERMINA TrON
In event of tel111ination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SPONSOR with funds under this Agreement shall be returned to
HHS or the COUNTY. In the event of tennination, the SPONSOR shall not be relieved of
liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR
for set-off purposes until such time as the exact amount of damages due to the COUNTY from
the SPONSOR is detem1ined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to tenninate this
Agreement in whole or part by giving wlitten notice of such tennination to the other party and
specifying therein the effective date ofteImination.
2. TERMINATION FOR CONVENIENCE
At any time during the tenn of this Agreement, either party may, at its option and for any
reason, tenninate this Agreement upon ten (10) working days written notice to the other patty.
Upon tennination, the COUNTY shall pay the SPONSOR for services rendered pursuant to
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 4 of 19
Agenda Item No. 16022
October 28, 2008
Page 7 of 21
this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the State Housing Initiatives Partnership Program is suspended or terminated, this
Agreement shall be suspended or terminated effective on the date that SHIP specifies.
G. INSURANCE
SPONSOR shall obtain and catTy, at all times during its perfonnance under the Contract
Documents, insurance of the types and in the amounts described herein and fUliher set forth in
Exhibit D to this Agreement.
H. SPONSOR LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve the SPONSOR of its
liability and obligation under this subsection or under any subsection of this contract The
contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days
after the Board of County Commissioners' approval. If the Insurance certificate is received
within the specified period, but not in the manner prescribed in these requirements, the
SPONSOR shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected Celiificate to the County.
If the SPONSOR fails to submit the required insurance documents in the manner prescribed in
these requirements within twenty (20) calendar days after the Board of County Commissioners'
approval, the SPONSOR shall be in default of the telms and conditions of the contract.
VIII. ADMINISTRATIVE REQUIREMENTS
A. DOCUMENTATION AND RECORD - KEEPING
1. The SPONSOR shall maintain all records required by the SHIP Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SPONSOR for the purpose of this
Agreement shall be made available to the COUNTY by the SPONSOR at any time upon
request by the COUNTY or HHS. Upon completion of all work contemplated under this
Agreement copies of all documents and records relating to this Agreement shall be
sUlTendered to HHS if requested. In any event the SPONSOR shall keep all documents
and records for three (3) years after expiration of this Agrecment.
3. SPONSOR shall submit monthly beneficiary reports to HHS using Exhibit "E".
4. Indirect Costs: If indirect costs are charged, the SPONSOR will develop an indirect
cost allocation plan for deteImining the appropriate SPONSOR's share of
administrative costs and shall submit such plan to the County for approval, in a fOlm
specified by the County.
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 5 of 19
Agenda Item No. 16022
October 28. 2008
Page 8 of 21
B. REPORTS, AUDITS, AND EV ALVA TIONS
Advance payments and/or reimbursement will be contingent on the timely receipt of complete
and accurate reports required by this Agreement, and on the resolution of monitoring or audit
findings identified pursuant to this Agreement.
C. ADDITIONAL HHS, COUNTY, AND SHIP REQUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the
SPONSOR complies with any additional conditions that may be imposed by HHS, the
COUNTY, or SHIP at any time. Additional requirements are listed on Exhibit C.
D. AUDITS AND INSPECTIONS
1. Non-profit organizations that expend $500,000 or more annually in federal or state awards shall
have a single or program-specific audit conducted for that year in accordance with OMB A-
133. Non-profit organizations expending federal or state awards of $500,000 or more. under
only one federal or state program may elect to have a program-specific audit performed in
accordance with OMB A-133. SPONSOR's who will be receiving, or who have received,
federal or state awards for loans or loan h'Uaranteed programs with may be required to conduct
audits of those programs in accordance with regulations of the federal agencies providing those
guarantees or loans.
2. Non-profit organizations that expend less than $500,000 annually in federal or state awards
shall be exempt from an audit conducted in accordance with OMB A-133, although their
records must be available for review (e.g., inspections, evaluations). These agencies are
required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits).
They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for
each federal award in accordance with federal laws and regulations governing the program in
which they pmiicipate. Records must be available for review or audit by appropriate officials
of federal and County agencies.
3. When the requirements of OMB A-133 apply, or when the SPONSOR elects to comply with
OMB A-133, an audit shall be conducted for each fiscal year for which federal or state awards
attributable to this contract have been received by the SPONSOR. Each audit shall include a
fiscal review, which includes a validation of all program-generated income and its disposition,
especially attributable to SHIP funds, an internal control review, and a compliance review as
described in OMB A-133. A copy of the audit report in triplicate must be received by HHS no
later than six months following the end of the SPONSOR's fiscal year.
4. If an audit is required by Section D of this contract, but the requirements of OMB A-133 or
SHIP do not apply or are not elected, the SPONSOR may choose to have an audit performed
either on the basis of the SPONSOR's fiscal year or on the basis of the period during which
HHS federal or state assistance has been received. In either case, each audit shall cover a time
period of not more than twelve months and an audit shall be submitted covering each assisted
period until all the assistance received from this contract has been repOlied. Each audit shall
adhere to all other audit standards of OMB A -133, as these may be limited to cover only those
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 6 of 19
Agenda Item No. 16D22
October 28,2008
Page 9 of 21
services undertaken pursuant to the terms of this contract. A copy of the audit repoI1 in
triplicate must be received by HHS no later than six months following each audit period.
5. The SPONSOR shall maintain all contract records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by the County pursuant to
the terms of this contract.
6. The SPONSOR shall maintain all contract records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Exhibit A in this contract.
7. The SPONSOR shall ensure that the contract records shall be, at all times, subject to and
available for full access and review, inspection, or audit by County and federal or state
personnel and any other personnel duly authorized by the County.
8. The SPONSOR shall include in all HHS 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 HHS, each of the record-keeping and audit requirements detailed
in this contract. HHS shall, in its sole discretion, determine when services are eligible
substantive programmatic services and subject to the audit and record-keeping requirements
described above.
E. GRANT CLOSEOUT PROCEDURES
SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities dUling this closeout period shall include, but not limited to; sale and
occupancy of the unit, making final payments, disposing of program assets (including the
retum of all unused materials, equipment, unspent cash advances, program income balances,
and receivable accounts to the COUNTY), and determining the custodianship of records.
IX. OTHER PROGRAM REQUIREMENTS
A. PROGRAM BENEFICIARIES
One hundred percent (100%) of the beneficiaries of the project funded through this Agreement
must be persons earning less than 120% of Family Median Income. The project funded under
this Agreement shall assist beneficiaries for the term of the assistance, as designated in Exhibit
A of this Agreement. The SPONSOR shall provide written verification of compliance to HHS,
on an annual basis, upon HHS's request.
B. EVALUATION AND MONITORING
The SPONSOR agrees that HHS will carry out periodic monitoring and evaluation activities as
determined necessary by HHS or the COUNTY and that the continuation of this Agreement is
dependent upon satisfactory evaluation conclusions based on the terms of this Agreement,
comparisons of planned versus actual progress relating to project scheduling, budgets, audit
reports, and output measures. The SPONSOR agrees to fumish upon request to HHS, the
-,
CCHDC/SHIP Page 7 of 19
2008 Agreement for
Homebuyer Education & Counseling
"''1<-;''''-'''--'''''-'-'''' .....,'___~~,.,".
Agenda Item No. 16022
October 28,2008
Page 10 of 21
COUNTY or the COUNTY's designees and make copies or transcriptions of such records and
information, as is determined necessary by HHS or the COUNTY. The SPONSOR shall, upon
the request of HHS, submit information and status reports required by HHS, or the COUNTY
on fOlms approved by HHS to enable HHS to evaluate said progress and to allow for
completion of reports required of HHS by SHIP. The SPONSOR shall allow HHS to monitor
the SPONSOR on site. Such site visits may be scheduled or unscheduled as detennined by
HHS and the Florida Housing Finance Corporation.
C. CONFLICT OF INTEREST
The SPONSOR covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the perfonnance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SPONSOR. Any possible conflict of
interest on the part of the SPONSOR or its employees shall be disclosed in writing to HHS
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum oPPoItunity be provided for
employment of and palticipation of low and very low-income rcsidcnts of the project target
area.
D. PGBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. Stat. by entering into this Agreement or perfOlming any
work in fultherance hereof, the SPONSOR certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of FlO1ida Department of Management Services
within the 36 months immediately preceding the date hereof. This notice is required Section
287.133 (3)(a), Fla. Stat.
E. DRUG-FREE WORKPLACE REQUIREMENTS
The SPONSOR, as a condition of being awarded, must celtify that they will provide drug-free
workplaces in accordance with the Dlllg-Free Workplace Act of 1988 (42 U.S.c. 701) and with
HUD's rules at 24 CFR PaIt 24, subpatt F.
F. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No SHIP/STATE appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any
SHIP/STATE contract, the making of any SHIP/STATE grant, the making of any
SHIP/STATE loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any SHIP/STATE contract, grant,
loan, or cooperative agreement.
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 8 of 19
Agenda Item No. 16022
October 28, 2008
Page 11 of 21
2. If any funds other than SHIP/STATE appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this SHIP/STATE contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the lan!,ruage of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative Agreements) and that all SPONSORS
shall certify and disclose accordingly.
X. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall -Hot be
affected thereby if such remainder would then continue to confonn to the tenns and requirements of
applicable law.
XI. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of nineteen (19) enumerated pages, which include the exhibits referenced
herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and
such counterparts will constitute one and the same instrument.
XII. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the pm1ies hereto and
constitutes the entire understanding. The patiies hereby acknowledge that there have been and are no
representations, waITanties, covenants, or undertakings other than those expressly set forth herein.
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 9 of 19
Agenda Item No. 16022
October 28. 2008
Page 12 of 21
IN WITNESS WHEREOF, the Sponsor and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on this October 28, 2008.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Tom Henning, Chairman
Dated:
(SEAL)
The Collier County Housing Development Corporation
(CCHDC)
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CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 10 of 19
Agenda Item No. 16022
October 28, 2008
Page 13 of 21
EXHIBIT "A"
SCOPE OF SERVICES
THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION
SHIP
HOMEBUYER EDUCATION AND COUNSELING
1. THE SPONSOR AGREES TO:
A. PROJECT SCOPE:
This project will provide homebuyer education workshops and one-to-one homebuyer counseling for
individuals and families seeking to purchase a home, or who already own a home and are concerned
about foreclosure or predatory lending practices. This State Housing Initiatives Program (SHIP) grant
in the amount of THIRTY FIVE THOUSAND DOLLARS ($35, 000) will assist the Collier County
Housing Development Corporation (CCHDC) to provide homebuyer education, credit counseling, and
foreclosure counseling. CCHDC has previously offered this program to clients.
The SPONSOR agrees to complete the following:
a. Provide proof of being or becoming a HUD Certified Counseling Agency.
b. Class evaluation summary must be submitted to HHS with a monthly monitoring report.
c. Conduct ten (10) Homebuyer Education Workshops (consisting of 2 nights up to six hour
sessions) for a total of 20 classes.
d. Fifty (50) households to receive pre-purchase and extended credit counseling.
e. Fifty (50) households to receive foreclosure counseling.
f. Reach approximately 250 attendees per year.
The SPONSOR will be rcsponsible for providing suppOliing documentation for services when a
request for payment is made to HHS. The SPONSOR further agrees that HHS, in consultation with
any parties HHS deems necessary, shall be the final arbiter on the SPONSOR's compliance with the
above.
B. BUDGET:
Line Item:
SHIP Funds
Homebuyer Ed Classes
($1,500 per Class/20 Classes)
Individual Counseling Sessions
($50 per session/I 00)
TOT AL SHIP FUNDS
$30,000.00
$ 5,000.00
$35, 000.00
If indirect costs are charged, the Sponsor will develop an indirect cost allocation plan for detel1uining
the appropriate Sponsor's share of administrative costs and shall submit such plan to the County for
approval, in a form specified by the County.
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page II of 19
Agenda Item No, 16022
October 28, 2008
Page 14 of 21
Exhibit A, Continued
c. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
D. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHIP funded
projects may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG/HOME/SHIP funds.
E. WORK SCHEDULE: The time frame for the outlined activities shall be:
Milestone
Offer Homebuyers Ed W orkshops- 10 times per year (20
classes
Provide 50 households with Pre-Purchase and Extended
Credit Counseling and 50 households with Foreclosure
, Counselin .
Re 011 to Collier Count Loan Consortium 3-times er vear
Offer Foreclosure Prevention Counselina for clients
Final Com letion date shall be no later than.
Deadline
September 30, 2009
September 30, 2009
Se tember 30, 2009
Se tember 30, 2009
Se tember 30,2009
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
F. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status
of specific activities under the project. Each rep011 must account for the total activity for which the
SPONSOR is reimbursed with SHIP funds, in part or in whole, and which is required in fulfillment of
their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit
"E". The progress repOl1s shall be used as an additional basis for HHS approval of invoices, etc. for
payment.
G. PAYMENT SCHEDULE:
Payment will be rendered to the organization upon conclusion and documentation of conducting the
class. Documentation shall include the class roster, and sign in sheet. Final class payment to be tied to
reaching participation numbers.
$1500 per class for 20 classes = $30,000
$50 per individual counseling session = (not to exceed)=$5,000
H. COMPENSATION: The County shall reimburse the SPONSOR for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section F. Payments shall be
made to the SPONSOR when requested as work progresses, but not more frequently than once per
month. Adherence to the work schedule identified in Section E will be required, unless modified in
writing by the pmiies. Payment will be made upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act".
End of Exhibit A
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 120f19
Agenda Item No. 16022
October 28, 2008
Page 15 of 21
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
SPONSOR Name:
Collier County Housing Development Corporation
SPONSOR Address:
4779 Enterprise Avenue. Naples. FL 34104
Project Name:
Homebuyer Education and Counseling
Project No: SH08-
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
2. Sum of Past Claims Paid on this Account
35,000
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
5. Amount of To day's Request
$
6. Current Grant Balance (Initial Grant Amount A warded
Less Sum of all requests)
$
I certify that this request for payment has been drawn in accordance with the tenns and conditions of the
Agreement between the County and us as the Sub-recipient. I also celiify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 13 of 19
EXHIBIT "C'
ADDITIONAL SHIP GRANT REOUIREMENTS
No Additional SHIP requirements for this agreement.
End of Exhibit C
Agenda Item No. 16022
October 28, 2008
Page 16 of 21
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 14 of 19
Agenda Item No. 16022
October 28, 2008
Page 17 of 21
EXHIBIT "D"
INSURANCE REQUIREMENTS
The SPONSOR shall fumish to Collier County, c/o Housing and Human Services Dcpartment,
3050 Horseshoe Drive NOlih, Suite 110, Naples, Florida 34104, CeIiificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per
occurrence for combined Bodily Injury and Property Damage. Collier County must be shown
as an additional insured with respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $300,000 per OCCUlTence for
combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in (a) - (c) above, a Certificate ofInsurance must be provided
as follows:
(d.) Professional Liability Insurance in the name of the SPONSOR or the licensed design
profcssional employed by the SPONSOR in an amount not less than $300,000 per OCCUlTence
providing for all sums which the SPONSOR and/or the design professional shall become
legally obligated to pay as damages fro claims arising out of the services performed by the
SPONSOR or any person employed by the SPONSOR in connection with this contract. This
insurance shall be maintained for a period of two (2) years after the certificate of Occupancy
is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in (a) - (d) above, the SPONSOR shall provide or cause its
Subcontractors to provide original policies indicating the following types of insurance coverage
prior to any construction:
(e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than
one hundred (100%) percent of the insurable value of the building(s) or structure(s). The
policy shall be in the name ofCollier County and the SPONSOR.
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 15 of19
Agenda Item No. 16022
October 28,2008
Page 18 of 21
Exhibit D, Continued
(f.) Flood Insurance shall be provided for those propertics found to be within a flood hazard zone,
in an amount not less than the full replacement values of the completed structure(s) or the
maximum amount of coverage available through the National Flood Insurance Program
(NFIP), whichever is greater. The policy will show Collier County as a Loss Payee
A.T.l.M.A. This policy will be provided as such time that he buildings' walls and roof exist.
OPERA nON/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Contract:
(g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined
Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
(h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the rcplaccment cost of thc property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.l.M.A.
(i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for the
full replacement values of the structure(s) or the maximum amount of coverage available
through the National Flood Insurance Program (NFIP). The policy must show Collier County
as a Loss Payee A.T.l.M.A.
End of Exhibit D
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counscling
Page 16 of 19
Aaenda Item No. 16022
~ October 28, 2008
Page 19 of 21
EXHIBIT "E"
SHIP MONTHLY PROGRESS REPORT
Completefo1'mfor past month and suhmit to Housing & Human Services sta/fhy the Idh of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Homebuyer Education and Counseling
Project Number SH08-
Activity Number
SPONSOR:
Collier County Housing Development Corporation
Contact Person
Kathy Patterson. Executive Director
Telephone: (239) 434-2397
Fax: (239) 430-2387
E-mail:
kpatterson@collierchdc.org
1. Activity Status/Milestones (descIibe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
CCHDC/SHIP Page 17 of 19
2008 Agreement for
Homebuyer Education & Counseling
,.".;''''''''',-~--,~ P' rr- .,,,,..,,..,,.-
Agenda Item No. 16022
October 28. 2008
Page 20 of 21
Exhibit E, Continued
6. New participants enrolled this month (if applicable):
Name of Participant, Name of Date of Race Etlmicity
class class
Address & Phone Number (see definitions (see definitions
! on following on following
page) page)
7. For projects that serve a particular clientele, please complete the foJlowing infonnation by entering the
appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by
either households or persons served. However, if one person received TWO services this counts as-T\VO
SERVICE UNITS:
TOT AL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number 0.( beneficiaries in the blank space and in box" 1. ,.
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%) of the cunent
Median Family Income (MF!). Enter this number in box "2. "
Of the households or persons assisted, are very low-income (31-50%) of the cunent Median
Family Income (MFI). Enter this number in box "3. ,.
Of these households or persons assisted,
Income (MFI). Enter this number in box "4. ,.
are low-income (51-80%) of the current Median Family
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below.
Female Head of Households REGARDLESS of income. Enter this number
BOX 1 BOX 2 BOX 3 BOX 4 BOX 5
Total Number of Extremely Very Low Income Female Head of
Households or Persons Low Incume Low Income (51-XO%) Hou,ehcld
A,sisted
(0-30%) (31-50%)
I !
I i :
Sponsors must indicate total beneficiaries for Race AND Ethnicitv
CCHDC/SHIP
2008 Agrecment for
Homebuyer Education & Counseling
Page 18 of 19
Agenda Item No, 16022
October 28,2008
Page 21 of 21
Exhibit E, Continued
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples ofNOlih
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and Whi te
Blackl African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
End of Exhibit E
CCHDC/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 19 of 19