Loading...
Backup Documents 10/08/2019 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 160 2 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. Lisa N. Can Community and Human LNC 10/4/19 Services 2. County Attorney Office County Attorney Office 2 10 / i I q 3. BCC Office Board of County 'W `k ,' Commissioners r\\SA'/� F•a\ck`\ck 4. Minutes and Records Clerk of Court's Office (h?' ioi toolo4- 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 Lisa N.Carr, Sr.Grant Coordinator, Phone Number 239-252-2339 _Contact/ Department Community and Human Sery. s Agenda Date Item was October 8, 2019 Agenda Item Number 16DA Approved by the BCC Type of Document Agreement Between Collier County and Number of Original 3 Attached Housing Development Corporation d/b/a Documents Attached HELP PO number or account number if document is N/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) 1. Does the document require the chairman's original signature? 0 V `liras. 1,l43 2. Does the document need to be sent to another agency for additional signature? If yes, LNC provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be LNC 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 LNC 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 LNC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC _signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LNC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3/12/2019 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the .'/A is not BCC,all changes directed by the BCC have been made, and the document is ready fo the C ) an option for Chairman's signature. Com"}} this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Instructions 16 D Z 1) Please return two Chairman signed originals (stamped) of each to: Lisa N. Car Sr. Grants, Coordinator Collier County Government I Community and Human Services 3339 E. Tamiami Trail, Bldg. H, Suite 211 Naples, FL 34112 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 161) 2 MEMORANDUM Date: October 10, 2019 To: Lisa Carr, Grants Coordinator Housing, Human & Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: State Housing Initiatives Partnership (SHIP) Sponsor Agreement with Housing Development Corporation of SW Florida, d/b/a HELP Attached please two original copies of the agreement referenced above, approved by the Board of County Commissioners (Item #16D2) on October 8, 2019. The third original document has been held for the Official Record in the Board's Minutes & Records Department. If you have any questions please call me at 252-8406. Thank you Attachment (2) 160 2 Grant- SHIP FY 2017-2018 and 2018/2019 LHAP Strate.y: Purchase Assistance SPONSOR: Housing Development Corporation of SW Florida, Inc. d/b/a HELP CSFA#: 52.901 DUNS #: 830181330 FEIN: 38-3695928 FISCAL YEAR: July 1-June 30th AGREEMENT#: SHIP DPA-001 MONITORING: Annually through June 30, 2021 AGREEMENT BETWEEN COLLIER COUNTY AND Housing Development Corporation of SW Florida, Inc. d/b/a HELP THIS AGREEMENT is made and entered into this r day of Oa 2019, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or Grantee") having its principal address as 3339 E. Tamiami Trail, Suite 211, Naples FL 34112, and Housing Development Corporation of SW Florida,Inc.d/b/a HELP,hereinafter referred to as"SPONSOR",a non-profit existing under the laws of the State of Florida,having its principal office 3200 Bailey Lane, Suite 109, Naples , FL 34105. WHEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of Florida in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State Housing Initiatives Partnership (SHIP) Program; WHEREAS, the State Housing Initiative Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership Program; and WHEREAS,pursuant to the State Housing Initiatives Partnership Program,the COUNTY is undertaking certain activities to primarily benefit persons or households earning not greater than 120%of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2016-2019 Local Housing Assistance Plan as amended was adopted by the Board of County Commissioners on April 26, 2016, Resolution No. 2016-75; and WHEREAS,the COUNTY and the SPONSOR desire to provide purchase assistance as in accordance with this Agreement and the aforementioned Local Housing Assistance Plan; and 1 1602 WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings as specified in Exhibit "B" and determines that they are valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program, Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also referred to as the SHIP Program). B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SPONSOR will implement the Scope of Service summarized in Section II and Exhibit B-Purchase Assistance Project Requirements of this Agreement. II. SCOPE OF SERVICE The SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits B - Purchase Assistance Project Requirements and Exhibit C-Budget Narrative, in accordance with the terms and conditions of Requests for Applications, State Housing Initiatives Partnership (SHIP) Funding Cycle Fiscal Years 2017/2018 and 2018/2019, SHIP Purchase Assistance Program, and SPONSOR's Application dated February 8, 2019. III. SPECIAL GRANT CONDITIONS A. Within 60 days of the execution of this Agreement, the SPONSOR must deliver to Community and Human Services Division (CHS) a detailed project schedule for the implementation through completion of the project to include staff assignment. B. The following resolutions and policies shall be provided, by the SPONSOR, via the Neighborly Software System, within 60 days of contract execution: 1. Affirmative Fair Housing Policy 2. Procurement Policy 3. Ethics/Code of Conduct Policy 4. Affirmative Action Policy 2 160 2 5. Conflict of Interest Policy 6. Equal Opportunity Policy 7. Sexual Harassment Policy 8. Fraud Policy 9. Marketing Policy IV. PERIOD OF PERFORMANCE This Agreement shall be in effect from October 8, 2019 through June 30, 2021, and all services required hereunder shall be completed in accordance with the requirements set forth in Exhibit B-Purchase Assistance Project Requirements. All services required must be completed in accordance with the expenditure deadlines set forth in Exhibit C- Budget Narrative. Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. V. AGREEMENT AMOUNT It is expressly agreed and understood that the total amount to be disbursed by the COUNTY for the use by the SPONSOR during the term of the Agreement shall not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000.00), subject to the availability of funds. The budget identified for the Project shall be as follows: Line Item Description SHIP Funds Project Component One: Delivery of a total of Eight $192,200.00 SHIP Income Qualified Applicants,of which at least four (4) must be 50.1-80.0% AMI. The remaining four(4) may be up to 120.0%AMI Project Component Two: Project Delivery on all $ 7,800.00 completed and closed applications TOTAL $200,000.00 All services specified in Section II. Scope of Services, Exhibit B shall be performed by SPONSOR employees, contracted employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and State requirements. Contract administration shall be handled by the SPONSOR and monitored by CHS,which shall have access to all records and documents related to the project. The SPONSOR will be paid a project delivery fee in the of amount of $1,000.00 or 5 percent of the award amount, whichever is less, for each qualified homebuyer at closing. The COUNTY will forward the Purchase Assistance including project delivery amount at the time of closing. 3 1602 No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or federal requirements. The COUNTY requires SPONSOR to ensure the awarded amount is secured for each homebuyer with a note and mortgage. The Note will bear interest, at 0 percent interest per year, and be forgivable after 15 years, if all SHIP terms and conditions are met. The Note and Mortgage shall be in favor of Collier County. The amount of payment for each qualified household shall not exceed the LHAP limit, currently, in the amount of$55,000.00, per transaction. The COUNTY reserves the right to deny payment of incomplete or altered closing disclosures, inadequately documented expenses, or expenses for items and services the COUNTY deems not to be usual, customary and reasonable expenses, related to the Project. VI. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Carr, Sr. Grants Coordinator Collier County Government Community and Human Services 3339 E. Tamiami Trial, Suite 211 Naples, FL 34112 Email to: Lisa.Carr@colliercountyfl.gov Phone: 239-252-2339 SPONSOR ATTENTION: Michael Puchalla, Executive Director Housing Development Corporation of SW Florida, Inc. d/b/a HELP 3200 Bailey Lane, Suite 109 Naples, FL 34105 Email to: Michael@collierhousing.com Telephone: 239-434-2397 VII. GENERAL CONDITIONS A. GENERAL COMPLIANCE The SPONSOR agrees to comply with the requirements as outlined in Section 420.907 of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code. The SPONSOR also agrees to comply with all other applicable state and local laws, regulations, and policies governing the funds provided under this Agreement. 4 16D 2 The SPONSOR agrees to utilize funds available under this Agreement for Purchase Assistance. B. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SPONSOR shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance, and Workers' Compensation Insurance, as the SPONSOR is an independent SPONSOR. C. WORKERS' COMPENSATION The SPONSOR, its contractors, and subcontractors shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. D. INSURANCE The SPONSOR shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least $1,000,000 per occurrence in accordance with Exhibit A. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, or omission, 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 any of its agents, officers, servants,employees,contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of 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. The SPONSOR shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there- on. This Indemnification shall survive the termination and/or expiration of this Agreement. 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,Florida Statutes. 5 0 1602 F. GRANTOR RECOGNITION The SPONSOR agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digital, prepared and released by the SPONSOR for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY FLORIDA HOUSING FINANCING COPORATION (FHFC) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SPONSOR. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. AMENDMENTS The COUNTY and/or SPONSOR may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement,nor relieve or release the Grantee or SPONSOR from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with federal, state, or local governmental guidelines, policies, and available funding amounts,or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SPONSOR. Expiration of Agreement: If the SPONSOR does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. 6 C,q 16132 H. SUSPENSION OR TERMINATION Either party may terminate this Agreement, at any time, by giving written notice to the other party of such termination, and specifying the effective date thereof, at least 90 days before the effective date of such termination. In the event of any termination for convenience, all finished or unfinished documents, data, studies, drawings, maps, models, photographs, reports or other materials prepared by the SPONSOR under this Agreement shall, at the option of the COUNTY, become the property of the COUNTY. The COUNTY may also suspend or terminate this Agreement, in whole or in part, if the SPONSOR materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein, in addition to other remedies as provided by law. If through any cause, the SPONSOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the covenants, agreements, or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the SPONSOR of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. See Section VIII. G.—Corrective Action for escalation steps leading to suspension or termination for non-compliance. If payments are withheld, Community and Human Services Division(CHS)staff shall specify, in writing,the actions that must be taken by the SPONSOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: * Ineffective use of funds. * Failure to comply with Section II, Scope of Service of this Agreement. * Failure to submit periodic reports as determined by the COUNTY. I. PURCHASING All purchasing for consumables, capital equipment, and services shall be made by purchase order or by a written contract and in conformity and in full compliance with the procedures prescribed by applicable Florida Statutes (FL 287.017) and the Collier County Purchasing Policy, whichever is more stringent. Purchasing Threshold Policy Dollar Range ($) Competition Required $0 - $3,000 1 Verbal Quote $3,001 - $50,000 3 Written Quotes $50,000+ Bids, Proposals, Contracts (RFP, IFB etc.) 7 0 16D All services in Part II Scope of Service, shall be performed by SPONSOR employees, or shall be put out to competitive bidding,under a procedure acceptable to the COUNTY and FL State requirements. The SPONSOR shall enter into contracts with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SPONSOR and monitored by CHS,which shall have access to all records and documents related to the project. As provided in Section 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. J. DEBARMENT The SPONSOR certifies that no officer or agent of the SPONSOR has been debarred from bidding, proposing, or contracting for federal, state, or local government programs. The SPONSOR assures that all its subcontractors who will participate in activities, which are subject to this agreement, are eligible and have not been debarred. VIII. ADMINISTRATIVE REQUIREMENTS A. RECORDS TO BE MAINTAINED The SPONSOR shall maintain all records required by the COUNTY that are pertinent to the activities to be funded under this Agreement, as established in Exhibit B. RETENTION The SPONSOR shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) fiscal years after the funds have been expended and accounted for, provided applicable audits have been released.Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the expiration of the five-year period,then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the ten-year period, whichever occurs later. IF THE SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 8 16D 2 Collier County Board of County Commissioners Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112 (239) 252-8069 PublicRecordRequest@colliercountyfl.gov A provision that requires the SPONSOR to comply with public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the SPONSOR does not transfer the records to the public agency. 4. Upon completion of the Agreement, transfer, at no cost, to the public agency all public records in possession of the SPONSOR or keep and maintain public records required by the public agency to perform the service. If the SPONSOR transfers all public records to the public agency upon completion of the Agreement the SPONSOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SPONSOR keeps and maintains public records upon completion of the Agreement, the SPONSOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. B. DISCLOSURE The SPONSOR shall maintain records in accordance with Florida's Public Information Law (F.S. 119). C. GRANT CLOSE PROCEDURE The SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets 9 160 2 (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), close out monitoring and determining the custodianship of records. In addition to the records retention outlined in Section VIII.B, the SPONSOR shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SPONSOR is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. The SPONSOR shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. At the time of closeout, if not already done,the COUNTY shall secure a note and mortgage on each property assisted with SHIP funds. D. AUDITS AND INSPECTIONS 1. Audits Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that the SPONSOR expends a total amount of State awards equal to or in excess of $750,000 in any fiscal year of such SPONSOR, the SPONSOR must have a State single or project-specific audit for such fiscal year, in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor General. In connection with these audit requirements, the SPONSOR shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package, as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 45 days after delivery of the financial reporting package to the SPONSOR but no later than 180 days after the SPONSOR's fiscal year end. Submit the financial reporting package and Exhibit E to the Grant Coordinator. If the SPONSOR expends less than $750,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the SPONSOR expends less than $750,000 in State awards in its fiscal year and elects to have an audit in accordance with provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. 10 1602 2. Inspections The SPONSOR'S records with respect to any matters covered by this Agreement shall be made available to the COUNTY and/or the FHFC at any time during normal business hours, as often as the COUNTY or the FHFC deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. E. MONITORING The SPONSOR agrees that CHS will carry out no less than one (1) annual monitoring and evaluation activity, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SPONSOR shall, upon the request of CHS, submit information and status reports required by CHS to enable CHS to evaluate said progress and to allow for completion of reports required. The SPONSOR shall allow CHS to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled, as determined by CHS. The COUNTY will monitor the performance of the SPONSOR based on goals and performance standards as stated with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this Agreement. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SPONSOR within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. The SPONSOR agrees to provide the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. F. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. To effectively enforce Resolution 2013-228, Community and Human Services (CHS) Division has adopted an escalation policy to ensure continued compliance by subrecipients, sponsors, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to CHS within 15 days following the monitoring visit. 11 16D2 • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If an Entity fails to submit the corrective action plan to CHS in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of five percent (5%) of the awarded amount be returned to CHS, at the discretion of the CHS Director. • The entity may be considered in violation of Resolution 2013-228. 3. If an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by CHS of their substantial non-compliance, by certified mail; CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of ten percent (10%) of the awarded amount be returned to the COUNTY, at the discretion of the CHS Director. • The entity will be considered in violation of Resolution 2013-228 4. If after repeated notification, the Entity continues to be substantially non- compliant, CHS may recommend the contract or award be terminated. • CHS will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the COUNTY for the project that was terminated. The entity will be considered in violation of Resolution No. 2013-228 If the Entity has multiple agreements with CHS and is found to be non-compliant, the above sanctions may be imposed across all awards at the Director's discretion. G. PROGRESS REPORTS The SPONSOR shall submit regular Quarterly Progress Reports to the COUNTY via the County's web base data management system (Neighborly) on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. Other reporting requirements may be required by the COUNTY, in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested 12 16132 documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. IX. CIVIL RIGHTS COMPLIANCE The SPONSOR agrees that no person shall, on the ground of race, creed, color, religion, national origin, sex, handicap, familial status, marital status, or age be excluded from the benefits of or be subjected to discrimination under any activity carried out by the SPONSOR in performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. The SPONSOR will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate of pay, or other forms of compensation, and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. X. PROHIBITED ACTIVITY The SPONSOR is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities, sectarian or religious activities; lobbying, political patronage, and nepotism activities. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, if such remainder would then continue to conform to the terms and requirements of applicable law. XII. AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from SHIP grant funds from FHFC and must be implemented in full compliance with all of SHIP rules and regulations and any agreement between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the event of curtailment or non-production of said state funds, the financial sources necessary to continue to pay the SPONSOR all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SPONSOR agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to the SPONSOR under the terms of this Agreement. 13 1602 XIII. DEFAULTS, REMEDIES,AND TERMINATION This Agreement may also be terminated for convenience by either the COUNTY or the SPONSOR, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the COUNTY determined that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety. The following actions or inactions by the SPONSOR shall constitute a Default under this Agreement: A. Failure to comply with any of the rules,regulations,or provisions referred to herein, or such statutes, regulations, executive orders, and SHIP guidelines, policies, or directives as may become applicable at any time; B. Failure, for any reason, of the SPONSOR to fulfill, in a timely and proper manner, its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission, by the SPONSOR to the COUNTY, of reports that are incorrect or incomplete in any material respect. E. Submission by the SPONSOR of any false certification; F. Failure to materially comply with any terms of this Agreement; G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SPONSOR relating to the project. In the event of any default by the SPONSOR under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of, or change in, professional property management; 3. Require immediate repayment by the SPONSOR to the COUNTY of all SHIP funds the SPONSOR has received under this Agreement; 4. Apply sanctions, if determined by the COUNTY to be applicable; 5. Stop all payments, until identified deficiencies are corrected; 14 160 2 6. Terminate this Agreement by giving written notice to the SPONSOR of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, the SPONSOR shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. XIV. OPPORTUNITIES FOR RESIDENTS To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SPONSOR is encouraged to comply with Section 3 of the Housing and Community Development Act of 1968. XV. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SPONSOR will use its best efforts to afford small businesses, minority business enterprises, and women owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract,the terms"small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51 percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans; Spanish-speaking, Spanish surnamed or Spanish-heritage Americans; Asian-Americans; and American Indians. The SPONSOR may rely on written representations by businesses regarding their status as minority and female business enterprises, in lieu of an independent investigation. XVI. AFFIRMATIVE ACTION The SPONSOR agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SPONSOR to assist in the formulation of such program. Prior to the award of funds, the SPONSOR shall submit for approval, a plan for an Affirmative Action Program. XVII. CONFLICT OF INTEREST The SPONSOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having 15 16D2 any conflict of interest shall be employed by or subcontracted by the SPONSOR. The SPONSOR covenants that it will comply with all provisions of FL 287.057 "Conflict of Interest", and 2 CFR 200.318, and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed, in writing, to CHS 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. The SPONSOR will notify the COUNTY, in writing, and seek COUNTY approval, prior to entering into any contract with an entity owned, in whole or in part, by a covered person or an entity owned or controlled, in whole or in part, by the SPONSOR. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit the SPONSOR's ability to self- manage the projects using its own employees. XVIII.INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SPONSOR and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. XIX. RELIGIOUS ORGANIZATIONS State funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Florida Statue, Chapter 196.011. The SPONSOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State,and Local Governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct State funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious 16 1602 activities. Where a structure is used for both eligible and inherently religious activities, SHIP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to SHIP funds in this part. Sanctuaries,chapels,or other rooms that a SHIP funded religious congregation uses as its principal place of worship, however, are ineligible for SHIP funded improvements. XX. NATURAL DISASTER In the event of a natural disaster, this Agreement may be suspended or terminated, and funds transferred to recovery activities, as determined by the COUNTY. Funds subject to this provision shall be those that are not contractually committed for construction, design or other such third-party private vendors or committed to homebuyers. XXI. ENFORCEMENT OF AGREEMENT The benefits of this Agreement shall inure to and may be enforced by the COUNTY for the duration of the Agreement,whether or not the COUNTY shall continue to be the holder of the Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds issued for the purpose of providing funds for the project are outstanding. The SPONSOR warrants that it has not, and will not, execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that, in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. However,this shall not preclude the COUNTY from subordinating its loan to construction financing. XXII. AFFIRMATIVE MARKETING The SPONSOR shall adopt appropriate procedures for affirmatively marketing the Purchase Assistance Program. Affirmative marketing consists of good faith efforts to provide information and otherwise to attract to eligible persons from all racial, ethnic, and gender groups in the housing market area. The SPONSOR shall be required to use affirmative fair housing marketing practices in soliciting applicants, determining eligibility, concluding transactions, and affirmatively further fair housing efforts. The SPONSOR must maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters, etc.) to be available for inspection on request by the COUNTY. The SPONSOR must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market of the available housing. The SPONSOR must provide the COUNTY with an assessment of the affirmative marketing program. Assessment must include: a) methods used to inform the public and potential homebuyers about federal fair housing laws and affirmative marketing policy, b) methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special outreach; 17 16D2 and c) records describing actions taken by the participating entity and/or owner to affirmatively market units; and records to assess the results of these actions. XXIII. COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright materials or patent materials, the SPONSOR may copyright or patent such, but Collier County and the State of Florida reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use such materials and to authorize others to do so. XXIV.COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of thirty-seven (37) enumerated pages and the exhibits and attachments referenced herein, shall be executed in two counterparts, each of which shall be deemed to be some original, and such counterparts will constitute one and the same instrument. XXV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the entire understanding. The parties herby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 18 • 1613 2 IN WITNESS WHEREOF, the SPONSOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. AT 1' T: CRSS ;'Kt\IXICt, CLERK BOARD OF CO _ TY COMMISSIONERS OF '`st'"1-,' COLLIER C• I .' • DA UA ' .C. ,‘, I - _ fac • AO c :, -� pc�ty erk By. �� te's spa ;� :'�- 5: Wil ..m L. Mc G:"'`�'; r'' O MAN / Cignatu Dated: Lt _ 149 Dated: ICS/$ 1 1 CI - (SEAL) HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP By:v—r J JLL ._ Michael Puchalla, EXECUTIVE DIRECTOR Dated: 9/ .23/-105 Approved as to form and legality: Jenn er A. Belpedio Assistant County Attorney (r—j—j- `\� 1 Item# 14)2 Acendato�G 1 4 Date Q UE LDate i A Ind Recd ulIerh4 I (.1 19 16D2 EXHIBIT "A" INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. 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 $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SPONSOR or the licensed design professional employed by the SPONSOR, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate, providing for all sums which the SPONSOR and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR, in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide or cause its Subcontractors to provide original certificates 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. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SPONSOR shall assure that for activities located in an area identified by the Federal Emergency Management(FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained 20 160 2 and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. 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. 11. 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. 21 1602 EXHIBIT "B" PURCHASE ASSISTANCE PROJECT REQUIREMENTS I. This Project is to provide Purchase Assistance to qualified Collier County residents utilizing SHIP Purchase Assistance funds under the Collier County LHAP FY2016-2019. The Sponsor shall use funding for down payment and/or closing costs, settlement charges, and project delivery on an approved primary residence purchase transaction. SPONSOR will serve in an advisory role for the program and complete the following tasks: • Identify and meeting with prospective applicants • Complete detailed income certification • Pre-purchase counseling • Prepare a complete purchase application package and deliver to County Staff(Exhibit F) • Deliver condition items to obtain first lender approval for funding(Exhibit G, Exhibit H, Exhibit I and Exhibit J) • The lien in favor of the COUNTY is properly recorded in Public Records. II. The SPONSOR shall perform the following activity under this agreement: • Applicant Screening • Income/Asset Screening • Property Eligibility • Required Training: SPONSOR is required to attend two technical assistance training session provided by Community and Human Services Division SHIP staff at a day and time agreeable to Staff and SPONSOR within 120 days of execution of this Agreement. III. SPONSOR must provide at least four (4) Low Income homebuyers (80% of AMI), with the remainder of the funding to be distributed amongst Very Low (50% of AMI), Low (80% of AMI), and Moderate Income (120%of AMI) homebuyers. IV. Collier County will have final approval of all applications and will provide the following: • Approval/Denial letter • SHIP Administrator Signature on Income Certification Form • Delivery of funds to the closing agent. 22 • 1602 EXHIBIT "C" BUDGET NARRATIVE PURCHASE ASSISTNCE PROGRAM The total SHIP allocation to the SPONSOR for the Purchase Assistance Program shall not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000.00) Sources for these,funds are as follows: Fiscal Year Mortgage Project Total Assistance Delivery Program *2017-2018 $116,100.00 $4,000.00 $120,100.00 +2018/2019 $ 76,100.00 $3,800.00 $ 79,900.00 Total Funds $192,200.00 $7,800.00 $200,000.00 *expenditure deadline June 30, 2020 +expenditure deadline June 30, 2021 Uses of these funds are as follows: Income Category Purchase Project Applicant Award Amounts Assistance Delivery Very Low $49,000.00 $1,000.00 $50,000.00 Low Income $29,000.00 $1,000.00 $30,000.00 Moderate $19,050.00 $ 950.00 $20,000.00 Funds shall be disbursed in the following manner for the following uses: L Total expenditure shall not exceed $200,000.00 for this contract. 2. Maximum award will be $50,000 per qualified household, including project delivery cost for very-low income household (0-50.0 percent AMI-Very-low). 3. Maximum award will be $30,000 per qualified household, including project delivery cost for low income household (50.1-80 percent AMI-Low). 4. Maximum award will be $20,000 per qualified household, including project delivery cost for moderate income household (80.1-120 percent AMI-Moderate). 5. Funding will be disbursed through the Collier County Clerk of Court via wire transfer or check, at the time of closing. 6. An additional award of$5,000 may be added to the maximum award for households qualifying as Essential Services Personnel. 7. Funds are not limited to the fiscal year appropriation and may be moved between fiscal years. 23 a`� 160 2 EXHIBIT "D" REPORTS Report Title Documentation Required Due Date Project Schedule See Section III, A Within 60 days of contract execution and 30 days after any revision. Special Grant Policies & See Section III, B Within 60 days of contract Procedures execution. Insurance Proof of coverage in Within 30 days contract (Flood, Property, O&D) accordance with Exhibit A/ execution and annually Declaration page within 30 days after renewal through June 2021. SPONSOR Audit Audit report, Management Within 9 months for Single Letter and Exhibit E Audit(otherwise 180 days) after the end of the SPONSOR fiscal year through 2021 Progress Report Progress report, detailing (10) days after the end of the accomplishments. calendar quarter until final closeout 2021. 24 1602 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F—Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above n ❑ Are a for-profit organization ❑ Are exempt for other reasons — explain_ An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 25 1602 EXHIBIT "F" SHIP PURCHASE ASSISTANCE APPLICATION Instructions to Applicant(s)/First Time Homebuyer(s) Contact our office to determine iffunds are available prior to completing an application. If your total annual household(gross) income is within the income limits set by the program, then proceed with the steps below. 1. Homebuyer Training You are required to attend a County approved HUD Homebuyer training course before closing on the loan. HDC of SW Florida(HELP)To register call 239-434-2397 X200 or X203 or visit www.floridahelp.org. Classes are held at 3200 Bailey Lane, Ste. 110,Naples, FL 34105. 2. First Mortgage Loan Approval You must qualify for a first mortgage loan from a County approved lender. You may select the lender of your choice so long as they agree to execute a Memorandum of Understanding with Collier County. The lender will tell you approximately how much you can afford to purchase and will give you an estimate of your monthly payments based on your income. 3. Pre-qualification Process A Housing Assistance Application must be completed to participate in the SHIP Purchase Assistance Program. Remember to only list someone as a co-applicant if they are going to be on the first mortgage loan. Once you have completed steps 1 & 2 above you can submit a completed application along with the all documents listed on the checklist and deliver to our office located at: HDC of SW Florida (HELP) 3200 Bailey Lane, Suite 110 Naples, FL 34105 Please include a copy of your pre-approval letter from the lender and copy of Homebuyer Certificate of Completion if you have already completed the course with your application. HELP will review your application and contact you if any additional documents are required. A pre- qualification/denial letter of your income eligibility/ineligibility will be provided to you after the income is approved. This letter is good for one year from the date of the letter. You must close before that year is up. Please understand that this is not a final approval. 4. Select Realtor& Sales Contract Select a Realtor of your choice and locate a home to purchase. Sign the Purchase Contract; a deposit will be required for an Escrow at this time. 5. Home Inspection Once a sales contract is executed by Seller and Buyer a home inspection must be completed by a Certified Home Inspector that is certified by the State of Florida and a copy of that inspection must be provided to the County. 26 • 1602 The Home Inspection may be reviewed by our third-party inspector to identify any Health, Safety or Welfare issues requiring immediate correction. The contracted inspector may request to conduct an on-site inspection of the property. Any item that is a safety hazard identified as harmful or dangerous to its occupants due to its presence or absence in the structure or any item identified as a major concern that is either significantly affecting the habitability and/or can be considered a possible expensive repair or replacement, will be denied for assistance or will require that the item be fixed by a professional in the appropriate trade prior to the closing. 6. Lender After you select a home,provide the lender with a copy of your Purchase Contract so they can begin the underwriting process. You will receive a Loan Estimate of the cost associated with your loan. The HELP will work with your lender on getting all the pertinent information required to complete your file. 7. Documents required by Homebuyer There are certain documents that must be executed before/after you sign a contract for purchase. Once you sign a contract for purchase you must provide a copy of the following documents to the HELP office: a. Executed sales contract. b. Flood Certificate if in a Flood Zone and proof of Homeowners Insurance c. Signed lead-based paint notice if property built prior to 1978. d. Home Appraisal e. Home Inspection Report completed by a Certified Home Inspector. f. Homebuyer Training Certificate of Completion. 8. Final Application Review A review can take 8-12 weeks to be income qualified. Please work with your realtor to schedule the closing of the home with this timeframe in mind. 9. Final Approval and Loan Award Once your file has been approved by our office, your file will then be forwarded to the Collier County to perform an audit. They may require additional documents, conduct an inspection or contact you, your bank, your employer or any other party that may have knowledge of your income or household composition. Once the file has been audited by the County, we will contact you to schedule an appointment to sign a Final Income Certification form and to explain the details of the County SHIP Promissory Note and Mortgage you will sign at your closing; and you will then be notified that the check is being processed for closing. 10. Payment/Funding We will notify your lender, realtor, and/or the Title Company when the payment, County Promissory Note, and Second Mortgage will be delivered to the title company. 11. Report Changes If at any time your employment, income, family size, or financial situation changes you should immediately notify our office. The supporting income and asset information you provided with your application is only good for 120 days so you may have to re-submit verification documents if this time expires before you receive a pre-qualification letter. 27 1602 12. Other Important Information • Funds are provided on a first-come, first-qualified basis. • Amount of award will vary depending on the grant source and income limits, and if more than one funding source is used to assist the purchase of the home I/We have reviewed the SHIP program and the requirements set forth and acknowledge that at any time during the process our file may be denied by Collier County SHIP or the Clerk of Courts. Borrower Date Co-Borrower Date For more information: Contact our office at 239-434-2397 Or Email michael@collierhousing,com 28 1602 Re: Collier County SHIP Purchase Assistance Program Thank you for your interest in the Collier County SHIP Purchase Assistance program. Funds are available on a first come/first qualified basis, upon funding availability, for first-time homebuyers who meet the program requirements. Please include all of these items along with your application and deliver or mail to: HDC of SW Florida, Inc. (HELP) 3200 Bailey Lane, Suite 110 Naples, FL 34105 (239) 434-2397 1. First mortgage loan pre-approval letter from lender (ifapplicable) 2. 30-days pay stubs (For all employed household members) 3. Current Social Security Award letter or any other Benefits received by yourself or family member living in the house. (401K, FRS, IRA, Retirement, Pension, etc.) 4. Most recent six months' checking account bank statements(all pages, even if blank). (For all household members, including minors) 5. One month most current savings account bank statement(all pages, even if blank). (For all household members, including minors) 6. Most current IRS Tax Return and W-2s or 1099, signed & dated (all pages, even if blank). 7. For Self-employed information: Two years of IRS 1040 and W-2s or 1099, Schedule C, and Profit& Loss, signed & dated (all pages, even if blank). 8. Copy of your Sales Contract and Escrow check. 9. Proof of Residency- Color Copies of homeowner's driver's license and birth certificate or one of the following; US Citizenship Certificate; US Passport; Permanent Resident Card(Borrower/Co-borrower and Spouses) 10. Color copies of each household member's Social Security Card. Note: Third- Party Verifications must be signed by all adult household members, where applicable. Note: Dependents:If you show a child as household member,but do not claim them as a dependent on your tax returns, you must provide a court order showing that you are the primary custodian of that child and provide school records that show child resides with you at your current residence. Note: Explanation of Deposits: If there are additional deposits identified on your bank account statements that do not directly relate to your employment income, CHS staff will require an explanation of deposit form to be completed for each deposit. Note: Self-employed/1099 employee: CHS will require you complete a profit and loss statement. You must provide all business bank accounts for the last six months and two years of your business and personal filed tax returns (all schedules). 29 160 2 Additional Forms Below, as Applicable: Zero Income Declaration: an adult household member who has no income Child Support Affidavit: when minor children are part of household. Gift Letter: one-time gift payment received from person not part of household. Regular Cash Contributions: additional cash income earned and not related to employment income. Same Name Affidavit: different or variation of name on personal documents (tax returns, bank accounts, pay stubs, driver's license) Student Status Declaration: a full-time student over the age of 18 who is not the head, co-head, or spouse. Notice Of Collecting Social Security Numbers: all adult household members Equal Housing Opportunity Disclosure: all applicants 30 16112 EXHIBIT G PURCHASE ASSISTANCE PROGRAM LENDER INSTRUCTIONS Homebuyers who wish to apply for grant funds offered through the Collier County Community & Human Services Department (CHS) must meet the requirements of the program and be pre-qualified for a first mortgage loan by a lending institution. Any financial institution providing a home loan to a buyer requesting State and/or Federal funds must execute a Memorandum of Understanding with Collier County prior to funds being awarded toward the purchase of the home. Funds are issued on a first-come, first-qualified, first-serve basis and dependent on the availability and limitations on the amount of funds an income group is allocated. The following documents must be provided by the lender as part of the homebuyer application package prior to closing for County review. Processing time may take up to 4-6 weeks upon receipt of a completed application. 1. Data Sheet (form attached) 2. First Mortgage Loan Commitment/Approval Letter 3. Signed 1003 loan application, 1008 underwriting summary 4. Loan Estimate 5. Closing Disclosures (Preliminary and Final) 6. Appraisal 7. Sales Contract 8. Borrower(s) credit report Lenders Instructions • Prior to closing, a copy of the final Closing Disclosure must be faxed to (239) 252-2339 or emailed to lisa.carr@colliercountyfl.gov for an approval to close from CHS. The closing agent will receive an email indicating "clear to close" from CHS staff. • Funds should only be utilized for down payment and/or closing cost. Any remaining funds must be used to reduce the first mortgage loan. Homebuyer cannot receive any cash back at closing, including any money paid towards earnest money deposit, application fee, appraisal etc. 31 0 1 613 2 • County funds must be listed as "Collier County SHIP Second Mortgage" on all forms. • Collier County Community & Human Services must be named as a mortgagee on the Homeowners Insurance Policy with a copy provided to the County prior to closing. Mortgagee/Additional Insured: Collier County Community & Human Services, 3339 East Tamiami Trail, Suite 211, Naples, FL 34112. 32 OV) 16D2 EXHIBIT H SHIP PURCHASE ASSISTANCE PROGRAM -DATA SHEET LENDER INFORMATION: The Applicant(s)/Potential Borrower(s) identified below appear to meet the basic eligibility requirements of Collier County's SHIP Purchase Assistance Program based on preliminary information received during their mortgage application. Name of Lending Institution: Address of Lending Institution: City: State: Zip Code: Loan Officer/Broker: Phone No.: Fax No.: Email Address: BORROWER(S) INFORMATION: Borrower's Name: Co-Borrower/Spouse Name: Phone Numbers: Work: - Home: Cell: E-mail Addresses: Total number of persons intending to reside in home: Number of adults: Number of children under 18 years old: MORTGAGE/FINANCIAL INFORMATION: Purchase Price $ Appraisal Amount$ Loan Amount$ Monthly Payments(PITI)$ Estimated Closing Date: Closing Agent: Phone No.: Loan Type FHA VA USDA CONV Portfolio_ __Other PROPERTY INFORMATION: Address of Property to be purchased: City: State: Zip Code: Folio#: New Unit: Existing Unit: City of Naples: Yes No Property Type: Single Family Detached Condo Townhouse Manufactured 33 1602 EXHIBIT I CERTIFICATION OF FINANCIAL INSTITUTION Borrower(s) and who Lender has approved for a first mortgage loan. 1. Lending Institution is a regulated financial institution. 2. To the best of the Lender's knowledge, the information contained in this application package is true and correct. 3. The Lender is not aware of any facts or circumstances that would cause it to question the truth or completeness of any portion of the foregoing mortgagor(s)profile. 4. SHIP loan funds must be used for down payment and closing costs. Any remaining funds must be applied towards the principal loan and the borrower(s) will not receive any portion of the loan funds in cash either before, during, or after closing. 5. The borrower(s) has received a firm loan commitment. 6. Lender agrees to execute a Collier County Purchase Assistance Program Lender Memorandum of Understanding in order to participate in program. , on behalf of (Name of Lending Agent/Officer) (Lending Institution) Agree to abide by all of the above Collier County Purchase Assistance Program Lender Guidelines and understand that failure to abide will disqualify me from participation with the program at the discretion of the Community and Human Services Director. Lending Agent/Office Signature Date NMLS # 34 OVJ 16132 • EXHIBIT J Purchase Assistance Program Lender Memorandum of Understanding The Collier County Community & Human Services (CHS) provides funds to assist first-time homebuyers in purchasing a home through the Collier County SHIP Purchase Assistance Program. Any financial institution providing a home loan to a buyer that will be using State funds through Collier County must understand and agree to comply with the guidelines set forth below. A. APPLICANT/HOMEBUYER: • Applicants must be first-time homebuyers to receive grant assistance. • Homebuyers must be pre-approved for first mortgage financing by a financial institution before an application is submitted to the County for processing. • Homebuyers must attend a HUD Certified Homebuyer Education course approved by CHS prior to receiving a final approval. Certificate of Completion must be on file with CHS and must not be more than one year old. B. NONDISCRIMINATION: The financial institution agrees not to discriminate on the basis of race, religion, color, age, sex, familial status,national origin, or handicap. C. MAXIMUM INCOME: • Household income must be at or below 120 percent of the Area Median Income (AMI) as determined by HUD/FHFC and adjusted for family size. This requirement applies to applicants assisted with SHIP funds. o Funds for a specific income category may or may not be available at the time SHIP application is submitted. o Priority of funds will be given to income categories as follows; I 1St- Very low(50 percent of AMI) • 2"d- Low(80 percent AMI) • 3`d- Moderate(120 percent AMI) D. PROPERTY REQUIREMENTS: • Maximum Purchase Price not to exceed 90 percent of Collier County Average Area Purchase Price as published by Florida Housing Finance Corporation. • The property may be an existing single family, townhouse, condominium, or one side of a duplex that will be owner-occupied as a primary residence. • Mobile or manufactured homes and trailers are eligible for assistance(post June 1994). • The property must have an appraisal done by a certified appraiser. • The housing must have a full home inspection completed by a certified home inspector prior to closing. 35 OVD 1602 E. REQUIRED DOCUMENTS: • Lenders agree to supply County with the following documents prior to closing for review and processing. Signed 1003 loan application; Signed Loan Estimate; Credit Report for all borrowers; Signed Closing Disclosures; Appraisal; Sales Contract; Home Inspection completed by certified home inspector; or a certificate of occupancy if it is new construction. F. LOANS AND LOAN POSITION: • Collier County will take second position, and only take third position, if Florida Housing Finance Corporation funds are used. • First mortgage must be a fixed rate: Conventional, Portfolio, FHA, VA, USDA. • No ARM's, prepayment penalty, negative amortization, balloon loan, owner financing, or other non-affordable loan terms allowed. • Interest rate may not exceed 1 percent of the Fannie Mae 60-day rate at lock-in date. Evidence of date and rate must be provided to County prior to closing. • APR Rate shall not exceed 1.50 percent of the interest rate. • Interest Rate Buy downs and Discounts are not allowed. • Cash to borrower or consolidation of debt is not allowed at closing. G. RATIOS AND SUBSIDY: • Ratios may not exceed a Front-End Ratio maximum of 32 percent- Back-End Ratio maximum of 45 percent; any exceptions must be approved by the CHS Director. H. CREDIT GUIDELINES: • Non occupant co-borrowers/signers are not allowed. • Applicants must not have had any of the following during the previous three years: Foreclosure, Deed-in-lieu, Bankruptcy, delinquent tax liabilities, or delinquent Collier County property taxes. I. LENDER FEES: • Lender fees may not exceed $1,500 before any credits are applied; this includes origination fees charged for processing fees, underwriting, administration, and document preparation. • Borrower paid broker fees are not allowed. • Loan discount fees are not allowed. J. CLOSING: • The Collier County Board of County Commissioners reserves the right to withhold any funds until all documents are received and approved in accordance with the 36 n 1602 program regulations. • Failure to notify the County that closing has not occurred within five(5)business days of settlement date will result in disqualification of future participation of program. • If funds disbursement is made by check, SHIP check must be returned to County within ten (10)business days from the check date. K. LENDER DISQUALIFICATION: • Lenders may be disqualified from participation in the Purchase Assistance program if the following: a. Submission of loans outside the parameters of approved lender guidelines. b. Failure to routinely respond to CHS staff requests, calls, or emails. c. Late submission of documents, pre-approval letters, or loan packages. d. Any other violation at the sole discretion of the CHS Federal/State Grants Manager. • Grant Coordinator will notify lender when a violation occurs and attempt to rectify with lender. • If Lender is unable to rectify, or occurrences of such violations become routine,the Grant Coordinator will document violations and submit to Federal/State Grants Manager for review and disqualification determination. • CHS Grant Coordinator will notify Lender of disqualification determination. Lending Institution: I, , a duly authorized Loan Officer with the following regulated (Name) Financial Institution , hereby agree to abide (Name of Lending Institution) by all the above Collier County Purchase Assistance Program Lender Memorandum of Understanding guidelines and understand that failure to abide will disqualify me from participation with the program, at the discretion of the Community and Human Services Division Director. Authorized Signature Title Date NMLS E-mail: 37 OV3