Agenda 01/24/2012 Item #16D 1n
1/24/2012 Item 16.D.1.
EXECUTIVE SUNII4IARY
Recommendation to approve a subrecipient agreement providing for a $35,000 State Housing
Initiatives Program (SHIP) grant to the Housing Development Corporation of SW Florida, Inc.
(HDC) to provide Homebuyer Education, Counseling and/or Pre - Purchase, Extended Credit and/or
Foreclosure Prevention Counseling to benefit persons earning less than 120% of Family Median
Income of Collier County.
Oi3dEC-TIVE: To provide Homebuyer Education, Counseling and/or Pre- Purchase, Extended Credit
and/or Foreclosure Prevention Counseling to benefit persons earning less than 120% of Family Median
Income of Collier County.
CONSIDERATIONS: The Collier County Housing, Human and Veteran Services (HHVS) Department
proposes to provide a $35,000 SHIP grant to the HDC. The purpose of this grant is to provide
Homebuyer Education and/or Pre- Purchase, Extended Credit and/or Foreclosure Prevention Counseling,
to benefit low and moderate income individuals. This grant funding will be used to conduct ten (10),
eight-hour Homebuyer Education classes/workshops and provide a minimum of one hundred (104) pre-
purchase, extended credit and/or foreclosure prevention counseling -sessions during the grant period.
FISCAL IMPACT: No general funds are associated with this State Housing initiatives Program (SHIP)
Subrecipient Agreement. SHIP grant funds will be available within the SHIP Trust Fund (191), Project
44209 (191 - 138785- 884700 - 44209.1) for Homebuyer Education once the revenue is recognized (Board
Item 16.D.8).
GROWTH MANAGEMENT IMPACT: The SHIP project associated with this subrecipient ant
will help meet the goals, objectives and policies set forth in the Housing Element of the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for board
action. - JBW
RECOMMENDATION: To approve a subrecipient agreement providing for a $35,000.00 SHIP
Homebuyer Education grant to the HDC.
Prepared.by: Rosa Munoz, Grants Coordinator
Housing, Human and Veteran Services Department
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/24/2012 Item 16.D.1.
Item Number: A&D.1.
Item Summary: recommendation to approve a subrecipient agreement providing for a
$35,000 State Housing Initiatives Program (SHIP) grant to the Housing Development
Corporation of SW Florida, Inc. (HDQ.
Meeting Zate: 1124/2012
Prepared
Name: MunozRosa
Title: Grob C,Housing, Human & Veteran Services
1219/20119:1710 AM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: Mina
12/9/20119:17:22 AM
Approved.'By
Name: AlonsoHailey
Title: Administrative Assistaat,Domestic Animal Services
Date: 1/9/2012 10:09:30 AM
Name: GrantKimberley
Title : Interim Director, HHVS
Date:, 11 10/2012 4:58:02 PM
Name: Castor a Wwgo
Date: 1/11/201210:41:2. AM
Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 1/11/2012 12::15:51 PM
Name: RainseyMarla
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�1
11—N Title: Administrator, Public Services
Date: 1/11/2012 1:12:44 PM
Name: WhiteJennifer
1/24/2012 Item 16.D.1.
Title: Assistant County Attorney,County Attorney
Date: 1/11/2012 1:28:58 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/11/2012 3:05:21 PM
Name: FinnEd
Date: 1/13/2012 6:16:42 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 1/17/2012 9:27:29 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/17/2012 10:25:25 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 1/17/2012 10:49:48 AM
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1/24/2012 Item 16.D.1.
AGREEMENT BETWEEN COLLIER COUNTY
AND
HOUSING DEVELOPMENT CORPORATION
OF SW FLORIDA, INC.
STATE HOUSING INITIATIVES PARTNERSHIP
HOMEBUYER EDUCATION AND COUNSELING'
CSFA #52.901
THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision
of the State of Florida, hereinafter referred to as "COUNTY," and the Housing Development Corporation of SW
Florida, Inc., hereinafter referred to as "SPONSOR ", a private not - for - profit corporation existing under the laws
of the State of Florida, having its principal office at 3200 Bailey Lane, #109, Naples, FL 34105, and its Federal
Tax Identification number as 38- 3695928.
WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program; and
WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is
undertaking certain activities to primarily benefit persons or households earning not greater than 120% of
median annual income adjusted for family size; and
WHEREAS, the Fiscal Year 2007 -2010 Local Housing Assistance Plan as amended was adopted by the
Board of County Commissioners on April 24, 2007, Resolution No. 2007 -96; and
WHEREAS, the COUNTY and the SPONSOR desire to provide the services specified in Exhibit "A" n
of this Agreement, in accordance with the approved Local Housing Assistance Plan; and
WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings as
specified in Exhibit "A" and determines that they are valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is
agreed by the Parties as follows:
L DEFINITIONS
"Low- income person" or "low- income household" means the definition set forth in Section 420.9071(19), F.S.
"Moderate- income person" or "moderate- income household" means the defmition set forth Section
420.9071(20), F.S.
II. SCOPE OF SERVICES
The SPONSOR shall, in a satisfactory and proper manner, as determined by Housing, Human and Veteran
Services, perform the tasks necessary to conduct the program outlined in Exhibit "A
III. TIME OF PERFORMANCE
The effective date of the agreement between COUNTY and SPONSOR shall be January 24, 2012.
SPONSORS are authorized to incur eligible expenses after that date. The services of the SPONSOR shall be
undertaken and completed in light of the purposes of this Agreement. In any event, all services required
hereunder shall be completed by the SPONSOR prior to January 23, 2013. Any funds not obligated by the
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expiration date of this Agreement shall automatically revert to COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SPONSOR shall be reimbursed by the COUNTY using State Housing Initiatives Partnership Program
funding for allowable costs, determined by COUNTY, in an amount not to exceed Thirty Five Thousand and
00/100 Dollars ($35 000 00) for the services described in Exhibit "A."
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to Housing, Human and
Veteran Services Department at its office, presently located at 3339 E Tamiami Trail, Suite 211, Naples, Florida
34112, and to SPONSOR when delivered to its office at the address listed on page one (1) of this Agreement.
VI. SPECIAL CONDITIONS
The SPONSOR agrees to comply with the requirements of the State Housing Initiatives Partnership Program as
described in Sections 420.907 - 420.9079, F.S. and Chapter 67 -37, F.A.C. The SPONSOR further agrees to
utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available for
specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The SPONSOR shall implement this Agreement in accordance with applicable Federal, State,
and County laws, ordinances and codes, and with the procedures outlined in Housing and
Human Services' Policies and Procedures memoranda. The Federal, State, and County laws,
ordinances and codes, are minimal regulations supplemented by more restrictive guidelines set
forth by Housing and Human Services. No payments will be made until approved by Housing
and Human Services, or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SPONSOR shall notify Housing, Human and Veteran Services in writing within thirty (30)
days of receiving notification from the funding source and submit a cost allocation plan for
approval within forty-five (45) days of said official notification.
B. SUBCONTRACTS
Any work or services subcontracted by the SPONSOR shall be done specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SPONSOR of any subcontract hereunder, such subcontracts must be submitted
by the SPONSOR to Housing, Human and Veteran Services for its review and approval, which
will specifically include a determination of compliance with the terms of the attached Scope of
Services set forth in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department, Florida
Statutes and Florida Housing Finance Corporation. Reimbursements for such services will be
made at SPONSOR's cost. None of the work or services covered by this Agreement, including
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but not limited to consultant work or services, shall be subcontracted by the SPONSOR or
reimbursed by the COUNTY without approval from Housing, Human and Veteran Services or
its designee.
C. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards of both parties, except that County representative(s) may
approve adjustments between line item amounts, scope clarification, or an extension of time and
schedule that do not change the project, or exceed the amount funded by the County, as stated
herein. Any modification to this contract shall be in compliance with the Collier County
Purchasing Policy and Administrative Procedures in effect at the time such modifications are
authorized.
D. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold
harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable_ attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SPONSOR or anyone employed or utilized by the SPONSOR in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole
negligence of Collier County. The foregoing indemnification shall not constitute a waiver of !�
sovereign immunity beyond the limits set forth in Section 768.28, F.S.
E. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SPONSOR will include a reference to the financial support herein
provided by Housing, Human and Veteran Services in all publications and publicity. In
addition, the SPONSOR will make a good- faith effort to recognize Housing and Human
Services' support for all activities made possible with funds made available under this
Agreement. If applicable, the SPONSOR will mount a temporary construction sign for projects
funded by Housing and Human Services. This design concept is intended to disseminate key
information regarding the development team as well as Equal Housing Opportunity to the
general public. This sign construction utilizes a minimum conventional 4 foot by 8 foot
plywood back panel and other conventional construction materials and methods and shall
comply with applicable Collier County Codes.
F. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SPONSOR with funds under this Agreement shall be returned to
COUNTY. In the event of termination, the SPONSOR shall not be relieved of liability to the
COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by
the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set -off
purposes until such time as the exact amount of damages due to the COUNTY from the
SPONSOR is determined.
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1 • TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner
its obligations under this Agreement, or if either party shall violate any of the
covenants, agreements, or stipulations of this Agreement, either party shall
thereupon have the right to terminate this Agreement in whole or part by giving
written notice of such termination to the other party and specifying therein the
effective date of termination.
2. TE ATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option
and for any reason, terminate this Agreement upon ten (10) working days
written notice to the other party. Upon termination, the COUNTY shall pay the
SPONSOR for services rendered pursuant to this Agreement through and
including the date of termination.
TERMINATION DUE TO CESSATION
In the event the State Housing Initiatives Partnership Program is suspended or
terminated, this Agreement shall be suspended or terminated effective on the
date that Florida Housing Finance Corporation specifies.
G. INSURANCE
SPONSOR shall obtain and carry, at all times during its performance under this Agreement,
insurance of the types and in the amounts described herein and further set forth in Exhibit `B".
H. SPONSOR LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit `B" shall not relieve the SPONSOR of
its liability and obligation under this subsection or under any subsection of this contract. The
contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days
after the Board of County Commissioners' approval. If the Insurance certificate is received
within the specified period, but not in the manner prescribed in these requirements, the
SPONSOR shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected Certificate to the County.
If the SPONSOR fails to submit the required insurance documents in the manner prescribed in
these requirements within twenty (20) calendar days after the Board of County Commissioners'
approval, the SPONSOR shall be in default of the terms and conditions of the contract.
VIII. ADMINISTRATIVE REHUMMEENTS
A. DOCUMENTATION AND RECORDI�EEPING
1 • The SPONSOR shall maintain all records required by the State Housing
Initiatives Partnership Program and Housing, Human and Veteran Services.
2. All reports, plans, surveys, information, documents, maps, and other data
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procedures developed, prepared, assembled, or completed by the SPONSOR for
the purpose of this Agreement shall be made available to the COUNTY at any
time upon request by the COUNTY or Housing, Human and Veteran Services:
Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to
Housing, Human and Veteran Services, if requested. In any event the
SPONSOR shall keep all documents and records for three (3) years after
expiration of this Agreement.
3 • The SPONSOR shall submit detailed monthly progress reports to Housing,
Human and Veteran Services outlining the status of specific activities under the
project. Each report must account for the total activity for which the
SPONSOR is paid with State Housing Initiatives Partnership Program funds, in
part or in whole, and which is required in fulfillment of their obligation
regarding the project. The progress reports shall be submitted on the attached
Schedule "D -2 ".
If indirect costs are charged, the SPONSOR will develop an indirect cost
allocation plan for determining the appropriate SPONSOR's share of
administrative costs and shall submit such plan to the COUNTY for approval,
in a form specified by the COUNTY.
5• Failure to adequately maintain any former State Housing Initiatives Partnership
Program funded project may result in the delay of processing reimbursement
requests for ongoing activities or in the forfeiture of future State Housing �
Initiatives Partnership Program funds.
6. The SPONSOR will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are
eligible under the State Housing Initiatives Partnership Program.
7. The SPONSOR further agrees that Housing, Human and Veteran Services shall
be the final arbiter on the SPONSOR's compliance with the above.
B. REPORTS AUDITS AND EVALUATIONS
Advance payments and/or reimbursement will be contingent on the timely receipt of complete
and accurate reports required under this Agreement, and on the resolution of monitoring or
audit findings identified pursuant to this Agreement.
Monthly reports will be submitted using the form attached as Schedule "D -2" and will be
accompanied by a Request for Payment if applicable.
The SPONSOR agrees that Housing, Human and Veteran Services will carry out periodic
monitoring and evaluation activities as determined necessary. The continuation of this
Agreement is dependent upon satisfactory evaluation. The SPONSOR shall, upon the request
of Housing and Human Services, submit information and status reports required by Housing,
Human and Veteran Services or Florida Housing Finance Corporation to enable Housing,
Human and Veteran Services to evaluate said progress and to allow for completion of reports
required. The SPONSOR shall allow Housing, Human and Veteran Services or Florida
Housing Finance Corporation to monitor the SPONSOR on site. Such site visits may be
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^ scheduled or unscheduled as determined by Housing, Human and Veteran Services or Florida
Housing Finance Corporation.
C. ADDITIONAL HOUSING HUMAN AND VETERAN SERVICES COUNTY AND
FLORIDA HOUSING FINANCE CORPORATION
Housing, Human and Veteran Services shall have the right under this Agreement to suspend or
terminate reimbursement until the SPONSOR complies with any additional conditions that may
be imposed by Housing, Human and Veteran Services, COUNTY, or Florida Housing Finance
Corporation at any time. Additional requirements are Iisted on Exhibit "C ".
D. AUDITS AND INSPECTIONS
1. Non -profit organizations that expend $500,000 or more annually in federal or
state awards shall have a single or program - specific audit conducted for that
year in accordance with OMB A -133. Non - profit organizations expending
federal or state awards of $500,000 or more under only one federal or state
program may elect to have a program - specific audit performed in accordance
with OMB A -133. SPONSORS who will be receiving, or who have received,
federal or state awards for loans or loan guaranteed programs with may be
required to conduct audits of those programs in accordance with regulations of
the federal agencies providing those guarantees or loans.
2. Non- profit organizations that expend less than $500,000 annually in federal or
state awards shall be exempt from an audit conducted in accordance with OMB
^ A -133, although their records must be available for review (e.g., inspections,
evaluations). These agencies are required by Housing, Human and Veteran
Services to submit "Reduced Scope" audits (e.g., financial audit, performance
audits). They may choose, instead of a Reduced Scope Audit, to have a
program audit conducted for each federal award in accordance with federal
laws and regulations governing the program in which they participate. Records
must be available for review or audit by appropriate officials of federal and/or
County agencies.
3. When the requirements of OMB A -133 apply, or when the SPONSOR elects to
comply with OMB A -133, an audit shall be conducted for each fiscal year for
which federal or state awards attributable to this contract have been received by
the SPONSOR. Each audit shall include a fiscal review, which includes a
validation of all program- generated income and its disposition, especially
attributable to SHIP funds, an internal control review, and a compliance review
as described in OMB A -133. A copy of the audit report in triplicate must be
received by Housing, Human and Veteran Services no later than six months
following the end of the SPONSOR's fiscal year.
4. If an audit is required by Section "D" of this Agreement, but the requirements
of OMB A -133 or Florida Housing Finance Corporation do not apply or are not
elected, the SPONSOR may choose to have an audit performed either on the
basis of the SPONSOR's fiscal year or on the basis of the period during which
Housing, Human and Veteran Services' federal or state assistance has been
received. In either case, each audit shall cover a time period of not more than
twelve months and an audit shall be submitted covering each assisted period
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until all the assistance received from this contract has been reported. Each
audit shall adhere to all other audit standards of OMB A -] 33, as these may be
limited to cover only those services undertaken pursuant to the terms of this
contract. A copy of the audit report in triplicate must be received by Housing,
Human and Veteran Services no later than six (6) months following each audit
period.
5. The SPONSOR shall maintain all contract records in accordance with generally
accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by COUNTY pursuant to the terms of this
contract.
6. The SPONSOR shall maintain all contract records that document all actions
undertaken to accomplish the Scope of Services outlined in Exhibit "A" of this
Agreement.
7. The SPONSOR shall ensure that the contract records shall be, at all times,
subject to and available for full access and review, inspection, or audit by
COUNTY and federal or state personnel and any other personnel duly
authorized by COUNTY.
8. The SPONSOR shall include in all Housing, Human and Veteran Services'
approved subcontracts used to engage subcontractors to carry out any eligible
substantive programmatic services, as such services are described in this
contract and defined by Housing, Human and Veteran Services, each of the
record - keeping and audit requirements detailed in this contract. Housing,
Human and Veteran Services shall, in its sole discretion, determine when
services are eligible substantive programmatic services and subject to the audit
and record- keeping requirements described above.
E. GRANT CLOSEOUT PROCEDURES
SPONSOR'S obligation to COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to: sale and
occupancy of the unit, making final payments, disposing of program assets (including the return
of all unused materials, equipment, unspent cash advances, program income balances, and
receivable accounts to the COUNTY), and determining the custodianship of records.
M OTHER PROGRAM MUIREMENTS
A. PROGRAM BENEFICIARIES
One hundred percent (100 %) of the beneficiaries of the project funded through this Agreement
must be persons or households earning not greater than 120% of median annual income adjusted
for family size. The project funded under this Agreement shall assist beneficiaries for the term
of the assistance, as designated in Exhibit "A" of this Agreement. The SPONSOR shall provide
written verification of compliance to Housing, Human and Veteran Services, on an annual basis,
upon Housing, Human and Veteran Services' request.
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B. EVALUATION AND MONITORING
The SPONSOR agrees that Housing, Human and Veteran Services will carry out periodic
monitoring and evaluation activities as determined necessary by Housing, Human and Veteran
Services or the COUNTY and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The SPONSOR agrees to furnish upon request to Housing, Human and Veteran
Services, the COUNTY or the COUNTY'S designees and make copies or transcriptions of such
records and information, as is determined necessary by Housing, Human and Veteran Services
or the COUNTY. The SPONSOR shall, upon the request of Housing, Human and Veteran
Services, submit information and status reports required by Housing, Human and Veteran
Services, or the COUNTY on forms approved by Housing, Human and Veteran Services to
enable Housing, Human and Veteran Services to evaluate said progress and to allow for
completion of reports required of Housing, Human and Veteran Services by Florida Housing
Finance Corporation. The SPONSOR shall allow Housing, Human and Veteran Services to
monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as determined
by Housing, Human and Veteran Services and the Florida Housing Finance Corporation.
C. CONFLICT OF INTEREST
The SPONSOR covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement and that no person having any conflict of interest shall
be employed by or subcontracted by the SPONSOR. Any possible conflict of interest on the part
of the SPONSOR or its employees shall be disclosed in writing to Housing, Human and Veteran
Services provided, however, that this paragraph shall be interpreted in such a manner so as not
to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and very low - income residents of the project target
area.
D. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. Star. by entering into this Agreement or performing any
work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof. This notice is required Section
287.133 (3)(a), F.S.
E. DRUG -FREE WORKPLACE REQUIREMENTS
The SPONSOR, as a condition of being awarded, must certify that they will provide drug -free
workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with
U.S. Housing and Urban Development rules at 24 CFR Part 24, subpart F.
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F. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No State Housing Initiatives Partnership Program appropriated funds have been
paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any State Housing
Initiatives Partnership Program contract, the making of any State Housing
Initiatives Partnership Program grant, the making of any State Housing
Initiatives Partnership Program loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any State Housing Initiatives Partnership Program contract,
grant, loan, or cooperative agreement.
2. If any funds other than State Housing Initiatives Partnership Program
appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this State Housing Initiatives Partnership Program
contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying ", in
accordance with its instructions. n
3. The undersigned shall require that the language of this certification be included
in the award documents for all sub - awards at all tiers (including subcontracts,
sub - grants, and contracts under grants, loans, and cooperative Agreements) and
that all SPONSORS shall certify and disclose accordingly.
X. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
XL COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -two (22) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XII. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitute the entire understanding. The parties hereby acknowledge that there have been. and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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IN WIT!vESS WHEREOF. the Sponsor tea the county, bave mcb, tpreetively, by an authorized person or
anent, hervusder at thew hands and seat on dds day of _ _ .'0
ATTEST:
DWIGHT h. BROCK, CLERK
Dated:
(SF_AL.)
01 adr� _ N.
ype/print wdess��uik
lit)C/SHIP
'or r A
Fiarncbuyw Edseddioa a: Conn dins
BOARD OF COUNTY COMMISSMWERS OF
COLLIER COUNTY, FLORIDA
- CHAIRMAN
Housing Dtvekgmwnt Corporation of
SW Florida. Inc.
By: f w. _ —
Signature
K PptknM. L)=utivc Director
Type/print Subv cipient name and tide
Appm "W as to favd and feet! sutiicksq:
Jennifer B. White •'��
Assistant County Attomry Al
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EXHIBIT "A"
SCOPE OF SERVICES
HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA HDC
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
HOMEBUYER EDUCATION AND COUNSELING
A. PROJECT SCOPE:
State Housing Initiatives Partnership (SHIP) funding will be used to provide homebuyer
education and pre - purchase, extended credit and/or foreclosure prevention counseling, to
residents of Collier County.
The program will target low and moderate income persons. This grant funding for the Housing
Development Corporation of SW Florida, Inc. (HDC) will be used to conduct ten (10), eight -
hour Homebuyer Education classes /workshops and provide a minimum of one hundred (100)
Pre-purchase, extended credit and/or foreclosure prevention counseling sessions during the
grant period.
The project activities will meet the Florida Housing Finance Corporation's strategy to benefit
low and moderate income persons.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing Thirty Five Thousand
Dollars ($35,000.0Q) in SHIP funding for the project scope described above.
Line Item Description
CDBG Funds
Homebuyer Ed Workshops
Ten 8 -hour classes at $3,000 per
workshop)
$ 30,000.00
Counseling
Pre - purchase, Extended Credit,
and/or Foreclosure Prevention
($50 per session/100)
$ 5,000.00
TOTAL SHIP FUNDS
$ 35,000.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
HDGSHIP Page 11 of 22
2011 Agreement
Homebuyer Education & Counseling
Packet Page -1603-
1/24/2012 Item 16.D.1.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
Date Start Date End Work Plan
01/2012 01/2013 Homebuyer Education Workshops conducted
01/2012 01/2013 A minimum of 100 Pre - Purchase, Extended Credit
and/or Foreclosure Prevention Counseling sessions
conducted
D. PAYMENT SCHEDULE:
The following table details the project deliverables and payment schedule.
Deliverable
Homebuyer Education
Workshops
Homebuyer Education Pre -
Purchase, Extended Credit
and/or Foreclosure
Prevention Counseling
HDC/SHIP
2011 Agreement
Homebuyer Education & Counseling
Payment Schedule
Upon invoicing of allowable expenses
Upon invoicing of allowable expenses
Page 12 of 22
Packet Page -1604-
1/24/2012 Item 16.D.1.
EXHIBIT "A -1"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Housing, Human &Veteran Services
Public Services Division 3339 Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Date Phone: (239) 252 -4663
Kathy Patterson
3200 Bailey Lane, #109
Naples, FL 34105
RE: Zero Dollar Contract Change Notification
Re: Contract # (Homebuyer Education and Counseling)
Project #
Purchase Order #
Dear Ms. Patterson:
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated
below:
r The above referenced contract time is hereby extended b
completion date shall be on or before [month and day], [year].
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely
and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all
legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of
action should circumstances warrant with regard to the referenced contract.
r
Additional Staffing Categories [professional position(s)j [hourly rate(s)]
r Draw against Allowance (specify allowance item and identify specific items and quantities
r Other: Scope Clarifications
Sincerely,
Grant Coordinator
cc: Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
HDC/SHIP Page 13 of 22
2011 Agreement
Homebuyer Education .& Counseling
Packet Page -1605-
1/24/2012 Item 16.D.1.
EXHIBIT "B"
INSURANCE REQUIREMENTS
The SPONSOR shall fumish to Collier County, c/o Housing, Human and Veteran Services Department,
3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per
occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional
insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury
and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SPONSOR or the licensed design
professional employed by the SPONSOR in an amount not less than $300,000 per occurrence providing for all
sums which the SPONSOR and/or the design professional shall become legally obligated to pay as damages
from claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR
in connection with this contract. This insurance shall be maintained for a period of two (2) years after the
certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide or cause its
Subcontractors to provide original policies indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than
one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the
name of Collier County and the SPONSOR.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone,
in an amount not less than the full replace values of the completed structure(s) or the maximum amount of
coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will
show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings'
walls and roof exist.
OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined
Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this
coverage.
HDC/SHIP Page 14 of 22
2011 Agreement
Homebuyer Education & Counseling
Packet Page - 1606 -.
1/24/2012 item 16.D.1.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to
this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum .amount of coverage available through the National Flood
Insurance Program (NFIP). The policy must show Collier County as a Loss Payee. A.T.I.M.A.
HDC/SHIP Page 15 of 22
2011 Agreement
Homebuyer Education & Counseling
Packet Page -1607-
1/24/2012 Item 16.D.1.
E)CHMIT "C"
ADDITIONAL REQUIREMENTS
There are no additional requirements.
HDC /SHIP Page 16 of 22
2011 Agreement
Homebuyer Education & Counseling
Packet Page -1608-
1/24/2012 Item 16.D.1.
EXHEBIT "D"
REQUIRED SUBAUTTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D-2 SHIP Monthly Progress Report
HDC/SHIP Page 17 of 22
2011 Agreement
Homebuyer Education & Counseling
Packet Page -1609-
1/24/2012 Item 16.D.1.
SCHEDULE "D -1"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REOUEST FOR PAYMENT
Sponsor Name: The Housing Development Corporation of SW Florida Inc
Sponsor Address: 3200 Bailev Lane #109 Naples Florida 34105
Project Name: Homebuver Education &Counseling
Project No: 5H 12-01 Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1.
Grant Amount Awarded
2. $ 35,000.00
Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4.
Amount of Previous Unpaid Requests
5. $
Amount of Today's Request
6. $
Current Grant Balance (Initial Grant Amount Awarded Less
Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between COUNTY and us, as SPONSOR. I also certify that the amount of the Request for Payment
is not in excess of current needs.
Signature
Title
Authorizing Grant Coordinator
Date
Supervisor (approval authority under $14,999)
Dept Director (approval required $15,000 and above)
HDCSHIP Page 18 of 22
2011 Agreement
Homebuyer Education & Counseling
Packet Page -1610-
1/24/2012 Item 16.D.1.
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
The SPONSOR certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which
a lien or a demand against any payment bond might be filed, have been satisfied and paid.
This Release and Affidavit is given in connection with the SPONSOR'S (monthly /final) Request for Payment.
SPONSOR
Witness:
IM
Print name and title
STATE OF FLORIDA
COUNTY OF COLLIER
M
ITS:
DATE:
I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county
aforesaid to take acknowledgements, personally appeared to me known to
be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (He/
she/ they) executed the same for the purpose therein expressed.
WITNESS my hand and official seal in the County and State aforesaid this day of
.2010.
My Commission Expires:
(Seal)
Notary Public's Signature
Print Name
Packet Page -1611-
r1M_ _00MI
1/24/2012 Item 16.D.1.
SCHEDULE "D -2"
MONTHLY PROGRESS REPORT.
Complete form for past month and submit to Housing, Human and Veteran Services ' staff by the 10`x' of the
following month.
Status Report for Month of. Submittal Date:
Project Name: Home )Myer Education & Counseling
Project Number: SH12 -01 Activity Number: N/A
Sponsor: The Housing Development Corporation of SW Florida, Inc
Contact Person: Kathv Patterson Executive Director
Telephone: 239 -434 -2397 Fax: 239-410-2387
E -mail: cmalone(@.hfficollier.com
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past
month).
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please
list and attach any recent media coverage of your organization relating to this project.
4. Lest any additional data relevant to the outcome measures listed on the application for this
project.
5. Identify any potential issues that may cause delay.
HDC/SHIP Page 20 of 22
2011 Agreement
Homebuyer Education & Counseling
Packet Page -1612-
1/24/2012 Item 16.D.1.
New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
page)—___
Ethnicity
(see definitions
on following
page)
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
For projects that serve a particular clientele, please complete the following information by entering the
appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either
households or persons served. However, if one person received TWO services this counts as TWO SERVICE
UNITS.
TOTAL BENEFICIARIES
This project benefits households or persons, Please circle one category (either "households" or
"persons "). Enter the number of beneficiaries in the blank space and in Box 1. "
INCOME
Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current n
Median Family Income (NEI). Enter this number in Box "2. "
Of the households or persons assisted, are very low - income (31 -50 %) of the current Median Family
Income (MFI). Enter this number in Box "3. "
Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family
Income (MFI). Enter this number in Box "4. "
NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this number in
box "5" below.
BOX 1
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
Persons Assisted
0 -30%
31 50%
HDC /SHIP Page 21 of 22
2011 Agreement
Homebuyer Education & Counseling
Packet Page -1613-
1/24/2012 Item 16.D.1.
n Sponsors must indicate total beneficiaries for Race and Ethnicity
Definitions of Race
• White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
• Black or African- American: A person having origins in any of the black racial groups of Africa.
• Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the
Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
• American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
• Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
HDC /SHIP Page 22 of 22
2011 Agreement
Homebuyer Education & Counseling
Packet Page -1614-