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Agenda 12/14/2010 Item #16D11 Agenda Item No. 16011 December 14. 2010 Page 1 of 24 EXECUTIVE SUMMARY Recommendation to approve and authOl-ize the Chairman to sign a subrecipient agreement providing for a $35,000.00 State Housing Initiatives Program (SHIP) grant to the Housing Development Corporation of SW Florida, Inc. (HOC). This agency will provide Homebuyer Education Counseling and Pre-Purchase, Extended Credit and/or Foreclosure Pt'evention Counseling to benefit persons eaming less than 120'\10 of Family Median Income of Collier County. OBJECTIVE: To provide a State Housing lniliatives Partnership Program (SHIP) grant in the amount of$35,000 to the Housing Development Corporation ofSW Florida (HOC) filr the purpose of providing Homebuyer Education Counscling and Foreclosurc Prevention Counseling to benefit low and moderate income individuals. CONSIDERATIONS: The Collier County Housing,Jluman and Veteran Services (HHVS) Department proposes to provide SHIP funds fix a $35,(ioo grant to HOC. This grant will fund a Homebuyer Education and Pre-Purchase, Extended Credit and/or Foreclosure Prevention Counseling program. The HOC will edueatc a minimum of 100 persons with this SHIP grant. On April 24, 2007, the Board of County Commissioners adopted Rcsolution No. 2007-96 approving a revision to the threc year SHIP Local Housing Assistance Plan (LHAP) adding ncw definitions and new strategies outlining the intended use of SHIP funds I,)r fiscal years 2007-2008, 2008-2009 and 2009-20 I O. SHI p's LHAP provided a summary of the projects to be funded. The project included in this Agreement was approved as part of the State FY 2008-2009 LHAP. ~ FISCAL IMPACT: Approval of this agreement will provide SHIP grants in the amount of $35,000.00 to the HOC. No general funds are being utilized. GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan. LEGAL CONSIDER" nONS: This item is legally sunieient J'lr Board action. JBW RECOMMENDATION: To approve and authorize the Chairman to sign a subreeipient agreement providing for a $35,OO().OO SHIP grant to the HOC. This agency will provide Homebuyer Education Counseling and Pre-Purchase. Extended Credit and/or. Forcclosure Prevention Counseling to benefit persons earning less than !20';;, of Family Median Income of Collier County. Prepared by: Rosa Munoz, Grants Coordiuator Housing, Human and Veteran Services Department Item Number: Item Summary: Meeting Date: Prepared By Rosa Muoz FutJiic Selvrc{-.'s Division Agenda Item No. 16D11 December 14, 2010 Page 2 of 24 COLLIER COUNTY BOAIlD OF COUNTY COMMISSIONERS 16DI1 Recommendation to approve and authorize the Chairman to sign a subrecipient agreement prclvidillg for a $35.000 State Housing Initiatives Program (SHIP) grant to ttle Housing Developmellt COlpmation of SW Flurida, Inc (HOC) This agency will provide Homebuyer E:duca1lon Counseling and Pre-Purchase, Extended CI-edit and/or Foreclosure Prevention CClUllsc~lillg to ben(~fit persDns earning less than 120%) of Family Median Income of Collier County. 12/1t1/~'O-1O 900'OD Nvl Grants Coorc!innjof Date HUlll<lll ~;{)tvices J iii6i2010i 59:26 Pivi Approved By Marcy Kr!llnbine Puhlic Servi':es Dil'i<:;joll Approved Hy Mi'!lla R;:wl!",cy PuhHc ServiC';f; Divi:;ioll Approvcd fly Jennih'l Whiie C'HH1ty pdlo!'Ij':v ApJll"Ovcd Ry M2tknv~ J. r'O('Ir! A(i11l1ni.....(I,'li"(c $!;T' it:'!'? Uivi,'inn Approved Ry J'~l t I~ 1-11 ;:1:~,'" Approved By ,Jr"Fl- C;(:nt;]ii\i'l.or CrHI!!1y FJlfill?!Y!'~' (tHiel.' Appnrved fly She!'!\, F'lytH Office uf rf!;lIJi'(jt'mrnl,'?, Budgpt ApllI"ovcd fly L~,o E. Ochs, Jr. COllllt)1 r'Jt:JI1;>~V~ls Uffice Dircr:tor - HOlJsill~J 8. ~IIJlnan Services [late Humnp ~.Nvi(;cs n/1712010 10:28 AM Administtator - F'lIldic Snvic;!s Datf' F'\thlic S(:rvicc'; Divi";ioll 11/-18/20-104:19 PM !\S';I<:',tilllt COUllly f\U'JflWY Date C(>lqllv {'l\Ofl:rv 11/22120102:15 PM (~1;1!11 !lcn'l;;p:rv.'l1! }~. fl!\p'rlf ('~o~)!di'H;or C<1tn d;'~i'!i~;1'n\;\i1.' ,'1 n' t'~~ f);vi"iun Ili22f2UH1 2:29 PM '("nl~" ,I !u:nll,' [l;llr; 1211/701010'19AM D:1tr III '('f 1",'1''11:'':1''1'1')111 it P'w!'rr:! '12!j}2010 3:37 PM F,I'~:1;1if('111':I'ti Budut't !\n.lIy:;t, ::;"Iliof Liate tlr'i~;~, d rd,ll1,H;Ct1j"lll L~ IJudqct 1212120103:25 PM r::C-"lflly f'.lI'llliJU'JI Date County !VliJll?U?lS Office -12/5:20101 52 PM Agenda Item No. 16D11 December 14. 2010 Page 3 of 24 AGREEMENT BETWEEN COLLIER COUNTY AND HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. STATE HOUSING INITIATIVES PARTNERSHIP HOME BUYER 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 ofSW 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 4779 Enterprise Avenue, Naples, FL 34104, 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 ] 20% of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2007-2010 Local Housing Assistance Plan 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" 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 detennines 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: I. DEFINITIONS "Low-income person" or "low-income household" means the definition set forth in Seetion 420.9071 (19), F.S. "Moderate-income person" or "moderate-income household" means the definition 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 July 1,2010. SPONSORS are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to Housing, Human and Veteran Services consent. 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 HOC/SIIII' 2010 Agreement lIomebuyer Education & Counseling Page 1 of 22 Agenda Item No. 16D11 December 14, 2010 Page 4 of 24 SPONSOR prior to June 30, 2011. Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. IV. CONSIDERA nON AND LIMIT A TION 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 21 I, Naples, Florida 34112, and to SPONSOR when delivered to its office at the address listed on page one (I) 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, fimds otherwise available for specified activities. VII. GENERAL CONI>lTIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, urdinances 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 rorth by Housing and Human Services. No payments will be made until approved by Housing and j'luman Services, or designcc. 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. SlJ!KONIRACTS 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 or 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 HOC/SHIP 20 I 0 Agreement Homebuyer Education & Counsding Page 2 01'22 Agenda Item No. 16D11 December 14. 2010 Page 5 of 24 made at SPONSOR's cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the COUNTY without prior 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. INDEMNiFiCA TION To the maximum extent permitted by Florida law, the SPONSOR shall indemnity 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 !lousing, 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 !lousing and Human Services. This design concept is intended to disseminate key infonnation 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 HDC/SHIP 20 I 0 Agreement Homebuyer Education & Counseling Page 3 of 22 Agenda Item No. 16D11 December 14, 2010 Page 6 of 24 SPONSOR is determined. I. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill In timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to tenninate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINA TION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, temlinate 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. 3. TERMINATION DUE TO CESSATION In the event the State Housing Initiatives Partnership Program is suspended or tenninated, this Agreement shall be suspended or terminated effective on the date that Florida Housing Finance Corporation specifies. G. INSURANCE SPONSOR shal! obtain and carry, at all times during its perfonnance under this Agreement, insurance of the types and in the amounts described herein and further set forth in Exhibit "B". H. SPONSOR LIABILITY OBLIGA nON 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 thc 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 rcquircments 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 REQUIREMENTS A. DOCUMENTATION AND RECORDKEEPING I. The SPONSOR shall maintain all records required by the State Housing Initiatives Pal1nership Program and Housing, Human and Veteran Services. HDC/SHIP 2010 Agreement Homebuyer Educalion & Counseling Page 4 0[22 Aqenda Item No. 16D11 , December 14. 2010 Page 7 of 24 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY 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, aod which is required in fulfillment of their obligation regarding the project. The progress reports shaH be submitted on the attached Schedule "0-2". 4. 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 fonn 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 crcation and maintenance of income eligible files on clients served and documentation that all houscholds 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 rcceipt 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 lonn attached as Schedule "0-2" and will be accompanied by a Request for Payment if applicable. The SPONSOR agrees thai 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 HDe/SHiP 20 I 0 Agreement Homcbuycr Education & Counseling Page 5 of 22 Agenda Item No. 16D11 December 14, 2010 Page 8 of 24 Housing Finance Corporation to monitor the SPONSOR on site, Such site visits may be scheduled or unscheduled as detennined 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 tenninate 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 listed on Exhibit "C". D. AUDITS AND INSPECTIONS I. Non-profit organizations that expend $500,000 or more annually in federal or stale awards shall have a single or program-specific audit conducted for that year in accordance with OMS 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 fcderal agcncies 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 OMS A-I33, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by Housing, I-Iuman and Veteran Services to submit "Reduced Scope" audits (e.g., financial audit, perfonnance audits). Thcy 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 rcview 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 OMI3 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 liscal 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 perfonned 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 HDC/SIIIP 2010 Agreement Ilomebuycr Education & Counseling Page 6 of 22 Agenda Item No. 16011 December 14, 2010 Page 9 of 24 twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, 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 Agreem,'llt. 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 programmatie services, as such services are described in this contract and defined by Housing, I-luman and Veteran Services, each of the record-keeping and audit requirements detailed in this contract. Housing, Human and Vcteran 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 tinal 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. IX. OTHER PROGRAM REOUIREMENTS A. PROGRAM BENEFIClABjES 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 j'lousing, Human and Veteran Services, on an annual basis, upon Housing, Human and Veteran Services' request. ilDCISllIP 2010 Agreement Homehuyer Education & Counseling Page 7 of 22 Agenda Item No. 16D11 December 14, 2010 Page 10 of 24 B. EV ALUA T10N 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 l'lousing, Human and Veteran Services to enable l'lousing, Human and Veteran Services to evaluate said progress and to allow for l;ompktiou of reports rt4uired uf Housing, Human and Veleran Services by Florida Housing Finance Corporation. The SPONSOR shall al!ow Housing, Human and Veteran Services to monitor the SPONSOR 011 site. Such site visits may be scheduled or unscheduled as detennined 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 shal! 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 CRIME~ As provided in Section 287.133, Fla. Stal. by entering into this Agreement or performing any work in furtherance hereoC the SPONSOR certifies that it, its all1liates, 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 REOUIREMENTS 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 Urhan Development rules at 24 CFR Part 24, subpart F. HDC/SHIP 20 I 0 Agreement Homebuycr Education & Counseling Page 8 of 22 Agenda Item No 16011 December 14. 2010 Page 11 of 24 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 Paltnership 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 l'lousing 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 Forrn-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 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 celtify and disclose accordingly. X. SEVERABILITY OF PROVISIONS Ifany 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. XI. 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. HDC/SHIP 2010 Agreement Homcbuyer Education & Counseling Page 90f22 Agenda Item No. 16011 December 14. 2010 Page 12 of 24 IN WITNESS WHEREOF, the Sponsor and the County, have each, respectively, by an authorized person or agent, hereunder set their bands and seals on tbis day of , 20_. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Dated: (SEAL) First Wibless Huusing Development Corporation of SW Florida, Inc. ~/J~ 7Q.-h'l nfK:.H Type/print witness name BY~ Ie. U- ,,__r-- Sponsor Si ature Katbv Patterson. Executive Director Type/print Subrecipient name and title ( vv~. _ Y!A~! -~ ~~UurlQ. Type/print witness e Approved 85 to fonn and legal sufficiency: Jenniie;J~~~ Assistant County Attorney HOC/SHIP 2010 Agreemenl Homebuyer Education & COUfl.Seling Page 10 of22 Agenda Item No 16011 December 14. 2010 Page 13 of 24 EXHIBIT "A" SCOPE OF SERVICES HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA (HDC) STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HOMEBUYER EDUCATION AND COUNSELING A. PROJECT SCOPE: On April 24, 2007, the BCC approved the LHAP allocating funding for this initiative. 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), seven- hour Homebuyer Education workshops and provide a minimum of one hundred (l00) 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 Veleran Services is providing Thirty Five Thousand Dollars ($35.000.00) in SHIP funding for the project scope described above. Line Item Description Homebuyer Ed Workshops Ten 7-hour classes at $3,000 per workshop) CDBG Funds $ 30,000.00 Counseling Pre-purchase, Extended Credit, and/or Foreclosure Prevention ($50 per session!1 00) TOTAL SHIP FUNDS $ 5,000.00 $ 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. HDC/SHtP 20 I 0 Agreement Humebuyer Education & Counseling Page II of22 Agenda Item No. 16D11 December 14, 2010 Page 14 of 24 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 712010 0712011 Homebuyer Education Workshops conducted 07/2010 07/2011 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 Payment Schedule Homebuyer Education Upon invoicing of allowable expenses Workshops Homebuyer Education Pre- Upon invoicing of allowable expenses Purchase, Extended Credit and/or Foreclosure Prevention Counseling , ------ , IIDC/SllIP 20 I 0 Agreement Homebuyer Education & Counseling Page 12 of22 Agenda Item No. 16011 December 14, 2010 Page 15 of 24 EXHIBIT "A-I" CHANGE BY LETTER COLLIER COUNTY GOVERNMENT Housing and Human Services Public Services Division Grant Coordinator 3301 E Tamiami Trail Naples, Florida 34112 Phone: (239) 252-4663 Date Kathy Patterson 4779 Enterprise Avenue Naples, Florida 34104 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 by [number of days] calendar days. The new completion date shall be on or before [month and day], [yearl. By extending this contract, the County is not relieving your finn of its obligations to perfonn 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 tenninate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories [professional positioll(s)] [bourly rate(s)] r Draw against Allowance (specify allowance ilem and identify speeific items and quantities) r Other: Scope Clarifications Sincerely, Granl Coordinator cc: Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department HDC/SHIP 2010 Agreement Homcbuyer Education & Counseling Page 13 of22 Agenda Item No. 16011 December 14, 2010 Page 16 of 24 EXHIBIT "B" INSURANCE REOUlREMENTS The SPONSOR shall fumish to Collier County, c/o Housing, Human and Veteran ServicesDepartment, 3301 E. Tamiami Trail, Bldg H Suite 21 I, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I. 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 occurrencc for combined Bodily Injury and Property Damage. DESIGN Sr AGE (IF APPLICABLE) In addition to the insurance required in I -.. 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 perfonned 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 APPJ.lCABLE) In addition to the insurance required in I - 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 lilll 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 APPJ.lCABLE) 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. IIDC/SHIP 20 I 0 Agreement Homebuyer Education & Counseling Page 14 of22 Agenda Item No. 16D11 December 14, 20'\0 Page 17 of 24 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. !lDC/SHIP 2010 Agreement Homebuyer Education & Counseling Page 15 of22 Agenda Item No. 16D11 December 14. 2010 Page 18 of 24 EXHIBIT "e" ADDITIONAL REOUlREMENTS There are no additional requirements. HDClSHIP 20 I 0 Agrct:ment Homebuyer Education & Counseling Page 16 of22 Agenda Item No. 16D11 December 14. 2010 Page 19 of 24 EXHIBIT "D" REQUIRED SUBMITTALS 0-1 D-la 0-2 Request for Payment Release and Affidavit Fonn SHIP Monthly Progress Report HOC/SHIP 20 I 0 Agreement Homebuycr Education & Counseling Page 17 of22 Agenda Item No. 16D11 December 14, 2010 Page 20 of 24 SCHEDULE "0-1" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sponsor Name: The Housing Development Corporation of SW Florida Inc. Sponsor Address: 4779 Enterprise A venue, Naples, Florida 34104 Project Name: Homebuver Education & Counseling Project No: SH I 0-0 1 Payment Request # _ Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 35,000.00 2. 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 A warded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the tenns and conditions of the Agreement between COUNTY and us. as SPONSOR. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor~~. . (approval authority under $14.999) Dept Director (approval required $15,000 and above) HDC/SHIP 2010 Agreement l-Iomcbuyer Education & Counseling Page 18 of22 Agenda Item No. 16011 December 14, 2010 Page 21 of 24 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 (monthlylfinal) Request for Payment. SPONSOR Witness: BY: BY: ITS: DATE: Print name and title STATE OF FLORIDA COUNTY OF COLLIER [ hereby certify that on this day, before me, an ofjicer 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 _____~,2010. day of My Commission Expires: Notary Public's Signature (Seal) Print Name HDC/SHIP 2010 Agreement Homebuycr Educalion & Counseling Page 1901'22 Agenda Item No. 16011 December 14. 2010 Page 22 of 24 SCHEDULE "D-2" MONTHL Y PROGRESS REPORT Completeformfor past month and submit ro Housing, Human and Veteran Sen'ices' stajfby the uP of the following month. Status Report for Month of: Submittal Date: Project Name: Homebuver Education & Counseling Project Number: SH 1 0-0 I Activity Number: N/ A Sponsor: The Housing Development Corporation of SW Florida. Inc. Contact Person: Kathv Patterson. Executive Director Telephone: 239-434-2397 Fax: 239-430-2387 E-mail: cmalone(q)hfhcollieLcoll1 t. Activity Status/Milestones (describe any action taken, relating to this project, during the past month). 2. What events/actions arc schednled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. HDC/SHIP 2010 Agreement llomebuyer Education & Counseling Page 20 of 22 Agenda Item No. 16011 December 14. 2010 Page 23 of 24 New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract FederallD (see definitions (see definitions Number Number on following on following oao.e) oao.e) 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 eiiher 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 ofbelleficiaries in the blank space and ill Box I. '" INCOME Of the households or persons assisted, ______._. are extremely low-income income (0-30%) of the current Median Family Income (MFI). Elller this lIumber in Box "2. '" Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Ellter this number in Box "3. '" Of these households or persons assisted, are low-income (51-80%) of the current Median Family Income (MFI). Elller this number ill Box "4. " NOTE: The IOtal of Boxes 2. 3 and 4 should equal the number in Box I. FEMALE HEAD OF HOUSEHOLD This project assisted __ ___._ Female Head of Households REGARDLESS of income. Ellter this number in box "5'" below. BOX I BOX2 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%) !IDe/SHIP 20 J 0 Agreement Ilomcbuyer Education & Counseling Page 21 of22 Agenda Item No. 16D11 December 14. 2010 Page 24 of 24 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 Ethnicitv 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 ,',ir""'.;;"":{"" "; .' . Race ..# TQtal .... .....' #ffisIJimll1'ik White Black or African American --- Asian American indian or Aiaskan Native Native Hawaiian or Other Pacific Islander American Indian/ Alaska Native and White Asian and White - Black! African American and White American Indian/Alaskan Native lmd Black/African Amcrican Other Multi-Racial L.... TOTAL: , ." ,. "fi'..'" ( HUC/SHIP 20 I 0 Agreement Hornebuyer Education & Counseling Page 22 of 22