Backup Documents 04/23/2013 Item #16D 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 6 0 5 ,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Priscilla Doria Housing, Human &Veteran 7‘.)'0 �/S 3
Services Department l�
2. Jennifer B. White,ACA Office located in HHVS
--.7.VEAJJ .4\?_.i.V7
3. BCC Board of County GEI. V tY
Commissioners ��S 4c\acc\
4. Minutes and Records Clerk of Courts Office p Lt(26(3
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Priscilla Doria,Housing,Human & Phone Number 252-5312
Contact/ Department Veteran Services /
Agenda Date Item was April 23,2013 ✓ Agenda Item Number 16.D.5
Approved by the BCC
Type of Document (1)Resolution,(1)Certification,(2) Number of Original 4
Attached Original Inter-local AgreementsZOl ,— f Documents Attached
PO number or account `
number if document is 19\ -1,--5/-r S -(049 0�- .v.-z , 1 4-� cex ,t, cam„`,,,,A,
to be recorded \
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature? 1)..D
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet. J\)/j}
3. Original document has been signed/initialed for legal sufficiency. (All documents to be 42.40 signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the /J /�
document or the final negotiated contract date whichever is applicable. f�
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's / �J
signature and initials are required. _ _
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. , ) /�
Some documents are time sensitive and require forward' g to Tallahassee within a certain l�
time frame or the BCC's actions are nullified. Be awof your deadlines!
8. The document was approved by the BCC on 4/23 013 and all changes made during ;`fi }
the meeting have been incorporated in the attached document. The County IO :€., =:, t,, ,
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for t e
Chairman's signature. ��• _<<`'°`�
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irReSC L4lcm L54S Y�V13**0 cowz . S e :� n.e..horre_ "411 r---\ L3Skh ‘-\"3""'" -
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11730/`12`
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1605
MEMORANDUM
Date: April 29, 2013
To: Priscilla Doria, Grants Coordinator
Housing, Human & Veteran Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: 1 - Certified Resolution 2013-94
1 - Certification to Florida Housing Finance Corp.
1 - Collier County/City of Naples Interlocal Agmt. (original/not
recorded)
Attached for your records is a copy each document referenced above, (Item #16D5)
adopted by the Board of County Commissioners on Tuesday, April 23, 2013.
The original ordinance will be held on file in the Minutes and Records Department
for the Board's Official Record. If you require a certified copy of the recorded
Interlocal Agreement let me know and we can get that for you once it's placed on
the Clerk's website.
If you have any questions, please call 252-7240.
Thank you
Attachment
160 5 ',
RESOLUTION No. 2013- 9 4
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE 2013-2016 LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2013-2014, 2014-2015
AND 2015-2016 AS REQUIRED BY THE STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM ACT,SUBSECTIONS 420.907-420.9079,FLORIDA
STATUTES AND CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE;
AUTHORIZING AND DIRECTING THE CHAIRMAN TO EXECUTE ANY
REQUIRED DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE;
AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE
PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING
FINANCE CORPORATION;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the State of Florida enacted the William E.Sadowski Affordable Housing Act,Chapter 92-317 of
Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the
development and maintenance of affordable housing; and
WHEREAS,the State Housing Initiatives Partnership(SHIP)Act, Subsections 420.907-420.9079, Florida
Statutes,and Chapter 67-37,Florida Administrative Code, requires local governments to develop a one-to three-year
Local Housing Assistance Plan outlining how funds will be used; and
WHEREAS,the SHIP Act requires local governments to establish the maximum SHIP funds allowable for
each strategy; and
WHEREAS,the SHIP Act further requires local governments to establish an average area purchase price for
new and existing housing benefiting from awards made pursuant to the SHIP Act; The methodology and purchase
prices used are defined in the attached Local Housing Assistance Plan; and
WHEREAS, Section 420.9075(7), Florida Statutes, allows a county to exceed the 5-percent limitation on
administrative costs, if its governing body finds,by resolution,that 5 percent of the local housing distribution plus 5
percent of program income is insufficient to adequately pay the necessary costs of administering the local housing
assistance plan.
WHEREAS,the Housing,Human and Veteran Services Department has prepared a 2013-2016 Local Housing
Assistance Plan for submission to the Florida Housing Finance Corporation containing administrative costs that exceed
the 5-percent limitation; and
160
WHEREAS,the Board of County Commissioners finds that it is in the best interest of the citizens of Collier
County for it to submit the Local Housing Assistance Plan for review and approval so as to qualify for said
documentary stamp tax funds with administrative costs paid from moneys deposited into the local housing assistance
trust fund.
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA that:
Section 1: 5 percent of the local housing distribution plus 5 percent of program income is insufficient to
adequately pay the necessary costs of administering the local housing assistance plan.
Section 2: The 2013-2016 Local Housing Assistance Plan for fiscal years 2014,2015 and 2016,as attached and
incorporated hereto as required by Subsections 420.907-420.9079,Florida Statutes, is approved for
submission to the Florida Housing Finance Corporation.
Section 3: The Chairwoman is hereby designated and authorized to execute any documents and certifications
required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan,
and the Director of Housing, Human and Veteran Services, as the Program Administrator is
designated and authorized to do all things necessary and proper to carry out the term and conditions of
said Plan.
Section 4: This resolution shall take effect immediately upon its adoption.
This Resolution adopted this.z.3>-c\ day of NY- l , 2013, after motion second and majority in
favor of passage 2,3 A c,
ATTEST BOARD rr F 0 TY C a MMISSIONERS
DWIGTE.BROCK,�L�ERI�.." OF CO LIE'1 •• T ,FLORIDA
By. ' I� l;� B
• -, •
Attest as �.1811 to C +� RGIA A. HILLER, ESQ.
sr< CHAIRWOMAN
signature only,.
Approval for form and legal Sufficiency:
Jennifer B. White
Assistant County Attorney a-�a���
3
1605
LHAP Exhibit D 2013
67-37.005(1), F.A.C.
•
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: Collier County
(1) The local government will advertise the availability of SHIP funds, if available, pursuant to
Florida Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
assistance.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if, at any time, the local
government (or interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24
months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan,or that an amendment to the
Local Government Comprehensive Plan will be initiated at the next available opportunity to
insure conformance with the Local Housing Assistance Plan.
(9) Amendments and Technical Revisions to the approved Local Housing Assistance Plan shall be
provided to the Corporation within 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities as program income.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by
law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the
local governments audited financial statements, copies of the audits will be forwarded to the
Corporation by June 30 of each calendar year.
16D 5
LHAP Exhibit D 2013
67-37.005(1), F.A.C.
•
(13) An interlocal entity shall have its local housing assistance trust fund separately audited for each
state fiscal year, and the audit forwarded to the Corporation by June 30.
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC
requirements. Similarly,any units receiving assistance from other federal programs shall comply
with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental units constructed or rehabilitated with SHIP funds shall be monitored annually for 15
years for compliance with tenant income requirements and affordability requirements or as
required in Section 420.9075 (3)(e), Florida Statutes.
(18) The Plan meets the requirements of Sections 420.907-420.9079 Florida Statutes, and Chapter
67-37 FAC, and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida have not been implemented.
(except for Miami Dade County)
...
ATTEST: BOARD OF COUNTY C I MMISSIONERS
DWIGHT E BROCK, CLERK OF CO s IER OUNT , FLORIDA
..4&. v By:
A St as to aliCtl EUTY C, =' ��' t"A A HILLER, ESQ.
signature only. AIRWOMAN oq A a3/ ,3
Approval as to form and legal Sufficiency:
Jennifer B. White 3 at) 3
Assistant County Attorney
2
160 5 1
COLLIER COUNTY/CITY OF NAPLES
INTERLOCAL AGREEMENT
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
THIS INTERLOCAL AGREEMENT (the "Agreement") made and entered into this
.�C
a3 da y of ;/ , 2013, by and between Collier County, a political subdivision of
the State of Florida, acting by and through its Board of County Commissioners, and the City of
Naples, a municipal corporation created and existing under the laws of the State of Florida,
acting by and through its City Council.
WITNESSETH:
WHEREAS, Section 420.9072, et seq., Florida Statutes (the "State Housing
Initiatives Partnership Program" ("SHIP"), authorizes monies in the Local Government
Housing Trust Fund (the "Fund") to be distributed to approved counties and eligible
municipalities within the county pursuant to an Interlocal Agreement; and
WHEREAS, Collier County is an approved county and the City of Naples is an
eligible municipality within Collier County; and
WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this
Agreement; and
WHEREAS, the parties have determined that SHIP funds can be more efficiently
utilized and managed when the parties work cooperatively to address the community's
affordable housing needs.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
parties agree as follows:
1. The County and City do hereby agree that the SHIP Program funds as allocated
in Section 420.9073, Florida Statutes, are to be distributed to Collier County to administer in
conformity with the mutually approved Local Housing Assistance Plan.
1
160 5
2. Unless earlier terminated pursuant to other provisions of this Interlocal
Agreement, the term of this Agreement shall run concurrent with the three-year Local Housing
Assistance Plan (the "LHAP") which expires June 30, 2016 and will be automatically renewed
with adoption of subsequent LHAPs.
3. The County and City direct the Florida Housing Finance Corporation (the
"Corporation") to distribute and allocate the SHIP Program funds in accordance with this
Agreement and authorize the Corporation to rely on their stated intent and their authority to
execute this Agreement.
4. The SHIP Program funds so distributed will be deposited in a single depository
trust fund account created and managed by Collier County, Finance Division of the Office of the
Clerk of the Circuit Court. This account shall be known as the Collier County Local Housing
Trust Fund (hereinafter referred to as"Local Fund"), to which SHIP funds are distributed by the
Corporation. The Corporation will be notified of any change in the Local Fund status and the
parties agree to have such Local Fund audited annually as required by Chapter 420, Florida
Statutes and Chapter 67-37, Florida Administrative Code. Since all distributions from the Local
Fund shall be processed by Collier County, parties hereto agree that the Comprehensive Single
Entity Audit of the accounts and records of the County with respect to SHIP revenues and
expenditures shall constitute the audit for the Interlocal Entity as described in the SHIP
Regulations. The parties hereto agree that the Local Fund may be allocated a pro-rata cost of the
independent audit by the County.
5. During the term of this Agreement, both parties agree that they will not do
anything to jeopardize the other party's right to receive its allocation from the Local Fund.
6. Membership to the Affordable Housing Advisory Committee shall be jointly
appointed by Resolution of both the County and City to triennially prepare a joint Local
Housing Incentive Plan as required by Chapter 420.9076, Florida Statutes.
7. The parties to this Agreement have adopted incentives from the Affordable
Housing Incentive Plan as prepared and submitted by the joint Affordable Housing Advisory
Committee, amending the Local Housing Assistance Plan accordingly. Both parties understand
that Chapter 420, Florida Statutes requires continuing monitoring and implementation of the
Affordable Housing Incentive Plan for the purpose of enhancing and providing affordable
2
160 5 '
housing and agree to cooperate in ensuring that the requirements and spirit of the Chapter 420,
Florida Statutes is satisfied.
8. Neither party shall use any revenues distributed and allocated for purposes other
than those authorized by Section 420.907 et seq., Florida Statutes, or Chapter 67-37, Florida
Administrative Code.
9. During the term of this Agreement, any party may give the other party ninety
(90) days written notice that it wishes to renegotiate the terms of this Agreement, to be effective
on the first day of the next fiscal year. If the parties fail to reach a new agreement prior to the
commencement of the next fiscal year, this Agreement shall terminate and be of no further force
or effect, and the funds shall he allocated according to population pursuant to Section 420.9072
and Section 420.9073, Florida Statutes.
10. If either party shall cease to be eligible for allocation and distribution, such
party's allocation of the funds shall remain in the Local Fund to be used by the Corporation.
Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement
same, and that the Chapter 420, Florida Statutes and Chapter 67-37, Florida Administrative
Code are incorporated herein as if they were restated.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials.
Vic &' )
ATrES-i ,•••"".••., ^., BOARD OF COUNTY OMMISSIONERS
DWIGLT;,E,BROCK, thERK OF CI E' COUN 'Y, FLORIDA
• W 'j
A est as to.Cilairman . •- ' er eii� .. Wier, Esq.
signature only..`
1 ,d Lb.irwoman DVia34,d/3
Approved as to form and
legal sufficiency:
Jenni er B. White
Assistant County Attorney
3
S
16135
ATTEST: CITY OF NAPLES, a Municipal
Corporation
By: l G '
Patricia L. Rambosk, City Clerk n F. Sorey III, Mayor
Approved as to form and
legal sufficiency:
Vc-14— T), ri.- .‘
Robert D. Pritt, City Attorney
4
16fl 51
COLLIER COUNTY/CITY OF NAPLES
INTERLOCAL AGREEMENT
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
THIS INTERLOCAL AGREEMENT (the "Agreement") made and entered into this
a73'4day of 4r; / , 2013, by and between Collier County, a political subdivision of
the State of Florida, acting by and through its Board of County Commissioners, and the City of
Naples, a municipal corporation created and existing under the laws of the State of Florida,
acting by and through its City Council.
WITNESSETH:
WHEREAS, Section 420.9072, et seq., Florida Statutes (the "State Housing
Initiatives Partnership Program" ("SHIP"), authorizes monies in the Local Government
Housing Trust Fund (the "Fund") to be distributed to approved counties and eligible
municipalities within the county pursuant to an Interlocal Agreement; and
WHEREAS, Collier County is an approved county and the City of Naples is an
eligible municipality within Collier County; and
WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this
Agreement; and
WHEREAS, the parties have determined that SHIP funds can be more efficiently
utilized and managed when the parties work cooperatively to address the community's
affordable housing needs.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
parties agree as follows:
1. The County and City do hereby agree that the SHIP Program funds as allocated
in Section 420.9073, Florida Statutes, are to be distributed to Collier County to administer in
conformity with the mutually approved Local Housing Assistance Plan.
INSTR 4832229 OR 4914 PG 1913 1
RECORDED 5/1/2013 1:05 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50 Cq
16.fl
51
2. Unless earlier terminated pursuant to other provisions of this Interlocal
Agreement, the term of this Agreement shall run concurrent with the three-year Local Housing
Assistance Plan (the "LHAP") which expires June 30, 2016 and will be automatically renewed
with adoption of subsequent LHAPs.
3. The County and City direct the Florida Housing Finance Corporation (the
"Corporation") to distribute and allocate the SHIP Program funds in accordance with this
Agreement and authorize the Corporation to rely on their stated intent and their authority to
execute this Agreement.
4. The SHIP Program funds so distributed will be deposited in a single depository
trust fund account created and managed by Collier County, Finance Division of the Office of the
Clerk of the Circuit Court. This account shall be known as the Collier County Local Housing
Trust Fund (hereinafter referred to as "Local Fund"), to which SHIP funds are distributed by the
Corporation. The Corporation will be notified of any change in the Local Fund status and the
parties agree to have such Local Fund audited annually as required by Chapter 420, Florida
Statutes and Chapter 67-37, Florida Administrative Code. Since all distributions from the Local
Fund shall be processed by Collier County, parties hereto agree that the Comprehensive Single
Entity Audit of the accounts and records of the County with respect to SHIP revenues and
expenditures shall constitute the audit for the Interlocal Entity as described in the SHIP
Regulations. The parties hereto agree that the Local Fund may be allocated a pro-rata cost of the
independent audit by the County.
5. During the term of this Agreement, both parties agree that they will not do
anything to jeopardize the other party's right to receive its allocation from the Local Fund.
6. Membership to the Affordable Housing Advisory Committee shall be jointly
appointed by Resolution of both the County and City to triennially prepare a joint Local
Housing Incentive Plan as required by Chapter 420.9076, Florida Statutes.
7. The parties to this Agreement have adopted incentives from the Affordable
Housing Incentive Plan as prepared and submitted by the joint Affordable Housing Advisory
Committee, amending the Local Housing Assistance Plan accordingly. Both parties understand
that Chapter 420, Florida Statutes requires continuing monitoring and implementation of the
Affordable Housing Incentive Plan for the purpose of enhancing and providing affordable
2
1 !6D ,
5 �
housing and agree to cooperate in ensuring that the requirements and spirit of the Chapter 420,
Florida Statutes is satisfied.
S. Neither party shall use any revenues distributed and allocated for purposes other
than those authorized by Section 420.907 et seq., Florida Statutes, or Chapter 67-37, Florida
Administrative Code.
9. During the term of this Agreement, any party may give the other party ninety
(90) days written notice that it wishes to renegotiate the terms of this Agreement, to be effective
on the first day of the next fiscal year. If the parties fail to reach a new agreement prior to the
commencement of the next fiscal year, this Agreement shall terminate and be of no further force
or effect, and the funds shall he allocated according to population pursuant to Section 420.9072
and Section 420.9073, Florida Statutes.
10. If either party shall cease to be eligible for allocation and distribution, such
party's allocation of the funds shall remain in the Local Fund to be used by the Corporation.
Both parties acknowledge the SI-IIP enabling legislation, the rules promulgated to implement
same, and that the Chapter 420, Florida Statutes and Chapter 67-37, Florida Administrative
Code are incorporated herein as if they were restated.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials.
„-
1 E T - b BOARD OF C•LINTY CO) MISSIONERS
`. Arwipw E ,'t •CK, CLERK OF CO LIER CO TY LORIDA
,° .4 ' t- .
I` ..
I
' == 1 ill
A 5tas leta1 t.n5 ►�e Clerk G or.i+A. I-filler, Esq.
@ � � . i Ch . woman DV/07 3 �O/
stana.ur y / 3
Approved as to form and
legal sufficiency:
1-013 `''''— ., y\yam,\
Jennifer B. White
Assistant County Attorney `1 --,4
3
160 5I
ATTEST: CITY OF NAPLES, a Municipal
Corporation
r, d {. :
ter■j� • �(/^�
.~° / _y_ �. ���'���L ./,,. ,/ By
tfici 'sk' i Clerk ohn F. Sorey II,t or
t 1 ,� Y,. Y Y
ftfr 4,6
Approved as to form and
legal sufficiency:
Vel,,S— 10.11,0—
Robert D. Pritt, City Attorney
4
CAo