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Agenda 10/13/2015 Item #16D13
10/13/2015 16.D.13. /'� EXECUTIVE SUMMARY Recommendation to declare that the implementation of the Purchase Assistance Program under the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) as administrative and ministerial and that grant program management and administration shall continue consistent with past practices. OBJECTIVE: To provide purchase assistance toward achieving homeownership in Collier County. CONSIDERATIONS: On July 7, 1992, the Florida legislature enacted the William E. Sadowski Affordable Housing Act to provide additional funding to local communities to promote and advance affordable housing. Collier County receives funds from the State of Florida through the Florida Housing Finance Corporation to undertake eligible activities. In the 2013 -2016 Local Housing Assistance Plan, approved on April 23, 2013 (Agenda item 16134) and amended on April 8, 2014 (Agenda item 16D1) the Board approved funds to provide purchase assistance as well as owner - occupied residential rehabilitation assistance, and administrative support. Administration of the purchase assistance program follows the prescriptive recipient selection criteria (first received, first qualified) and maximum award (20% of the purchase price, not to exceed $20,000 [with an additional $5000 if a state certified teacher, nurse, firefighter, or law enforcement office]) outlined in the Board approved LHAP. The LHAP also states that "in the event there are more applications than can be processed due to lack of funding, a waiting list will be maintained ", as well as other criteria such as the requirement to be a first time homebuyer. Further, the SHIP Program Manual published by the Florida Housing Finance Corporation, specifies the details on the elements of income qualification. Staff follows the program specified steps, and there is no discretion by staff in making eligibility or income qualification determinations. While staffbelieves that decisions to determine eligibility and award are ministerial and do not require Board approval, staff is bringing this item forward for Board direction to ensure on -going program continuity. The recommendation is consistent with past practice dating back to the inception of the program and, if approved, will continue to allow timely implementation of all administrative aspects of the program, and not require staff to bring each applicant to the Board for individualized approval. The ability to make payments on behalf of approved clients in a timely manner is essential to the operation of the program in order to ensure meeting scheduled closing dates. FISCAL IMPACT: The proposed action has no new fiscal impact. The funding source for the SHIP program is available in the SHIP Grant Fund 791. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this recommendation will further Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners declares that the implementation of the Purchase Assistance Program under the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) as administrative and ministerial and that grant program management and administration shall continue consistent with past practices. Prepared by: Kim Grant, Director, Community and Human Services Division Attachments: • April 23, 2013 LHAP (Agenda item 16D4), • April 8, 2014 LHAP Amendment (Agenda item 16D1) Packet Page -1422- 10/13/2015 16.D.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.13. Item Summary: Recommendation to declare that the implementation of the Purchase Assistance Program under the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) as administrative and ministerial. Meeting Date: 10/13/2015 Prepared By Name: AlonsoHailey Title: Operations Analyst, Public Services Department 10/5/2015 3:39:44 PM Approved By Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 10/5 /2015 3:50:15 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 10/5/2015 3:59:52 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/5/2015 4:05:15 PM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 10/5/2015 4:05:47 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 10/5/2015 5:24:47 PM Name: OchsLeo Title: County Manager, County Managers Office '-` Date: 10/6/2015 11:16:21 AM Packet Page -1423- 10/13/2015 16.D.13. Packet Page -1424- 10/13/2015 16.D.13. COLLIER COUNTY AND CITY of NAPLES 1 m 1 - / STATE HOUSING INITIATIVES PARNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2013 -14, 2014 -15 and 2015 -16 ADOPTED BY RESOLUTION: 2013 -94 Housing, Human and Veteran Services Public Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 www.colliergov.net Packet Page -1425- Table of Contents Section I. Program Description Purpose of the Program ................ -....... -........ Purchase Price Limits Section IL Strategies 10/13/2015 16.D.13. Adoption uate: April /s, Gills Revision Date: Page No. ----------------------------------------------------------- - - - - -- 3 ------ - - - - -- ------------------------------ ------- •• - - -- 4 Purchase Assistance 7 Disaster Relief 10 Section III. LHAP Incentive Strategies ExpeditedPermitting ...................................... ------------------------------------------ - ------------- - - - -•. .............. 12 Ongoing Review ._________ 12 Increased Density for Affordable Housing, ... ......... .......... .... .... ........ .......... . .. .. ......................... 13 Inventory of Locally Owned Public Lands Suitable for Affordable Housing ...... ............. .. ...... ... 13 Section IV. Exhibits AdministrativeBudget---------------------------------------------------------------- - - - - -- -------------------------- ----------- - - - -15 Timeline 16 HousingDelivery Goals----------------- - - - - -- ----------------------------------------------------------------------------------- - - - -19 Certification 22 CountyResolution-------------------------------------------------------------------------------------------------------------------- - - - -24 Program Information ------------------------ --------------------------------------------------------------------------------- - - - - -- - ---27 Ordinance 23 InterlocalAgreement---------------------------------------------------------------------------- - - - - -- ----------------------------- - - - -33 2 Packet Page -1426- I 10/13/2015 16.D.13. Adoption uate: Hpru ts, tuffs Revision Date: L PROGRAM DESCRIPTION: A. Name of the participating local government: Collier County Board of County Commissioners and Interlocal Agreement with: City of Naples A copy of the Interlocal Agreement is attached as: Exhibit H. B. Purpose of the program: Creation of the Local Housing Assistance Plan (LHAP) is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, and to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2013 -14; 2014 -15; 2015 -16 D. Governance: The County has established their SHIP Program in accordance with Section 420.907- 9079, Florida Statutes and Chapter 67 -37 Florida Administrative Code. The County SHIP Program does further the housing element of the Collier County Comprehensive Plan. Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership: The County SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low - income persons and community groups. F. Leveraging: The County Local Housing Assistance Plan increases the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs, including local match to obtain federal housing grants or programs. G. Public Input: The Affordable Housing Advisory Committee public meetings are advertised, open to the public and may be televised; attendees are welcome to speak. Public input is also solicited through the local newspaper when advertising the Notice of Funding 3 Packet Page -1427- 10/13/2015 16. D.13. Adoption uate: Apru zs, [ui i Revision Date: Availability and the County website and Board Agenda when noticing the Local Housing Assistance Plan and Annual Report. Staff additionally request input from housing providers, social service agencies, and local lenders and realtors throughout the year. H. Advertising and Outreach: Collier County advertises with a Notice of Funding Availability in the local newspaper of general circulation serving ethnic and diverse neighborhoods and the County website, at least 30 days before the beginning of the application period unless there is no funding available due to a waiting list. I. Discrimination: In accordance with the provisions of ss.760.20- 760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Collier County offers free HUD approved Homebuyer Pre - purchase class instruction to prospective SHIP applicants. The County also offers information and referral services to local support service organization including, but not limited to credit counseling, tenant counseling and transportation. K. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: Independent Study (copy attached) X U.S. Treasury Department Local HFA Numbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts: Exhibit C L. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida M Packet Page -1428 10/13/2015 16.D.13. Adoption Uate: April Zs, LUi6 Revision Date: Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M. Welfare Transition Program: Should an eligible sponsor be used, the County has developed a qualification system and selection criteria for applications for awards to eligible sponsors, this includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. N. Monitoring and First Right of Refusal: In the case of rental housing, the County shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance, whichever is longer, unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: A detailed listing of the line -item budget for proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted in the LHAP. Collier County and the City of Naples finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67 -37, Florida Administrative Code, states: 5 Packet Page -1429- 10/13/2015 16.D.13. Adoption uate: Hpru zs, zu13 Revision Date: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67 -37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The County and City have adopted the above findings in the attached resolution, Exhibit E. P. Program Administration: Administration of the local housing assistance plan is the responsibility of Collier County. Should a third party entity or consultant contract for all of part of the administrative or other functions of the program the County will provide in detail the duties, qualification and selection criteria. Q. Essential Service Personnel: Counties and eligible municipalities are required to include a definition of Essential Services Personnel as noted in Rule Chapter 67- 37.002(8) F.A.C., Chapter 67- 37.005(10), F.A.C. and Section 420.9075(3), F.S. Collier County's definition of "Essential Service Personnel" includes, but is not limited to, teachers and educators, other school district, community college, university employees, police and fire personnel, health care personnel, and skilled building trade personnel. R. Section 420.9075(3)(d), F.S.: innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance. Provide a brief description as required: Collier County Homeownership Education classes provide curriculum on cost cutting measures that homeowners can use to reduce energy consumption. Collier County also encourages the use or inclusion, when appropriate, of the following: energy star appliances; low -E windows; additional insulation (for increased R- value); ceramic tile; tank -less water heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; impact resistant windows and doors. RI Packet Page -1430 10/13/2015 16.D.13. Adoption uate: April ts, IU16 Revision Date: II. LHAP HOUSING STRATEGIES: A. Purchase Assistance a) Summary of the Strategy: The Collier County Purchase Assistance Program is designed to assist first -time homebuyers with the purchase of a new or existing single family home or condominium. Funding, which is provided as a second or subordinate mortgage loan, may be used for down payment, closing costs and principal buy -down as needed for affordable home ownership. SHIP funds may be used in conjunction with a first mortgage loan obtained from a participating lender, not - for - profit developer, Florida Housing Finance Corporation's Bond Program or Rural Development. b) State Fiscal Years Covered: 2013 -14, 2014 -15, 2015 -16 c) Income Categories to be served: Applicants assisted must be income certified as very low, low, and moderate income, including persons with special needs as defined in Florida Administrative Code, 67- 37.002 Definitions (21) Persons Who Have Special Housing Needs. d) Maximum Award: The maximum award will be 20% of the purchase price, not to exceed $20,000. In the event that another funding source, such as CDBG or HOME is used in conjunction with SHIP, the total amount of assistance from all sources will not exceed the maximum award as stated herein. e) Terms, Recapture and Default: Funds are secured with a recorded fifteen (15) year, zero interest, and deferred payment second mortgage loan and note forgiven at the end of the 15 year period if all conditions have been met. The County will take a third position if FHFC funds are used in addition to SHIP or at the discretion of the Department Director. Monthly payments are not required. Repayment of the loan is required in full when one of the following conditions is met, whichever occurs first: 1. Sale; if proceeds are not sufficient to pay off the mortgage note then the homeowner may contact the County regarding a settlement amount of the SHIP loan that is outlined in the County's Policies. 2. Title transfer, either voluntarily or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. 3. Refinance to access equity; a refinance of the first mortgage may be 7 Packet Page -1431- 10/13/2015 16.D.13. Adoption vate: Aprn L3, LulS Revision Date: approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate with no cash out in accordance with the "Refinance Policy ". 4. Home is no longer primary residence, leased or rented. In the event that all mortgage holders are deceased, the loan will be forgiven. The County reserves the right to foreclose if the homeowner does not repay the loan as noted above. The County has determined the following terms and provisions for program income versus recaptured funds: a. Program Income is a source of SHIP revenue received from the following sources: bank interest, amortized loan payments and any associated interest and penalties, loan proceeds due to repayment of a loan under the condition of refinancing, sale or transfer of title, property is no longer the client's primary residence. b. Recaptured funds is a source of SHIP revenue, received when a SHIP recipient loses his or her house to foreclosure /tax deed sales or the County repays funds that assisted an ineligible client. All funds are deposited into the Local Housing Trust Fund and reported as Program Income or Recaptured Funds in the State Fiscal Year they are received as appropriate for Annual Reporting purposes. 1"N' f) Recipient Selection Criteria: An applicant may submit a completed application for Housing Assistance to the County for a determination of eligibility at any time. Applicants are required to provide all documentation requested for income, eligibility, and qualification determination. Applications are processed on a first received, first qualified (income and lender approved) first served by income category. Funds will be reserved and awarded to applicants that have met all of the County requirements, are SHIP Income Certified and have a mortgage loan approval from a participating Lender. In the event there are more applications than can be processed due to lack of funding, a waiting list will be maintained. Applications will be sorted by income category; very low, low or moderate. Applicants will be placed on the appropriate income category list in numerical order. As funding becomes available for a specific income category, the applicant with the lowest number within that category will be contacted and processed. Applicants must attend a county approved Homeowner Education Program and provide a copy of the certificate to the Department. The Certificate must be dated within one year of County application date. Persons that qualify for SHIP assistance will be required to contractually agree to n all SHIP program guidelines, County SHIP mortgage requirements, repayment Packet Page -1432- 10/13/2015 16.D.13. Adoption vate: April Gs, LUls Revision Date: provisions, and certify that the unit assisted will be their primary residence. g) Sponsor Selection Criteria: Not Applicable. h) Additional Information: i. Units assisted must be within the incorporated or unincorporated area of Collier County. ii. Mobile or manufactured homes are not a category of eligible housing for the County at this time. iii. Completion of the Homebuyer Education Program is mandatory prior to closing. iv. First mortgage must be at a fixed rate; no ARM'S, prepayment penalty, negative amortization, balloon loan, owner financing or other non - affordable loan terms are allowed. v. Financial Institutions must be approved by the County in order to participate in the SHIP Program. 9 Packet Page -1433- 10/13/2015 16.D.13. Adoption uate: April L6, Lu13 Revision Date: B. Disaster Relief Grant Assistance a) Summary of the Strategy: The Disaster Strategy provides assistance to households following a natural disaster as declared by the President of the United States or Governor of the State of Florida. This strategy will only be implemented in the event of a natural disaster using any funds that have not yet been encumbered or additional disaster funds issued by Florida Housing Finance Corporation. SHIP disaster funds may be used for items such as, but not limited to: • Tree and debris removal to make individual housing units habitable; • Interim repairs to avoid further damage to home; • Emergency supplies to weather proof damaged home; • Building permits; • Post disaster assistance with non - insured repairs; • Expenses to prevent flooding of home such as sand bags, sand, pump rental, etc,: and • Construction of wells or repair of existing wells where public water is not available b) Fiscal Years Covered: 2013 -14, 2014 -15, 2015 -16 c) Income Categories to be served: Very low, low and moderate- income households and persons with special needs as defined in Florida Administrative n Code, 67- 37.002 Definitions (21) Persons Who Have Special Housing Needs. d) Maximum Award: Specific award information is located in the Housing Delivery Goals Charts at Exhibit C. e) Terms, Recapture and Default: All SHIP funds provided to eligible households will be in the form of a grant and not subject to recapture. Persons that qualify for SHIP assistance will be required to sign a grant agreement, contractually agreeing to all SHIP program guidelines Applicants will be required to complete an application and provide documentation to as required for income certification. If authorized by Florida Housing Finance Corporation, the County will utilize the Corporation's DISASTER SELF - CERTIFICATION OF INCOME FORM. f) Recipient Selection Criteria: The household assisted must be certified as very low, low or moderate - income and located in Collier County. Completed applications from affected homeowners will be accepted on a first received, first served basis by income category and processed expediently. 10 Packet Page -1434- 10/13/2015 16.D.13. Adoption uate: Hprn [s, tu1S Revision Date: Applicants are required to provide all documentation requested for income and eligibility determination. The unit assisted must be owner- occupied and homesteaded as the primary residence. g) Sponsor Selection Criteria: Not applicable h) Additional Information: SHIP funds at all times must be used for eligible applicants and eligible housing. SHIP disaster funds may not be used for the purchase or rehabilitation of mobile homes unless authorized within the Executive Order. 11 Packet Page -1435- 10/13/2015 16.D.13. Adoption vate: April Gs, LUIS Revision Date: III. LHAP INCENTIVE STRATEGIES: In addition to Strategy A and Strategy B, include all adopted incentives with the policies and procedures used daily for implementation as provided in Section 420.9076, F.S.: Name of the Strategy: Expedited Permitting Collier County will expedite permits as defined in Sec. 163.3164(7) and (8), F.S. for affordable housing projects to a greater degree than other projects. Affordable housing projects will be identified as those projects assisted with state or federal housing funds. a. Provide a description of the procedures used to implement this strategy: Collier County Board of County Commissioners adopted Resolution No.2007 -176 on July 24, 2007, superseding and replacing Resolution 2005 -408, amending the procedures for expediting the development review process for qualified affordable - workforce housing including community workforce housing innovation program (CWHIP) projects. Initially, a qualification meeting is called with the developer and staff to determine if the project meets the affordable housing requirements. Those projects that demonstrate compliance will be issued a certificate to allow the expedited review process for all development orders. Planning and Zoning will provided expedited status by assisting these developments first throughout the process from application through Certificate of Occupancy. In 2010 -2011, Collier County refined the building permit process and performance measures were developed to facilitate the expedited performance and allow the county to closely monitor its performance and adherence to this policy. The current building permit process is 5, 10, 15 days, however single family permits that are using state or federal funding will be moved to the top of the permit process. Name of the Strategy: Ongoing Review Process Collier County requires all items which have the potential to increase the cost of housing to be prepared and presented to the Collier County Board of County Commissioners with the amount of the increase or decrease mentioned in the executive summary. a. Provide a description of the procedures used to implement this strategy: The process, by which items are prepared for the BCC Agenda includes a vast approval hierarchy to ensure that all proposed actions impacting affordable housing are reviewed on an ongoing basis. Furthermore, the Collier County Affordable Housing Advisory Committee regularly forms subcommittees to review impediments to affordable bousing, as well as new affordable housing incentives. 12 Packet Page -1436- 10/13/2015 16.D.13. Adoption llate: Aprll L3, 6U 13 Revision Date: Name of the Strategy: Increased Density for Affordable Housing Collier County allows developers to request increased density when including a certain percentage of affordable housing in the proposed development. a. Provide a description of the procedures used to implement this strategy: An Affordable Housing Density Bonus Agreement must be submitted and approved by the Collier County Board of County Commissioners as provided for in the Collier County Land Development Code, ss. 2.06.00. Name of the Strategy: Inventory of Locally Owned Public Lands Suitable for Affordable Housing. a. Provide a description of the procedures used to implement this strategy: Collier County prepares an inventory of all real property owned by Collier County that may be appropriate for use as affordable housing in accordance with Sec. 125.379 F.S. every three years. Collier County Resolution No. 2007 -172, adopted June 26, 2007, permits properties identified as appropriate for use as affordable housing may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. 13 Packet Page -1437- 10/13/2015 16. D.13. Adoption vate: Hprii [s, [ui i Revision Date: IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67- 37.005, F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Signed Certification is attached as Exhibit D. E. Adopting Resolution: Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. G H. Program Information Sheet: Completed program information sheet is attached as Exhibit F. Ordinance: If changed from the original ordinance, a copy is attached as Exhibit G. Interlocal Agreement: A copy of the Interlocal Agreement if applicable is attached as Exhibit H. 14 Packet Page -1438- A*�\ n ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Collier Countv 10/13/2015 16.D.13. LHAP 2013 67- 37.005(1), F.A.C. Estimated Allcoation for Calculating: $ 2,469,857.00 fiscal Year 2013 -14 Salaries and Benefits $ 226,987.00 Office Supplies and Equipment $ 5,000.00 Travel Perdiem Workshops, etc $ 2,500.00 Advertising $ 2,500.00 Other Contractual Services $ 10,000.00 Total $ 246,987.00 al Year 2013/2014 Salaries and Benefits $ 226,987.00 Office Supplies and Equipment $ 5,000.00 Travel Perdiem Workshops, etc $ 2,500.00 Advertising $ 2,500.00 Other Contractual Services $ 10,000.00 Total $ 246,987.00 al Year 2014/2015 Salaries and Benefits $ 226,987.00 Office Supplies and Equipment $ 5,000.00 Travel Perdiem Workshops, etc $ 2,500.00 Advertising $ 2,500.00 Other Contractual Services $ 10,000.00 Total $ 246,987.00 15 Packet Page -1439- Exhibit A s v p 0 M b C Co O N Cr Q W J Q U to LL W Q F fq d' O LL W J m Q F W F PacketPage -1440- X c A c CL 4r T C_ F CL a d N Y � to c O L U 01 � C O d O T 9 N a v o. QCL m E aL+ A m c Q O. 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M v O) O a w Q U 0) o o c o o 0 C; CT; 01 0 0 0 0 0 0 of o 0 0o c C5 Y = N O O O O O O O O O O O O O O O O o 0 o O O - f 1 U y Ot H o R m 0 E» 0 E» 0 .» 0 u> 0 u9 0 va 0 f» m m o E» 0 E» 0 u3 0 .» 0 Ea o 6» cc rn o °0 o o to m o °o E c °1 U O Ta p o °° m O e 0 v o N too °o ¢ `o R E j a Co M M F d Nfi b9 fA (O M/3 L H K N 04 3 z Q U. U c 0 0 rn N `n °J SO Efl W co u s 69 c0 0 c C a U v a a Co U a a 'K O E r U) 4.9 6q 0 " w 3 R 0 0 0 0 0 0 0 0 0 0 00 m E» bs Cl o E o o m In m m 3 ° a o 0 m c 0 m a ° n °o m $ C; 0 Co 00 N °`OO I 7 N �N L N d9 OOi 4d N fA Q di fA yj N � - Q N O O O 00 00 w n z r C ? 0 C 00 0 G o o e - O o 0 O < LL v Q b `m c o O c u fA m o a o O o o a o z of z < a N c N n LL O o o a a a y a 0 o y° c CD W "g > Z Q 4J f a .O� y J ago G LU IL O V id V M M m Z f Z y o o Lo Q Q 3 Q /^ W C Z 13 Z �IZO ODIJ = o o o 0 0 0. = =a Q i a O a O O O ro' J F 2 v O LO y �` _ 0 0 0 0 LL, 1 O f a f I� O ca N ua; O C) w� E a O w U. J 0 �- > 2 j IW O 0 V m E Hd a R •O x t c F m O c iy c o_ c d _ o E S� m a C y 3 O E 8 °x N a Y ;d ww rnm C 3 JIW Q C7 E C N 0 R 3 d R z •�• ? I-- w Q O E O E V a V d m o0 d d O °: E W �� c LL o a J$ Q E d 0 o O V o wt m @ = N o z 2E r oa Y `y° E "- d a J O C7 H .- N m o c F- ` X tLi 3 o ..d+ 0 = IW- m ¢ .R- v .R� y ti 3 O e df R O Q J C J a E E E CL m o ° E ti N o o 'o 'o o °¢ ] J O F Z a' 'o N z m QQx C7 � C � R W C _Packet Page - 1445 10/13/2015 16. D.13. LHAP Exhibit D 2013 67- 37.005(1), F.A.C. CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: Collier County (1) The local government will advertise the availability of SHIP funds, if available, pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for assistance. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if, at any time, the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments and Technical Revisions to the approved Local Housing Assistance Plan shall be provided to the Corporation within 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities as program income. (11) -. Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation by June 30 of each calendar year. 1 Packet Page -1446- �t�` 10/13/2015 16.D.13. LHAP Exhibit D 2013 67- 37.005(1),1 F.A.C. (13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation by June 30. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit ( LIHTC) Program shall comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental units constructed or rehabilitated with SHIP funds shall be monitored annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e), Florida Statutes. (18) The Plan meets the requirements of Sections 420.907 - 420.9079 Florida Statutes, and Chapter 67 -37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83 -220, Laws of Florida have not been implemented. (except for Miami Dade County) ATTEST: DWIGHT E.. BROCK. CLERK t 3Stl 5 tttt1th tPUTYY CLEA- _ ... si mature prli'Y+. ,. Approval as to form and legal Sufficiency: Jennifer B. White `1 t Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF C0I4LIER COUNTX`, FLORIDA 2 AA`'A HILLER, ESQ. WOMANj�% iC Packet Page -1447- 10/13/2015 16.D.13. RESOLUTION No. 2013- 9 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE 2013 -2016 LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2013 -2014, 2014 -2015 AND 2015 -2016 AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907- 420.9079, FLORIDA STATUTES AND CHAPTER 67 -37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE CHAIRMAN TO EXECUTE ANY REQUIRED DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E, Sadowski Affordable Housing Act, Chapter 92 -317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, Subsections 420.907- 420.9079, Florida Statutes, and Chapter 67 -37, Florida Administrative Code, requires local governments to develop a one- to three -year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the SHIP Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, Section 420.9075(7), Florida Statutes, allows a county to exceed the 5- percent limitation on administrative costs, if its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. WHEREAS, the Housing, Human and Veteran Services Department has prepared a 2013 -2016 Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation containing administrative costs that exceed the 5- percent limitation; and Packet Page -1448- 10/13/2015 16.D.13. WHEREAS, the Board of County Commissioners finds that it is in the best interest of the citizens of Collier County for it to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds with administrative costs paid from moneys deposited into the local housing assistance trust fund. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section 1: 5 percent of the focal housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. Section 2: The 2013 -2016 Local Housing Assistance Plan for fiscal years 2014, 2015 and 2016, as attached and incorporated hereto as required by Subsections 420.907 - 420.9079, Florida Statutes, is approved for submission to the Florida. Housing Finance Corporation. Section 3: The Chairwoman is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and the Director of Housing, Hunan and Veteran Services, as the Program Administrator is designated and authorized to do all things necessary and proper to carry out the term and conditions of said Plan. Section 4: This resolution shall take effect immediately upon its adoption. This Resolution adopted this day of 2013, after motion second and majority in favor of passage. ATTEST: ` " BOARD F O NTY C MMISSIONERS DWIGHT E. FROCK, CLERK— OF CO LIE COUNTY FLORIDA 1 eSt a iG (,iiJlftttuj{ signature o11C. -"` -i "" Approval for form and legal Sufficiency: Jennifer B. White Assistant County Attorney °t l� �°`i3 By: RGIA A. HILLER, ESQ. CHAIRWOMAN state of Florida County of COLLIER Packet Page -1449- l NEREP`�- CE0- Dr- �;,�•THPJ this is a true and correct c�9��i a ra�$r'ctan file "sn t3o ,r I iquies �-Fr lords of C collier County UJ�Ti OTY' 16al Seal this DVi1GfT: aB14�OK, CLE OF COURTS -,C 10/13/2015 16. D.13. LHAP Exhibit F 2013 67- 37.005(1), F.A.C. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROGRAM INFORMATION SHEET The following information must be furnished to the Corporation before any funds can be disbursed. Local Government Collier County Government Chief Elected Official Chairwoman, Georgia A. Hiller, Esq. Address 3299 Tamiami Trail East, Naples, Florida 34112 SHIP Administrator Kristi Sonntag, Manager Federal /State Grants Address 3339 E. Tamiami Trail, Suite 211, Naples, Flori da 34112 Telephone 239 - 252 -2486 EMAIL KristiSonntagna,colliergov .net Alternate SHIP Contact Priscilla Doria, Grant Coordinator Telephone 239 - 252 -5312 EMAIL PriscillaDoriaLcycolliergoy.net Interlocal Agreement (list other local governments in interlocal) City of Naples Local Government Employer Federal ID # 85- 801596653IC -1 Disbursement (list bank account information if changed from previous) Other Information Kimberley Grant, Interim Director Kimberle GGrantaCollierpov.net 27 Packet Page -1450- 10/13/2015 16. D.13. f 'gin IS a " ORDINANCE NO. 2013 - 27 By- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER COUNTY SHIP LOCAL HOUSING ASSISTANCE PROGRAM ORDINANCE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR ESTABLISHMENT OF A LOCAL HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR DESIGNATION OF RESPONSIBILITY FOR IMPLEMENTATION; PROVIDING FOR ESTABLISHMENT OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR REPEAL OF ORDINANCE NO. 93 -19, AS AMENDED; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 91 -65, AS AMENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1992, the Legislature of the State of Florida approved # $ac&ski r- -c Affordable Housing Act creating the State Housing Initiatives Partnership ( "SHIP" k'�'rogrft foil the specific purpose of supporting and expanding the availability of affordable hous resgRrces - within the State; and r-(' WHEREAS, the Collier County Board of County Commissioners (BoE. acted M-1 Ordinance No. 93 -19 on April 13, 1993, creating a local housing assistancez'fist `end, establishing a local housing assistance program, designating responsibility for the program, and creating an Affordable Housing Advisory Committee; and WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91 -65, establishing the Collier County Affordable Housing Commission (now known as the Affordable Housing Advisory Committee), which Ordinance was subsequently amended by Ordinance Nos. 04 -77, 05 -69, 08 -17, and 09 -50; and WHEREAS, the Board has determined that it is in the best interest of the County to repeal Ordinance No. 93 -19, as amended, and Ordinance No. 91 -65, as amended, in order to adopt a single consolidated Ordinance to comply with the requirements set forth in Florida Statutes, Sections 420.907- 420.9070 and Chapter 67 -37, Florida Administrative Code. 2013 Collier County SHIP Local !lousing Assistance Prograrr - Packet Page -1451- 10/13/2015 16. D.13. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and cited as the "Collier County SHIP Local Housing Assistance Program Ordinance ". SECTION TWO: Definitions. For the purposes of this Ordinance, the definitions contained in Florida Statutes, Chapter 420.9071 and Rule 67- 37.002, Florida Administrative Code, as they may be amended or replaced from time to time, are adopted herein by reference. SECTION THREE: Establishment of the Local Housing Assistance Program. The Local Housing Assistance Program is hereby created and established to implement the requirements of Florida Statutes, Section 420.907 and Rule 67 -37, Florida Administrative Code, adopted herein by reference, as they may be amended or replaced from time to time. The County shall implement the program within the unincorporated boundaries of Collier County and may enter into an interlocal agreement with municipalities. The strategies of the program will be set forth in the County's SHIP local housing assistance plan. SECTION FOUR: Establishment of a Local Housing Assistance Trust Fund. Pursuant to the requirements Section 420.907 Florida Statutes, the County hereby reaffirms establishment of a Local Housing Assistance Trust Fund within the official and fiscal accounting office of the County as originally established on April 13, 1993, by Ordinance No. 93-19. The County's local housing assistance trust fund shall be separately stated as a special revenue fund in the county's audited financial statements. Copies of such audited financial statements shall be forwarded to the Florida Housing Finance Agency. All moneys received from the state pursuant to the State Housing Initiative Partnership (SHIP] Program and any other funds received or budgeted to provide funding for the Local Housing Assistance Program shall be deposited into the Collier County Local Housing Assistance Trust Fund. 2013 Collier County SHIP Local Housing Assistance Prograr " " Packet Page -1452- 10/13/2015 16.D.13. SECTION FIVE: Designation of responsibility for implementation. The Director of the County's Department of Housing, Human and Veterans Services shall be primarily responsible for implementation and administration of the local housing assistance program. SECTION SIX: Establishment of an Affordable Housing Advisory Committee. The Affordable Housing Advisory Committee is created and established in accordance with Florida Statutes, Section 420.9076 and County Ordinance No. 01 -55, Standards for The Creation and Review of Boards. In the event of a conflict, the provisions of Florida Statutes, Section 420.9076 shall apply. Duties of the advisory committee are provided in Florida Statutes, Section 420.9076(2)(a) - (k) adopted herein by reference, as they may be amended or replaced from time to time. Appointments to the Affordable Housing Advisory Committee will be made in 1101N accordance with the membership requirements of Florida Statutes, Section 420.9076, including joint appointments to prepare a joint plan when a participating municipality enters into an interlocal agreement to administer its program. The committee shall consist of eleven (11) members as required by Florida Statutes 420.9076 (2)(a) -(k), appointed by Resolution of the Board of County Commissioners no later than March 2, prior to the year the Local Housing Assistance Plan is due. The term of service shall be for three (3) years or at the discretion of the Board. Terms may be extended for one additional three (3) year term. Six (6) members shall constitute a quorum sufficient to permit the committee to take any formal action. However, if formal action is not taken, the committee may meet to hear presentations with less than a quorum in attendance, if the meeting is duly noticed. A majority of concurring votes of the entire membership of the committee shall be necessary for a decision or recommendation by the committee. The committee may elect a chairperson or presiding officer. The committee members serving immediately prior to this Ordinance's adoption shall fulfill the remainder of their appointed terms. 2013 Collier County SHIP Local Housing Assistance Prograr Packet Page -1453- 10/13/2015 16.D.13. The committee shall meet at least triennially and submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives as required by Florida Statutes, Section 420.9076(4)(,) - (k). The Board of County Commissioners may sunset or suspend meetings of the committee upon submission of the triennial Incentive Report and reconvene no later than March 2 of the year the Incentive Report is due. The committee will be cooperatively staffed by Housing, Human and Veterans Services Department and Planning and Zoning Department staff in accordance with Florida Statutes, Section 420.9076(9). SECTION SEVEN: Repeat of Ordinance No. 93 -19, as amended. Ordinance No. 93 -19, pertaining to the Collier County Housing Initiatives Partnership Program, and all amendments thereto, is hereby repealed in its entirety. SECTION EIGHT: Repeal of Ordinance No. 91 -65, as amended. Ordinance No. 91 -65, pertaining to the Affordable Housing Committee, and all amendments thereto, is hereby repealed in its entirety. SECTION NINE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re- lettered to accomplish such, and that the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase necessary to accomplish such intentions. SECTION TEN: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Effective date. This Ordinance shall become effective thirty (30) days after its adoption by the Board of County Commissioners. 2013 Collier County SHIP Local Housing Assistance Program - Packet Page -1454- 10/13/2015 16. D.13. /'*N PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this R day of , 2013. ATTEST:. DWIGHj4A3PQCK, CLERK '• 1 'puty Clerk AV;As t9l. r y Approved'.. fo' arm and legal sutriciency: Jenhffer B. White 1 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS CO COU TY, FLORIDA By UF Borgia A. Hiller, Esq. Chairwoman 2013 Collier County SlfiP Local Housing .lssistance Prograr- ,.- - PacketPage -1455- This ordinance filed with the m et ary of State ff, a the doy of , - and ackrnowledgem at fii' l eived oY o By 10/13/2015 16.D.13. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -27 which was adopted by the Board of County Commissioners on the 9th day of April, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2013. DWIGHT E. BROCK Clerk of Courts and'Clerk Ex- officio to Board of, County Commissiorier3 By: Ann nejohn, Deputy Clerk Packet Page -1456- rMhO 10/13/2015 16.D.13. COLLIER COUNTY /CITY OF NAPLES INTERLOCAL AGREEMENT STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM THIS INTERLOCAL AGREEMENT (the "Agreement ") made and entered into this R3 -d-day of 2013, by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council. WITNESSETH: WHEREAS, Section 420.9072, ct seq., Florida Statutes (the "State Housing Initiatives Partnership Program" ( "SHIP "), authorizes monies in the Local Government Housing Trust Fund (the "Fund ") to be distributed to approved counties and eligible municipalities within the county pursuant to an Interlocal Agreement; and WHEREAS, Collier County is an approved county and the City of Naples is an eligible municipality within Collier County; and WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this Agreement; and WHEREAS, the parties have determined that SHIP fiends can be more efficiently utilized and managed when the parties work cooperatively to address the conununity's affordable housing needs. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. The County and City do hereby agree that the SHIP Program fiends as allocated in Section 420.9073, Florida Statutes, are to be distributed to Collier County to administer in conformity with the mutually approved Local Housing Assistance Plan, 1 9 Packet Page -1457- 10/13/2015 16.D.13. r-. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the three -year Local Housing Assistance Plan (the "LHAP ") which expires June 30, 2016 and will be automatically renewed with adoption of subsequent LHAPs. 3. The County and City direct the Florida housing Finance Corporation (the "Corporation ") to distribute and allocate the SHIP Program funds in accordance with this Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Agreement. 4. The SHIP Program funds so distributed will be deposited in a single depository trust fund account created and managed by Collier County, Finance Division of the Office of the Clerk of the Circuit Court. This account shall be known as the Collier County Local Housing Trust Fund (hereinafter referred to as "Local Fund "), to which SHIP funds are distributed by the Corporation. The Corporation will be notified of any change in the Local Fund status and the parties agree to have such Local Fund audited annually as required by Chapter 420, Florida Statutes and Chapter 67 -37, Florida Administrative Code. Since all distributions from the Local Fund shall be processed by Collier County, parties hereto agree that the Comprehensive Single Entity Audit of the accounts and records of the County with respect to SHIP revenues and expenditures shall constitute the audit for the Interlocal Entity as described in the SHIP Regulations. The parties hereto agree that the Local Fund may be allocated a pro -rata cost of the independent audit by the County. 5. During the term of this Agreement, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Local Fund. 6. Membership to the Affordable Housing Advisory Committee shall be jointly appointed by Resolution of both the County and City to triennially prepare a joint Local Housing Incentive Plan as required by Chapter 420.9076, Florida Statutes. 7. The parties to this Agreement have adopted incentives from the Affordable Housing Incentive Plan as prepared and submitted by the joint Affordable Housing Advisory Committee, amending the Local Housing Assistance Plan accordingly. Both parties understand that Chapter 420, Florida Statutes requires continuing monitoring and implementation of the Affordable Housing Incentive Plan for the purpose of enhancing and providing affordable to Packet Page -1458- 10/13/2015 16.D.13. housing and agree to cooperate in ensuring that the requirements and spirit of the Chapter 420, Florida Statutes is satisfied. ft. Neither party shall use any revenues distributed and allocated for purposes other than those authorized by Section 420.907 et seq., Florida Statutes, or Chapter 67 -37, Florida Administrative Code. 9. During the term of this Agreement, any party may give the other party ninety (90) days written notice that it wishes to renegotiate the terms of this Agreement, to be effective on the r "u•st day of the next fiscal year. If the parties fail to reach a new agreement prior to the commencement of the next fiscal year, this Agreement shatl terminate and be of no further force or effect, and the funds shall be allocated according to population pursuant to Section 420.9072 and Section 420.9073, Florida Statutes. 10. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Local Fund to be used by the Corporation. Both parties acknowledge the SI -IIP enabling legislation, the rules promulgated to implement same, and that the Chapter 420, Florida Statutes and Chapter 67 -37, Florida Administrative Code are incorporated herein as if they were restated. IN WITNESS THEREOF, the parties hereto ha-,-e caused this Agreement to be executed by their duly authorized officials. DWIG.I ,f-B, BP.UCI -, 0—ERIC a �4 N 1 Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY (:OMMISSIONERS OF CC}tOER COUN -f Y, FLORIDA By. 3 Gron"d A. kLriler, 1--sq. t Packet Page -1459- C D 10/13/2015 16.D.13. ATTEST: CITY OF NAPLES, a Municipal Corporation By: Patricia L. Rambosk, City Clerk John F. Sorey 111, Mayor Approved as to form and legal sufficiency: Robert D. Pritt, City Attorney 4 Packet Page -1460- 10/13/2015 16.D.13. MEMORANDUM Date: April 15, 2014 To: Elly Soto McKtien, Grant Support Specialist Housing, Human & Veterans Services From: Martha Vergara, Deputy Cleric Minutes & Records Department Re: Resolution 2014 -67, SHIP & LHAP Plans w /the City of Naples Enclosed, please find two (2) copies of the original document referenced above, (Agenda Item #16D10) which Naas approved by the Board of County Commissioners on Tuesday, April 8, 2014. The fully executed original has been kept by the Minutes and Records Department, as part of the Board's Official Records. If you should have any questions, please call me at 252 -7240. Thank you Packet Page -1461- 10/13/2015 16. D.13. RESOLUTION No. 2014 -67 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2013-2014,2014-2015 AND 2015 -2016, AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; ADDING NEW OWNER - OCCUPIED REHABILITATION STRATEGY AND UPDATING THE PURCHASE ASSISTANCE STRATEGY. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 , Chapter 92 -317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes oil deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIT') Act, Subsections 420.907- 420.9079, Florida Statutes, and Chapter 67 -37, Florida Administrative Code, requires local governments to develop a one- to three -year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to amend their Local Housing Assistance Plan when an addition or deletion of a local housing assistance strategy or local housing incentive strategy is made; and WHF,REAS, the State Housing Initiatives Partnership (SHIP) Act, Subsections 420.907- 420.9079, Florida Statutes (1992), and Chapter 67 -37, Florida Administrative Code, requires local governments to forward amendments to their Local Housing Assistance Plans to the Florida Housing Finance Corporation for review; and WHEREAS, the ]-lousing, Human and Veteran Services Department has prepared and amended 2013 -2016 Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Boars{ of County Commissioners finds that it is in the best interest of the citizens of Collier County for it to submit the Local Housing Assistance Plan amendment for review and approval so as to continue to qualify for said documentary stamp tax funds with aclministrative costs paid from moneys deposited into the local housing assistance trust fund. Packet Page -1462- 10/13/2015 16.D.13. NOW, THEREFORE, BE IT RESOLVED BY THE HOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section 1: The I lousing Delivery Goals Chart of lice 2013 -2016 LHAP has been updated to reflect the new strategies and changes to current strategies. Section 2: The addition of an Owner- Occupicd Rehabilitation Program strategy. Section 3: Update to Purchnse Assistance Strategy to allow an additional $5,000 to certified teachers, state certified nurse, state certified firefighter, or a state certified law enforcement officer if needed, BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption, THIS _ ESOLUTION ADOPTED after motion, second and majority favoring same this t da R day of 2014. A*11 ATTEST;- , DWIGHT.'E,.BRt�CK, CLI RK D%I'I1. _ ERIK Attest aitn Nirnl' s signature 411fy� Approval as to form and legality: Jennifer A. Belpedio� .ti x Assistant County Attorney K BOARD OF COUNTY C OF COLLIER COUNTY, i TOM HENN SSIONERS I DA blate (A rtviiva County of COLLIER, I HEREBY', ,CERTIFY, THAT,.this is true and corral 16bpyr of a !ioG4nriet t'o0 file in Board�iriuies'n:ec cr4:;s of Collier County WITH, S' my.rt_ nd and- otfieial:seal this 'day.0 DWIGHT EAROCK ,CLERK OF COURTS Packet Page -1463- 10/13/2015 16. D.13. COLLIER COUNTY AND CITY of NAPLES STATE HOUSING INITIATIVES PARNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN (Ll-1AP) FISCAL YEARS COVERED 2013 -14, 2014 -15 and 2015 -16 ADOPTED BY RESOLUTION: 2013 -94 Amended by Resolution: Housing, Human and Veteran Services Public Services Division 3339 E Tainiami Trail, Suite 211 Naples, Florida 34112 w Av.colliergov.net Packet Page -1464- kV noll 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date: April B. 2014 Table of Contents Page No. Section I. Program Description Purposeof the Program .................................................................................. ................ ..............3 PurchasePrice Limits ............................•--•-.............--•---........................-•----... ......................-- •.....4 Section II, Strategies Purchase Assistance ....................... ................................. ........................ _.... 57 Disaster Relief .._. -.. -1a 1 Ownet-Occupied Rehabilitation 12 Section III. MIAP Incentive Strategies ExpeditedPermitting ..........................---•------- .......-------- ......-- - - - -.. - - - - -- ------ •----- - -• - -- ..................... 4-215 Ongoing Review Increased Density for Affordable Housing ..................................... -..................... ...................... .4316 Inventory of Locally Owned Public Lands Suitable for Affordable 1 lousing ................. - ..I ........ 4 -316 Section IV. Exhibits AdministrativeBudget ............... ............... ............... .............................................................. 4-S18 Timeline ............ . ...... .K 19 HousingDelivery Goals --- ........... ...................................................... ..................................... 4-9-22 Certification. - ...................... ............ .q25 CountyResolution ...................----....------.._ ..............._.._............ ............ ............ .-------------------------- 427 ProgramInformation------- ..... ............... .... .......... .... . . . . .. ........ -•. -------- ........... .------------------- -3629 Ordinance X31 InterlocalAgreement ... .............. ...... - ...........- - - - - -- ............. ......... ........... _•-- • ............ - .3337 2 Packet Page -1465- 6J 10/13/2015 16. D.13. Adoption Date: April 23, 2013 Revision Date: April 0, 2014 PROGRAM DESCRIPTION: A. Name of the participating local government: Collier County Board of County Commissioners and Interlocal Agreement with: City of Naples A copy of the Interlocal Agreement is attached as: Exhibit H. B. Purpose of the program: Creation of the Local Housing Assistance Plan (LHAP) is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, and to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2013 - 14;2014- 15;2015 -16 D. Governance: The County has established their SHIP Program in accordance with Section 420.907- 9079, Florida Statutes and Chapter 67 -37 Florida Administrative Code. The County SHIP Program does further the housing element of the Collier County Comprehensive Plan. Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership: The County SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low - income persons and community groups. F. Leveraging: The County Local housing Assistance Plan increases the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs, including local match to obtain federal housing grants or programs. G. Public Input: The Affordable Housing Advisory Committee public meetings are advertised, open to the public and may be televised; attendees are welcome to speak. Public input is also solicited through tile local newspaper when advertising the ?Notice of Funding 3 Packet Page -1466- 110�, 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date: April H. 2014 Availability and the County website and Board Agenda when noticing the Local Housing Assistance Plan and Annual Report, Staff additionally request input from housing providers, social service agencies, and local lenders and realtors throughout the year, H. Advertising and Outreach: Collier County advertises with a Notice of Funding Availability in the local newspaper of general circulation serving ethnic and diverse neighborhoods and the County website, at least 30 days before the beginning of the application period unless there is no funding available due to a waiting list, I. Discrimination: In accordance with the provisions of ss,760.20- 760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Collier County offers free 1 -IUD approved Homebuyer Pre - purchase class instruction to prospective SHIP applicants. The County also offers information and referral services to local support service organization including, but not limited to credit counseling, tenant counseling and transportation, K. Purchase Price Limits: The sales price or value of new or existing eligible housing may riot exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fouilh calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above, The methodology used is: _ — Independent Study (copy attached) X U.S. Treasury Department Local HFA Numbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts: Exhibit C L. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation, Affordable means that monthly rents or mortgage 0 Packet Page -1467- 6 ) 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date: Andl 8. 2014 payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Af%rdable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M, Welfare Transition Program: Should an eligible sponsor be used, the County has developed a qualification system and selection criteria for applications for awards to eligible sponsors, this includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. N. Monitoring and First Right of Refusal: In the case of rental housing, the County shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance, whichever is longer, unless as specified above. Eligible sponsors that offer rental housing f'or sale before 15 years or that have remaining mortgages Rinded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget; A detailed listing of the line -item budget for proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted in the LHAP, Collier County and the City of Naples finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67 -37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the 5 Packet Page -1468- (@ rt 1_� 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date: A121118.2014 local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan," Section 420.9075 Florida Statute and Chapter 67 -37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs," The County and City have adopted the above findings in the attached resolution, Exhibit E. P. Program Administration: Administration of the local housing assistance plan is the responsibility of Collier County. Should a third parlay entity or consultant contract for all of part of the administrative or other functions of the program the County will provide in detail the duties, qualification and selection criteria. Q. Essential Service Personnel: Counties and eligible municipalities are required to include a definition of Essential Services Personnel as noted in Rule Chapter 67- 37.002(8) F.A.C., Chapter 67- 37.005(10), F.A,C. and Section 420.9075(3), F.S, Collier County's definition of "Essential Service Personnel" includes, but is not limited to, teachers and educators, other school district, community college, university employees, police and fire personnel, health care personnel, and skilled building trade personnel. R. Section 420,9075(3)(d), F.S.: Innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance. Provide a brief description as required: Collier County Homeownership Education classes provide curriculum on cost cutting measures that homeowners can use to reduce energy consumption. Collier County also encourages the use or inclusion, when appropriate, of the following: energy star appliances; low -E windows; additional insulation (for increased R- value); ceramic tile; tank -less water heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; impact resistant windows and doors. 6 Packet Page -1469- 10/13/2015 16. D.13. Adoption Date: April 23, 2013 Revislon Date; April B. 2014 it. I,HAP HOUSING ,STRATEGIES: A. Purchase Assistance a) Summary of the Strategy: The Collier County Purchase Assistance Program is designed to assist first -time homebuyers with the purchase of a new or existing single family home or condominium. Funding, which is provided as a second or subordinate mortgage loan, may be used for down payment, closing costs and principal buy -down as needed for affordable home ownership, SHIP funds may be used in conjunction with a first mortgage loan obtained From a participating lender, not- for -profit developer, Florida Housing Finance Corporation's Bond Program or Rural Development. b) State Fiscal Years Covered: 2013 -14, 2014 -15, 2015 -16 c) income Categories to be served: Applicants assisted must be income certified as very low, low, and moderate income, including persons with special needs as defined in Florida Administrative Code, 67- 37.002 Definitions (21) Persons Who Have Special Housing Needs. d) Maximum Award: 'The maximum award will be 20% of the purchase price, not to exceed $20,000. In the event that another funding source, such as CDBG or HOME is used in conjunction with SHIP, the total amount of assistance from all sources will not exceed the maximum award as stated herein, An additional $5,000 in SHIP funds may awarded to a state certified teacher, state certified nurse state certified_ firefighter, or a state certified law enforcement officer. e) Terms, Recapture and Default: Funds are secured with a recorded fifteen (15) year, zero interest, and deferred payment second mortgage loan and note forgiven at the end of the 15 year period if all conditions have been met. The County will take a third position if FHFC funds are used in addition to SHIP or at the discretion of the Department Director. Monthly payments are not required. Repayment of the Ioan is required in lull when one of the following conditions is met, whichever occurs first: I . Sale; if proceeds are not sufficient to pay off the mortgage note then the homeowner may contact the County regarding a settlement amount of the SHIP loan 7 Packet Page -1470- A10*1-\ 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date April Q. 2014 2, Title transfer, either voluntarily or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. 3. Refinance - to aeeess ea+; a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate with no cash out in accordance with the "Refnal ee Subordination Policy" 4, Home is no longer primary residence, or is leased or rented, in the event that all mortgage holders are deceased, the loan will be forgiven. The County reserves the right to foreclose if the homeowner does not repay the loan as noted above. The County has determined the following terms and provisions for program income versus recaptured funds: and penalties, lea*- tinder - the - eendkien pAmary i-esidenee: b, Recaptui-ed funds is a setwee of SHIP rev esu ax -d cads that -asst , All funds are deposited into the Local Housing Trust Fund and reported as Program Income or Recaptured Funds in the State Fiscal Year they are received as appropriate for Annual Reporting purposes. f) Recipient Selection Criteria: An applicant may submit a completed application for Housing Assistance to the County for a determination of eligibility at any time. Applicants are required to provide all documentation requested for income, eligibility, and qualification detennination. Applications are processed on a first received, first qualified (income and lender approved) first served by income category. Funds will be reserved and awarded to applicants that have met all of the County requirements, are SHIP Income Certified and have a moilgage loan approval from a participating Lender. In the event there are more applications than can be processed due to lack of funding, a waiting list will be maintained, Applications will be sorted by income category; very low, low or moderate, Applicants will be placed oil the appropriate income category list in numerical order. As funding becomes available for a specific income category, the applicant with the lowest number within that category will be contacted and processed. Applicants must attend a county approved Homeowner Education Program and provide a copy of the certificate to the Department. The Certificate must be dated 8 Packet Page -1471- 10/13/2015 16.D.13. Adoption bate: ApM 23, 2013 Revision Date: April 0, 2014 within one year of County application date. Persons that qualify for SHIP assistance will be required to contractually agree to all SHIP program guidelines, Comity SHIP mortgage requirements, repayment provisions, and certify that the unit assisted will be their primary residence. g) Sponsor Selection Criteria: Not Applicable. h) Additional Information: L Units assisted must be within the incorporated or unincorporated area of Collier County. ii, Mobile or manufactured homes are not a category of eligible housing for the County at this time. iii. Completion of the Homebuyer Education Program is mandatory prior to closing. iv. First mortgage must be at a fixed rate; no ABM's, prepayment penality, negative amortizations, balloon loan, owner financing or other non- affordable loan terms are allowed. v. Financial Institutions must be approved by the County in order to participate in the SHIP Program. 9 Packet Page -1472- ' 110� 110� 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date, April B 2014 B. Disaster Relief'Grant Assistance a) Sunlniary of the Strategy: The Disaster Strategy provides assistance to households following a disaster as declared by the President of the United States or Governor of the State of Florida. This strategy will only be implemented in the event of a disaster using any funds that have not yet been encumbered or additional disaster fonds issued by Florida Housing Finance Corporation. SHIP disaster funds may be used for items such as, but not limited to: • Tree and debris removal to make individual housing units habitable; • interim repairs to avoid further damage to home; • Emergency supplies to weather proof damaged home; • Buildu1g permits; • Post disaster assistance with non - insured repairs; • Insurance deductibles; • Expenses to prevent flooding of home such as sand bags, sand, pump, rental, etc.; and • Construction of wells or repair of existing wells where public water is not available. b) Fiscal Years Covered: 2013 -14, 2014 -15, 2015 -I6 c) Income Categories to be served: Very low, low and moderate- income households and persons with special needs as defined in Florida Administrative Code, 67- 37,002 Definitions (21) Persons Who Flave Special Housing Needs. d) Maximum Award: Specific award information is located in the Housing Delivery Goals Charts at Exhibit C. e) Terms, Recapture and Default: All SHIP funds provided to eligible households will be in the form of a grant and not subject to recapture. Persons that qualify for SHIP assistance will be required to sign a grant agreement, contractually agreeing to all SHIP program guidelines Applicants will be required to complete an application for Housing Assistance and provide documentation to as required for income certification. If authorized by Florida Housing Finance Corporation, the County will utilize the Corporation's DISASTER SELF - CERTIFICATION OF INCOME FORM. t) Recipient Selection Criteria: The household assisted must be certified as very low, low or moderate- income and located in Collier County. Completed applications from affected homeowners will be accepted on a first received, first served basis by income category and processed expediently. ll Packet Page -1473- 10/13/2015 16. D.13. Adoption Date; April 23, 2013 Revision Date• April ©, 201h Applicants are required to provide all documentation requested for income and eligibility determination. The unit assisted must be owner - occupied and homesteaded as the primary residence. g) Sponsor Selection Criteria: Not applicable ti) Additional Information- SHIP funds at all times niust be used for eligible applicants and eligible housing. SHIP disaster fiends may not be used for the purchase or rehabilitation of mobile homes unless authorized within the Executive Order. Packet Page -1474- 10�\ 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date: April B.20]4 C Name of the Strlteey• Owner• - Occupied Rehabilitation a) Summary of the Strategy The program is designed to assist income eligible homeowners that own and occupy their home by providing: SHIP funds to assist with necessary repairs to correct code violations or emergency repairs that impact their health safety and welfare The home must be suitable for rehabilitation and located within the unincorporated and incoMgrated areas of Collier COrrnty, Loans for assistance may hiclude costs related to all eligible repairs inspections, work write -ups, and closing costs. bI Fiscal Years Covered: 2013/14. 2014/15, 2015/16• c� Income Categot•ies to be served! Applicants assisted must be income cetifted as very low, low and moderate income which includes persons with special needs as defined in Florida Administrative Code 67- 37.002 Definitions (2 1 ) Persons Who Have Special Mousing Needs. d) Maximum award: Maximum award of up to $30,000. e) Terms of the award; Recapture and Default: Funds will be secured with a recorded fifteen (15) zero interest deferred subordinate mortgage on the proper! properLy in the amount of the subsidy. used in the . ro•ect. If all condrUons of the loan are met one-third-of the loan will be forgiven in five Year increments so that at the end of the fifteenth year the loan is for even Monthly pa menu are not required. Repayment of the loan is required in fill] when one of the following conditions is met whichever occurs first: 1 Sale-, if proceeds are not sufficient to pay off the mortgtage note then the homeowner may contact the County regarding a settlement amount of the SHIP loan that is outlined in the COUllty's "Short Sale Policy". icy ". 2. Title transfer, either voluntarily or by operation of law, divested of titte by iudicial sale, levy or other proceedings including foreclosure or Deed in Lieu. 3 Refinance, refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance rs at a lower fixed rate `vith no cash out in accordance with the "Suhordination Policy". 4 Home is no Longer primary residence abandoned, leased or rented. In the event that all mortgage holders are deceased the loan will be forgiven. 12 Packet Page -1475- 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date: April K 2014 The County reserves the risrht to foreclose if the homeowner does not repo the loan as noted above. The County has determined the following terms and provisions for Drogm income versus recaptu•ed funds: Program Income is a_ source of 81-11P revenue received from the following sources: bank interest amortized loan payments and any associated interest_ and penalties loan orocceds due to repayment of a loan under the condition of refinancing sale or transfer of title property is no longer the client's primaij residence, Recaptured funds is a source of SHiP revenue received when a SHIP recipient loses his o►• her house to foreclOSUre /tax deed sales or the Colinty repays funds that assisted an ineligible client. All funds are deposited into the Local }-lousing Trust Fund and repotted as Program Income or Recaptured Funds in the State Fiscal Year they are received as appropriate for Annual ReForting purposes. f) Recipient Selection Criteria, An applicant may submit a completed application for SHIP Owner- Occupied Rehabilitation to the County /Sponsor far a determination of eligibility at any. time Applicants are required to provide all documentation requested for income eligibility and qualification determination Applications are processed on a first come served, first gUalified by income category basis Applicants will receive a pre - approval letter and their file will be submitted to the Sponsor for unit eligibility. � Persons that qualify for S141P assistance will be required to contractually anr•ee to all SHIP pro rg am guidelines County SHIP mortgage requirements, repayment provisions, and certify that the unit assisted will-be their primary residence._ However the County at its option may procure the services of a non - profit Sponsor to administer all or a portion of the Owner Occupied Rehabilitation Strategy. g) Sponsor Selection Criteria and duties,if applicable: The County will issue a Request for Profwsals requesting_ applications for .Construction Management services from tton- profit organizations. Organiziition to provide the Application intake and certification of households applying for Owner Occupied Rehabilitation. %anizations must submit the proposal as Outlined in the RFP and initially provide information including, but not limited to application intake process. 13 Packet Page -1476- 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date: April 8.2014 income certification experience with SHIP contractor selection and bid process or prior rehabilitation and /or incorne ceitification experience with references. Additional information will be obtain such as resumes construction oversight construction agreements accounting and financial information for Rroiect tracking and payment organization experience, audit reports, financial statements and income documentation for evaluation of sponsor eligibility. h) Additional Information: Mobile or manufactured homes are not a category of eligible housing for the County at this time, 14 Packet Page -1477- 10/13/2015 16. D.13. Adoption Date: April 23, 2013 Revision Date: -Api ll,E 2019 III, LHAP INCENTIVE STRATEGIES: In addition to Strategy A and Strategy B, include all adopted incentives with the policies and procedures used daily for implementation as provided in Section 420.9076, F.S.: Name of the Strategy: Expedited Permitting Collier County will expedite permits as defined in Sec. 163.3164(7) and (8), F.S. for affordable housing projects to a greater degree than other projects. Affordable housing projects will be identified as those projects assisted with state or federal housing funds. Provide a description of the procedures used to implement this strategy: Collier County Board of County Commissioners adopted Resolution No.2007 -176 on July 24, 2007, superseding and replacing Resolution 2005 -408, amending the procedures for expediting the development review process for qualified affordable - workforce housing including community workforce housing innovation program (CWHIP) projects. Initially, a qualification meeting is called with the developer and staff to determine if the project meets the affordable housing requirements. Those projects that demonstrate compliance will be issued a certificate to allow the expedited review process for all development orders. Planning and Zoning will pfe*wed provide expedited status by assisting these developments first throughout the process from application through Certificate of Occupancy. In 2010-2011, Collier County refined the building permit process and performance measures were developed to facilitate the expedited performance and allow the county to closely monitor its performance and adherence to this policy. The current building permit process is 5, 10, 15 days, however single family permits that are using state or federal funding will be moved to the top of the permit process cc ueu - Name of the Strategy: Ongoing Review Process Collier County requires all items which have the potential to increase the cost of housing to be prepared and presented to the Collier County Board of County Commissioners with the amount of the increase or decrease mentioned in the executive summary. a. Provide a description of the procedures used to implement this strategy: The process, by which items are prepared for the BCC Agenda includes a vast approval hierarchy to ensure that all proposed actions impacting affordable housing are reviewed on an ongoing basis. Furthennore, the Collier County Affordable HOLlsing Advisory Committee regularly forms subcommittees to review impediments to affordable housing, as well as new affordable housing incentives. 15 Packet Page -1478- 10/13/2015 16.D.13. Adopdon Date: April 23, 2013 Revision Date: ril fl. 2014 Name of the Strategy: Increased Density for Affordable Housing Collier County allows developers to request increased density when including a certain percentage of affordable housing in the proposed development. a. Provide a description of the procedures used to implement this strategy: An Affordable Housing Density Bonus Agreement must be submitted and approved by the Collier County Board of County Commissioners as provided for in the Collier County Land Development Code, ss, 2.06.00. Name of the Strategy: Inventory of Locally Owned Public Lands Suitable for Affordable Housing. a. Provide a description of the procedures used to implement this strategy: Collier County prepares an inventory of all real property owned by Collier County that may be appropriate for use as affordable housing in accordance with Sec. 125.379 F.S. every three years. Collier County Resolution No. 2007 -172, adopted June 26, 2007, permits properties identified as appropriate for use as affordable housing may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. m Packet Page -1479- `5 10/13/2015 16.D.13. Adoption Date: April 23, 2013 Revision Date: Anrd B 201h IV, EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A, B. Timeline for Encumbrance and Expenditure: Chaper 67- 37.005, F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B, Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Signed Certification is attached as Exhibit D, E, Adopting Resolution: Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: If changed froth the original ordinance, a copy is attached as Exhibit G. H. Interlocal Agreement: A copy of the hilerlocal Agreement if applicable is attached as Exhibit H. 17 _ti Packet Page -1480- 10/13/2015 16.D.13. 1*1,11N Exhibit A ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Amended 2014 Exhibit A February 2014 Administrative Budget 67- 37.005(1), F.A.C. Pe%lliar rniinfv Fiscal. Year Distribution: 2013 -2014 $ 567;140,00 $ 256.000.00' Salaries and Benefits $ 95,000.00 Office Supplies and Equipment $ 1,000.00 Travel Perdiem Workshops, etc $ 2,000.00 Advertising $ 1,000.00 Other Contractual Services $ Total Administration Cost $ 99,000.00 Fiscal Year Distribution: 2014 -2015 $ 500 WOO'. $ > 250;OOO�Qt} Salaries and Benefits $ 95,000.00 Office Supplies and Equipment $ 1,000.00 Travel Perdiem Workshops, etc $ 1,500.00 Advertising $ 1,000.00 Other Contractual Services Total Administration Cost $ 98,500.00 - Fiscal Year Distribution: 2015 -2016 $ 500,000 Ob $ 250;000:00 Salaries and Benefits $ 95,000.00 Office Supplies and Equipment $ 1,000.00 Travel Perdiem Workshops, etc $ 1,500.00 Advertising $ 1,000.00 Other Contractual Services Total Administration Cost $ 98,500,00 Actual State Distribution Anticipated state Distribution Anticipated Program'Income 15 Packet Page -1481- A (n c 3 b` A t a 0 0 O N g m i i L 1 i i i 1 a a a' O ` O ! C I a N I � F a w 1 I O 1 � 1 9 L S a a b 3 3 3 } b i] O 7• w G a N C Q A A 0 0 a C O a N r -i n y n 33 C 5°5' C p. S w n IL 0 w R fw/ a w CL Tr N !L 9 K b m w Packet Page -1482- 10/13/2015 16.D.13. r: e. N 3 � ro � n, r o � d rn C) T O S A ro {n 3 n ro m 'r, r Cl t" o a r r C rn O A c o 2 -L a �• J ��77 c n 4 5 2 m r i a � a o � a Y � N ' P M i o ' n u i '• O I a O N I b I 3 a m I w a. y I 'O . o 3 3 3 4 3 m 5 A N s 0 a g n n a 0 2 O q r 1 � s a 3 v C P_ N � s °a 9 � a S N d R m 9 -I 7i � m P 9` Packet Page -1483- 10/13/2015 16. D.13. z 3 a ro m r D LID w m o z ro to a 3 4 rp m C7 fn O n r D C � m PO 0 z O N C o z A a' y:. o:. m m x c a v ' aA e A n UI A 9 3 rtQ S s c c 0 c c e 4 t Y 1 1 i m m d Cr i a � N Y F Q Y 1 b I ry Y I � r t . n A m 3 3 c 3 m 0 Y] Y w� U G d Q A a 0 a 3 N o v a la � 3 u � v 2: o a 0 A � ? b Y M a e N m � Y. O n k r 10/13/2015 16. D.13. Packet Page -1484- 3 � A � r a o m N m T 0 M 3 v @ m r3r -n n y O y � r m X m m a 70 C N m x c Co /°1 ONE MI MEN MEN ONE mom M 0 mom mom 0 MEMNON No mosom on ■ 0 mom mom 0 ME mom 0 NNE 0 ME mom 0 0 on 0 on IN NMI No mom on M SOME OMEN No so M No mom iys mom 0 ON No M ME ON mom ME Mi no M 0 mom 0 EMMIN M MEMO 0 NNE M ME mom ON MONO 0 0 ON No 0 on MIEN ON M MI no mollon 0 M MEN no No MONSON MEMO IMEMEM momom on ME on mom son ommomm Packet Page -1484- 3 � A � r a o m N m T 0 M 3 v @ m r3r -n n y O y � r m X m m a 70 C N m x c Co /°1 10/13/2015 16. D.13. Packet Page -1485- poolpoo Foo. 04, Pool oolo laplo NO I Ell �o, so ao, go, voo 0 NO 0, 0i 'jo NO , OP40 l :III ;I ; ;; �I�I� � �e- '000, p �� f SOON OVA Oil op'll"Jo F ' BOB '004 Fog sp , "o PA poojpdpopoA III I 1 1111 IN III Packet Page -1485- ,1 @ R 10/13/2015 16.D.13. 3' o ;E 3. /E ��I \� �\ / � � . { ( | { E \ �� ���� } \ \ \ . . � .9191's 91 ,1 @ R 10/13/2015 16.D.13. ���� } \ \ \ . . � 10/13/2015 16.D.13. ���� } \ \ \ . . � PON, alooI a 'o 102, I I �;mpl zo ■■P09,40 ; NOR O 2 I IN�������� sogr gad. PA 1 ��� 0A 0 ;W,d NO s'p ol a " ol I ol 10 � ������ \ \ � \ . { '40 ��go���� PA�� \ . : : : - . or � mom f��� .� \ \ § / / / § / � � r 10/13/2015 16.D.13. Packet Page -1487- @0 loao. No , '00. ,O,j 'do 1/2004 i ill I Iia�l %:JAI 1 0 21ro 1 '00 ROOM flop 19, '00 0110 pood 0, so '00, "POO. 11100 WA Packet Page -1487- 10/13/2015 16.D.13. LHAP Exhibit D 2013 67- 37.005(1), F.A.C. CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of local Government: Collier County (1) The local govenunent will advertise the availability of SHIP funds, if available, pursuant to Florida Statutes. (2) All SHIP fiends will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for fluids has been developed. (4) The eligible municipality or county has developed a qualification system for applications for assistance. (5) Recipients of funds will be required to contractually commit to program guidelines, (6) The Florida Housing Finance Corporation will be notified promptly if, at any time, the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Goverrurnent Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments and Technical Revisions to the approved Local Housing Assistance Plan shall be provided to the Corporation within 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities as program income. (1 1) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law, (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local goveriirnents audited financial statements, copies of the audits will be forwarded to the Corporation by June 30 of each calendar year. V9 Packet Page -1488- /'11-, n, 10/13/2015 16. D.13. LHAP'Exhibit D 2013 67- 37.005(1), F.A.C. (13) An interlocal entity shall have its local housing assistance h•ust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation by June 30. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental units constructed or rehabilitated with SHIP fields shall be monitored annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e), Florida Statutes. (18) The Plan meets the requirements of Sections 420,907 - 420.9079 Florida Statutes, and Chapter 67 -37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83 -220, Laws of Florida have not been implemented, (excel)( for Miami Dade County) "r A "1' "PEST: BOARD OF COUNTY COMMISSIONERS DWIGHT I,, BROCK, CLERIK OF CO;.LIER ,COUNT FLORIDA "TY By: st as to .110 GE R A A HILLER, ESQ, nonly. C1 AIRWOMAN 1pproval as to form and legal Sufficiency: - Jennifer 13. White Assistant County Attoimey 2 Packet Page -1489- In) 10/13/2015 16. D.13. LHAP Exhibit F 2013 67- 37.005(1), F.A.C. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROGRAM INFORMA TION SHEET The following information must be furnished to the Corporation before any funds can be disbursed. Local Government Collier County Government Chief Elected Official Chairwoman, Georgia A, Hiller, Esq. Address 3299 Tamiami Trail East, Naples, Florida 34112 SHIP Administrator Kristi Sonntag, Manager Federal/State Grants Address 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112 Telephone 239 - 252 -2486 EMAIL KristiSonntag (c`),collieigov.net Alternate SHIP Contact Priscilla Doria, Grant Coordinator Telephone 239-252-5312 EMAIL PriscillaDOria (@collier o� v.net Interlocal Agreement (list other local governments in interlocal) City of Naples Local Government Employer Federal ID# 85- 801596653 IC- 1 Disbursement (list bank account information if changed from previous) Other Information f {imberley Grant, Interim Director KimberleyGrant@)ColIier o� v. net 27 '� 1 Packet Page -1490- 10/13/2015 16. D.13. ORDINANCE NO. 2013 - 27 Sy AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER COUNTY SHIP LOCAL HOUSING ASSISTANCE PROGRAM ORDINANCE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR ESTABLISHMENT OF A LOCAL HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR DESIGNATION OF RESPONSIBILITY FOR IMPLEMENTATION; PROVIDING FOR ESTABLISHMENT OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR REPEAL OF ORDINANCE NO. 93 -19, AS AMENDED; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 91 -65, AS AMENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1992, the Legislature of the State of Florida approved t acEWski r 'T Affordable Housing Act creating the State Housing Initiatives Partnership ( "SHIP "jrogr4 foTrj >z! �0 the specific purpose of supporting and expanding the availability of affordable houso'resarrcer- m „y within the State; and m-.n , -n -Tj r-- WHEREAS, the Collier County Board of County Commissioners (Bow a Vte Ordinance No. 9349 on April 13, 1993, creating a local housing assistanceDffist`-ftrnd, establishing a local housing assistance program, designating responsibility for the program, and creating an Affordable Housing Advisory Committee; and WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91 -65, establishing the Collier County Affordable Housing Commission (now known as the Affordable Housing Advisory Committee), which Ordinance was subsequently amended by Ordinance Nos. 04 -77, 05 -69, 08 -17, and 09 -50; and WHEREAS, the Board has determined that it is in the best interest of the County to repeal Ordinance No. 93 -19, as amended, and Ordinance No. 91 -65, as amended, in order to adopt a single consolidated Ordinance to comply with the requirements set forth in Florida Stannes, Sections 420.907- 420.9070 and Chapter 67 -37, Florida Administrative Code. 2013 Collier County SHIP Local Housing AssisWre Program Ordinance Packet Page -1491- 10/13/2015 16. D.13. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and cited as the "Collier County SHIP Local Housing Assistance Program Ordinance ". SECTION TWO: Definitions. For the purposes of this Ordinance, the definitions contained in Florida Statutes, Chapter 420.9071 and Rule 67- 37.002, Florida Administrative Code, as they may be amended or replaced from time to time, are adopted herein by reference. SECTION THREE: Establishment of the Local Housing Assistance Program. The Local Housing Assistance Program is hereby created and established to implement the requirements of Florida Statutes, Section 420.907 and Rule 67 -37, Florida Administrative Code, adopted herein by reference, as they may be amended or replaced from time to time. The County shall implement the program within the unincorporated boundaries of Collier County and may enter into an interlocal agreement with municipalities. The strategies of the program will be set forth in the County's SHIP local housing assistance plan. SECTION FOUR: Establishment of a Local Housing Assistance Trust Fund. Pursuant to the requirements Section 420.907 Florida Statutes, the County hereby reaffirms establishment of a Local Housing Assistance Trust Fund within the official and fiscal accounting office of the County as originally established on April 13, 1993, by Ordinance No. 93 -19, The County's local housing assistance trust fund shall be separately stated as a special revenue fund in the county's audited financial statements. Copies of such audited financial statements shall be forwarded to the Florida Housing Finance Agency. All moneys received from the state pursuant to the State Housing Initiative Partnership (SHIP] Program and any other funds received or budgeted to provide funding for the Local Housing Assistance Program shall be deposited into the Collier County Local Housing Assistance Trust Fund. 2013 Collier County SHIP Local Housing Assistance Program ordinance r/ 1 t ri Packet Page -1492- A01%11, 10/13/2015 16. D.13. SECTION FIVE: Designation of responsibility for implementation. The Director of the County's Department of Housing, Human and Veterans Services shall be primarily responsible for implementation and administration of the local housing assistance program. SECTION SIX: Establishment of an Affordable Housing Advisory Committee. The Affordable Housing Advisory Committee is created and established in accordance with Florida Statutes, Section 420.9076 and County Ordinance No. 01 -55, Standards for The Creation and Review of Boards. In the event of a conflict, the provisions of Florida Statutes, Section 420.9076 shall apply. Duties of the advisory committee are provided in Florida Statutes, Section 420.9076(2)(x) - (k) adopted herein by reference, as they may be amended or replaced from time to time. Appointments to the Affordable Housing Advisory Committee will be made in accordance with the membership requirements of Florida Statutes, Section 420.9076, including joint appointments to prepare a joint plan when a participating municipality enters into an interlocal agreement to administer its program. The committee shall consist of eleven (11) members as required by Florida Statutes 420.9076 (2)(a) -(k), appointed by Resolution of the Board of County Commissioners no Iater than March 2, prior to the year the Local Housing Assistance Plan is due. The term of service shall be for three (3) years or at the discretion of the Board, Terms may be extended for one additional three (3) year term. Six (6) members shall constitute a quorum sufficient to permit the committee to take any formal action. However, if formal action is not taken, the committee may meet to hear presentations with less than a quorum in attendance, if the meeting is duly noticed. A majority of concurring votes of the entire membership of the committee shall be necessary for a decision or recommendation by the committee. The committee may elect a chairperson or presiding officer. The committee members serving immediately prior to this Ordinance's adoption shall fulfill the remainder of their appointed terms. 2013 Collier County SH91 Local Housing Assistance Program Ordinance Packet Page -1493- �} 10/13/2015 16.D.13. The committee shall meet at Ieast triennially and submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives as required by Florida Statutes, Section 420.9076(4)(a) - (k). The Board of County Commissioners may sunset or suspend meetings of the committee upon submission of the triennial Incentive Report and reconvene no later than March 2 of the year the Incentive Report is due, The committee will be cooperatively staffed by Housing, Human and Veterans Services Department and Planning and Zoning Department staff in accordance with Florida Statutes, Section 420.9076(9). SECTION SEVEN: Repeat of Ordinance No. 93 -19, as amended. Ordinance No, 93 -19, pertaining to the Collier County Housing initiatives Partnership Program, and all amendments thereto, is hereby repealed in its entirety. SECTION EIGHT: Repeal of Ordinance No. 91 -65, as amended. Ordinance No. 91 -65, pertaining to the Affordable Housing Committee, and all n amendments thereto, is hereby repealed in its entirety, SECTION NINE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re- lettered to accomplish such, and that the word 'ordinance" may be changed to "section," "article," or other appropriate word or phrase necessary to accomplish such intentions. SECTION TEN: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Effective date. This Ordinance shall become effective thirty (30) days after its adoption by the Board of County Commissioners. 2013 Collier County 5111P Local t lousing Assistance Program Ordinance Packet Page -1494- 1*1� 10/13/2015 16.D.13. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this R } day of , 2013. ATTEST: • DWIGH'To CLERK 4.N! ; w �Ttputy Clerk Affds Ep ; sighs re'0 r, 9 Approved �'�� fo' arm and legal suffcitieney: Jen fer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS CO Veorggia TY, FLORIDA By . Hi ller, Esq. Chairwoman 2013 Collier county SHIP i.oeal liousing Assistance Program Ordinance Packet Page -1495- This ordinance filed with the Mstory of 5 to ff. the day of ..*�' m� and vck%owledgem�at filing �Kaived ffi4. ay 10/13/2015 16.D.13. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -27 which was adopted by the Board of County Commissioners on the 9th day of April, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2013. DWIGHT E. BROCK Clerk of Courts- and Clerk Ex- officio to Baak'�, of County Commissioners-- By: Ann tnejohn, Deputy Clerk Packet Page -1496- 10/13/2015 16.D.13. 11� 16D 5q COLLIER COUNTYICITY OF NAPLES INTERLOCAL AGREEMENT STATE, HOUSING INITIATIVES PARTNERSHIP PROGRAM THIS INTERLOCAL AGREEMENT (the "Agreement ") made and entered into this 3rd da ��� � y of -- 4wr1 , , 2013, by and between Collier County, a political subdivision of the Slate of Florida, acting by and through its Board of County Commissioners, and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council. WI'T'NESSETH: WHEREAS, Section 420.9072, et seq., Florida Statures (the "State Housing Initiatives Partnership Program" ( "SHIP "), authorizes monies in the local Government Housing Trust Fund (the "Fund ") to be distributed to approved counties and eligible /�, municipalities within the county pursuant to an Interlocal Agreement; and WHEREAS, Collier County is an approved county and the City of Naples is an eligible municipality within Collier County; and WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this Agreement; and WHEREAS, the parties have determined that SHIP funds can be more efficiently utilized and managed when the parties work cooperatively to address the conununity's affordable housing needs, NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: I. The County and City do hereby agree that the SHIP Program funds as allocated in Section 420,9073, Florida Statutes, are to be distributed to Collier County to administer in conformity with the mutually approved Local Housing Assistance Plan. INSTR 4832229 OR 4914 PG 1913 1 RECORDED 5/1/2013 1:05 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $35.50 Cq Packet Page -1497- 10/13/2015 16. D.13. 16G, 5� 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the three -year Local Housing Assistance Plan (the "LHAP ") which expires June 30, 2016 and will be automatically renewed with adoption of subsequent LHAPs. 3. The County and City direct the Florida Housing Finance Corporation (the "Corporation ") to distribute and allocate the SHIP Program funds in accordance with this Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Agreement. 4. The SHIP Program funds so distributed will be deposited in a single depository trust fund account created and managed by Collier County, Finance Division of the Office of the Clerk of the Circuit Court. This account shall be known as the Collier County Local Housing Trust Fund (hereinafter referred to as "Local Fund "), to which SHIP funds are distributed by the Corporation. The Corporation will be notified of any change in the Local Fund status and the parties agree to have such Local Fund audited annually as required by Chapter 420, Florida Statutes and Chapter 67 -37, Florida Administrative Code, Since all distributions from the Local Fund shall be processed by Collier Count '^ y, parties hereto agree that the Comprehensive Single Entity Audit of the accounts and records of the County with respect to SHIP revenues and expenditures shall constitute the audit for the Interlocal Entity as described in the SHIP Regulations. The parties hereto agree that the Local Fund may be allocated a pro -rata cost of the independent audit by the County. 5. During the term of this Agreement, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Local Fund, 6. Membership to the Affordable Housing Advisory Committee shall be jointly appointed by Resolution of both the County and City to triennially prepare a joint Local Housing Incentive Plan as required by Chapter 420.9076, Florida Statutes, 7. The parties to this Agreement have adopted incentives from the Affordable Housing Incentive Plan as prepared and submitted by the joint Affordable Housing Advisory Committee, amending the Local Housing Assistance Plan accordingly. Both parties understand that Chapter 420, Florida Statutes requires continuing monitoring and implementation of the Affordable Housing Incentive Plan for the purpose of enhancing and providing affordable 2 Cq Packet Page -1498- A*1011� 10/13/2015 16.D.13. rl housing and agree to cooperate in ensuring that the requirements and spirit oi, the Chapter 420, Florida Statutes is satisfied. 8. Neither party shall use any revenues distributed and allocated for purposes other than those authorized by Section 420.907 et seq., Florida Statutes, or Chapter 67 -37, Florida Administrative Code. 9. During the temi of this Agreement, any party may give the other party ninety (90) days written notice that it wishes to renegotiate the terms of this Agreement, to be effective on the first day of the next fiscal year. If the parties fail to reach a new agreement prior to the commencement of the next fiscal year, this Agreement shall terminate and be of no further force or effect, and the funds shall he allocated according to population pursuant to Section 420.9072 and Section 420.9073, Florida Statutes. 10. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Local Fund to be used by the Corporation, Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement same, and that the Chapter 420, Florida Statutes and Chapter 67 -37, Florida Administrative Code are incorporated herein as if they were restated, IN WITNESS THEREOF, the pailies hereto have caused this Agreement to be eXCCUted by their duly authorized officials, signature only. Approved as to form and legal sufficiency; Jenni er B. White y� Assistant County Attorney BOARD OF C LINTY COMMISSIONERS OF C LIER CO TY LORIDA By; ti A. Hiller, Esq. ' woman Dy�a3��o/3 3 Packet Page -1499- 51 ATTEST: �a. P lo 4410 1 tr I 4 :a1•; r t6pi Jt Os y,*' Approved as to or and legal sufficiency: Robert D. Pritt, City Attorney CITY OF NAPLES, a Municipal Corporation By: ohn F. Sorey III, ayor 4 Packet Page -1500- 10/13/2015 16.D.13. 160 54 0