Agenda 10/28/2008 Item #16D21
Agenda Item No. 16021
October 28,2008
Page 1 of 22
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign a subrecipient agreement providing for a $28,000.00 State Housing
Initiatives Program (SHIP) grant to The Empowerment Alliance Corporation of SW Florida
(EASF), to provide Homebuyer Education Counseling and Foreclosure Prevention
Counseling to benefit persons earning less than 120% of Family Median Income of Collier
County.
OBJECTIVE: To provide a State Housing Initiatives Program (SHIP) grant in the amount of
$28,000.00 to The Empowerment Alliance Corporation of SW Florida (EASF) for the purpose of
providing Homebuyer Education Counseling and Foreclosure Prevention Counseling to benefit
low and moderate income individuals.
CONSIDERA TIONS: The Collier County Housing and Human Services Department proposes
to provide $28,000.00 from State Housing Initiatives Program (SHIP) funds for a grant to The
Empowerment Alliance Corporation of SW Florida (EASF). This grant will fund a Homebuyer
Education Counseling and Foreclosure Prevention Counseling program. This SHIP grant will
educate approximately 150 people on homebuyer education and financial counseling. EASF will
assist clients in homebuyer education, credit counseling, and foreclosure prevention counseling.
EASF will assist clients in developing personal budgets and will assist them in working with
their lender.
On April 24, 2007, the Board of County Commissioners adopted Resolution No. 2007-96
approving a revision to the three year LHAP adding new definitions and new strategies outlining
the intended use of SHIP funds for fiscal years 2007-2008, 2008-2009 and 2009-2010. The
LHAP provided a summary of the projects to be funded. The project included in this agreement
was approved as part of the State FY 2008-2009 LHAP.
FISCAL IMPACT: Approval of this agreement will provide a SHIP grant in the amount of
$28,000.00 to EASF. No general funds are being utilized in this SHIP project.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and is legally sufficient for Board action. CMG
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairman to sign a subrecipient agreement providing for a $28,000.00 SHIP grant to The
Empowerment Alliance Corporation of SW Florida (EASF).
Prepared by: Rosa Munoz, Grants Coordinator
Housing and Human Services Depmiment
Page I of2
Agenda Item No. 16021
October 28, 2008
Page 2 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D21
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign a subreciplent agreement providing for a $28,000.00 State Housing
Initiatives Program (SHIP) grant to The Empowerment Alliance Corporation of SW Florida
(EASF), to prOVide Homebuyer Education Counseling and Foreclosure Prevention
Counseling to benefit persons earning less than 120% of Family Median income of Collier
County
Meeting Date:
10/28/2008900:00 AM
Prepared By
Rosa Muoz
Grants Management Coordinator
Date
Community Development &
Environmental Services
Financial Admin, & Housing
10/13/20084:49:01 PM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purcllasing
1011412008 11 :09 AM
Approved By
Maria Ramsey
Public Services ft,dministrator
Date
Public Services
Pubric Services Admin.
10114120081:19 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/14/2008 1 :48 PM
Approved By
Steve Carnell
Purchasing/Genera! Svcs Director
Date
Administrative Services
Purchasing
10/14/20084:57 PM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
10/~5i2008 12:00 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Techno!ogy
10116/20089:02 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/16/20084:24 PM
Approved By
file:IIC:\AgendaTest\Export\ 115-0ctober%2028,%202008\] 6.%20CONSENT%20AGEN...
10/22/2008
Page 20f2
Agenda Item No. 16021
October 28, 2008
Page 3 of 22
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/21/20081:24 PM
file://C:\AgendaTest\Export\ 1 I 5-0ctober%2028.%202008\16.%20CONSENT%20AGEN... 10/22/2008
Agenda Item No. 16021
October 28,2008
Page 4 of 22
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE EMPOWERMENT ALLIANCE OF SW FLORIDA
COMMUNITY DEVELOPMENT CORPORATION (EASF)
SHIP HOME BUYER EDUCATION AND COUNSELING
CSFA #52.901
This Agreement entered into this _ day of ,2008, by and between Collier County, a
political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and The Empowerment
Alliance of SW Florida (EASF), a private not-for-profit corporation, existing under the laws of the State of
Florida, having its principal office at 750 South Fifth Street, Immokalee, Flolida 34142, and its Federal Tax
Identification number as 59-3682139, hereinafter refen-ed to as "SPONSOR".
WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership (SHIP) Program; and
WHEREAS, pursuant to the SHIP Progranl, the COUNTY is undeliaking certain activities to primarily
benefit persons earning less than 120% of Family Median Income; and
WHEREAS, the Local Housing Assistance Plan (LHAP) Fiscal Year 2005-2007 was adopted on Aplil 27,
2004, in Collier County Resolution Number 2004-155; and
WHEREAS, through Resolution No. 2007-96 the Board of County Commissioners adopted a revision to the
three year LHAP adding new definitions and new strategies outlining the intended use of SHIP funds for fiscal
years 2007-2008, 2008-2009 and 2009-2010; and
WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in Exhibit "A" of this
Agreement, in accord with the approved Local Housing Assistance Plan (LHAP); and
WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undcrtakings of the State
Housing Initiatives Partnership (SHIP) Program as valid and worthwhile County purposes.
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 1 of 19
Agenda Item No. 16021
October 28, 2008
Page 5 of 22
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
1. DEFINITIONS
( 1.)
(2.)
(3.)
(4.)
(5.)
(6.)
(7.)
(8.)
(9.)
"COUNTY" means Collier County, and where applicable, it's authorized representative(s).
"SHIP" means the State Housing Initiatives Partnership Program.
"HHS" means the Housing and Human Services Department of Collier County.
"SPONSOR" means the Empowerment Alliance Corporation of SW Florida (EASF).
"HHS Approval" means the written approval of Housing & Human Services or designee.
"HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
"FHFC" means the Florida Housing Finance Corp.
"Low and very low income persons" means the definition set by HUD.
"Project" means the work contcmplated to be performed as set forth in Exhibit "A".
II. SCOPE OF SERVICES
The SPONSOR shall, in a satisfactory and proper mmmer, as determined by HHS, perfonn the tasks necessary
to conduct the program outlined in Exhibit "A", and shall submit each request for reimbursement of funds
using Exhibit "B" along with the monthly and annual submission of Exhibit "E", all of which are attached
hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of the agreement between Collier County and the grant agency is July 1, 2008, and the
services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. In
any event, all services required hereunder shall be completed by the SPONSOR prior to September 30, 2009.
Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY,
as set forth in Part VIII (F) (5), and Part VIII (H) below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SPONSOR shall be reimbursed by the COUNTY using SHIP funding for allowable costs, detelmined by
COlJNTY, in an amount not to exceed TWENTY EIGHT THOUSAND and 00/100 DOLLARS (U.S.
$28,(00) for the services described in Exhibit itA. It
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SPONSOR
when delivered to its office at the address listed on page one (1) of this Agreement.
Page 2 of 19
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Agenda Item No. 16021
October 28, 2008
Page 6 of 22
VI. SPECIAL CONDITIONS
The SPONSOR agrees to comply with the requirements of the SHIP Program as described in the Florida
Statute 420.907-420.9079 and Chapter 67.37 of the Florida Administration Code. The SPONSOR further
agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise
available for specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENT A TION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The SPONSOR shall implement this Agreement in accordance with applicable Federal, State,
and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and
Procedures memoranda. The Federal, State, and County laws, ordinances and codes are
minimal regulations supplemented by more restrictive guidelines set forth by HHS. No
payments will be made until approved by HHS or designee.
Should a project receive additional funding after the commcnccmcnt of this Agreement, the
SPONSOR shall notify HHS in writing within thirty (30) days of receiving notification from
the funding source and submit a cost allocation plan for approval by HHS or designee within
forty-five (45) days of said official notification.
B. SUBCONTRACTS
Any work or services subcontracted by the SPONSOR shall be specifically by written contract
or 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 HHS for its review and approval, which will specifically include a detennination
of compliance with the tenns of the attached Work Program set fOlih in Exhibit "A."
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the
COUNTY without prior written approval ofHHS or his designee.
C. AMENDMENTS
This Agreement, along with all exhibits and attachments which are hereby incorporated as a
part of this Agreement, may not be modified, amended, or extended orally. The County may,
at its discretion, amend this Agreement to conform to changes required by State, or County
guidelines, directives, and objectives. Such amendments shall be incorporated by written
amendment as a pa11 of this Agreement and shall be subject to approval of the County.
This Agreement may be amended only by written agreement executed by the governing boards
of both parties, except that County representative may approve adjustments between line item
amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that
do not change the project, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 3 of 19
Aaenda Item No. 16021
~ October 28,2008
Page 7 of 22
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 peIiain to any incident an sing from the sole
negligence of Collier County. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
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 HHS in all publications and publicity. In addition, the SPONSOR will make a
good faith effort to recognize HHS' support for all activities made possible with funds made
available under this Agreement. The SPONSOR will mount a temporary construction sign for
projects funded by HHS. 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'X 8' plywood back panel and other
conventional construction materials and methods.
F. TERMINATION
In event of telmination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SPONSOR with funds under this Agreement shall be returned to
HHS or the COUNTY. In the event of termination, the SPONSOR shall not be relieved of
liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of thc
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.
1. TERMINATION FOR CAUSE
If through any cause either paliy shall fail to fulfill in timely and proper maImer its obligations
under this Agreement, or if either paliy 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 telmination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the tenn of this Agreement, either pmiy 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 tennination.
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 4 of 19
Agenda Item No. 16021
October 28,2008
Page 8 of 22
3. TERMINATION DUE TO CESSATION
In the event the State Housing Initiatives Partnership Program is suspended or terminated, this
Agreement shall be suspended or terminated effective on the date that SHIP specifies.
G. INSURANCE
SPONSOR shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Exhibit D to this Agreement.
H. SPONSOR LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve the SPONSOR of its
liability and obligation under this subsection or under any subsection of this contract. The
contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days
after the Board of County Commissioners' approval. If the Insurance certificate is received
within the specified period, but not in the manner prescribed in these requirements, the
SPONSOR shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected 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. ADMINISTRA TIVE REQUIREMENTS
A. DOCUMENTATION AND RECORD - KEEPING
1. The SPONSOR shall maintain all rccords rcquired by the SHIP Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SPONSOR for the purpose of this
Agreement shall be made available to the COUNTY by the SPONSOR at any time upon
request by the COUNTY or HHS. Upon completion of all work contemplated under this
Agreement copies of all documents and records relating to this Agreement shall be
surrendered to HHS if requested. In any event the SPONSOR shall keep all documents
and records for three (3) years after expiration of this A.6T}"eement.
3. SPONSOR shall submit monthly beneficiary repOlis to HHS using Exhibit "E".
4. Indirect Costs: If indirect costs are charged, the SPONSOR will develop an indirect
cost allocation plan for detennining 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.
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 5 of 19
Agenda Item No. 16D21
October 28, 2008
Page 9 of 22
B. REPORTS, AUDITS, AND EVALUATIONS
Advance payments and/or reimbursement will be contingent on the timely receipt of complete
and accurate reports required by this Agreement, and on the resolution of monitoring or audit
findings identified pursuant to this Agreement.
C. ADDITIONAL HHS. COUNTY, AND SHIP REQUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the
SPONSOR complies with any additional conditions that may be imposed by HHS, the
COUNTY, or SHIP at any time. Additional requirements are listed on Exhibit C.
D. AUDITS AND INSPECTIONS
1. Non-profit organizations that expend $500,000 or more annually in federal or state awards shall
have a single or program-specific audit conducted for that year in accordance with OMB A-
133. Non-profit organizations expending federal or state awards of $500,000 or more under
only one federal or state progran1 may elect to have a program-specific audit perfonned in
accordance with OMB A-133. SPONSOR's 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-I33, although their
records must be available for review (e.g., inspections, evaluations). These agencies are
required by HHS to submit "Reduced Scope" audits (e,g., financial audit, performance audits).
They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for
each federal award in accordance with federal laws and regulations governing the program in
which they pmticipate, Records must be available for review or audit by approptiate officials
of federal and County agencies.
3. When the requirements of OMB A-I33 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 shaIl include a
fiscal review, which includes a validation of all program-generated income and its disposition,
especially attributable to SHIP funds, an intcmal control review, and a compliance review as
desclibed in OMB A-I33. A copy of the audit report in triplicate must be received by HHS no
later than six months following the end of the SPONSOR's fiscal year.
4. If an audit is required by Section D of this contract, but the requirements of OMB A-133 or
SHIP do not apply or are not elected, the SPONSOR may choose to have an audit perfOlmed
either on the basis of the SPONSOR's fiscal year or on the basis of the period during which
HHS federal or state assistance has been received. In either case, each audit shall cover a time
period of not more than twelve months and an audit shall be submitted covering each assisted
period until all the assistance received from this contract has been reported. Each audit shall
adhere to all other audit standards of OMB A-133, as these may be limited to cover only those
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 6 of 19
Agenda Item No. 16021
October 28,2008
Page 10 of 22
services undertaken pursuant to the tenus of this contract. A copy of the audit report in
triplicate must be received by HHS no later than six months following each audit period.
5. The SPONSOR shall maintain all contract records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by the County pursuant to
the terms of this contract.
6. The SPONSOR shall maintain all contract records that document all actions undeIiaken to
accomplish the "Scope of Services" outlined in Exhibit A in this contract.
7. The SPONSOR shall ensure that the contract records shall be, at all times, subject to and
available for full access and review, inspection, or audit by County and federal or state
personnel and any other persOlmel duly authorized by the County.
8. The SPONSOR shall include in all HHS approved subcontracts used to engage subcontractors
to carry out any eligible substantive programmatic services, as such services are described in
this contract and defined by HHS, each of the record-keeping and audit requirements detailed
in this contract. HHS shall, in its sole discretion, determine when services are eligible
substantive programmatic services and subject to the audit and record-keeping requirements
described above.
E. GRANT CLOSEOUT PROCEDURES
SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities 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 detem1ining the custodianship of records.
IX. OTHER PROGRAM REQUIREMENTS
A. PROGRAM BENEFICIARIES
One hundred percent (100%) of the beneficiaries of the project funded through this Agreement
must be persons earning less than 120% of the Median Family Income. The project funded
under this Agreement shall assist beneficiaries for the term of the assistance, as designated in
Exhibit A of this Agreement. The SPONSOR shall provide wIitten verification of compliance
to HHS, on an annual basis, upon HHS's request.
B. EV ALUA TION AND MONITORING
The SPONSOR a!:,Tfees that HHS will carry out periodic monitoring and evaluation activities as
determined necessary by HHS or the COUNTY and that the continuation of this Agreement is
dependent upon satisfactory evaluation conclusions based on the telms of this Agreement,
comparisons of planned versus actual progress relating to project scheduling, budgets, audit
reports, and output measures. The SPONSOR agrees to fumish upon request to HHS, the
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 7 of 19
Agenda Item No. 16021
October 28, 2008
Page 11 of 22
COUNTY or the COUNTY's designees and make copies or transcriptions of such records and
information, as is determined necessary by HHS or the COUNTY. The SPONSOR shall, upor
the request of HHS, submit information and status reports required by HHS, or the COUNTY
on forms approved by HHS to enable HHS to evaluate said progress and to allow for
completion of reports required of HHS by SHIP, The SPONSOR shall allow HHS to monitor
the SPONSOR on site. Such site visits may be scheduled or unscheduled as deteImined by
HHS and the Florida Housing Finance Corporation.
C. CONFLICT OF INTEREST
The SPONSOR covenants that no person who presently exercises any functions or
responsibilities in cOlmection 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 HHS
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 patiicipation of low and very 10w-income residents of the project target
area.
D. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. Stat. by entering into this Agreement or perfOlming any
work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perfOlm hereunder, have not been placcd 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), Fla. Stat.
E. DRUG-FREE WORKPLACE REQUIREMENTS
The SPONSOR, as a condition of being awarded, must celiify that they will provide drug-free
workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.c. 701) and with
HUD's rules at 24 CFR Part 24, subpati F.
F. CERTIFICATION REGARDING LOBBYING
The undersigned ceIiifies, to the best of his or her knowledge and belief, that:
1. No SHIP/STATE appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any
SHIP/STATE contract, the making of any SHIP/STATE grant, the making of any
SHIP/STATE loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any SHIP /ST ATE contract, grant,
loan, or cooperative agreement.
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 8 of 19
Agenda Item No. 16021
October 28,2008
Page 12 of 22
2. If any funds other than SHIP/STATE appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this SHIP/STATE contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this ceItification 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 Dot be
affected thereby if such remainder would then continue to confonn to the terms and requirements of
applicable law.
XI. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of nineteen (19) enumerated pages, which include the exhibits referenced
herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an Oliginal, 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 hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and arc no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 9 of 19
Agenda Item No. 16021
October 28,2008
Page 13 of 22
IN WITNESS WHEREOF, the Sponsor and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on this October 28, 2008.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLillR COUNTY, FLORIDA
By:
By:
Tom Henning, Chairman
Dated:
(SEAL)
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EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 10 of 19
Agenda Item No. 16021
October 28,2008
Page 14 of 22
EXHIBIT "A"
SCOPE OF SERVICES
EMPOWERMENT ALLIANCE OF SW FLORIDA (EASF)
SHIP
HOMEBUYER EDUCATION AND COUNSELING
1. THE SPONSOR AGREES TO:
A. PROJECT SCOPE:
This project will provide homebuyer education workshops and one-to-one homebuyer counseling for
individuals and families seeking to purchase a home, or who already own a home and are concerned
about foreclosure or predatory lending practices. This State Housing Initiatives Program (SHIP) grant
in the amount of TWENTY EIGHT THOUSAND DOLLARS ($28, 000) will assist the Empow@Iment
Alliance Corporation of SW Florida (EASF) to provide homebuyer education, credit counseling,
foreclosure counseling, and developing personal budgets and will assist participants in working with
their lender. EASF has previously offered this program to clients.
The SPONSOR agrees to complete the following:
a. Provide proof of being or becoming a HUD Certified Counseling Agency.
b. Class evaluation summary must be submitted to HHS with a monthly monitoring report.
c. Conduct Part I and Pmi II Intro to Home Ownership workshops. Part I will be offered monthly
and approximately II times during the year. Part II will be offered bi-monthly, approximately
five times during the year. The classes will be conducted in various locations in Eastern CoJ[ier
County including Immokalee, and the Collier County Extension office in Naples.
d. Conduct one on one counseling sessions with approximately 70 individuals.
e. Reach approximately 150 attendees per year.
f. Provide post home purchase follow-up counseling.
The SPONSOR will be responsible for providing supporting documentation for services when a
request for payment is made to HHS. The SPONSOR further agrees that HHS, in consultation with
any patiies HHS deems necessary, shall be the final arbiter on the SPONSOR's compliance with the
above.
B.
BUDGET:
Line Item:
SHIP Funds
Homebuyer Ed Classes
($1,500 per Classll6)
Individual Counseling Sessions
($50 per session/70)
Training for EASF
Executive Director
TOTAL SHIP FUNDS
$24,000.00
$ 3,500.00
$ 500.00
$28, 000.00
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 11 of 19
Agenda Item No. 16021
October 28.2008
Page 15 of 22
Exhibit A, Continued
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.
C. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
D. FORMER PROJECTS: Failure to adequately maintain any fonner CDBGIHOME/SHIP funded
projects may result in the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG/HOME/SHIP funds.
E. WORK SCHEDULE: The time frame for the outlined activities shall be:
Milestone
Offer Monthl Part I Intro Class 11 times er 'ear
Offer Bi-Monthl Part lllntro Class 5 times er ear
Provide One-on-One Counseling to clients
Provide Post Home Purchase Follow-Up Counseling To
Prevent Foreclosure Or Predatory Lendin
Final Com letion Date For All Activities
Deadline
I Se tember 30, 2009
Se tember 30,2009
Se tember 30, 2009
September 30, 2009
i Se tember 30, 2009
Please note that if any of these activities exceed the timelines by two month.s a revised lVork schedule
must be submitted to HHS.
F. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status
of specific activities under the project. Each report must account for the total activity for which the
SPONSOR is reimbursed with SHIP funds, in part or in whole, and which is required in fulfillment of
their ohligations regarding the Project. The progress reports shall be submitted on the form Exhibit
"E". The progress repOlis shall be used as an additional basis for HHS approval of invoices, etc. for
payment.
G. PAYMENT SCHEDULE:
Payment will be rendered to the organization upon conclusion and documentation of conducting the
class. Documentation shall include the class roster, and sign in sheet. Final payment to be tied to
reaching the total number of patiicipants.
$1500 per class for 16 classes = $24,000
Payment will be rendered on a monthly basis for counseling. Documentation to include individual,
dated qualification sheet and action steps for client.
$50 per one on one counseling for clients = $3,500
EASF attend training for homehuyer's education to include registration and travel - $500
H. COMPENSATION: The County shaJl reimburse the SPONSOR for the perfonnance of this
Agreement upon completion or patiial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section F, Payments shall be
made to the SPONSOR when requested as work progresses, but not more frequently than once per
month. Adherence to the work schedule identified in Section E will be required, unless modified in
writing by the parties. Payment will he made upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act".
End of Exhibit A
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 12ofl9
Agenda Item No. 16021
October 28, 2008
Page 16 of 22
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sponsor Name:
Empowerment Alliance Corporation of SW Florida (EASF)
Sponsor Address:
750 South Fifth Street, Immokalee, FL 34142
Project Name:
Homebuver Education and Counseling
Project No: SH08--
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
28,000
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 To day'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 the County and us as the Sub-recipient. 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
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 13 of 19
EXHIBIT "c'
ADDITIONAL SHIP GRANT REQUIREMENTS
No Additional SHIP requirements for this agreement.
End of Exhibit C
Aaenda Item No. 16021
~ October 28,2008
Page 17 of 22
EASF/SHIP
2008 Agreement for
Hamebuyer Education & Counseling
Page 14 of 19
Agenda Item No. 16021
October 28. 2008
Page 18 of 22
EXHIBIT "D"
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, c/o Housing and Human Services Department,
3050 Horseshoe Drive North, Suite 110, Naples, Florida 34104, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
(a.) Workers' Compensation as required by Chapter 440, FIOlida Statutes.
(b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per
occunence for combined Bodily Injury and Property Damage. Collier County must be shown
as an additional insured with respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles ttSed in
cOlmection 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 (a) - (c) above, a Certificate of Insurance must be provided
as follows:
(d.) Professional Liability Insw'ance in the name of the SPONSOR or the licensed design
profcssional cmployed by the SPONSOR in an amount not less than $300,000 per OCCWTence
providing for all sums which the SPONSOR and/or the design professional shall become
legally obligated to pay as damages fro claims arising out of the services performed by the
SPONSOR or any person employed by the SPONSOR in connection with this contract. This
insurance shall be maintained for a period of two (2) years after the ceIiificate of Occupancy
is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in (a) - (d) above, the SPONSOR shall provide or cause its
Subcontractors to provide Oliginal policies indicating the following types of insurance coverage
prior to any construction:
(e.) Completed Value Builder's Risk Insmance 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.
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 15 of 19
Agenda Item No. 16021
October 28,2008
Page 19 of 22
Exhibit D, Continued
(f.) Flood Insurance shall be provided for those properties found to be within a flood hazard zone,
in an amount not less than the full replacement values of the completed structure(s) or the
maximum amount of coverage available through the National Flood Insurance Program
(NFIP), whichever is greater. The policy will show Collier County as a Loss Payee
A.T.I.M.A. This policy will be providcd as such timc that he buildings' walls and roof exist.
OPERA nON/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Contract:
(g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined
Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
(h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A.
(i.) Flood Insurance coverage for those prope11ies 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.
End of Exhibit D
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 16 of 19
Agenda Item No. 16021
October 28, 2008
Page 20 of 22
EXHIBIT "E"
SHIP MONTHLY PROGRESS REPORT
Complete form for past month ami submit to Housing & Human Services staffby the J(j" ofthefol/owing
month.
Status Report for Month of
Submittal Date:
Project Name
Homebuyer Education and Counseling
Project Number SHIP
Activity Number
SPONSOR:
Empowennent Alliance of SW Florida (EASF)
Contact Person
Dottie Cook. Executive Director
Telephone: ((239) 658-3315
Fax: (239)657-3084
E-mail:
easf@earthlink.net
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. 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.
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 17 of 19
Agenda Item No. 16021
October 28,2008
Page 21 of 22
Exhibit E, Continued
6. New participants enrolled this month (if applicable):
Name of Pm1icipant, Name of Date of Race Ethnicity
class class
Address & Phone Number (see definitions (see definitions
on following on following
page) page)
7. For projects that serve a particular clientele, please complete the following information by entering the
appropriate number in the blank spaces and in the chmt 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:
TOT AL 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 "/. "
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%) of the current
Median Family Income (MF!). 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,
Income (MFI). Enter this number in box "4. "
are low-incomc (51-80%) of the current Median Family
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This proj ect assisted
in box "5" below.
Female Head of Households REGARDLESS of income. Enter this number
BOX I ROX 2 BOX 3 BOX 4 I BOX 5
Total Number of Extremely VelY Low income Female Head of
Households or Persons Low Income Low Income I (51-80%) Household
Assisted
(0-30%) (31-50%)
i
Sponsors must indicate total beneficiaries for Race AND Ethnicitv
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 18 of 19
Agenda Item No. 16021
October 28, 2008
Page 22 of 22
Exhibit E, Continued
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Afhca.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerio Rican, South or Central American, or
other Spanish culture or origin, l"cgardlcss of racc.
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
End of Exhibit E
EASF/SHIP
2008 Agreement for
Homebuyer Education & Counseling
Page 19 of 19